Terms & Conditions of the Online Shop

 Terms & Conditions of the Online Shop

Glossary: 

1)      The Seller – Art&Luiz, ul. Podbipięty 27/51, 02-732 Warszawa, NIP: 5213352808

2)      The Customer: a natural person, who is at least 13 years of age and in case of a person under 18 years of age, the consent of the legal guardian of such person is required, unless the person has full capacity to act in law (including the Consumer as defined in the Art. 221 of the Act of 23rd April 1964 the Civil Code. Journal of Laws No. 16 item. 93, as amended), as well as a legal person or an organizational unit without legal personality, which has legal capacity under special provisions and which makes or intends to make an order or use other services of the Online Shop.

3)      The Online Shop / the Shop: the online service available at www.3gibbons.com, through which the Customer can purchase goods from the Seller.

4)      Goods: movable goods presented in the Online Shop, which may be a subject of a sale contract.

5)      The Registration Form: a service available on the website of the Online Shop, through which the Customer creates a user account by entering personal details and with the use of which he can purchase goods in the Shop.

6)      The Order Form: a service available on the website of the Online Shop, through which the Customer not having a user account can purchase goods in the Shop.

7)      The Terms and Conditions: the Online Shop Rules.

 

§ 1

 General Provisions

 

1)      The Online Shop is run by the Seller.

2)      The Rules determine the way of conclusion of sale contracts for the goods between the Seller and Customers with the use of distance communication means and the use of the Online Shop by the Customers.

3)      These Rules are Bylaws, which are mentioned in the art. 8 of the Act of 18th July, 2002 On electronic services, within the services provided by electronic means (Journal of Laws of 2002 No. 144, item. 1204, as amended.). The Terms and Conditions are directed to all Customers of the Online Shop. The Terms and Conditions are available free of charge for all Customers on the website of the Online shop. The customer is obliged to comply with all the provisions of the Terms and Conditions. Sale of goods shall be conducted according to the current version of these Terms and Conditions, i.e. the version being in force at the time of placing the order and accepted by the Customer. It is necessary to have a computer system that allows for using Internet resources, e-mail and a browser in order to use the services available in the Online Shop. It is recommended to use one of the following browsers, with the option "cookies" on (supporting cookies):

a)       Internet Explorer 5.0 or higher;

b)      Netscape 7.0 or higher;

c)       Mozilla 1.3 or higher,

d)      Google Chrome 34.xx or higher,

e)       Safari 5.x or higher,

f)       Opera 5.x or higher.

3)      All information contained on the website of the Online Shop, relating to the Goods (including prices) does not constitute an offer as defined in the Art. 66 of the Civil Code but is an invitation to conclude a contract, as determined in the Art. 71 of the Civil Code.

4)      The price information given on the website of the Online Shop is binding from the moment of the receipt of the e-mail message mentioned in the § 3. point 5 of the Terms and Conditions. After successful submission of an order (after receipt of the e-mail message mentioned in § 3 of the Terms and Conditions by the Customer) the price shall not be changed regardless of the price changes in the Online Shop, which may occur in relation to the goods being offered. 

5)      Photos of Goods are put for example on the Website of the Online Shop and are supposed to present the models shown in them. The color of Goods may slightly vary from the shade presented in the pictures.

6)      Customers can purchase goods in the Online Shop regardless of whether they have registered by filling the Registration Form in and created their profile or not.

7)      It is a prerequisite to place an order effectively that accurate and true address data indicated in the Order Form or the Registration Form as well as a phone number or an e-mail, under which the Customer can be contacted by the Seller, shall be provided by the Customer.

 

§ 2

 The scope, terms and conditions of the use of services of the Online Shop

 

1)      The Customer shall get acquainted with the Terms and Conditions and accept them in order to use services of the Online Shop. By placing an order the Customer accepts the Terms and Conditions.

2)      The data given in the Registration Form and Order Form shall be factual and current. In case of entering incorrect or outdated data, in particular incorrect personal data of the Customer, the Seller shall not be obliged to execute orders. It is prohibited to transfer or make available illegal content or infringe the rights of third parties by the Customer.

3)      The Seller shall take all necessary technical and organizational measures to prevent obtaining and modification of the data provided by the Customer during registration and while ordering by unauthorized persons.

4)      The customer is obliged in particular to:

a)       use the services offered by the Seller in the way, which does not cause disruptions to the work of the Online Shop, in particular by using specific software or equipment;

b)      not taking actions aimed at obtaining classified information, in particular being a trade secret of the Seller;

c)       use the services offered by the Seller in accordance with the provisions in force in the Republic of Poland, provisions of the Terms and Conditions as well as with adopted practices in this field;

d)      use the services offered by the Seller without major inconvenience to other customers and the Seller, with respect to their personal rights (including the right to privacy) and others of their rights,

e)       use any content posted on the Website of the Online Shop only for personal needs. 

f)       The Seller may deprive the customer of the right to use services of the Online Shop in the case of providing false data in the Registration Form or Order Form or in case of breach of the obligations referred to in § 2 point 4. The Customer, who was deprived of the right to use services of the Online Shop, is not allowed to register again without a prior written consent of the Seller.

g)       It is possible to place an order effectively, if the product selected by the Customer is available in the Online Shop of the Seller. The Information about availability of the product is shown in its description.

 

§ 3

 Ordering

 

1)      Orders for products available in the Online Shop are submitted via the Order Form, which is available on the Website of the Online Shop.

2)      It is possible to place an order via the Order Form 24 hours a day and seven days a week. The orders placed on weekdays will be executed on an ongoing basis. The orders placed on Friday, Saturday, Sunday and public holidays will be executed not earlier than on the next working day.

3)      If the Customer is registered in the Online Shop, an order should be placed by logging in on the Website of the Online Shop, adding the products to the cart, accepting the Terms and Conditions and confirming the order. If the Customer is not registered in the Online Shop, the prerequisite to place an order is to add the product to the cart, to provide all required data necessary for the delivery of the product in the Order Form, accept the Terms and Conditions and take other technical actions on the basis of the information displayed.

4)      Submission of the Order by the Customer (approval by clicking on "Order") is an offer of entering into a contract of sale for the Seller in accordance with the contents of the Terms and Conditions.   

5)      After sending the order, the customer receives the confirmation of acceptance of the offer by electronic means ("Confirmation of acceptance of the order on Gibbons") at the e-mail address indicated by him. Upon receipt of the confirmation mentioned above, the contract of sale of the goods ordered by the Customer is concluded. 

 

§ 4

 Payments. Prices.

 

1)      All prices of goods posted on the website of the Online Shop: 

a)       are given in Polish Zloty, Euros, U.S. dollars and pounds sterling (currencies other than PLN are converted according to the daily exchange rate of the Polish National Bank); 

b)      they include VAT,

c)       beside the price of the product, the information on delivery costs is posted.

2)      The price given at every product is binding upon receipt of the confirmation of the order.

3)      The customer has the right to choose the method of payment for the ordered goods:

a)       In cash, to a person acting on behalf of the company, which has been entrusted with the delivery of the ordered product/s (cash on delivery);

b)      Przelewy24,

c)       PayPal,

d)      bank transfer before delivery (payment). If case of an advance payment by bank transfer, the lack of the receipt of the payment to the Seller's bank account within 3 working days from the receipt of the confirmation of the order shall cancel the order. The payments by bank transfers will be made to the bank account of the Seller:  56 1140 2004 0000 3202 7003 3968, SWIFT: BREXPLPWMBK

 

The bank account owner: Art&Luiz

Account number: 56 1140 2004 0000 3202 7003 3968,

SWIFT: BREXPLPWMBK

 

4)      The Seller reserves the right to change prices of goods, to conduct promotional actions, to cancel and to change them. The reservation mentioned above does not affect prices of goods in the orders made before the change of the price, promotion or sale. 

5)      The promotions in the Online Shop cannot be combined, unless it is stated otherwise in the provided terms and conditions.

 

§ 5

 Execution of orders.

 

1)      Upon receipt of the confirmation of the acceptance of the offer by the customer, the process of its execution is started by the Seller.

2)      The approximate delivery time is from 1 to 5 working days and depends among other things on:

a)       the payment method selected by the Customer – if you select an advance payment, the execution of the order starts after crediting the bank account of the Seller with the payment for the goods ordered. If you select the option "Cash on Delivery"(COD) or Przelewy24, PayPal and you successfully complete the payment process, the execution of the order will start immediately.

b)      Availability of goods.

3)      The delivery time specified in § 5 point may be exceeded for reasons beyond the control of the Seller, among others for reasons of force majeure.

4)      The cost of delivery of the product shall be covered by the customer and shall be added to the price for the selected products. This cost is shown to the Customer before submitting the order. The delivery cost may depend on the method of delivery selected by the Customer (e.g. courier, package machine, Polish Post) and on the method of payment (e.g. COD, advance payment, Przelwy24, PayPal).

5)      Products are delivered to the indicated address in Poland. The estimated time of delivery of the Goods by the carrier is a maximum of 2 working days from the day following the date of shipment. This delivery time can be changed due to circumstances being on the side of the carrier, for which the Seller shall not be liable.

6)      Products are delivered to the indicated address in the EU. The delivery time for orders sent abroad is up to 7 working days. This delivery time can be changed due to circumstances being on the side of the carrier, for which the Seller shall not be liable.

7)      The customer is obliged to check the condition of the delivery, while receiving it. In case of any damage to the product or to the package, it is recommended to complete a report on damages, which along with the possible complaint can be sent to the Seller.

8)      The maximum time of execution of an order for a Customer being a consumer at the same time is 30 days. In the case of placing an order by a customer not being a consumer, the execution time of an order is up to 60 days. After the expiry of the time periods mentioned above, the Customer is entitled to cancel the order by sending a statement via e-mail to the Seller at the following address: contact@3gibbons.com.

9)      If the Seller is not able to execute the order, because the product is not available, he shall notify the Customer about the fact at the latest within 30 days after conclusion of the contract. If the customer cancels his order, which has already been paid, the Seller shall pay him back the whole amount received not later than within 7 days after being notified.

10)  Orders are executed in the order of their receipt until stocks are exhausted.

11)  A purchase evidence is attached to every parcel (invoice or receipt). If the Customer is a VAT payer and wants to receive a VAT invoice, he should fill in the appropriate fields in the Order Form or send the information about it, for example via e-mail immediately after the purchase and provide the necessary data. In this case the receipt received has to be returned.

 

§ 6

The right to cancel the contract

 

1)      Under the Act of 2nd March, 2000 On protection of consumer rights and liability for damage caused by dangerous products (i.e. Journal of Laws 2012, item 1225, as amended), a Customer being a consumer has the right to withdraw from the contract of sale concluded at a distance within ten days after receipt of the product ordered. The right indicated at this point applies only to consumer sales, therefore it can be applied only to contracts of sale concluded with a customer at a distance according to the provisions of the Civil Code. It is enough to send a declaration on withdrawal from the contract in order to meet the deadline.

2)      This right may be exercised by the Customer by sending a written notice of withdrawal from the contract of sale or by sending the Withdrawal Form attached as Appendix 1 to these Terms and Conditions filled in by the Customer to the email address: contact@3gibbons.com, or by post to the following address: Art&Luiz, ul. Podbipięty 27/51, 02-732 Warszawa.  

3)      The period of time of 10 days mentioned above is counted from the date of delivery of the goods to the Customer. The date of delivery of goods to the Customer means the date of delivery by a carrier, the date of receipt of goods at a post office or from a postman or the date of collecting goods from a parcel machine.

4)      In case of withdrawal from the contract of sales concluded at a distance, the contract is considered not concluded and the customer is exempt from any obligations. The parties of the contract are obliged to give back everything that they obtained from the other party in unchanged condition, unless a change was necessary to the extent allowed by law (i.e. in the condition before conclusion of the contract, the goods cannot have traces of use, they cannot be damaged or destroyed). If the consumer makes any advance payment, he shall have the right to demand statutory interest from the date of the advance payment.

5)      The return of mutual benefits should be carried out immediately and no later than within fourteen (14) days. 

6)      The products returned by the Customer shall be packaged in an appropriate way so as that they are protected against damage during transportation; as far as possible they should be packed in their original packaging. The goods should be returned along with accessories and documents issued at the sale (e.g. labels, manual, hanger, stickers) and as far as possible with the bill of sale (receipt or invoice) to the address: Art&Luiz, ul. Podbipięty 27/51, 02-732 Warszawa.

7)      The costs of packing and returning the Goods due to withdrawal from the contract of sale shall be covered by the Customer.

8)      These Terms and Conditions constitute a written confirmation referred to in the Art. 9 paragraph. 3 of the Act of 2nd March, 2000 On protection of certain consumer rights and liability for damage caused by dangerous products.

9)      In case of withdrawal from a contract by a customer being a consumer, the Seller will confirm the fact of returning benefits in writing or by email.

10)  A Customer being simultaneously a consumer declares that he has been informed about the right to withdraw from the contract of sale of goods and that he has received a template of the withdrawal from the Seller.

 

§ 7

 Non-conformity of goods with the contract. Complaints.

 

1)      The Seller shall be liable towards the Customer, who is a consumer, for non-conformity of goods purchased by the Customer with the contract of sales to the extent prescribed by the Act of 27th July, 2002 On special conditions of consumer sale and by the amendment of the Civil Code (Journal of Laws No. 141, item. 1176 as amended.).

2)      It is in order to avoid any doubt that it is concluded that none of the provisions of these Terms and Conditions shall limit the Consumer rights pursuant to the provisions being in force in the Republic of Poland. If such a provision is found in these Terms and Conditions, the provisions being in force in the Republic of Poland are applicable; in particular the Civil Code, the Act of 2nd March, 2000 On protection of consumer rights and liability for damage caused by dangerous products (Journal of Laws 2000 No. 22, item 271 as amended) and the Act of 27th July, 2002 On specific conditions of consumer sales and amendments of the Civil Code (Journal of Laws No. 141, item. 1176, as amended).

3)      In case of finding non-conformity of goods with the contract, the Customer has the right to lodge a complaint. The complaint shall be filed within two months from the date, on which the customer learned about the non-conformity of the goods with the contract of sale but not later than within two years from the date of delivery of the goods.

4)      The customer shall lose the rights mentioned at the point 3), if he does not notify the Seller about finding the non-conformity of goods before the expiry of two months from the moment of the observation. It is enough to send a notification in order to meet the deadline mentioned above.

5)      A reason for a complaint can be in particular: provision of other goods than the ones ordered, incorrect completion of the order, or provision of incorrect number of goods.

6)      In case of customized consumer goods, it is assumed that they are in conformity with the contract, if they correspond to the description given by the Customer or have characteristics of the samples provided by the Customer as well as if they are suitable for purposes specified by the Customer at the conclusion of the contract of the sale, unless the Seller has reported objections to such use of the goods.

7)       In cases not covered by the point 5), it is assumed that consumer goods are in conformity with the contract, if they are suitable for the purposes, for which such type of products is typically used and if their properties correspond with the properties characterizing the goods of such type. The same assumption shall be made, when the product meets the requirements for the products of such type, which are based on the information published by the Seller, the manufacturer or his representative; in particular, the information included on the labels and in advertising, which refers to the properties of the product and the period of time within which the product is supposed to keep them, is taken into account.

8)      The Seller is not responsible for non-conformity of consumer goods with the contract, if the customer knew about the non-conformity or could have known about it while concluding and assessing reasonably the contract. The same applies to the non-conformity, which results from causes related to the material supplied by the Customer.

9)      If the consumer product is not in conformity with the contract, the Customer may request to bring it into conformity with the contract for free by repairing it or exchanging it for a new one, unless the repair or exchange are impossible or require excessive costs. When assessing the excessiveness of costs, the value of the product as well as the nature and the degree of the non-conformity are taken into account; also other disadvantages that could arise from other way of satisfying the needs of the Customer are taken into account.

10)  The 'free repair or replacement" of the product as defined in the point 9) means that the Seller is also obliged to reimburse the customer for the costs covered by him, in particular the costs of dismantling, delivering, of labor, materials, re-installing and starting.

11)  If the customer for the reasons referred to in the point 9), may not require the repair or replacement, or if the Seller is not able to satisfy such a request within a reasonable period of time, or if the repair or replacement would cause significant inconvenience to the customer, he has the right to demand an appropriate reduction of the price or withdraw from the contract. The customer may not withdraw from the contract, if the non-conformity with the contract is irrelevant. While determining the appropriate time to repair or exchange the goods, the type of the goods and the purpose of their purchase are taken into account.

12)  In case of exercising the right to make a complaint, the Customer may fill in the Complaint Form or file the complaint in a different form as provided by law and send it together with the defective product and with the bill of sale if it is possible (receipt or invoice VAT) to the address: Art&Luiz, ul. Podbipięty 27/51, 02-732 Warszawa. It is in the Complaint Form that the Customer indicates, among others, his expectations as for further complaint procedure (pursuant to the Art. 8 of the Law On specific conditions of consumer sale and amendments of the Civil Code and § 7 point 9 of the Terms and Conditions. 

13)  The Seller reserves the right to 14 days' period of time from the receipt of the product from the Customer for processing the complaint. If the Seller, who received the request referred to in the point 9 from the Customer, did not respond to this request within 14 days, it shall be deemed that the request is considered to be justified.

14)  The delivery cost of the defective product to the Seller shall be covered by the Customer. The Online Shop does not accept any COD shipment. If the complaint is considered to be justified, the Seller shall reimburse the Customer for the delivery cost.

15)  The Seller is responsible for the non-conformity of the consumer product with the contract, if it is found before the expiry of two years from the delivery date of the product. This period runs anew in the case of replacement of the product.

16)  The Claims of the Customer as referred to in the point 9) expire after one year from the date of finding the non-conformity of the consumer product with the contract by the customer.

17)  In case of a sale being a non-consumer sale, the provisions contained in the Articles 556-576 of the Civil Code are not in force.

 

§ 8

 Personal Data

 

1)      Entering of the Customer's Personal Data in the Registration Form or in the Order Form by the Customer Passing is voluntary, however, it is not possible to purchase in the Online Shop without providing the Personal Data (it applies to the data marked as mandatory).

2)      It is providing this data that is tantamount to the consent to processing the Personal Data of the Customer by the Seller in order to execute the contract of sales as well as for statistical, marketing and promotional purposes. The Administrator of the Database of the Personal Data of the Online Shop is the Seller. The Personal Data can be entrusted for processing to the entities dealing with transport of goods, with the reservation that the scope of the entrusted data cannot exceed the data necessary for the delivery of the goods to the Customer. Each Customer registered in the Online Shop has the right to access the data provided by him and being his personal data as defined in the Act of 29th August, 1997 On protection of personal data (i.e. Journal of Laws 2012 No. 101 item 926, as amended) and to correct them as well as he has the right to control processing of the personal data provided by him under the provisions of the Act mentioned above: in particular, he has the right to request to stop processing the personal data provided by him due to its particular situation as well as the right to object to the processing of the personal data in the cases specified in this Act.

3)      The customer may agree for receiving commercial information provided by the Seller to the e-mail address or phone number given by the Customer. Such consent shall also include using automated calling systems for direct marketing purposes in accordance with the Art. 172. section 1 of the Act of 16th July, 2004 Telecommunications Law (Journal of Laws No.171 item. 1800, as amended).

 

§ 9

 Final Provisions

 

1)      The recognition of individual provisions of these Terms and Conditions in the manner provided by law as invalid or unenforceable shall not affect the validity or enforceability of the remaining provisions hereof. In the place of the invalid provision, the rule shall be applied, which is the closest one to the objectives of the invalid provision and the whole of these Terms and Conditions.

2)      The Seller reserves the right to change these Terms and Conditions at any time. The amendments to the Terms and Conditions shall be applied to the customer from the moment of their acceptance. The amendments to the Terms and Conditions shall not be applied to the orders placed before such amendments; in such case, the order is executed under the provisions of the Terms and Conditions in force at the time of placing the order by the Customer.

3)      The current Terms and Conditions are published on the Website of the Online Shop and can be made available at request of a Customer in such a way that allows its downloading, reading and saving using a computerized system, which is used by the customer i.e. in PDF format.

4)      The Seller is not responsible for blocking e-mail boxes by administrators of e-mail services that provide the Customer with their services as well as for removing and blocking e-mail messages sent to the e-mail address of the Customer provided by the customer. 

5)      The Seller is not responsible for transactions executed by unauthorized third parties that may have access to the Customer's account in the Online Shop as a result of the loss or disclosure of the login or the password by the Customer.

6)      The Terms and Conditions come into force on 1st June 2014.

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