Terms and conditions of use

§ 1. General provisions

  1.       These Terms of Use (later called the Terms) govern the use of the internet Shop www.posmart.eu (later called the Shop) by the Customers referred to in point 5 herein below (later called the Customers).
  2.       In respect of rendering electronic services these Terms of Use are fully consistent with the terms of use indicated in article 8 of the Act of 18 July 2002 on providing services by electronic means (consolidated text Dz.U. of 2013 pos. 1422).
  3.       Art-M sp. z o.o both owns the internet service at www.posmart.euand runs the internet Shop whereby it sells Goods. Art-M sp. z o.o is a limited liability company with its registered office in Kraków, entered in the Register of Businesses of the National Court Registry kept by the District Court for the City of Krakow in Krakow, XI Commercial Division of the National Court Registry under KRS number: 0000529818, NIP: 6762480591 (later called the Seller).
  4.       Any correspondence concerning the Shop’s activity must be sent to the following email address: sales@posmart.eu, whereas traditional mail (by post) must be addressed to: Art-M sp. z o.o., ul. Halicka 9, 31-036 Krakow, Poland.
  5.       The Customers of the Shop may only include natural persons, legal entities or organisational entities referred to in article 331 § 1 of the Polish Civil Code, conducting in their own name business or professional activity and performing juridical acts in connection with their business or professional activity. A natural person must also be of age and have full capacity to perform juridical acts.
  6.       The Seller makes available on its website various materials and information solely for information purposes. The pictures placed next to the Goods are for demonstration purposes only and may vary from the Goods offered on sale. The information concerning the Goods provided by the Shop, in particular their descriptions, use parameters, sizes, colours and prices, constitute merely an invitation to enter into an agreement within the meaning of article 71 of the Polish Civil Code.
  7.       These Terms of Use are accessible at the Shop’s internet website. Before entering into a contract to provide electronic services and placing an Order for the Goods, the Customer may at all times get acquainted with the contents of the Terms of Use.
  8.       The Customer is obliged to comply with the Terms of Use.
  9.       Where the Seller makes it possible to transfer data, it is forbidden to transfer information or files inconsistent with the law, in particular with pornographic, racist, Nazi or intolerance promoting contents. The Customers are forbidden to provide or post on the Shop’s website any information infringing third party rights, in particular violating personal interests, copyrights, industrial property rights or business enterprise’s secrets.
  10.   The Customer undertakes to redress any damage caused to the Seller by the Customer’s failure to comply with these Terms of Use, in particular providing or posting on the Shop’s website any information infringing third party rights, in particular violating personal interests, copyrights, industrial property rights or business enterprise’s secrets.
  11.   These Terms of Use are not applicable to the particular services provided to the Customer on behalf of the Shop by third parties which are fully liable therefore, unless other specific terms of use concerning such particular services stipulate otherwise.

 

§ 2. Services provided by electronic means

  1.       By way of the internet Shop the Seller provides by electronic means the following services (later called the Electronic services):

1)      providing access to the information placed on the website,

2)      allowing Customers to make Orders concerning the Goods on offer at the Shop, which may lead to entering into sale agreements of Goods (later called the Sale agreements),

3)      providing the Customers with information concerning the Goods available at the Shop,

4)      informing the Customers about the Shop’s offers and promotions,

5)      entering into agreements to provide other services by means of internet websites.

  1.       Before entering into the Sale agreement by means of the Shop’s website the Customer must register with the Shop or must have a User Account with the Shop along with an individual login (email address) and password.
  2.       The Seller may make contingent any provision of service upon the submission of relevant documents or information – by email or by post to the Seller’s registered office – which will authenticate the data introduced into the User Account.
  3.       The Customer is obliged to update the data introduced into the User Account.
  4.       By commencing to use the services provided by the Seller the Customer is deemed to have accepted the Terms of Use and such activity amounts to entering into an agreement to provide services by electronic means. An Agreement to provide electronic services is each time concluded for an indefinite time.
  5.       Once the Customer has registered with the Shop, the Agreement to provide electronic services is terminated when the Customer deletes its User Account, or, where the services are provided without the requirement of registration, such an Agreement is terminated when the Customer leaves the Shop’s internet site.
  6.       At all times the Seller, at its discretion and for no reason, is entitled to terminate the Agreement to provide electronic services with any Customer which registered with the Shop by sending information to that effect to the email address provided by the Customer.

  

§ 3. Making orders

  1.       The way to enter into the Sale agreement with the Shop through its website is as follows: going through all the stages of the ordering procedure on the Shop’s website and confirming the order by clicking the appropriate button,
  2.       Making orders in the way indicated in section 3.1 above is possible solely after the Customer has registered its User Account and logged in using its email address (individual login) and the password generated in the course of the registration procedure.
  3.       The Customer bears the costs of shipping the Goods, including the shipping insurance, as well as the costs of taxes due, levies and duties, and any other costs. The payment for shipment varies depending on the method of shipment and is calculated automatically and presented to the Customer each time before the Sale agreement is concluded.
  4.       The Seller may refuse to process the Order if in particular:

1)     the Goods ordered are no longer available,

2)     it is impossible to process the Order due to the malfunctioning of the Shop’s website,

3)     the personal data introduced by the Customer is false,

4)     the natural person making the Order is a minor or is deprived of full capacity to perform juridical acts,

5)     the Order made raises justifiable objections as to its authenticity,

6)     within 24 hours of making the Order the Shop was unable to confirm that the Order would be processed.

  1.       The Goods indicated as available on the Shop’s internet site may not be available in the Seller’s warehouse.
  2.       The Seller reserves the right to temporarily suspend the Shop’s activity for reasons of maintenance or the need to update.

 

§ 4. Conclusion of Sale Agreement

  1.       The Sale Agreement following the Customer’s Order by way of procedure indicated in § 3 sec. 1 point above may be entered into solely after the Order made has been verified and a message confirming acceptance of the Order for processing has been sent to the Customer’s email address. The incorrectly completed Order form will not be processed.

§ 5. Payment

  1.       On account of performance of the Sale Agreement the Customer is obliged to pay the price for the Goods indicated in the Order and cover the costs of the shipment of the Goods (if appropriate).
  2.       The Customer acknowledges that the information concerning the price indicated on the Shop’s internet website becomes binding upon its confirmation in conformity with § 4 sec. 1 above or upon its presentation in an offer sent by email to the Customer pursuant to § 4 sec. 2 above.
  3.        Payment of the price for the Goods and the shipment costs must be made in advance by way of bank transfer into the Seller’s bank account or by PayPal service.

 

§ 6. Shipment of Goods

  1.       The Goods may be delivered to the Customer in the following manner:

1)     by way of shipment carried out by third parties conducting professional business activity in this respect (DPD or DHL)

2)     by way of releasing the Goods to the Customer in a place indicated by the Seller (the Customer collects the Goods in person, Ex Works).

  1.       The Seller may suspend shipment of the Goods ordered until it has received payment in full for such Goods.

 

§ 7. Complaints

  1.       Any complaints or queries connected with providing electronic services or the Shop’s operations must be made by the Customers:

1) by way of email at: sales@posmart.eu, or

2) by way of phone, at: +48 12 353 03 33

  1.       The Customer may file a complaint within 7 days after the reason therefore has occurred.
  2.       The complaint filed must contain: the Customer’s first and last name/business name, the subject matter of the complaint and the reason therefore, email address of the Customer and the address for correspondence.
  3.       The Seller undertakes to notify the Customer forthwith once the complaint has been processed.
  4.       The Seller’s liability for defects in the Goods sold is governed by the “General terms of sale concluded by Art-M sp. Z o.o.”.

 

§ 8. Personal information

  1.       In the registration form the Customer expresses his consent to have his personal data processed and used for the purpose of:

1)     concluding and performing Sale Agreements stipulated in the Terms of Use,

2)     marketing activity carried out by the Seller in respect of promoting its Goods on offer,

3)     receiving offers for sale and commercial information (newsletter).

  1.       The Seller administers the personal data of the Customers. The Customer may modify its personal data, gain access to it, correct it, change it and withdraw consent to use it.
  2.       In the scope of providing Electronic services the Seller may process the following personal data:

1)     first and last name of the Customer,

2)     personal identification number PESEL or – if the number has not been issued – the passport number, personal card number or other document confirming the identity of the Customer,

3)     the address registered or address of permanent residence,

4)     an address for correspondence, if it is different from the address referred to in point 3) above,

5)     information necessary to verify the Customer’s electronic signature,

6)    Customer’s electronic address.

  1.       The data stipulated in section 3 is necessary to provide Electronic services by the Seller. The Act of 18 July 2002 on providing services by electronic means (consolidated text Dz.U. of 2013 pos. 1422) is applicable in the matters not governed by these Terms of Use to process personal information in respect of providing Electronic services.
  2.       The internet Shop www.posmart.eu shall send to users information files (cookies), which facilitate the use of the website. The information sent is stored on the Customer’s computer allowing the computer to store the files in its memory, to help with recurring visits to the website. The internet Shop’s cookies may be read only by its very website. Blocking the cookies in the browser does not deprive the Customer of the possibility to use the Shop’s website. More information concerning the cookies may be found in Cookie Policy posted on the Shop’s internet website.
  3.       In order to gain access, update or delete your personal data please send an email to: sales@posmart.eu.

 

§ 9. Modification of Terms of Use

  1.       The Seller may modify these Terms of Use.
  2.       The Seller shall inform the Customer about any modification of these Terms of Use by sending a message to that effect to an email indicated by the Customer.
  3.       The Customers who choose not to accept such modification shall notify the Seller thereof by terminating by notice these Terms of Use within 30 days of the day when they were informed of the modification pursuant to sec.2 above.
  4.       The Orders made prior to the entry in force of the modifications to the Terms of Use shall be processed in accordance with its previous provisions.

 

§ 10. Referral

The provisions of the generally applicable law, in particular the provisions of the Polish Civil Code, shall apply to the matters not regulated under these Terms of Use.