§ 1 GENERAL PROVISIONS
- These Terms and Conditions shall govern all use of the online Shop at www.arystea.com by all Users.
- The Terms and Conditions stated herein set forth: the type, scope and conditions of: rendering electronic services through www.arystea.com; the conditions of concluding and terminating Product Sales Agreements as well as the complaints procedure.
- By using the Electronic Services available through the Shop, the User agrees to be legally bound and to abide by these Terms and Conditions.
- To all matters not settled herein the following provisions of Polish law shall apply:
- Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
- Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
- Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016 (Dz. U. 2016, item 1823),
- Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.
§ 2 DEFINITIONS FOR THESE TERMS AND CONDITIONS
- REGISTRATION FORM − shall refer to the electronic form available at www.arystea.com required for Account registration.
- ORDER FORM – shall refer to the electronic form available at www.arystea.com, required for Order placement.
- CUSTOMER – shall refer to any User concluding a Sales Agreement with the Seller.
- CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
- ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.
- NEWSLETTER – shall refer to the free subscription e-mail information service allowing Users to receive updates on the Services available on the Website from the Service Provider.
- PRODUCT – shall refer to any movables or services covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.
- TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
- SHOP − shall mean the Service Provider’s online Shop located at arystea.com.
- SELLER, SERVICE PROVIDER – Aleksandra Tkocz, trading as P.P.U.H. Gama Aleksandra Tkocz registered in the Business Activity Central Register and Information Record (CEIDG) operated by the Ministry of Economy of the Republic of Poland, principal place of business and address for service: Zygmunta Krasińskiego 29, 40-019 Katowice, Poland, NIP: 6423129974, REGON: 368648150, email address: firstname.lastname@example.org, telephone number: +48 737-807-476.
- SYSTEM OF REVIEWS – shall refer to an electronic service enabling Users to evaluate the content posted on the Website.
- SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
- ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.
- USER − shall refer to any natural person, a corporate or non-corporate entity granted legal capacity under imperative provisions of law, using the Electronic Services.
- ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
§ 3 PRODUCT AND ORDER INFORMATION
- The www.arystea.com online shop conducts retail sales to Consumers in Poland.
- The Seller represents and warrants that all Products are brand new, free and clear of all liens or other encumbrances of any kind and in full compliance with all applicable laws.
- The information provided on the www.arystea.com website does not constitute an offer to sell Products or services as defined by applicable law. By placing an order, the Customer makes an offer to buy a Product under the terms set forth in the Product description.
- The Product prices at www.arystea.com are given in American dollars (USD) or Euros (EUR) and include all measurable costs, such as value added tax (VAT). Orders shipped to countries outside the European Union may be subject to customs and additional taxes counted in accordance with the prevailing tax regulations of the country of destination. For further information the Customer should contact relevant customs and duty authorities. The prices do not include delivery fees.
- The Product prices at www.arystea.com only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
- Orders can be placed:
- through the website 24 hours a day, 365 days a year by completing an Order Form at www.arystea.com,
- via email at email@example.com.
- The Customer is not required to register an Account to place an Order.
- Customers are required to read and acknowledge these Terms and Conditions during order placement.
- Orders are processed between: 9:00 and 18:00 (UTC+1) on Working Days – Monday to Friday. Orders placed after 14:00 (UTC+1) on Working Days as well as Orders placed on a Saturday, Sunday or a public holiday shall be processed the next Working Day.
- Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.
§ 4 CONCLUDING SALES AGREEMENTS
- In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under 3 points 6 and 8, by choosing one of the methods made available by the Seller.
- After placing a purchase Order, the Customer immediately receives an Order confirmation email from the Seller.
- Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation is sent to the Customer via email.
- The Order confirmation email shall include the following elements:
- confirmation of all relevant Order details,
- model statement of withdrawal from the agreement,
- these Terms and Conditions containing information on the right of withdrawal.
- After receiving the confirmation email, as set forth under point 4, the Sales Agreement between the Customer and the Seller is finally concluded.
- Each Sales Agreement shall be confirmed by a proof of purchase (a VAT invoice) attached to the package.
§ 5 METHODS OF PAYMENT
- The following payment options are made available to the Customer:
- electronic payment (PayPal).
- All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks.
- The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement on the same day on which it was concluded unless indicated otherwise in the Sales Agreement.
- The Product shall be dispatched only after full payment is received by the Seller.
§ 6 DELIVERY COST, TIME AND METHOD
- Delivery charges shall be stated at the time of ordering and are dependent upon the chosen payment and delivery method.
- The delivery time depends on how long it takes the Seller to process an Order and how long it takes the carrier to deliver the Product to the Customer once it is shipped.
- The order processing time takes 1 up to 2 Working Day.
- Products are delivered within 1 to 50 Working Days (deliveries are made on Working Days, excluding Saturday, Sunday and public holidays).
- All Products are sent via Poczta Polska (Polish Postal Service) or a courier company.
§ 7 COMPLAINTS PROCEDURE
- Manufacturer’s Warranty.
- All Products sold through the Shop are covered under the manufacturer’s warranty which is applicable within the territory of the Republic of Poland.
- The warranty period for the Products sold through the Shop is 30 days and begins from the date of delivery of the Product to the Customer.
- A proof of purchase (a VAT invoice) is required to validate any warranty claims.
- The manufacturer’s warranty does not override any entitlements arising from the statutory warranty for physical or legal defects, set out in the Polish Civil Code.
- Statutory warranty process.
- The legal basis and the extent of the Seller’s liability for physical or legal defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).
- Notice of a Product defect and all statutory warranty claims should be submitted via email to the following address: firstname.lastname@example.org or in writing to the following address: Zygmunta Krasińskiego 29, 40-019 Katowice, Poland.
- All claims, submitted electronically or on paper, should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
- Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address: Zygmunta Krasińskiego 29, 40-019 Katowice, Poland.
- All Customer claims shall be reviewed promptly and, in any event, no later than within 14 days following the date of receipt.
- In the case of claims submitted by consumer Customers – the Seller’s failure to consider the Customer’s claim within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour. If a claim is decided in favour of the Customer the Seller shall bear all costs and expenses incurred in connection with the replacement of the defective Product with a new one, free from any defects.
- A response to the claim is delivered to the Customer on paper or other tangible medium.
§ 8 RIGHT TO WITHDRAW
- With the reservation of point 10 of this paragraph Consumer Customers have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written statement (e.g. by submitting the model withdrawal statement provided by the Seller). The statement can be generated with the document generator available HERE.
- In the case of withdrawal from a Seles Agreement, the agreement is considered null and void. In the case of withdrawal from the Agreement, the Customer must return the Product to the Seller or any person authorised by the Seller without delay and no later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to pick up the Product from the Customer. To comply with the time limit it is sufficient that the Product is dispatched on time.
- In case of withdrawal from a Sales Agreement the Product should be sent to the following address: ul. Zygmunta Krasińskiego 29, 40-019 Katowice, Poland.
- The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
- With the reservation of points 6 and 8 of this chapter the Seller shall reimburse to the Consumer all payments received from them, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event the Consumer will not incur any fees as a result of such reimbursement.
- The Shop shall not be required to reimburse the supplementary costs resulting from the Consumer’s choice of a type of Product delivery other than the least expensive type of standard delivery offered by the Shop.
- If the Seller does not offer to pick up the return from the Customer himself, the Seller may withhold reimbursement until he has received the Product back or until the Consumer has supplied evidence of having sent back the Product, whichever occurs first.
- The Consumer who withdraws from a Sales Agreement under point 1, must only bear the direct cost of returning the Product to the Seller.
- The “cooling-off” period expires 14 days after the day the Consumer received the Product, or after the day of concluding an agreement for the provision of services.
- The right of withdrawal in any event does not apply to Sales Agreements for the supply of:
- products made to the Consumer’s specification, i.e. non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.
- products delivered sealed, subsequently unsealed, which are not suitable for return for reasons of hygiene or health protection.
- Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.
§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider grants access to the following Electronic Services:
- concluding Product Sales Agreements
- managing online Account,
- receiving Newsletter,
- using the System of Reviews.
- These Terms and Conditions shall apply to all Electronic Services provided through www.arystea.com.
- The Service Provider reserves the right to display advertising content at www.arystea.com. Advertisements are an integral part of the online Shop front and the materials presented therein.
§ 10 CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The Electronic Services set forth under 9 point 1 of these Terms and Conditions are free of charge.
- Term of the agreement:
- Electronic Services Agreements for Account management are concluded for an indefinite period of time.
- Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
- Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
- Electronic Services Agreements enabling the User to post a Review is concluded for a definite period of time and shall terminate once a Review has been placed or if the User ceases to use the Service.
- End-user hardware, network and software requirements for the ICT system used by the Service Provider:
- a computer with an active Internet connection,
- email account,
- Internet browser,
- The User agrees to use the online Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
- The User is obliged to provide accurate and complete information to the Service Provider.
- User is prohibited from providing any unlawful or illegal content.
§ 11 COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
- Complaints about Electronic Services provided via www.arystea.com should be submitted via email to email@example.com.
- All complaints should contain sufficient detail about the matter that is at issue. Specifically, complaints should include circumstances, the nature of the complaint, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
- All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
- A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
§ 12 CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
- Terminating an Electronic Services Agreement:
- Continuing and indefinite-term Electronic Services Agreements (e.g. Account management agreement) may be terminated.
- The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: firstname.lastname@example.org.
- The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
- The notice of termination leads to a cessation of legal relations with the effect for the future.
- The Electronic Services agreement may be terminated at any time by mutual agreement of the parties.
§ 13 INTELLECTUAL PROPERTY
- The compilation of all content at arystea.com (with the reservation of § 13 point 3 as well as the elements used under a license or fair use) is the exclusive property of Aleksandra Tkocz, trading as P.P.U.H. Gama Aleksandra Tkocz, principal place of business and address for service: ul. Zygmunta Krasińskiego 29, 40-019 Katowice, Poland, NIP: 6423129974, REGON: 368648150. The User shall bear all liability for damages resulting from their use of the content of the website www.arystea.com without the consent of the Service Provider.
- Any use or reproduction of the content of the website www.arystea.com or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
- All trade names, Product names, company names or logos mentioned on www.arystea.com may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented on the arystea.com website are used for information purposes only.
§ 14 FINAL PROVISIONS
- Agreements concluded through the Shop are construed in accordance with the laws of Poland.
- Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
- Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this paragraph.
- Judicial dispute settlement procedures:
- Any disputes arising between the Service Provider and the consumer User (Customer) shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
- Any disputes arising between the Service Provider and the non-consumer User shall be settled by the court having jurisdiction over the Service Provider’s registered office.
- Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
- Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/.