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Shop rules

 

Shop rules

Regulations of the TECHNIArt sp. z o.o. online store

Valid from January 1, 2023.

Conclusion of a contract between the Buyer m and the Seller can occur in two ways.

Buyer has the right to negotiate any provisions of the contract with the Seller , including those changing the provisions of the following regulations. Negotiations should be conducted in writing and addressed to the address of the Seller ( TechniArt sp. z o. o. Nowa Bukówka, ul. Rumiankowa 2, 96-321 Żabia Wola).

If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and relevant legal provisions shall apply.

 

STATUTE

§1 Definitions

  1. Postal address - name and surname or name of the institution, location in the city (in the case of a city divided into streets: street, building number, flat or apartment number; in the case of a city not divided into streets: name of the city and real estate number), postal code and city.
  2. Complaint address :

TechniArt sp. z
o. o. Nowa Bukówkaul. Rumiankowa 296-321 Żabia Wola

  1. Delivery price list - available at skleptechniart.pl in the Delivery tab, a list of available types of delivery and their costs.
  2. Contact details:

TechniArt sp. z
o. o. Nowa Bukówkaul. Rumiankowa 296-321 Żabia Wolae-mail: biuro@techniart.pltel.: +48 602 733 602; 46 857 83 94; 46 857 83 95

  1. Delivery - type of transport service, specifying the carrier and cost, listed in the delivery price list at skleptechniart.pl in the Delivery tab
  2. Proof of purchase - an invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
  3. Product card - a single subpage of the store containing information about a single product.
  4. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having legal capacity, making a purchase from the Seller directly related to its business or professional activity.
  5. Civil Code - the Civil Code Act of April 23, 1964, as amended.
  6. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity, as well as a natural person concluding a contract with the Sellerdirectly related to his business activity, when the content of the contract shows that he does not have professional nature for that person resulting in particular from the scope of business activity performed by him, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
  7. Basket - a list of products made of the products offered in the store based on the Buyer 's choices .
  8. Buyer - both the Consumer and the Customer .
  9. Place of delivery of the item - postal address or collection point indicated in the order by the Buyer .
  10. The moment of delivery of the item - the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
  11. Payment - the method of payment for the subject of the contract and delivery listed at skleptechniart.pl in the Payments tab
  12. Consumer law - the Act on Consumer Rights of May 30, 2014.
  13. Product - the minimum and indivisible quantity of items that may be the subject of the order and which is given in the Seller's store as a unit of measure when determining its price (price/unit).
  14. Subject of the contract - products and delivery being the subject of the contract.
  15. Subject of the service - subject of the contract.
  16. Collection point - the place of delivery of the item, which is not a postal address, listed in the list provided by the Seller in the store.
  17. Goods - a movable thing that may be or is the subject of the contract.
  18. Store - an online service available at skleptechniart.pl, through which the Buyer can place an order.
  19. Seller :

TechniArt sp. z
o. o. Nowa Bukówkaul. Rumiankowa 296-321 Żabia Wola NIP: 5210520323, REGON: 012523757,
registered in the National Court Register under the number: 0000083899
Share capital PLN 50,000 Name of the body: District Court for the Capital City of Warsaw Warszawa in Warsaw, 20th commercial division of the National Court Register BANK ACCOUNT: 83 1050 1025 1000 0090 3031 2632

  1. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
  2. Completion date - the number of hours or working days specified on the product card.
  3. Agreement - an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of Art. 535 of the Civil Code of April 23, 1964 in the case of Buyers .
  4. Defect - both physical and legal defects.
  5. Physical defect - non-compliance of the sold item with the contract, and in particular if the item:
    1. it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;
    2. does not have the properties that the Seller assured the Customer about;
    3. it is not suitable for the purpose of which the Consumer clearly informed the Seller at the conclusion of the contract, and the Seller has not raised any objections to such a purpose;
    4. was delivered to the Customer incomplete;
    5. in the event of incorrect installation and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is responsible; the defect does not occur if the Customer or a third party acting on his behalf applied, used or used the Product contrary to the instructions received from the Seller ;
    6. it does not have the properties claimed by the manufacturer; however, this does not apply to the use of the Product contrary to the instructions received from the Seller .
  6. Compliance of the goods with the contract - in the case of the sale of goods to the Consumer, the goods are compliant with the contract if, in particular, their:
    1. description, type, quantity, quality, completeness and functionality, and for goods with digital elements also compatibility, interoperability and availability of updates;
    2. suitability for a specific purpose for which it is needed by the Consumer, about which the Consumer notified the entrepreneur at the latest at the time of concluding the contract and which the entrepreneur accepted.

In addition, goods that meet the conditions set out in art. 43b sec. 2 Consumer Law.

 

 

§2 General conditions

  1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
  2. The place of delivery of the goods must be located on the territory of the Republic of Poland.
  3. The seller is obliged and undertakes to provide services and deliver goods free from defects .
  4. All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
  5. All deadlines are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is a certain event, it is not taken into account when calculating the date of the day on which the event occurred.
  6. Confirmation, disclosure, recording, securing of all relevant provisions of the contract in order to gain access to this information in the future takes place in the form of:
    1. confirmation of the order by sending to the indicated e-mail address: the order, the pro forma invoice, and in the case of the Consumer information on the right to withdraw from the contract and the template of the withdrawal form in pdf version;
    2. to attach to the completed order, sent to the indicated place of delivery of printed items : proof of purchase, and in the case of a Consumer , information on the right to withdraw from the contract, a model withdrawal form.

§3 Conclusion of the contract and implementation

  1. Orders can be placed 24 hours a day.
  2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
    1. adding a product to the cart ;
    2. selection of the type of delivery ;
    3. choice of payment type ;
    4. selection of the place of delivery of the item ;
    5. placing an order in the store by using the " Order and pay " button.
  3. Information about products posted in the Store , in case of doubt, is not considered an offer, but an invitation to conclude a contract. They also do not constitute the Seller 's assurance .
  4. The conclusion of the contract with the Buyer takes place at the moment of confirmation of the order by the Seller, about which he informs the Buyer within 48 hours of placing the order.
  5. The entity providing online payment services is the imoje payment system , operated by ING Bank Śląski SA with its registered office in Katowice.
  6. The store allows the Buyer to make payments for the ordered goods in the following forms:
      1. in cash at the store's headquarters
      2. Bank transfer
      3. online payment via electronic transfer via the imoje external payment system , operated by ING Bank Śląski SA with its registered office in Katowice,
      4. online payment by credit card:
        • Visa
        • Visa Electron
        • MasterCard
        • MasterCard electronic
        • Maestro
  7. The execution of the Consumer's order payable on delivery takes place immediately, and the order paid by bank transfer or via the electronic payment system after the conclusion of the contract and crediting the Consumer's payment to the Seller 's account , which should take place within 30 days of placing the order. If the Buyer was unable to perform the service through no fault of his own, he should immediately inform the Seller .
  8. Customer 's order may depend on the payment of all or part of the order value or obtaining a trade credit limit of at least the value of the order or the Seller 's consent to send the order on delivery (payable on delivery).
  9. The execution time of the Buyer 's order , in the case of payment by a payment card, is counted from the moment of obtaining a positive authorization of the transaction.
  10. The subject of the contract is sent within the time limit specified on the product card, and for orders consisting of many products, within the longest period specified in the product cards. The period begins with the completion of the order.
  11. The purchased subject of the contract is sent together with the sales document selected by the Buyer by the type of delivery selected by the Buyer to the place of delivery of the item indicated by the Buyer in the order, together with the attachments referred to in §2 point 6b.

 

§4 Right to withdraw from the contract

  1. The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 section 2 and art. 35 Consumer Law .
  2. The deadline for withdrawing from a distance contract is 14 days from the date of delivery of the goods, and to meet the deadline it is enough to send a statement before its expiry.
  3. The declaration of withdrawal from the contract may be submitted by the Consumer on the form, the template of which is attached as Appendix 2 to the Consumer Law, on the form available at skleptechniart.pl in the Return Form tab or in another form in accordance with the Consumer Law.
  4. The Seller shall immediately confirm to the Consumer to the e-mail address (provided when concluding the contract and a different one if it was provided in the submitted statement) of receipt of the statement of withdrawal from the contract.
  5. In the event of withdrawal from the contract, the contract is considered void.
  6. consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the goods before its expiry.
  7. The consumer returns the goods being the subject of the contract from which he has withdrawn, at his own expense and risk.
  8. The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he has not consented to the performance of the service before the deadline for withdrawing from the contract or has not been informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur has not has provided confirmations in accordance with Art. 15 sec. 1 and art. 21 sec. 1. Consumer Law.
  9. consumer is liable for the decrease in the value of the goods being the subject of the contract, as a result of using them.
  10. The Seller shall promptly, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods, and if the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller The Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
  11. The Seller refunds the payment using the same method of payment as used by the Consumer , unless the Consumer has expressly agreed to a different method of payment that does not involve any costs for him.
  12. If it is necessary to return funds for a transaction made using a payment card, the Seller shall refund the payment to the bank account assigned to the payment card from which the payment was made.
  13. The Seller may withhold the reimbursement of the payment received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, depending on which event occurs first.
  14. The consumer in accordance with art. 38 of the Consumer Law, there is no right to withdraw from the contract:
    1. for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur he would lose the right to withdraw from the contract, and acknowledged this ;
    2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
    3. in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to meet his individual needs;
    4. in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
    5. in which the subject of the service is goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
    6. in which the subject of the service are goods which, due to their nature, are inseparably connected with other items after delivery;
    7. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
    8. in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or supplies goods other than spare parts necessary for additional services or goods;
    9. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    10. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
    11. concluded by way of a public auction;
    12. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
    13. for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur started the service with the express and prior consent of the consumer, who was informed before the service began that after the performance of the service by the entrepreneur, he would lose the right to withdraw from the contract, and accepted this, and the entrepreneur has provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1;
    14. for the provision of services for which the consumer is required to pay a price, where the consumer has expressly requested the trader to come to him for repair and the service has already been fully performed with the express and prior consent of the consumer.

§5 Warranty and guarantee and liability for damage

  1. The seller , pursuant to art. 558 §1 of the Civil Code completely excludes liability towards customers for physical and legal defects (warranty).
  2. The Seller is liable to the Consumer , with the exception of the persons referred to in the previous point, on the terms set out in chapter 5a. Consumer Law . They will not be non-compliance of the goods with the contract, entitling to submit an effective complaint under the warranty for defects, any discrepancies related to: incorrect use or application of the item, in particular its use or application inconsistent with the video instructions for the item, available on the Seller 's website at www. .techniart.pl, as well as with the storage of items and the care of the floor made of items contrary to the Seller 's recommendations , available on the above-mentioned website.
  3. In the case of a contract with a consumer , if the lack of conformity of the goods with the contract was found before the expiry of two years from the moment of delivery of the goods, it is assumed that it existed at the time of delivery, unless proven otherwise or the presumption cannot be reconciled with the specificity of the goods or the nature of the lack of compliance of the goods with the contract.
  4. When finding non-compliance with the contract, the Consumer should immediately photograph the goods.
  5. The consumer , if the goods are inconsistent with the contract, may:
    1. demand repair of the goods or
    2. demand replacement of the goods with the one conforming to the contract,
  6. The Seller may make a replacement when the Consumer demands repair, or make a repair when the Consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into compliance with the contract. The assessment of excessive costs requires consideration of all the circumstances of the case.
  7. The seller will repair or replace the goods within a reasonable time, taking into account, among others, time needed for repair, delivery and transport dates and any other circumstances affecting the consideration of the application.
  8. The cost of repair or replacement, including in particular also the costs of collecting the goods from the Consumer, labor or transport, shall be charged to the Seller. If necessary, the Seller is also obliged to cover the cost of disassembly.
  9. consumer may submit a statement of price reduction or withdrawal from the contract if:
    1. The seller refused to bring the goods into compliance with the contract in accordance with Art. 43d sec. 2 Consumer Law,
    2. The seller did not bring the goods into compliance with the contract in accordance with art. 43d sec. 4-6 of Consumer Law,
    3. even though the Seller tried to bring the goods into compliance with the contract, the non-compliance still exists,
    4. the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in art. 43d of consumer law,
    5. it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
  10. The price reduction statement should take into account the proportional value of the goods in conformity with the contract in relation to the goods not in conformity with the contract. If the Consumer uses the right to lower the price, the Seller will refund the funds within 14 days of delivery of the statement at the latest.
  11. In the event of withdrawal from the contract , the Consumer should immediately return the goods at the Seller's expense. If the Consumer uses the right to withdraw from the contract, the Seller shall refund the funds within 14 days of receipt of the goods or delivery of proof of return at the latest.
  1. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant, and also in the event of the conditions indicated in art. 38 of Consumer Law.

§6 Security of personal data

  1. Buyers ' personal data is TECHNIArt Sp. z o . o ., ul. Rumiankowa 2, Nowa Bukówka near Warsaw, 96-321 Żabia Wola "Seller". Personal data will be processed for purposes related to the conclusion or performance of contracts and for the purpose of marketing products and services offered by the Seller, in accordance with the EU Regulation 2016/679 and the Personal Data Protection Act.
  2. The data subject has the right to request from the administrator access to personal data concerning him, rectification, deletion or limitation of processing and the right to object to the processing, the right to lodge a complaint to the supervisory authority, as well as the right to transfer data.
  3. The data subject has the right to object at any time to the processing of personal data concerning him or her for the purposes of direct marketing, including profiling, to the extent that the processing is related to such direct marketing.
  4. Categories of recipients of data provided by the Buyer : "cooperating entities" , i.e. companies owned or controlled by the Seller or companies that are jointly controlled with the Seller or remain in constant cooperation with the Seller , such as banks, investment companies, auditors, companies providing other financial services, IT companies, consulting companies, suppliers or courier companies.
  5. The provision of services by the Seller to the Buyer may require the transfer of the Customer's personal data to entities providing services to the Seller in other countries, including countries outside the European Economic Area. In the event of transferring personal data to countries that do not ensure an adequate level of personal data protection, the Seller applies safeguards in the form of standard data protection clauses adopted by the European Commission. The person to whom the personal data relates has the option of obtaining a copy of his data.
  6. Personal data will be stored for a period of 6 years, subject to applicable law or until all claims arising from the concluded contract expire or court and administrative proceedings are completed.
  7. Providing data is a condition for concluding a contract with the Seller and the data subject is obliged to provide them, and if the data is not provided, the Seller is not able to perform the contract with the customer.
  8. The seller may use an automated decision-making mechanism, including profiling, to improve the effectiveness of marketing activities.

§7 Final Provisions

  1. None of the provisions of these regulations are intended to infringe the Buyer's rights. It also cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute subordination and application of this law in place of the challenged provision of the regulations.
  2. The current version of the regulations is always available to the Buyer at skleptechniart.pl in the Regulations tab. During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except for the situation when the Consumer considers it less favorable than the current one and informs the Seller about the current choice as binding.
  3. In matters not covered by these regulations, the relevant applicable legal provisions shall apply, in particular the Act of May 30, 2014 on Consumer Rights and the Act of April 23, 1964 Civil Code. Disputes, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before the arbitration court at the Provincial Inspectorate of the Trade Inspection.