REGULATIONS AND THE GENERAL TERMS OF SALE
available at www.radziewicz-art.com
AND GENERAL TERMS OF SALE
1. Definitions
1.1. Seller - Tomasz Radziewicz, conducting business activity under the name "Tomasz Radziewicz ART", ul. Jana Kochanowskiego 130 lok. J, 80 - 405 Gdańsk, entered in the Central Register and Information on Economic Activity, REGON 221718924, NIP 7431340135, bank account number: 74114020040000370279565492, telephone +48607847998, email address tom@radziewicz-art.com.
1.2. Online Store - the online store run by the Seller at www.radziewicz-art.com, through which the Buyer may buy Products from the Seller, including placing an order for Products, in addition through which he may use the services provided by the Seller electronically.
1.3. Buyer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, the provisions of which grant legal personality, who, on the terms set out in these Regulations, places an order in the Online Store or uses other services provided by the Online Store.
1.4. Product - a sculptural work (bust, sculpture, etc.) by Tomasz Radziewicz, subject to copyright protection, presented in the Online Store, which the Buyer can order and purchase a copy of it, through this Online Store. Information about the Product, including the specification of the Product (its dimensions, weight, material), is available on the Online Store website after entering the details of the given Product. Whenever the term Products is used in these Regulations, it should also be understood as singular Product.
1.5. Bag - a tool used to prepare a list of Products that the Buyer intends to buy in the Online Store. Adding Products to the Basket is done by clicking the box with the "basket" icon with the words "Add to Bag" or the "basket" icon itself.
1.6. Form - a form by which the Buyer can place an order in the Online Store after providing the necessary data for its implementation.
1.7. Terms and Conditions – Terms and Conditions of the Online Store available at www.radziewicz-art.com and the general conditions of sale, which also includes the regulations for the provision of electronic services, referred to in art. 8 clause 1 point 1 of the Act of 18 July 2002 on the provision of electronic services (i.e., Journal of Laws of 2020, item 344).
2. General Provisions
2.1. These regulations specify the type, scope and terms of providing services by electronic means, the conditions for concluding contracts for the sale of Products via the Online Store, the rules for placing orders for Products available in the Online Store, the conditions for the delivery of ordered Products by the Buyer, the rules for paying the price for the ordered Products and shipping costs, complaint procedure, in addition, the Buyer's rights and obligations, including the right to withdraw from the contract.
2.2. The Online Store is run by Tomasz Radziewicz, who conducting business activity under the name "Tomasz Radziewicz ART", ul. Jana Kochanowskiego 130 lok. J, 80 - 405 Gdańsk, entered in the Central Register and Information on Economic Activity, REGON 221718924, NIP 7431340135.
2.3. The Buyer may contact the Seller from Monday to Friday between 8 a.m. - 3 p.m., by phone at +48607847998 (cost of call consistent with the operator's tariff), via e-mail: tom@radziewicz-art.com or by post to the address "Tomasz Radziewicz ART", ul. Jana Kochanowskiego 130 lok. J, 80 - 405 Gdansk.
2.4. All information on products, including their prices, contained on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 Civil Code and do not constitute an offer within the meaning of art. 66 of the Act of April 23, 1964 Civil Code.
2.5. The Website contains photos of Products for the presentation of specific models. The product delivered to the Buyer may differ slightly from that presented on the Online Store website, including dimensions, weight, gloss, colour, shade of the base, bearing in mind that this is an original sculptural work made personally by Tomasz Radziewicz, in addition that it results is due to the specifics of the workmanship - it is a manual workmanship.
2.6. Some sculptural works by Tomasz Radziewicz (some Products) are inspired, protected by copyright. All similarities with the work of other artists are accidental.
2.7. A condition of using the Online Store services, including placing orders, is to read the Terms and Conditions and accept its content. The Buyer confirms the fact of accepting the Terms and Conditions after having read its content by checking the box " I have read and accept the Store Regulations and the General Terms of Sale and Privacy Policy and Cookies " before ordering.
3. Orders
3.1. The Buyer has the option of purchasing the previously selected Product by adding it to the Cart and then placing an order in accordance with the provisions of the Regulations and the General Terms of Sale.
3.2. In the case of unavailable Products, it is not possible to add them to the Cart, it is only possible to become familiar with the details of these Products. Having a product status not available means, among others that the Seller intends to replenish this Product's stock or start selling this Product in the near future. The website also presents other works made by Tomasz Radziewicz that are not for sale, they are intended to show the skills of the Seller. These works also have the status "unavailable", moreover, they have no price.
3.3. The Buyer can effectively place an order in the Online Store only for Products available.
3.4. After the Buyer has selected and added to the Bag all Products that he intends to purchase from the Seller, the Bag will display information about the total costs of the order (prices of individual Products, total value of Products).
3.5. The Buyer has the option of placing an order in the Online Store using the Form after providing the following data: name and surname or company name, address data, including the country of delivery, contact details (e-mail address, telephone number), truthful and current. Providing the data referred to in the first sentence, and the Buyer's consent to the processing of this data by the Seller by checking the boxes: " I agree to the use and processing of my personal data for the purpose of the contract in accordance with the provisions of the GDPR Regulation on the protection of personal data and the Privacy and Cookies Policy." and " I declare that I have been informed about my right to access my personal data and correct them and request removal, as well as the right to withdraw my consent at any time." conditions successful placing of an order in the Online Store. To place an effective order, it is also necessary for the Buyer:
1) choose the payment method from among the forms offered by the Seller,
2) taking other actions required by messages or information displayed on the Online Store website.
Placing an order in the Online Store using the Form does not involve the creation of a user account. An order is placed when the 'Order and pay now' field is clicked on the 'Summary' subpage, in which the tab displays information on the total cost of the order (prices of individual Products, total value of Products, possible shipping costs, amounts to be paid). Clicking this field means that the Buyer confirms that he is aware that the order entails an obligation to pay.
3.6. Placing an order by the Buyer in the manner referred to in point 3.5 above is his offer submitted to the Seller in order to conclude a sales contract in accordance with the Regulations and the General Terms of Sale. After receiving and paying for the order, the Seller will confirm the acceptance of the offer electronically by sending an e-mail to the Buyer's address indicated in the Form, in which the order status will be defined as "in progress" or "in the process of being shipped". If the status of the order contains information that the Seller is awaiting payment, it should be considered that the Seller has not yet accepted the Buyer's offer. Only after the Seller confirms the offer (after prior payment of the order by the Buyer), the sale contract is concluded. Acceptance of the offer is considered as confirmation by the Seller of the acceptance of the order placed by the Buyer for fulfilment.
3.7. The Seller allows placing orders in the Online Store around the clock, seven days a week, excluding technical breaks
3.8. The Seller carries out confirmed orders only on business days, excluding public holidays as defined in the Act of 18 January 1951 on non-working days (i.e., Journal of Laws of 2015, item 90), between 8 a.m. - 3 p.m. The delivery time of an effectively placed order by the Buyer is 10 business days from the date of payment from the Buyer, unless the Product completion time is specified otherwise on the Online Store website. The time needed to deliver the Product is not included in the delivery time. The delivery time may be exceeded only for reasons beyond the Seller's control, of which the Seller will immediately inform the Buyer by sending an e-mail to the address indicated by the Buyer in the Form. The maximum duration of the order is 50 working days, after this deadline the Buyer has the right to cancel the order by sending the Seller a declaration of cancellation of the order by e-mail to the e-mail address tom@radziewicz-art.com. The Seller informs that all orders placed in the Online Store are carried out by him in the order of their receipt.
3.9. The Seller will confirm acceptance of the order by sending an e-mail to the address indicated on the Form containing the details and content of the order, in particular:
1) order number,
2) order status,
3) information about the Products ordered, including their quantity,
4) the price of individual Products ordered by the Buyer,
5) the total price of the Products ordered,
6) the method of delivery of the Products, possibly also delivery costs, unless they are included in the price,
7) payment method for ordered Products chosen by the Buyer,
8) approximate delivery time,
9) Buyer's details,
10) additional information indicated by the Buyer in the Form,
11) The Regulations and the General Terms of Sale,
12) Template Of Statement On Withdrawal From The Contract.
3.10. The Seller will provide the Buyer with the ordered Products along with the proof of purchase of the Product (receipt or invoice), instructions on the right to withdraw from the contract and a model statement of withdrawal from the contract to the address indicated by the Buyer in the Form. If the Buyer wants to receive a VAT invoice, when placing an order he should check the box "I need a VAT invoice" and provide the necessary data for issuing a VAT invoice. The Seller undertakes to package the ordered Products in a manner corresponding to their properties. The transfer of ownership of the Product does not transfer property rights and does not imply granting a license in the manner referred to in art. 65 of the Act of February 4, 1994 on Copyright and Related Rights (i.e., Journal of Laws of 2019, item 1231, as amended).
3.11. The Product delivered to the Buyer by the Seller is not subject to replacement. This does not prejudice the possibility for the Buyer to exercise the right to withdraw from the contract and place a new order on the terms set out in the Regulations and the General Terms of Sale.
3.12. The Buyer has the right to cancel the order before receiving confirmation from the Seller that the order will be processed. This right should be exercised by sending the Seller a declaration of cancellation of the order by electronic means to the email address tom@radziewicz-art.com.
4. Warranty for physical defects
4.1. The Seller is liable to the Buyer for physical and legal defects of the Product in accordance with the provisions of the Act of 23 April 1964 Civil Code and other provisions of generally applicable law. The Seller is obliged to provide the Product without defects if the Buyer places an effective order.
4.2. If the sold Product has a defect, the Buyer may:
1) submit a statement on price reduction or submit a statement of withdrawal from the contract, unless the Seller replaces the defective Product with a defect-free one or removes the defect immediately, without undue inconvenience, the Buyer may not withdraw from the contract if the defect is irrelevant,
2) demand replacement of the item with one free of defects, or
3) demand removal the defect.
Instead of removal of the defect proposed by the Seller, the Buyer may request replacement of the Product for one free of defects or instead of replacing the Product, demand the removal of the defect, unless bringing the Product into compliance with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the methods proposed by the Seller.
4.3. Replacement of a defective Product with a product defect-free or removal of a defect takes place within a reasonable time without undue inconvenience to the Buyer.
4.4. The Seller may refuse to satisfy the Buyer's request if bringing the defective Product into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the second possible method of bringing it into conformity with the contract.
4.5. The Buyer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver the defective item to the address: "Tomasz Radziewicz ART", ul. Jana Kochanowskiego 130 lok. J, 80 - 405 Gdańsk, with the reservation that this cost will not exceed the price of the Product sold. In such a situation, the Buyer is obliged to pack the Products in a manner corresponding to its properties.
5. Delivery and payment
5.1. In the Online Store, the prices of Products presented are gross prices, including tax on goods and services. Product prices include delivery costs, unless otherwise stated in the information on the Online Store website. For some Products, the price may not include delivery costs, but in such a situation it will be clearly stated on the Online Store website.
5.2. In the Online Store, the prices of Products presented have been expressed in EURO. The Seller accepts payment for Products only in EURO.
5.3. The Product Price given on the Online Store website binds the Seller and the Buyer from the moment the Seller confirms acceptance of the order for processing. If the Buyer successfully places an order, the Product price may not change, even if the price of this Product has changed on the Online Store website after the Buyer has successfully placed the order.
5.4. The Buyer may choose the following payment methods for the Products ordered:
1) payment by credit card,
2) online payment (via PayPal),
3) payment by traditional transfer.
5.5. If the Buyer chooses a payment method in the form of a traditional transfer, the Buyer should make the payment to the Seller's bank account 74114020040000370279565492, providing in the title of the transfer first and last name and the order number.
5.6. If the Buyer chooses a payment method in the form of a traditional transfer, failure to make the payment within 5 days from the date of placing the order is tantamount to cancelling the order. The cancellation of the order will be confirmed by the Seller by sending an appropriate email to the address provided by the Buyer in the Form. The date of making the payment shall be the date on which the Seller's bank account is credited.
5.7. If the Buyer chooses a payment method in the form of credit card payment or online payment, failure to make the payment within 5 days, shall be tantamount to cancelling the order. The cancellation of the order will be confirmed by the Seller by sending an appropriate e-mail to the address provided by the Buyer in the Form.
5.8. The seller delivers products via courier or other carrier. If the cost of delivery is included in the price, the seller chooses the courier or carrier. If the cost of delivery is not included in the price, the Buyer has the right to choose a courier or carrier from among the couriers and carriers offered by the Seller.
5.9. The buyer is obliged to check the status of the parcel at the time of delivery by courier or other carrier. In the event of any damage to the parcel, the Buyer is obliged to take all steps necessary to determine the carrier's liability, in addition, he should immediately report this fact to the carrier, draw up a protocol with him, and immediately inform the Seller about this by sending an e-mail to tom@adziewicz -art.com.
6. Complaints
6.1. Complaints may be submitted in writing or by e-mail.
a) The right to a complaint in writing is realized by sending the Product and proof of purchase together with a letter stating the reason for the complaint to the address: "Tomasz Radziewicz ART", ul. Jana Kochanowskiego 130 lok. J, 80 - 405 Gdańsk, after contacting the Seller to confirm the need to send this Product.
b) Complaints in the form of an e-mail are made by sending to the e-mail address of the Seller: tom@radziewicz-art.com a message containing the reasons for the complaint, and then sending the complained Product with proof of purchase to the address indicated above after contacting the Seller to confirm the need to send this Product.
6.2. The Seller shall respond to the Complaint submitted by the Buyer within fourteen days of its receipt in writing or by e-mail. If the Seller does not respond to the Complaint within the aforementioned period, it is considered that the Seller has accepted the Complaint. The Seller shall respond to the Complaint using the same communication channel through which it was submitted, with the provision that he can always reply by sending a message e-mail or telephone by sending an SMS, at the Seller's choice.
6.3. In the event of a dispute, in addition to the possibility of exercising legal rights, there is the possibility of using out-of-court complaint and redress methods. The use of available extrajudicial methods of dealing with complaints and redress is possible after the end of the complaint procedure, in addition, it is voluntary for both Parties. The Seller informs that it does not use amicable dispute resolution methods, of which it will inform the Buyer in the event of a negative consideration of the Complaint.
6.4. Detailed information on out-of-court complaint consideration and redress options are available, among others at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, voivodeship inspectorates of the Trade Inspection (including the website of the Voivodship Inspectorate of Trade Inspection in Gdańsk http://ihgd.pl/?page_id = 40). Information on out-of-court dispute resolution - in short ADR (Alternative Dispute Resolution) can be found on the website https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
6.5. The Seller informs that there is a platform for the online system of consumer dispute resolution (ODR platform) available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
6.6. The e-mail address of the Seller, as the first contact point, is tom@radziewicz-art.com.
7. The Right of Withdrawal
7.1. The Buyer who has placed an effective order (concluded a distance contract) within 14 days of taking possession of the Product (or taking possession of the Product by a third party indicated by the Buyer at the time of placing the order) may withdraw from the contract without giving any reason and without incurring costs, subject to the points below. To meet the fourteen-day deadline, it is sufficient to send the statement referred to in point 7.2 before its expiry.
7.2. The Buyer may exercise the right of withdrawal referred to in item 7.1 by submitting a declaration of withdrawal to the Seller. A template of statement will be provided with the email that the buyer receives after successfully placing the order. It is allowed to submit a declaration of withdrawal from the contract in writing by sending it to the following address: "Tomasz Radziewicz ART", ul. Jana Kochanowskiego 130 lok. J, 80 - 405 Gdańsk, or by electronic means to the email address tom@radziewicz-art.com. If the Buyer submits a declaration of withdrawal from the contract by electronic means, the Seller shall immediately send the Buyer by the same means a confirmation of receipt of the statement of withdrawal from the contract.
7.3. In the event of the Buyer's exercising the right to withdraw from a distance contract, the contract is considered null and void. If the Buyer exercises the right to withdraw from the contract before the Seller confirms acceptance of the offer electronically, the offer ceases to be binding.
7.4. The Seller shall immediately return to the Buyer, not later than within 14 days from the date of receipt of the statement of withdrawal from him, all payments made by him, including the costs of delivery of the Product, if they were incurred by the Buyer. The Seller shall refund the payment using the same method of payment that the Buyer used, unless the Buyer expressly agreed to a different method of return that does not entail any costs for him. The Seller withholds the reimbursement of payments received from the Buyer until the Product is received back or the Buyer provides proof of sending it back, whichever occurs first. If the Buyer has chosen a method of delivery of the Product other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer. In a situation where the Buyer has chosen a method of delivery of the Product other than the cheapest, the Seller is not obliged to refund to the Buyer the additional costs incurred by him, which is the difference between the cheapest method of shipment and the actual cost incurred by the Buyer.
7.5. The Buyer is obliged to return the Product of the Seller to the address "Tomasz Radziewicz ART", ul. Jana Kochanowskiego 130 lok. J, 80 - 405 Gdańsk, Poland, but no later than 14 days from the day on which he withdrawn from the contract, unless the Seller offers to collect the product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The direct cost of returning the Product shall be borne by the Buyer. The buyer undertakes to pack the returned Product in a manner that matches its properties. Due to the size and weight of the Product, returning the Product may result in higher costs than with ordinary postal items, including costs associated with the need to put some Products on the pallet.
7.6. The Buyer is responsible for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7.7. The right to withdraw from a distance contract is not entitled to the Buyer in relation to a contract in which the subject of the service is a non-prefabricated item, manufactured according to the Buyer's specification or serving to satisfy his individual needs.
8. Personal Data Protection
8.1. The Buyer's personal data will be processed in accordance with the Privacy Policy available on the Online Store's website in the tab "Privacy and cookies policy".
8.2. The administrator of the Buyer's personal data is Tomasz Radziewicz, who conducts business activity under the name "Tomasz Radziewicz ART", ul. Jana Kochanowskiego 130 lok. J, 80 - 405 Gdańsk, entered in the Central Register and Information on Economic Activity, REGON 221718924, NIP 7431340135.
8.3. The Buyer's personal data will be processed for the purpose of completing the order placed in the Online Store, including for the issue of proof of sale and its delivery, consideration of the Buyer's claims regarding complaints / guarantees / warranty / withdrawal from the contract, possible defense against these claims, pursuing the Seller's claims with the implementation of the order placed in the Online Store, in addition for the purposes of fulfilling the obligations by the Seller under generally applicable law, including tax law, i.e. pursuant to art. 6 clause 1 lit. b, c and f of the Regulation, in addition, if the Buyer agrees to the Seller sending information about the Online Store to the e-mail address provided by the Buyer in the Form, his personal data will be processed for marketing purposes, pursuant to art. 6 clause 1 lit. a and f of Regulation. The administrator also processes personal data for statistical purposes pursuant to art. 6 clause 1 lit. f of the Regulation, in accordance with the Privacy and Cookies Policy.
8.4. Providing personal data by the Buyer is voluntary, however it is a prerequisite for placing an order in the Online Store (using the services of the Online Store).
8.5. The Buyer's consent to the Seller sending free information about the Online Store (including information about Products, new Products, discounts) in the form of a newsletter to the e-mail address provided by the Buyer in the Form is voluntary, it is not a necessary condition to submit orders in the Online Store (using the Online Store services). The Buyer may at any time, without giving a reason and without incurring any costs, change the previously indicated e-mail address to which information about the Online Store is sent, or opt out of further sending the information about the Online Store by the Seller by sending such a request to the e-mail address: tom@radziewicz-art.com. In order to receive the newsletter, it is necessary to confirm the subscription by clicking the link (activation link) found in the e-mail confirming that the Buyer has agreed to the Seller sending him free information about the Online Store (including information on Products, new Products, discounts) in the form of a newsletter.
8.6. The Seller may disclose personal data to entities supporting him in conducting business and providing services in the Online Store (suppliers and subcontractors), i.e.: tax consultants, external legal offices, accounting offices / HR /, entities providing technical / IT support / analytical providers of services related to the functioning of the Online Store, entities providing financial services (including banks), postal operators / carriers / couriers - as persons authorized to process personal data under the entrustment agreement concluded with the Seller. The Seller may also transfer personal data to public authorities fighting fraud and abuse, as well as for another purpose resulting from generally applicable provisions of law, and to other Entities, if it is required by applicable law and / or necessary in order to perform the obligations imposed on the Seller arising from legal regulations. The seller does not transfer personal data to third parties for marketing purposes. The Seller reserves that it may transfer Customers' personal data in order to perform the contract to its employees on the basis of appropriate authorizations.
8.7. The Buyer's personal data will be processed for the period necessary to perform the order placed in the Online Store, and then for the duration of any claims related to this order (until the time of limitation of claims related to it) and for the period in which the Seller is obliged to do so on the basis of generally applicable law (e.g. in the event that the Buyer has received the invoice at his explicit request also until the expiry of the limitation period of the tax liability), while the personal data of the Buyer who agreed to the Seller sending information about the Online Store in the form of a newsletter to the e-mail address provided by the Buyer in the Form will be processed until the Buyer withdraws this consent. After this period, personal data will be irreversibly deleted or destroyed.
8.8. The buyer has the right to access their data and rectify, delete, request to limit the processing of personal data, subject to the cases referred to in art. 18 clause 2 of the Regulation, transfer or objection to their processing. The scope and conditions for exercising these rights are regulated in detail in art. 15-22 of the Regulation.
8.9. The buyer has the right to withdraw consent to the processing of personal data at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
8.10. The buyer has the right to lodge a complaint to the supervisory body, i.e. the President of the Office for the Protection of Personal Data, if he considers that the processing of his personal data, violates the applicable provisions on the protection of personal data.
8.11. Personal data is not transferred outside the European Economic Area / are not transferred to a third country or international organization, except when:
1) the delivery address indicated by you is outside the European Union and the European Economic Area and the transfer of these data is necessary for the performance of the contract between you and the Administrator,
2) entities to which the Administrator provides personal data are based outside the European Union, which means that in the light of the provisions of the Regulation are treated as so-called third countries.
The administrator ensures, however, that in this case it transfers data only to entities from the United States that joined the Privacy Shield program, in accordance with the European Commission implementing decision of July 12, 2016 (https://ec.europa.eu/info/law / law-topic / data-protection / data-transfers-outside-eu / eu-us-privacy-shield_pl). Below is a list of these entities:
8.12. Buyer's data will not be processed in an automated manner, except for the information contained in cookies. Some areas of the Online Store may use cookies. The rules regarding cookies are described in the Privacy and Cookies Policy.
8.13. The Seller informs that due to the non-fulfilment of the conditions for the appointment of the Personal Data Protection Inspector, he has not appointed such an Inspector, in particular considering that he is not a public body or entity, his main activity does not consist of processing operations which due to due to its nature, scope or purposes, it requires regular and systematic monitoring of data subjects on a large scale, moreover, its main activity is not to process specific categories of personal data or personal data concerning convictions and criminal offenses on a large scale.
8.14. Bearing in mind point 8.13 above, in the case of questions related to the processing of personal data and the protection of personal data, they should be directed to the following address: tom@radziewicz-art.com, i.e. the email address of the Personal Data Administrator.
9. Using online store services
9.1. The Seller provides services electronically to the extent that it allows the Buyer to place an order directly on the Online Store website by providing functionality of the Online Store, including functionality used to calculate the price for Products, any shipping costs. Using the functionality of the Online Store is voluntary, free of charge and does not require registration and creating a user account.
9.2. The Seller notes that the use of electronic services, taking into account the public nature of the Internet, may be associated with the risk of acquiring and modifying personal data of Buyers by unauthorized entities. Therefore, Buyers should use all possible and appropriate technical measures that will also allow to minimize these risks, including antivirus programs.
9.3. The Seller informs that it takes all possible technical and organizational measures corresponding to the potential threat in order to ensure the security of all data made available in the Online Store, in particular to prevent the possible acquisition and modification of personal data by unauthorized persons.
9.4. Requirements, including technical requirements, necessary to use the services of the Online Store, including placing orders for Products and receiving newsletter :
1) having a computer or other device with Internet access, with an internet connection,
2) having a web browser that accepts "cookies",
3) possession of electronic mail,
4) use of anti-virus software.
9.5. The Buyer is obliged to use the services offered by the Seller in a way that does not interrupt the operation of the Online Store, in particular by using appropriate software and devices, in addition in accordance with generally applicable provisions of Polish law, the provisions of the Regulations, decency and in a way that does not infringe personal rights of third parties.
9.6. The Buyer is obliged to use the Online Store in a way that does not cause difficulties to other Buyers and Sellers, in addition, he undertakes not to provide any unlawful content. The supply of unlawful content is prohibited.
9.7. The Buyer is obliged to use all content posted in the Online Store only for his own personal use.
9.8. Agreements for the provision of electronic services are concluded for the time the Buyer uses the Online Store and in the event of placing an order in the Online Store until it is completed, or for the duration of receiving information about the Online Store from the Seller in the form of a newsletter (no longer than until the consent is withdrawn). If the Buyer submits a complaint or other claims regarding the order placed in the Online Store, the contract for the provision of electronic services is extended until they are considered.
9.9. Complaints regarding the provision of services may be submitted in writing to the following address: "Tomasz Radziewicz ART", ul. Jana Kochanowskiego 130 lok. J, 80 - 405 Gdańsk, Poland, or by electronic means to the email address: tom@radziewicz-art.com. Complaints should contain in particular: a description of the matter to which the Complaint relates, contact details (Customer's e-mail address or e-mail address provided when subscribing to the newsletter service or correspondence address to which the response to the complaint should be sent).
9.10. The Seller shall respond to the Complaint submitted by the Buyer within fourteen days of its receipt in writing or by e-mail. The Seller shall respond to the Complaint using the same communication channel through which it was submitted, with the proviso that he can always reply by electronic means by sending a message. In the event of any deficiencies in the complaint, the Seller will ask the Customer to complete them in accordance with the address details indicated in the complaint.
10. Final Provisions
10.1. If any of the provisions of the Regulations and the General Terms of Sale are considered invalid or ineffective, the remainder of the Regulations shall remain valid. The provisions of the Regulations and the General Terms of Sale less favourable for the Buyer than the provisions of the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287) or other provisions of generally applicable Polish law are void, and in their place the more favourable ones are used.
10.2. The Seller shall not be liable for any disruptions, including interruptions, in the functioning of the Online Store, caused by factors beyond its control, in particular due to force majeure, unlawful activities of third parties, unless otherwise generally provided in Polish law.
10.3. In all disputes arising or likely to arise from a contract between the Buyer and the Seller, the exclusive jurisdiction shall lie with Polish courts.
10.4. The law applicable to contracts concluded between the Seller and the Buyer shall be Polish law.
10.5. The Seller reserves the right to amend the Regulations and the General Terms of Sale at any time with the proviso that for orders and sales contracts concluded before its amendment, the Regulations and the General Terms of Sale in force at the time of placing the order by the Buyer shall apply.
10.6. The Regulations and the General Terms of Sale have been drawn up in Polish and English. In the event of non-compliance of the Regulations and the General Terms of Sale, the Regulations and the General Terms of Sale drawn up in Polish shall apply.
10.7. The current content of the Regulations and the General Terms of Sale can be downloaded from the Online Store from the tab Terms of service.
10.8. The Regulations and the General Terms of Sale shall enter into force on 30.06.2020..