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Regulations

REGULATIONS

§1 GENERAL PROVISIONS

1. Regulations define the rules for making purchases in the online store ExArte conducted by the Seller at www.szklanebombkichoinkowe.pl.

2. Regulations are published on the website of ExArte Internet Store: www.szklanebombkichoinkowe.pl.

3. ExArte Internet Store www.szklanebombkichoinkowe.pl.  (hereinafter referred to: ExArte Store) is run by ExArte Veronica Bogumil with registered office in Piaseczno at ul. Puławska 34, 05-500 Piaseczno, NIP 951-207-88-08, REGON: 364021365.

4. Method of communication with the Store:

- e-mail address exarte@exarte.pl  or  weronika.bogumil@exarte.pl,

- telephone number +48 786-432-382

 

§2 SALE IN EXARTE STORE

1. ExArte Store sells goods via the Internet.

2. Goods sold in ExArte store are decorative products made of glass that do not have the function of children's toys.

3. The condition to make purchase through ExArte Store is prior acceptance of the Regulations and the commitment to comply with all the rules contained therein.

4. All prices for individual goods are given in Polish zloty, Euros or US Dollars and include VAT. The price given for each commodity is binding upon order placement by the Customer.

5. ExArte Store reserves the right to change prices of goods on offer, to remove individual goods or add new products. ExArte Store reserves the right to carry out promotional campaigns, change and cancel current promotional campaigns.

 

§3 EXECUTION OF THE ORDER

1.    Store ExArte accepts the order for execution after receiving from the customer the payment for ordered goods:
- in case of bank transfer, when payment has been credited to ExArte Store account;

- at the time of authorization of card when paying by credit card.

2. After receiving payment ExArte Store within 2 working days confirms via e-mail order acceptance. In the absence of receipt of mail confirmation, please contact the store as soon as possible at the phone number +48 739-035-785 or e-mail address exarte@exarte.pl, weronika.bogumil@exarte.pl.

3. Please be informed that there may occur the lack of availability of certain goods in the warehouse of Store or at Store. In this case, the customer will be immediately informed of this fact and will then be able to accept a partial execution of the order, or accept the extended completion time for execution of the whole order, or cancel the order. In case of total or partial cancellation of the order, the overpaid funds will be returned by bank transfer to the bank account indicated by the Customer, within 5 working days.

4. On request ExArte Store issues a VAT invoice for completed order. VAT invoice is issued after the completion of the order, receiving payment from the Customer and preparing the goods for shipment.

6. ExArte Store reserves the right to withdraw from the order if the information given by the customer in the order form is incomplete, incorrect or misleading.

7. ExArte Store is not responsible for the lack of e-mail contact with the customer in the event of blocking e-mails by the administrators of mail servers or software installed on the computer used by the customer.

8. ExArte Store is not responsible for the consequences of random events over which it had no control, and which prevented or hindered the execution of the order (such as fire, flood, strikes, closure of borders, etc.).

 

§4 DELIVERY OF THE ORDER

1. Shipments of goods purchased in ExArte store take place daily on weekdays.

2. The delivery time is 4 working days. The waiting time for the order is the sum of the lead time and shipment time.

3. Deliveries in Poland are carried out by InPost, delivery time is 3 working days

4. International shipments are carried out after individual determination of the conditions and costs of delivery of the goods covered by the order. If you intend to place an order, which would be delivered beyond the borders of the Republic of Poland, please contact the Store e-mail address: exarte@exarte.pl

5. ExArte store is not responsible for delays in delivery caused by the fault of InPost or another carrier selected for international shipments. ExArte Store shall not be held liable for non-delivery or late delivery caused by the provision of misleading or inaccurate shipping address by the Customer.

 

§5 PAYMENT

The customer can choose from the following forms of payment for the ordered goods:

  • transfer to the bank account of ExArte Store; Bank transfer details:

ExArte Weronika Bogumił

PL 77 1140 2004 0000 3012 0739 6486

BIC/SWIFT: BREXPLPWMBK

in the title specify order number

  • credit card payment using PayByNet system
  • payment using PayPal system

§6 COMPLAINTS

  • 6.A. COMPLAINT OF GOODS ON THE BASIS OF WARRANTIES

The provisions of this chapter apply to complaints about goods purchased by the customer by December 31, 2022:

1. The customer is obliged to inspect the consignment upon its reception from the carrier. If the contents were destroyed during transport, the Customer is required to fill complaint form (or write a letter of complaint by hand) and obtaining the signature of carrier. In case of failure to complete these formalities destroyed goods (a broken Christmas bauble) will not be refunded and ExArte Store is not responsible for this situation.

2. The risk of accidental loss or damage to the goods passes to the customer upon delivery of the goods to the Customer by the carrier.

3. By placing an order in ExArte Store customer accepts the fact that the purchased products (glass Christmas baubles) are made by hand and therefore can slightly differ from the ornaments shown in the pictures of store offer in terms of colour, shape or pattern. Shades of decorations colour on the pictures may be distorted by the individual settings of monitors. This cannot be the basis for complaints and return of goods purchased in ExArte store.

4. ExArte Store does not exchange goods outside the complaint mode (i.e. if the customer does not make a complaint and the exchange would occur on request of the Customer).

5. The complaint procedure will be completed within 14 days after the customer has submitted the complaint.

 

  • 6.B. COMPLAINT OF GOODS ON THE BASIS OF NON-COMPLIANCE WITH THE SALES AGREEMENT

The provisions of this chapter apply to complaints about goods purchased by the Customer from January 1, 2023:

1. The goods are compliant with the contract if, in particular, their:

  • a) description, type, quantity, quality, completeness and functionality
  • b) suitability for a specific purpose for which the Customer needs it, about which the Customer notified the ExArte Store at the latest at the time of concluding the contract and which the ExArte Store accepted.

2. In addition, in order to be considered compliant with the contract, the goods must:

  • a) be fit for the purposes for which goods of this type are usually used, taking into account applicable laws, technical standards or good practices;
  • b) occur in such quantity and have such features, including durability and safety, which are typical for goods of this type and which the Customer may reasonably expect.
  • c) be delivered with packaging, accessories and instructions that the Customer can reasonably expect to be provided;
  • d) be of the same quality as the sample or pattern that the ExArte Store made available to the Customer before the conclusion of the contract, and correspond to the description of such a sample or pattern.

 3. The ExArte store is not responsible for the lack of conformity of the goods with the contract, if the customer, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the goods deviates from the requirements of compliance with the contract, and clearly and separately accepted the lack of a specific feature of the goods.

4. If the sold goods are inconsistent with the concluded sales contract, the ExArte Store is liable to the Customer and recognizes complaints in this respect on the basis of the provisions of the Act on Consumer Rights regarding the non-compliance of the goods with the contract (Article 43a et seq. of the Consumer Rights Act).

5. In the event of non-compliance of the goods with the sales contract, the Customer may request repair or replacement of the goods. If bringing the goods to compliance with the sales contract in the manner chosen by the Customer is impossible or would require excessive costs for the ExArte Store, the ExArte Store may:

  • a) replace the goods when the Customer requested repair, or
  • b) repair the goods when the Customer requested a replacement.

If repair and replacement are impossible or would require excessive costs for the ExArte Store, the ExArte Store may refuse to bring the goods into compliance with the sales contract, and the Customer may submit the request indicated in paragraph 7 below. All the circumstances of the case are taken into account for the assessment of 'excessive costs'.

6. In the cases indicated in par. 5. a-b above, the Customer provides the ExArte Store with the goods subject to repair or replacement. The ExArte Store repairs or replaces the goods within a reasonable time from the moment when the Customer informed the ExArte Store about the non-compliance of the goods and without undue inconvenience to the Customer. The ExArte store bears the cost of repair or replacement of the goods. The ExArte Store provides collection of the goods at its own expense, for this purpose the ExArte Store provides customers with a cost-free way to collect the advertised goods by the ExArte Store via courier mail.

7. In the event of non-compliance of the goods with the sales contract, the Customer may request a price reduction or a refund due to withdrawal from the contract if:

  • a) The ExArte store refused to bring the goods into compliance with the contract;
  • b) the ExArte store did not bring the goods into compliance with the contract;
  • c) the lack of conformity of the goods with the contract still occurs, even though the ExArte Store tried to bring the goods into conformity with the contract;
  • d) the lack of conformity of the goods with the contract is significant enough to justify a price reduction or a refund due to withdrawal from the contract without prior use of the protection measures referred to in section 5 above;
  • e) the ExArte Store's statement or the circumstances clearly show that it will not bring the goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Customer.

 8. The reduced price remains in such proportion to the price of the goods, in which the value of the goods in accordance with the contract of sale is to the value of the goods inconsistent with the contract of sale. The ExArte store returns the amount due as part of the price reduction to the Customer immediately, no later than within 14 days of receiving the Customer's statement about the price reduction.

 9. The customer may not withdraw from the sales contract and demand a refund of the price for the goods if the non-compliance of the goods with the sales contract is insignificant. It is assumed that the non-compliance of the goods with the contract of sale is significant. In the event of withdrawal from the sales contract, the Customer immediately returns the goods to the ExArte Store at his expense. The ExArte store returns the price of the goods to the Customer immediately, no later than within 14 days of receiving the goods. If the non-compliance of the goods with the sales contract concerns only some of the goods delivered under the sales contract, the Customer may withdraw from the sales contract only in relation to these goods. An exception is the situation in which the Customer may withdraw from the contract of sale of all goods, if the Customer cannot reasonably be expected to agree to keep only the goods in accordance with the contract of sale.

10. By placing an order in the ExArte Store, the Customer accepts the fact that the purchased goods (glass Christmas tree decorations) are handmade and therefore may slightly differ from the decorations presented in the photos of the ExArte Store offer in terms of color, shape or pattern. Color shades of ornaments in the photos may also be distorted by the settings of individual monitors. This cannot be considered a significant lack of conformity of the goods with the contract and the basis for a complaint and return of goods purchased in the ExArte Store.

11. By placing an order in the ExArte Store for goods such as glass Christmas tree baubles, the customer acknowledges that due to the material, the goods may be damaged in transport (cullet). The customer is obliged to check the shipment upon receipt from the carrier. If the content of the shipment has been damaged during transport, the Customer is obliged to complete the complaint form  (or write a complaint letter by hand) and obtain the carrier's signature on it. In the event of failure to comply with these formalities, the damaged goods (broken Christmas tree bauble) will not be subject to complaint as goods inconsistent with the sales contract.

12. In the situation described in paragraph 11, when goods damaged in transport - a glass Christmas tree bauble are not subject to complaint as goods inconsistent with the contract due to the lack of a complaint form signed by the carrier, the ExArte Store, after receiving photographic documentation from the Customer and a description of the damage caused in transport , offers one of three solutions:

  • a) adding the same glass Christmas tree bauble free of charge to the Customer's next order in the ExArte Store;
  • b) re-sending the same glass Christmas tree bauble to the Customer, after the Customer has paid the shipping costs in advance;
  • c) issuance of a correcting invoice and refund for a broken glass Christmas tree bauble.

13. The risk of accidental loss or damage to the goods passes to the Customer upon delivery of the goods to the Customer by the carrier.

 14. The ExArte Store returns the price with the same method of payment as used by the Customer, unless the Customer expressly agrees to a different method of return, which does not cause any costs for him.

 15. The ExArte store is responsible for non-compliance of the goods with the sales contract, which existed at the time of delivery of the goods and was revealed within two years from the moment of delivery of the goods, unless the expiry date is longer.

 16. The ExArte store does not exchange goods outside the complaint mode (i.e. when the customer does not submit a complaint and the exchange would take place at the customer's request).

§7 RETURN OF GOODS

1. The customer has the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day on which the Customer came into possession of the item or on which a third party indicated by the Customer, other than the carrier, came into possession of the item. Withdrawal from the contract is possible only if the goods have not been used or have not been damaged in any way.

2. To exercise the right of withdrawal, the Customer must inform the ExArte store:

ExArte Weronika Bogumil

Puławska 34

05-500 Piaseczno

Email: weronika.bogumil@exarte.pl

Phone: +48 786-432-382

about your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail, content as in point 4 of paragraph 7). We recommend using the model withdrawal form, but it is not mandatory.

3.  To meet the deadline to withdraw from the contract, it is enough for the Customer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawing from the contract, i.e. up to 14 days from receipt of the goods.

4. The customer should return the goods in the original packaging and carton, along with a completed declaration of withdrawal from the purchase, which should contain: information that he is withdrawing from the purchase contract, personal data of the customer and contact details of the customer (telephone number, email address), order number, a list of returned products and the bank account number where the funds are to be returned.

5. Consequences of withdrawing from the contract:

a) Returned products, together with a copy of the statement of withdrawal from the contract, are sent by the Customer to the return address:

Returns address:

ExArte (LAMINA)

Veronica Bogumil

Puławska 34

05-500 Piaseczno

Tel. contact for the courier: +48 786-432-382

b) The return of the goods should take place immediately, and in any case not later than 14 days from the date on which the ExArte store was informed about the withdrawal from this contract. The deadline is met if the goods are sent back before the expiry of the 14-day period.

c) The ExArte store guarantees the refund of the amount equal to the price of the returned goods, without the cost of shipping the goods to the customer. The funds will be returned by bank transfer to the account indicated by the Customer within 14 working days from the date of receipt of the returned goods by the ExArte Store. The cost of returning the goods is not refundable.

6. The ExArte Store stipulates that in the event of loss of the parcel with the returned goods sent by the Customer, the Store does not bear any responsibility for the goods. In such cases, complaints should be submitted to the carrier of the shipment. For this reason, we suggest insuring the shipment by the customer.

 

§8 OPINIONS ABOUT THE EXARTE STORE

1. The ExArte store website presents all opinions that have been issued about the ExArte store on Google.com. Both positive and negative reviews are displayed.

2. The ExArte store does not take any action to verify whether the opinions posted on Google.com. come only from people who personally purchased products in the ExArte store.

3. The ExArte store declares that it has no influence on the content or quantity of these opinions.

4.The administrator of the application, thanks to which opinions coming directly from the Google.com portal are displayed on the ExArte store website, is the company:

Paddle.com Market Ltd

Judd House 18-29 Mora Street

London, EC1V 8BT United Kingdom

VAT Number: EU372017215

Company Number: 08172165

§9 FINAL PROVISIONS                         

1. In matters not covered in the Regulations apply: the rules of the Civil Code, the provisions of the Act on special conditions of consumer sales and amendments to the Civil Code, the provisions of the Act on protection of consumer rights and liability for damage caused by dangerous products.

2. All names of products and categories of goods offered for sale by ExArte store are the intellectual property of ExArte Store.

3. These Regulations are valid from August 1, 2016.

4. Nothing in these Regulations is intended to affect the rights of the customer. In case of non-compliance of any part of the Regulations with applicable laws ExArte Store declares unconditional surrender to and application of the law in place of the challenged provision of the Regulations.

5. ExArte Store reserves the right to change the Regulations. Any changes to these Regulations of Sale apply from the date of publication on the website www.szklanebombkichoinkowe.pl.