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Terms and Conditions
Before using the online store theartofridingstore.com, the Service Recipients are required to read the Terms and Conditions.
ONLINE STORE TERMS AND CONDITIONS WWW.THEARTOFRIDINGSTORE.COM
I. General provisions
II. Definitions
III. Type and scope of electronic services
IV. Conditions for the provision and conclusion of contracts for the provision of electronic services
V. Conditions for concluding sales contracts
VI. Payment methods
VII. Cost, date and methods of delivery
VIII. Conditions for terminating contracts for the provision of electronic services
IX. Complaints procedure
X. The right to withdraw from the contract
XI. Intellectual property
XII. Final Provisions
I. GENERAL PROVISIONS
1. The online store operating at www.theartofridingstore.com is run by Anna Guzik-Kornacka running a business under the name The Art of Riding Store Anna Guzik-Kornacka entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, address of the place of business: ul. Poludniowa 4; 05-807 Zolwin, Poland,
VAT EU: PL9482460643, REGON: 147126721 , e-mail address: info@theartofridingstore.com, phone: +48 509 632 164.
2. The www.theartofridingstore.com store operates on the terms set out in the Terms and Conditions.
3. The Terms and Conditions define the types and scope of services provided electronically by the Store www.theartofridingstore.com, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services and Product Sales Agreements, as well as the complaint procedure.
4. Each Customer, upon taking steps to use the Electronic Services of the Store www.theartofridingstore.com, is obliged to comply with the provisions of these Terms and Conditions.
5. The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept its provisions at the time of placing the Order.
6. The www.theartofridingstore.com store conducts retail sales of Products only to Consumers via the Internet in Poland and in other European countries.
7. The products offered in the Store are new, free from legal defects and have been legally placed on the Polish market.
8. All trade names, Product names, company names and their logos used on the Store's website at www.theartofridingstore.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store's website at www.theartofridingstore.com are used for informational purposes.
9. In matters not covered by these Regulations, the provisions shall apply
a) the Polish Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
b) the Polish Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827),
c) the Polish Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
II. DEFINITIONS
1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
2. REGISTRATION FORM - a form available on the website www.theartofridingstore.com that allows you to create an Account.
3. ORDER FORM - a form available on the website www.theartofridingstore.com that allows you to place an Order.
4. CONSUMER - a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
5. CUSTOMER - a Service Recipient who is a Consumer who intends to conclude or has concluded a Sales Agreement with the Seller.
6. ACCOUNT - marked with an individual name (login) and password, a collection of resources in the Service Provider's IT system, in which the Service Recipient's data is collected, including information about placed Orders.
7. TERMS AND CONDITIONS - these Store regulations.
8. STORE - the Service Provider's online store operating at www.theartofridingstore.com
9. SELLER, SERVICE PROVIDER - The Art of Riding Store Anna Guzik-Kornacka, ul. Poludniowa 4; 05-807 Zolwin, Poland, VAT EU: PL9482460643.
10. PRODUCT - a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
11. SALES AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller via the Store.
12. SERVICE RECIPIENT - a natural person, legal person or an organizational unit without legal personality, to which the law grants legal capacity, using the Electronic Service.
13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Store.
14. ORDER - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
15. NEWSLETTER - an Electronic Service that allows the Service Recipient to subscribe and receive a free e-mail to the e-mail address provided by the Service Recipient.
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of Electronic Services via the Store, such as:
a) concluding Product Sales Agreements,
b) keeping an Account in the Store,
c) using the Newsletter.
2. The provision of Electronic Services to Customers in the Store takes place on the terms specified in the Terms and Conditions.
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.
IV. CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Provision of Electronic Services specified in Chapter III point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The period for which the contract is concluded:
a) the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.
b) 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 of time and is terminated when the Order is placed or the Customer ceases to submit it.
c) 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:
a) computer with Internet access,
b) access to e-mail,
c) web browser,
d) 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 enter data in accordance with the facts.
6. The Service Recipient is prohibited from providing unlawful content.
V. CONDITIONS FOR CONCLUDING SALE AGREEMENTS
1. 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.
2. The Product price shown on the Store's website includes VAT. The price does not include delivery costs.
3. The Product price shown on the Store's website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store, which may occur for individual Products after the Customer places an Order.
4. Products in promotion (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until the stocks of a given Product run out.
5. In order to place an Order, the Customer is not required to register an Account in the Store.
6. Orders can be placed via the website using the Order Form (www.theartofridingstore.com) - 24 hours a day all year round.
7. The Store carries out Orders placed from Monday to Friday during the Store's working hours, i.e. from 09:00 to 14:00. Orders placed on Working Days after 14:00, on Saturdays, Sundays and public holidays, will be processed on the next Business Day.
8. Conclusion of the Sales Agreement.
a) To conclude a Sales Agreement, it is necessary for the Customer to submit an Order in advance using the methods made available by the Seller.
b) After placing the Order, the Seller immediately confirms its receipt and accepts the Order, which binds the Customer with his Order. Confirmation of receipt and acceptance of the Order for execution takes place by sending an e-mail message containing:
confirmation of all essential elements of the Order,
a declaration of the right to withdraw from the contract,
instruction on the right to withdraw from the contract,
these Regulations.
c) As soon as the Customer receives the e-mail referred to in point 8 lit. b) a Sales Agreement is concluded between the Customer and the Seller.
9. Each Sales Agreement will be confirmed by a proof of purchase that will be attached to the package.
VI. PAYMENT METHODS
1. The Seller provides the following payment methods:
a) payment by traditional transfer to the Seller's bank account,
b) payment via electronic payment services,
c) Payment cards:
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro
The entity providing online payment services is Blue Media S.A.
d) PayPal service for foreign transactions.
2. In the case of payment by bank transfer, the payment should be made to the bank account held with the mBank: IBAN number PL62 1140 2004 0000 3202 7985 2297, BIC number BREXPLPWMBK; by The Art of Riding Store Anna Guzik-Kornacka, ul. Południowa 4; 05-807 Zolwin, Poland, VAT EU: PL9482460643. The title of the transfer should include "Order No. ........". Payments in euro (EUR) can also be made to the euro currency account held with the mBank: IBAN number PL18 1140 2004 0000 3212 1088 2563, BIC number BREXPLPWMBK , by The Art of Riding Store Anna Guzik-Kornacka, ul. Poludniowa 4; 05-807 Zolwin, Poland, VAT EU: PL9482460643.
4. In the case of payment on delivery, the parcel is sent after verification of the correctness of the address data.
5. In the case of payment via electronic payment services, the Customer makes the payment before starting the Order. Electronic payment services allow you to make payments by credit card or quick transfer from selected Polish banks. The product will be shipped only after it has been paid for.
6. 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.
7. In the case of payment by traditional transfer, the Product will be sent only after the payment is credited to the Seller's account.
8. If there is a need to return funds for a transaction made by the Customer with a payment card, the Seller will refund to the bank account assigned to the Customer's payment card.
VII. COST, TIME AND METHODS OF DELIVERY
1. Product delivery costs are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.
2. If the customer chooses the method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.
3. When purchasing products above PLN 600, the cost of delivery by InPost or DPD courier in Poland is covered by the Seller. In the case of returning a part of the order, when the final amount of the purchased products does not exceed PLN 600, the shipping cost is added.
4. Products purchased in the Store are shipped via courier companies.
5. The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
a) The time for completing the Product is from 1 to 5 Business Days.
b) The delivery of the Product by the carrier takes place on the date declared by the carrier, i.e. in Poland from 1 to 2 Business Days (delivery takes place only on Business Days, excluding Saturdays, Sundays and holidays).
VIII. CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of the contract for the provision of Electronic Services:
a) The contract for the provision of Electronic Services of a continuous and indefinite nature (e.g. keeping an Account) may be terminated.
b) 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@theartofridingstore.com
c) 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 unsuccessful 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).
d) 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.
IX. COMPLAINT PROCEDURE
1. Complaints under the warranty:
a) The basis and scope of the Seller's liability to the Customer who is a Consumer, under the warranty covering physical and legal defects, are specified in the Polish Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended)
b) Notifications about defects regarding the Product and submitting a relevant request may be made via e-mail to the following address: info@theartofridingstore.com or in writing to the following address: The Art of Riding Store ul. Poludniowa 4 05-807, Zolwin, Poland.
c) 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 Seller.
d) When it is necessary for the assessment of physical defects of the Product, it should be delivered to the following address: The Art of Riding Store ul. Poludniowa 4 05-807, Zolwin, Poland.
e) The Seller will respond to the Customer's request immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Customer or in another way provided by the Customer.
f) In the case of a complaint from a Customer who is a Consumer - failure to consider the complaint within 14 days is tantamount to its consideration.
In connection with a justified complaint of the Customer who is a Consumer, the Seller covers the costs of collection, delivery and replacement of the Product with a product free from defects.
2. Complaints related to the provision of Electronic Services by the Service Provider:
a) Complaints related to the provision of Electronic Services via the Store may be submitted by the Customer via e-mail to the following address: info@theartofridingstore.com
b) 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.
c) Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days.
d) The Service Provider's response to the complaint is sent to the Customer's e-mail address provided in the complaint or in another manner provided by the Customer.
X. RIGHT TO WITHDRAW FROM THE CONTRACT
1. A customer who is also a consumer who has concluded a distance contract may withdraw from it without giving reasons, by submitting a relevant statement in writing within 14 days. To meet this deadline, it is enough to send a declaration of withdrawal from the contract via traditional mail or e-mail to the following address: info@theartofridingstore.com.
2. In the event of withdrawal from the contract, the Sales Agreement is considered void and the Consumer is released from any obligations. What the parties have testified is returned unchanged, unless the change was necessary within the ordinary management. The Product should be returned to the Seller immediately, not later than within 14 days. The product should be sent to the following address: The Art of Riding Store ul. Poludniowa 4 05-807, Zolwin, Poland.
3. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The return of the money to the Consumer should take place immediately, not later than within 14 days.
4. The Seller will refund the value of the Product using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
5. The consumer withdrawing from the Sales Agreement, in accordance with point 1 of this chapter, bears only the costs of returning the Product to the Seller.
6. The fourteen-day period during which the Consumer may withdraw from the contract is counted from the day on which the Consumer took possession of the Product.
7. The right to withdraw from a distance contract is not entitled to the Consumer in the case of a Sales Agreement:
a) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
b) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery.
8. The right to withdraw from the Sales Agreement is available to both the Seller and the Customer (Consumer) in the event of the other party's failure to perform its obligations within a strictly defined period.
XI. INTELLECTUAL PROPERTY
1. All content posted on the website at www.theartofridingstore.com is protected by copyright and (subject to point 8 of Chapter I) is the property of Anna Guzik-Kornacka, who runs a business under the name The Art of Riding Store Anna Guzik-Kornacka, address of the place of business: ul. Poludniowa 4; 05-807 Zolwin, Poland, VAT EU: PL9482460643, REGON: 147126721. The Service
Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content on the website www.theartofridingstore.com, without the Service Provider's consent.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and content of www.theartofridingstore.com is a violation of the Service Provider's copyright and results in civil and criminal liability.
XII. FINAL PROVISIONS
1. theartofridingstore.com will not be liable for any damage of any kind, physically as well as material and immaterial, including but not limited to direct, indirect, incidental, punitive and consequential damages, arising from the use of the products or misuse of the products or any use which is not in accordance with the prescribed manner of the purpose for which they were designed.
2. Agreements concluded through the Store are concluded in accordance with Polish law.
3. In the event of any incompatibility of any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.
4. Any disputes arising from the Sales Agreements between the Store and Consumers will be resolved first by negotiation, with the intention of an amicable settlement of the dispute. However, if this 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 chapter.
5. Court settlement of disputes:
a) Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
b) Any disputes arising between the Service Provider and the Service Recipient (Client) who is not also a Consumer shall be submitted to the court having jurisdiction over the Service Provider's seat.
6. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application to initiate mediation or an application for consideration of the case by an arbitration court after the end of the complaint procedure (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.
7. In order to settle 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/.