Terms and conditions
§ 1. Definitions
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- The terms used in these Regulations are always to be understood as:
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- Administrator/Seller – BartłomiejKusztal (BartłomiejKusztal Art Gallery 36) with its registered office in Cracow, ul. Floriańska 36, 31-021 Cracow, Poland,NIP Tax Identification No.PL9452230447, and REGON Register of Business Entities No.: 384431991, owner and administrator of the ahg36.com online store;
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- Store – online store operated by the Administrator, accessible through a dedicated website:ahg36.com;
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- Client – natural person over 18 years of age and also a legal person or organisational entity without legal personality on whom applicable laws and regulations confer legal capacity, person or entity which uses the Store, and especially which orders products available in the Store in accordance with the principles specified in these Regulations;
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- Consumer – Client being a natural person who makes purchases in the Store in the scope not directly related to the person’s business or professional activity (pursuant to Art. 221 of the Act of 23 April 1964 of the Civil Code, Journal of Laws 2020, item 1740, uniform text, as amended);
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- Supplier – a courier company cooperating with the Seller. If the Seller cooperates with PocztaPolska or another public operator, the Polish Post Office or another public operator will also be considered as the Supplier;
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- Product – products presented in the Store, which may be the subject of sale agreement;
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- Price – the gross price of Product placed next to the information about the Product, not including the costs of delivery. Prices of Goods in the Store are expressed in PLN and include VAT.
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- Account – collection of resources in the information and communication system of the Seller, marked with an individual name (login) and password provided by the Client, where the data provided by the Client and information concerning his/her placed orders in the Store are collected;
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- Order – customer’s declaration of will expressed with the Store’s functionality, indicating e.g.: type and number of the Product available in the Store at the time of the Order, price, place of the Product’s delivery, Client’s data. The Order constitutes an offer to enter the agreement on the purchase of the Product of parameters expressed in the Order;
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- Sale Agreement – agreement on the sale of the Product within the meaning of the regulations of the Civil Code, concluded between the Seller and the Client, with the use of the Store’s website;
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- Regulations – the Regulations of the ahg36.com online store.
§ 2. General ProvisionsThese Regulations define the rules of the Store’s functioning, including the rules for placing orders for the products available in the Store, rights and obligations of the Client and Administrator, terms for the conclusion and termination of the Product Sale Agreements, withdrawal from the Sale Agreement, compliant procedures, and also personal data protection principles. These Regulations are applicable to all Clients, including those placing orders. Every Store user is obliged to comply with Regulations.Every person using the Store has a possibility to contact the Administrator through addresses, including e-mail and/or phone numbers indicated under the “Contact” tab on the website of the Store.Store product browsing does not require registration. Placing orders by the Client for the products available in Store is possible after the registration defined in § 3 or by providing personal and address data enabling the order execution without registration.
To use the Store, it is necessary to have:
a) computer or mobile device with an access to the Internet;
b) web browser, such as Internet Explorer, Mozilla Firefox, Google Chrome, Opera, Safari;
c) Cookies and JavaScript enabled in the browser;
d) active electronic mail address (e-mail address).The Client is obliged to use the Store in accordance with legal provisions, respecting personal goods, copyrights and intellectual property of the Seller and third parties. It is forbidden to undertake any actions which could influence the proper functioning of the Store, including an interference in the Store’s content or its technical elements, and providing unlawful content. It is forbidden to use the Store for other purposes than it was originally created for, especially including spamming, or for example running commercial, advertising, or promotional activities.The sale of the products available in the Store is made through the Internet in a form of Sale Agreement concluded at a distance between the Client and the Seller, in accordance with the Act on Consumer Rights of 30 May 2014 and the Civil Code.The goods visible on the Store’s website at the moment of the order placement are the subject of transaction.Information about the Products available on the Store’s website do not constitute the offer in the meaning of the Civil Code. Information about the Products available in the Store constitute an invitation to conclude an agreement in accordance with Art. 71 of the Civil Code.Order placement is equal to the acceptance of terms introduced in these Regulations.
§ 3. Registration and Terms of OrderingRegistration in the Store is free of charge.In order to register in the Store (set up the account) the registration form must be completed in a complete manner with the name and surname, address of residence, e-mail address, phone number and password, the Client must also accept the Store’s Regulations and express consent for the processing of personal data to the extent necessary for proper provision of services by electronic means and proper execution of the Client’s Orders.Administrator does not verify identification data of the Clients included in the registration form. Data indicated in the registration form as obligatory are necessary to create the Account and for proper execution of the Order. After the completed registration form is sent, the Client will receive a registration confirmation with the password on the indicated by the Client e-mail address. Than it is possible to activate the Account. The registration procedure is finished when the Administrator receives proper activation of the Account.Registration is done only once. With each subsequent Order the Customer uses the login and password previously established on the Store’s website. After using the login and password established by the Customer, he or she can update the data provided during registration.Along with the registration, the Client accepts all provisions of these Regulations and makes a declaration of will and knowledge concerning the contents of these Regulations and fulfillment of all specified in the Regulations requirements and conditions concerning the Client. The Client declares that the data provided during the registration process are true.As a result of proper registration, a free-of-charge agreement between the Administrator and the Customer is concluded for the provision of electronic services by the Administrator to the Customer in the field of creating and using a Customer Account on the Store’s website.After registering in the Store, each login is performed using the data provided in the registration form. The Customer gains access to an Account, which was assigned to him/her in the registration form after providing an e-mail address and a password in the Store (when logging in). Access to the Customer’s account is protected by an individually chosen password.The Account contains the Customer’s data given in the registration form. In the event of a subsequent change to this data, the Customer should update his or her profile on the Account, whereas the data indicated in the registration form as mandatory cannot be removed by the Customer during the use of the Store’s services, and in such situation the Customer may delete the entire Account.Data provided by the Customer during the registration process, including personal data, will be processed by the Administrator according to the principles specified in §9 below and in the ahg36.com Internet Shop’s Privacy Policy, available on the Internet Shop’s website.The Administrator reserves the right to use the e-mail address provided by the Customer as a means of communication with the Customer in order to verify the status of the Account, as well as in other matters related to the functioning of the Store and/or provision of services by the Administrator to the Customer within the framework of the Store (in particular to send notifications regarding important changes in the Store or notifications on the technical condition of the Store) and for purposes related to an order placed by the Customer.The Customer has the right to terminate the Agreement for electronic provision of services for creating and using a Customer Account at any time. Termination of the Agreement takes place without additional costs and without the need to inform about the reasons. Termination of the Agreement can be made by sending an appropriate statement to the e-mail address of the Store indicated on the “Contact” tab on the Store’s website or in writing to the address of the Seller given in § 1 of these Regulations. Termination and termination of the Agreement does not involve the loss of rights already acquired by customers using the Store. Termination of the Agreement for the provision of services concerning the Customer Account results in blocking and deletion of the Customer Account in the Store.The Administrator is entitled to remove the Customer’s Account (termination of the agreement for electronic provision of services concerning the creation and use of the Customer’s Account) if the Customer undertakes actions (or uses the Account) that are contrary to the applicable laws and/or provisions of these Regulations.
§ 4. Placing ordersThe Customer may place Orders for Products 24 (twenty-four) hours a day and 7 (seven) days a week.
In order to place the order, it is necessary to log into the Store using the created Account (concerns persons who registered themselves in the Store and created the Account) or to use the possibility to place the Order without registration, and proceed as follows:
a) indicate the Products available in the Store the Client is interested in purchasing by using the option “add to basket” (or equivalent);
b) choose the way of delivery;
c) provide, in a complete and true manner, the data of the Order’s recipient and the address where the Products are to be delivered or check the option of personal collection, and also provide the contact phone number;
d) provide data for invoicing if these are different than the data provided for the Order’s delivery, if the Client needs the VAT invoice to be issued;
e) choose the method of payment;
f) confirm the Order, including the total price of the Order with delivery and possible additional costs (if such would occur), and the fact of familiarization with these Regulations by clicking the option “Order now and pay” (or other equivalent). Until the moment of the Order placement confirmation – clicking the option „Order now and pay” (or other equivalent) – the Client has the possibility to modify the Order.
Placing an Order by the Customer constitutes an offer by the Seller to conclude a Sales (purchase) Contract for the ordered Product(s).After placing an Order, an automatic e-mail will be sent to the Customer’s e-mail address given in the Customer Account or during the Order placement process for purchases without registration, confirming that the Seller has received the Customer’s Order. This e-mail is not tantamount to a statement of acceptance of the offer and conclusion of the Sales Agreement. If it is possible to execute the Order, an e-mail message will be sent to the e-mail address of the Client confirming that the Order has been accepted for execution. At the moment of acceptance of the Order by the Seller, there is a Sales Agreement between the Seller and the Client, the subject of which are the ordered Products and it is executed under the conditions specified in these Regulations.The Sale Agreement concluded between the Client and the Seller concerning the purchase of given Product from the Store is subject to time-limits and lasts throughout the period of the Order execution. The place of performance connected with the Product purchasing in the Store is the delivery address indicated by the Client, with the reservation of products collected personally by the Clients, where the place of performance is the personal collection point chosen by the Client.The Client is obliged to update the data necessary for the Order execution and to immediately inform the Seller about each change of the data which has an influence on the proper execution of the Order.The availability of the Product chosen by the Client is the condition of the Order’s execution. If the chosen Product and/or part of the Products included in the Order would not be available, the Seller must immediately inform the Client about the fact with a request to make decision concerning further proceedings in case of the Order’s execution. The lack of the Client’s decision concerning the way of the Order’s execution or lack of possibility to contact the Client caused by circumstances beyond the control of the Seller, after 7 days of receiving the abovementioned information from the Seller, is equal to the Client’s withdrawal from the execution of the Order, and the Order is automatically cancelled.
§ 5. Prices of the products and paymentsPrices given in the Store are binding at the time of placing the Order by the Customer. The cost of delivery of the Product chosen by the Customer of the value indicated in the Order shall be added to the amount of the Order. Information about the total amount of the Order, including the cost of all products and their delivery in accordance with the method of delivery chosen by the Customer, is given to the Customer within the Customer’s cart, the placed order and in the e-mail message concerning acceptance of the Order for execution, sent by the Seller.
The Customer may choose the following methods of payment for the ordered Products:
a) bank transfer, electronic transfer or credit card via a fast payment system available in the Store;
b) cash on delivery, cash on delivery at personal collection – the amount due is collected by a courier/ letter carrier or an employee of the collection point, but if the Product is to be delivered outside Polish borders, the payment may be made only by bank transfer.The Client shall provide the name and surname/company name and the Order number in the transfer title. The lack of any of the abovementioned elements in the transfer title may extend the period of Order execution or cause a complete lack of possibility to execute the Order.The Seller shall issue and provide the Customer with a sales document (VAT invoice) after completion of the Order.If the payment for the ordered Products is not credited to the Seller’s account within 14 days from the Order acceptance for execution (except for the payment on delivery), the Order is automatically cancelled.
The Seller reserves the right to introduce changes to its offer of Products, in particular as regards quantities and prices of sold Products, adding and removing Products from the offer and conducting and cancelling promotional actions and sales. The right referred to in the first of the above does not affect any Order placed by the Customer prior to the effective date of the change, in particular price, promotional or sale actions, which will be implemented under the same conditions.
§ 6. Delivery costs and deliveryThe sending of the ordered Products is performed in a specific way indicated in the Order, within up to 3 working days from the Order acceptance for execution.The Ordered products may be delivered via Supplier or other carriers, depending on the chosen option by the Client in the Store, to the appointed in the Order postal address.The delivery costs of the ordered products are borne by the Client and are added to the total value of the Order, where the delivery costs indicated every time in the Store are applied, considering the Suppliers’ tariffs.
§ 7. Withdrawal from the Sale Agreement and the products’ returnIn accordance with the Act on Consumer Rights of 20 May 2014, the Client being a Consumer has the right to withdraw from the Sale Agreement concluded with the Seller within 14 days, without a justified reason in this regard, by submitting suitable statement. Consumer may submit the statement on a template of the form constituting an Appendix no. 2 to these Regulations. In order to meet the withdrawal deadline, it is sufficient to send the statement before the deadline’s expiry.The time to withdraw from the Sale Agreement starts for the Sale Agreement for which the entrepreneur forwards the product – from the moment when the Consumer, or other designated by the Consumer third party other than the carrier, takes possession of the product.The condition for withdrawal from the Sales Agreement, in accordance with point 1 of this section, is to return ordered Products to the address of the Seller given in § 1. Return of the Products should take place immediately, no later than within 14 days from the date of withdrawal by the Consumer from the Sales Agreement. To meet the deadline for withdrawal from the contract, it is sufficient to send back the Products to the address of the Seller before the expiry of this period. Costs of returning ordered Products to the Seller shall be borne by the Consumer.Reimbursement of amounts due resulting from withdrawal from the Sales Agreement (including all payments made by the Consumer, including delivery costs, subject to paragraph 5 below) shall be made using the same method of payment used by the Consumer, unless the Consumer agrees to another method of reimbursement, which does not involve any additional costs for him, immediately, but not later than within 14 days from the date of receipt of notice of withdrawal from the Sales Agreement.The Consumer bears responsibility for the decrease of the value of the Products resulting from the usage of the Products in a way that extends beyond the necessary manner to state the character, features and functioning of the Product.In case of valid withdrawal from the Sale Agreement, the Sale Agreement is considered as not concluded.
§ 8. ComplaintsAll products available in the Store are brand new, free of physical and legal flaws.The Seller is obliged to deliver Products without physical and legal defects to the Clients. Physical defect of the Products is inconsistency of the delivered Products with the Sales Agreement. The Seller shall be liable to Consumers for defects in the Products in accordance with the provisions of the Civil Code and other generally applicable provisions of law. In the case of sales that are not consumer sales, in accordance with Article 558 point 1 of the Civil Code, the provisions of the Civil Code relating to warranty are excluded.The Seller bears responsibility for the warranty, if the physical flaw is confirmed within 2 (two) years from the day when the Product is provided to the Client.Complaints relating in particular to the implementation of the Order and purchased Products, including non-compliance of the Product with the Order, as well as complaints relating to the provision of electronic services by the Store, should be made via e-mail to the address specified in the Contact section, or by letter to the address of the Seller given in § 1. The complaint should contain the name, address, date of conclusion of the Sales Agreement forming the basis of the complaint, the subject of the complaint with the indication of the request, e-mail address or correspondence address and a description of the reported problems, as well as the Product which is the subject of the complaint together with proof of purchase in the case of a complaint regarding a Product, in order to enable the Seller to investigate the matter and to decide on the legitimacy of the complaint or submitted statement.Complaints will be considered by the Seller within 14 days of receipt of the complaint and will be sent to the e-mail address specified in the complaint or the correspondence address, if no e-mail address is provided by the person submitting the complaint. If the Seller does not respond to the Customer’s request within 14 days, it means that the complaint was accepted.If the complaint is investigated for the benefit of the Client – the Seller will immediately replace the defective Product for the Product which is free of flaws, or will remove the flaw. It does not influence the possibility for the Client to submit a statement concerning the reduction of the price or withdrawal from the Sale Agreement in accordance with the applicable provisions. In case of the lack of possibility to replace the Product, remove the flaw or reduce the price, the Seller will reimburse the amount due immediately in accordance with the applicable provisions of law.The repaired or replaced Product is reshipped to the Customer at the Seller’s expense.
§ 9. Personal dataBy registering an Account or placing an Order, the Client agrees to the processing of data (including personal data) contained in the entire registration form and the Order by the Seller to the extent of the granted authorization, in particular to carry out the Order placed in the Store and provide electronic services implemented by the Seller.Personal data administrator is the Seller. Every Client has the right to access and update the data concerning the Client, and also has the right to demand the data removal. Personal data may be corrected or removed after logging into the Client’s Account or by a notification reported to the Seller.
Seller processes personal data in order to provide services electronically, conclude and perform Sales Agreements of Products ordered by the Customer in the Store, carry out the process of considering complaints, the implementation of the refund procedure in case of withdrawal from the Sales Agreement.
Specific provisions concerning the Client’s personal data protection and processing rules are included in the “Privacy policy” document which can be found on the Store’s website.Personal data processing and protection is performed in accordance with applicable regulations.
§ 10. Final provisionsMatters not covered by these Regulations shall be governed by applicable provisions of law in force on the territory of the Republic of Poland, including the Civil Code, Act on Provision of Electronic Services of 18 July 2002, Act on Consumer Rights of 30 May 2014 and other applicable provisions of the Polish law.
The Seller makes every effort to ensure that services at the Store are provided at the highest level of quality, but the Seller reserves the right to temporarily suspend the availability of the Store, especially in the event of the need for maintenance work, inspection, equipment replacement, upgrading or expansion of the Store. Any suspension of the availability of the Store does not affect the execution of placed Orders.The Seller reserves the right to change the provisions of these Terms and Conditions, provided that it will not violate the rights already acquired by the Customer (unless the changes result from applicable law). The Seller will inform the Customer about any change at least 30 days before its implementation by publishing the content of the new Terms and Conditions on the homepage of the Store and additionally sending it to the e-mail address of the registered Customer. Orders placed before the effective date of changes to the Terms and Conditions will be subject to the existing provisions of the Terms and Conditions. If the Customer does not accept the changes of the Regulations, he or she should stop using the Store and delete the Account.The Regulations shall enter into force on 1 September 2021.The recognition of specific provisions of these Regulations in compliance with the law as null or ineffective does not affect the validity or effectiveness of other remaining provisions. The invalid provision will be replaced with another valid one that comes as close as possible to the invalid provision concerning its purpose and the purpose of all.