Terms and Conditions

ARTINVESTOR.ART ONLINE STORE TERMS AND CONDITIONS

§ 1
GENERAL PROVISIONS

  1. The artinvestor.art store operates on the terms set out in the following Terms and Conditions (Regulations).
  2. The Regulations define the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the artinvestor.art Store, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of Electronic Services.
  3. Each Customer, upon taking steps to use the Electronic Services of the artinvestor.art Store, is obliged to comply with the provisions of these Regulations.
  4. In matters not covered by this document, the following provisions apply:
    1. The Act on Providing Services by Electronic Means of July 18, 02 (Journal of Laws No. 144, item 1204, as amended);
    2. Consumer Rights Act of May 30, 14 (Journal of Laws of 2014, item 827);
    3. Act on Out-Of-Court Resolution of Consumer Disputes of September 23, 16 (Journal of Laws of 2016, item 1823);
    4. The Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.

§ 2
DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

  1. REGISTRATION FORM —a form available on the artinvestor.art website that that enables creation of an Account.
  2. ORDER FORM —a form available on the website www.mokrassa.com that enables placing of an Order.
  3. CUSTOMER —a Service Recipient who intends to enter into or has entered into a Sales Agreement with the Seller.
  4. CONSUMER —a natural person who performs a legal transaction with the entrepreneur not directly related to their business or professional activity.
  5. ACCOUNT —a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password, in which the Service Recipient’s data is collected, including information about Orders placed.
  6. NEWSLETTER —an Electronic Service that allows the Service Recipient to subscribe to and receive free information from the Service Provider about the Store and the Products available in it to the e-mail address provided by the Service Recipient.
  7. PRODUCT — a movable item available in the Store, which is the subject of a Sales Contract between the Customer and the Seller:
    1. UNIQUE – an item appearing in a single copy
    2. FINE ART PRINT – an item appearing in a limited edition.
  8. TERMS AND CONDITIONS —present Store regulations.
  9. STORE —the Service Provider’s online store, operating at artinvestor.art.
  10. SELLER, SERVICE PROVIDER —Art Investor Sp. z o. o. entered into the Register of Entrepreneurs by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0000764893, seat: ul. Wita Stwosza 17A, 02-661 Warsaw, address for service: ul. Nowodworcowa 19, 81-581 Gdynia, NIP: 5272877777, REGON: 382201768, e-mail address (email): info@artinvestor.art, telephone number: +48 601 445 528.
  11. SALES AGREEMENT —Product Sales Agreement concluded between the Customer and the Seller via the Store.
  12. ELECTRONIC SERVICE —a service provided electronically by the Service Provider to the Customer via the Store.
  13. SERVICE RECIPIENT —a natural or legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
  14. ORDER —Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.

§ 3
INFORMATION ON THE PRODUCTS AND THEIR ORDERING

  1. The artinvestor.art store conducts retail sale of Products via the Internet.
  2. Products offered in the Store are new, free from physical and legal defects and have been legally placed on the Polish market.
  3. The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to buy a specific Product under the conditions specified in its description.
  4. The Product price shown on the Store’s website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
  5. The Product price shown on the Store’s website is binding at the time the Customer places an Order. This price will not change regardless of price changes in the Store, which may occur for individual Products after the Customer places an Order.
  6. Orders for Fine Art Prints can be placed via the website using the Order Form (Artinvestor.art Store)—24 hours a day all year round.
  7. Orders for paintings can only be placed after prior email contact at: info@artinvestor.art or by contacting us by phone at: +48 601 445 528.
  8. In order to place an Order, the Customer is required to register an Account in the Store.
  9. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.

§ 4
CONCLUSION OF THE SALES CONTRACT

  1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the methods provided by the Seller, in accordance with § 3 points 6, 7 and 9 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt.
  3. Confirmation of acceptance of the Order, referred to in point 2 of this paragraph, binds the Customer with his Order. Confirmation of receipt of the Order is made by sending an e-mail.
  4. Confirmation of receipt of the Order includes:
    1. confirmation of all essential elements of the Order,
    2. the agreement withdrawal form,
    3. reference to these Regulations containing instructions on the right to withdraw from the contract.
  5. As soon as the Customer receives the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
  6. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product and / or sent by e-mail to the Customer’s e-mail address provided in the Order Form.

§ 5
METHODS OF PAYMENT

  1. The seller provides the following payment methods:
    1. payment by traditional bank transfer to the Seller’s bank account,
    2. payment via the electronic payment system (Przelewy24.pl).
  2. In the case of payment by traditional transfer, the payment should be made to the following bank account: BNP Paribas Bank Polska SA account number: 88175000090000000040994009; IBAN: PL 88175000090000000040994009; BIC: PPABPLPK Art Investor Sp. z o. o., ul. Wita Stwosza 17A, 02-661 Warsaw, NIP: 5272877777. In the title of the transfer, enter the order number and the title of the work.
  3. In the case of payment via an electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows you to make payments by credit card or a quick transfer from selected Polish banks.
  4. The customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
  5. The product will not be shipped until it is paid for.

§ 6
COST, TIME AND METHODS OF DELIVERY OF THE PRODUCT

  1. On the territory of Poland, the cost of delivery of Fine Art Prints is covered by the Seller. The cost of delivery of Fine Art Prints abroad is calculated after adding the product to the cart and specifying the postal code.
  2. In special cases, such as ordering a frame for incography, the shipping cost is determined individually and is borne by the Customer.
  3. The cost of delivery of Uniques shall be borne by the Customer, both within Poland and abroad.
  4. The date of delivery of the Product consists of the time of completion and the time of delivery of the Product by the carrier:
    1. The time for completing the Products is up to 5 business days from:
      1. posting the funds paid under the Purchase Agreement on the Seller’s account or
      2. positive authorization of the transaction by the electronic payment system.
    2. Delivery of Products constituting movable goods by the carrier takes place within the period declared by the carrier, i.e. from 1 to 2 working days from the moment of sending the parcel (delivery takes place only on working days, excluding Saturdays, Sundays and holidays).
  5. Fine Art Prints purchased in the Store are shipped in Poland via a courier company.
  6. The time and method of purchasing Unique is determined individually.

§ 7
PRODUCT COMPLAINT

  1. Complaint under the warranty.
    1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer or an entity referred to in §10 of the Regulations, under the warranty covering physical and legal defects, are specified in the Civil Code Act of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
    2. Notifications of Product defects and submission of a relevant request can be made via e-mail to the following address: info@artinvestor.art or in writing to the following address: ul. Nowodworcowa 19, 81-581 Gdynia.
    3. In the above message in written or electronic form, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Seller.
    4. In order to assess physical defects of the Product, it should be delivered to the following address: ul. Nowodworcowa 19, 81-581 Gdynia.
    5. The Seller will respond to the Customer’s request immediately, no later than within 14 days from the date of filing the complaint.
    6. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations—failure to consider the complaint within 14 days of its submission is tantamount to taking it into account. In connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller covers the costs of collection, delivery and replacement of the Product with a product free from defects.
    7. The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.

§ 8
RIGHT TO WITHDRAW FROM THE CONTRACT

  1. Subject to point 10 of this paragraph, the Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who concluded a distance contract, may withdraw from it without giving reasons, by submitting an appropriate statement in within 14 days. To meet this deadline, it is enough to send a declaration of withdrawal from the contract provided by the Store.
  2. In the event of withdrawal from the contract, the Sales Agreement is considered void, and the Consumer or the entity referred to in § 10 of the Regulations is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline, it is enough to return the Product before the deadline passes.
  3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Nowodworcowa 19, 81-581 Gdynia.
  4. The consumer or the entity referred to in § 10 of the Regulations is responsible for the reduction 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. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Regulations should handle the Products and check them only in the same way as they could do in a stationary store.
  5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Regulations expressly agreed for any other method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the receipt by the Seller of the declaration of withdrawal from the Sales Agreement.
  6. If the Consumer or the entity referred to in § 10 of the Regulations chose a Product delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse the additional costs incurred by them.
  7. If the Seller has not offered to collect the Product himself from the Consumer or the entity referred to in § 10 of the Regulations, he may withhold the reimbursement of payments received from the Consumer until the item is returned or delivered by the Consumer or the entity referred to in § 10 of the Regulations, proof of its return, depending on which event occurs first.
  8. The consumer or the entity referred to in § 10 of the Regulations, withdrawing from the Sales Agreement in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
  9. The fourteen-day period during which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract is counted from the day on which the Consumer or the entity referred to in § 10 of the Regulations took possession of the Product.
  10. The right to withdraw from a distance contract is not available to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Sales Agreement
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs,
    2. in which the subject of the service is the service, if the Seller has fully provided the service with the express consent of the Consumer, who has been informed prior to the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract,
  11. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer in the event of the other party’s failure to perform its obligations within a strictly defined period.

§ 9
PROVISIONS CONCERNING ENTREPRENEURS (B2B)

  1. This paragraph contains provisions relating only to entrepreneurs not covered by the protection resulting from the Act on consumer rights, referred to in § 10 of the Regulations.
  2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
  3. The Seller has the right to limit the payment methods provided by him in relation to the Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the method of payment chosen by the Customer and the fact of concluding the Sale Agreement.
  4. The benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer when the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer, as well as for delay in transporting the shipment.
  5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If he finds that the Product has been lost or damaged during transport, he is obliged to perform all actions necessary to determine the liability of the carrier.
  6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.

§ 10
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

  1. An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is protected under the Consumer Rights Act, provided that the Sales Agreement he concludes with the Seller is not of a professional nature.
  2. A person running a business referred to in point 1 of this paragraph is protected only to the extent of:
    1. prohibited contractual provisions—the so-called abusive clauses,
    2. liability under the warranty for physical and legal defects of the Product in accordance with §7 of the Regulations,
    3. the right to withdraw from a distance contract in accordance with §8 of the Regulations.
  3. The entrepreneur referred to in point 1 of this paragraph loses the rights under consumer protection in the event that the Sales Agreement concluded with the Seller is of a professional nature. This fact is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
  4. The entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for Consumers by poviat consumer ombudsmen, as well as the President of the Office of Competition and Consumer Protection.

§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services via the Store, such as:
    1. concluding Product Sales Agreements,
    2. keeping an Account in the Store,
    3. Newsletter.
  2. The provision of Electronic Services to Customers in the Store takes place under the conditions specified in the Regulations.
  3. The Service Provider has the right to post advertising content on the Store’s website. This content is an integral part of the Store and the materials presented therein.

§ 12
CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.
  2. The period for which the contract is concluded:
    1. the contract for the provision of Electronic Services consisting in the possibility of placing an Order in the Store is concluded for a definite period and is terminated when the Order is placed or the Customer ceases to submit it.
    2. the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period. The contract is concluded when the Service Recipient sends the completed Registration Form.
    3. the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period.
  3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
    1. computer (or mobile device) with Internet access,
    2. access to e-mail,
    3. web browser,
    4. enabling cookies and JavaScript in the web browser.
  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to provide factually correct data.
  6. The Service Recipient is prohibited from providing illegal content.

§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail at the following address: info@artinvestor.art .
  2. In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.
  3. Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date of notification.
  4. The Service Provider’s response to the complaint is sent to the Customer’s e-mail address provided in the complaint or in another way provided by the Customer.

§ 14
TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Termination of the contract for the provision of Electronic Services:
    1. The contract for the provision of Electronic Services of a continuous and indefinite nature (Account management, Newsletter) may be terminated.
    2. The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via e-mail to the following address: info@artinvestor.art
    3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Regulations, in particular when he provides unlawful content after an ineffective prior call to cease violations with an appropriate deadline. In such a case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period).
    4. The termination leads to termination of the legal relationship with effect for the future.
  2. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.

§ 15
INTELLECTUAL PROPERTY

  1. All content posted on the website at artinvestor.art is protected by copyright and (subject to § 15 point 3 and elements posted by the Customers, used on the basis of a license, transfer of proprietary copyrights or fair use) are the property of Art Investor Sp. . z o. o. entered into the Register of Entrepreneurs by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0000764893, seat: ul. Wita Stwosza 17A, 02-661 Warsaw, address for service: ul. Nowodworcowa 19, 81-581 Gdynia, NIP: 5272877777, REGON: 382201768. The Service Recipient shall be fully liable for any damage caused to the Service Provider resulting from the use of any content on the artinvestor.art website without the Service Provider’s consent.
  2. Any use by anyone, without the express written consent of the Service Provider, of the elements constituting the contents of the artinvestor.art website constitutes a breach of the Service Provider’s copyright and results in civil and criminal liability.
  3. All images on artinvestor.art belong to their respective authors.

§ 16
FINAL PROVISIONS

  1. Agreements concluded through the Store are concluded in accordance with Polish law.
  2. In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
  3. Any disputes arising from the Sales Agreements between the Store and Consumers will be settled first by negotiation, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court settlement of consumer disputes. However, if it would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 4 of this paragraph.
  4. Court settlement of disputes:
    1. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in §10 of the Regulations, shall be submitted to the competent courts in accordance with the provisions of the Civil Code of November 17, 1964 (Journal of Laws No. 43 , item 296, as amended).
    2. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer, referred to in §9 of the Regulations, shall be submitted to the court having jurisdiction over the Service Provider’s seat.
  5. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting, after the end of the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223 . The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596 . The consumer may also use the free help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection Out-of-court redress after the complaint procedure is completed is free of charge.
  6. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/ .