Order

Online Store Regulations 

Company Information:

Online store operating at https://nova.agraart.pl is run by Agra-Art SA, with its registered office at 55/63 Wilcza Street in Warsaw 00-679, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000101181, NIP 526-187-92-58, REGON 01247822900000, share capital of PLN 500,150.00.

§ 1 – Definitions:

1. E-mail address – an individual, electronic postal address via which the User can send and receive messages and other data.
2. Article – information text posted on the Store’s website.
3. Database – a collection of data, information and other content provided voluntarily by all Users, which are collected and processed with the User's consent for the purposes of activities performed by the Store.
4. Price List – a list of fees and commissions charged by the Operator in connection with the performance of activities specified in the Regulations.
5. Registration Data – personal data voluntarily provided by the User during the process of registering in the Store or subscribing to the Newsletter, which are collected and processed in an orderly manner in the Store with his consent, for the purposes of services provided within the Store and the implementation of transactions concluded within it.
6. Working day – one day from Monday to Friday, excluding public holidays.
7. Registration Form – Electronic Service provided in the form available in the Store enabling the creation of an Account or subscription to the Newsletter.
8. Contact Form – Electronic Service provided in the form available in the Store enabling sending a message to the Operator.
9. Order Form – Electronic Service provided in the form of an interactive form available in the Store enabling the Buyer to submit to the Operator an offer to conclude a Sales Agreement, in particular by adding Goods to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
10. Civil Code – the Civil Code of 23 April 1964 (Journal of Laws 1964 No. 16, item 93; i.e. Journal of Laws of 2017, item 459, as amended).
11. Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, consolidated text: Journal of Laws of 2017, item 683).
12. Account – Electronic Service, a set of resources in the Operator’s IT system, marked with an individual name (login) and password provided by the User, in which data provided by the User and information about Orders placed by him in the Store are collected.
13. Buyer – User who (1) placed an Order in the Store in order to conclude a Sales Agreement or (2) concluded a Sales Agreement.
14. Operator – the entity managing the Store, which is Agra-Art SA, with its registered office at ul. Wilcza 55/63 in Warsaw 00-679.
15. Regulations – the following regulations together with any annexes and appendices that expressly refer to them and which constitute an integral part thereof.
16. Force majeure – any extraordinary circumstances of an external nature, beyond the control of the Operator, arising after the User accepts the Regulations and impossible to predict, such as: catastrophes, natural disasters, fires, explosions, acts of war and acts of state authorities.
17. Shop – an internet service managed by the Operator, located at goldenmark.com, which consists of a number of elements specific to internet services, through which the User can purchase Goods.
18. Goods – any item offered for sale by the Contractor.
19. Customised Goods – Goods that have been manufactured according to the Buyer’s specifications or Goods that have been clearly customised by the Buyer.
20. Sales Agreement – a sales agreement for Goods concluded or entered into between the Buyer and the Contractor via the Store.
21. Electronic Service – a service provided electronically by the Operator to the User via the Store.
22. User – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who uses the Electronic Services provided by the Store.

§ 2 – Protection of personal data 

1. The administrator of the customer's personal data is Agra-Art SA, with its registered office at ul. Wilcza 55/63 in Warsaw 00-679. The company processes the customer's personal data provided by him/her during the process of registering an account in the online store nova.agraart.pl in order to provide services electronically, i.e. to use the online store www.nova.agraaart.pl, including making purchases in the online store nova.agraart.pl, and also for marketing purposes, including sending a newsletter (if you have received the appropriate consent). More information: privacy policy.
2. The Client has the right to request, among other things, the completion, updating, correction of personal data, temporary or permanent suspension of their processing or their removal - if they are incomplete, outdated, untrue or have been collected in violation of the Act or are no longer necessary for the purpose for which they were collected. The entrusted personal data are stored and secured in accordance with the principles specified in applicable legal regulations.

§ 3 – Orders

1. The online store https://nova.agraart.pl enables Customers to:

• placing orders (purchase offers) for goods available in the online store https://nova.agraart.pl;
• ordering goods prepared at the customer’s individual request from a selected pattern available in the online store;
• concluding distance selling contracts;2. obtaining information about goods and services available in the online store2. The goods presented in the Store do not constitute an offer within the meaning of the Civil Code, they are merely an invitation to submit purchase offers by the User.3. The price of the goods displayed on the Store's website is given in Polish zloty and includes taxes. The Buyer is informed on the Store's website when placing the Order about the total price including taxes of the goods that are the subject of the Order, as well as about the delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. Prices in the Branches may differ from the prices presented on the Store's websites.

  4. The online store accepts orders via the website https://nova.agraart.pl/. Orders are fulfilled in the order in which they are placed.
  5. Placing an order does not constitute its acceptance.
  6. The moment of acceptance of the order is considered to be the moment the ordering party receives information about the availability of the goods and the possibility of assigning the status "sent".
  7. In certain cases, in particular for the purposes of conducting a promotion, the Operator may introduce offer or sale conditions other than the conditions indicated in the Regulations, about which the User will be informed in advance.

§ 4 – Delivery 

1. Goods ordered in the online store https://nova.agraart.pl are delivered via selected courier companies (Fedex, DHL) or Poczta Polska.
2. The time of receipt of the shipment consists of:

• order processing time (payment method, package packing),
• possible time of printing the order made at the customer's individual request,
• delivery time, depending on the selected delivery method.3. Unless otherwise agreed, Agra-Art SA delivers the goods no later than thirty days from the date of conclusion of the contract (acceptance of the offer).

3. The VAT margin invoice is sent together with the goods to the address provided when placing the order. In the event of a missing document, such an event should be reported in order to supplement the deficiencies. After receiving the shipment, the customer should carefully check the condition of the packaging and its contents. In the event of any losses or damages, the customer should perform all actions necessary to establish the carrier's liability. In the event of damage, Agra-Art SA recommends drawing up a damage report.

§ 5 – Payment methods

1. Payment for the goods can be made by the customer:

• • By bank transfer to the account provided by Agra-Art SA,
  • By credit card through electronic payment operator First Data. or Paypal,
  • Via the PayPal electronic wallet operator;

2. Agra-Art SA may establish other, specific terms and forms of payment with the customer. In such a case, the terms and forms of payment indicated in the order confirmed by Agra-Art SA shall apply, as accepted for implementation and fulfillment of any additional requirements related to the agreed terms or form of payment.
3. If the Customer chooses payment by bank transfer or credit card, the Customer must pay the price immediately.

§ 6 – Return of goods by the consumer

1. A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring any costs, except for the costs specified in art. 33, art. 34 sec. 2 and art. 35 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827). The consumer may withdraw from the contract by submitting an appropriate written declaration – a form, the template of which constitutes Annex No. 2 to the aforementioned Act.
2. To meet this deadline, it is sufficient to send the declaration before it expires.
3. The deadline for withdrawal from the contract begins on the day the goods are delivered to the customer by the carrier or, in the case of personal collection, on the day the goods are collected from the registered office of Agra-Art SA, or another place previously agreed with the customer.
4. The return of the goods to the seller should take place immediately, but no later than 14 days from the date of withdrawal from the contract.
5. The cost of returning the goods is borne by the consumer. Agra-Art SA does not refund the consumer additional shipping costs from Agra-Art SA to the consumer, i.e. other than the cheapest standard delivery method offered by Agra-Art SA (e.g. Saturday delivery, international shipping).
6. If the consumer exercises the right to withdraw from the contract after submitting a request in accordance with Art. 15 sec. 3 and Art. 21 sec. 2 of the aforementioned Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827), they are obliged to pay for the services provided until the time of withdrawal from the contract.
7. The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the consumer in the situations described in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827), including in relation to contracts:

• • provision of services if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has performed the service he will lose the right to withdraw from the contract;
  • where the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet his individual needs;
  • where the subject of the service is an item that spoils quickly or has a short shelf life;
  • where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
  • where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery;
  •  for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the deadline for withdrawal from the contract expires and after the entrepreneur has informed the consumer of the loss of the right to withdraw from the contract.

§7 – Quality Guarantee

1. It is essential to keep the proof of purchase of the Product issued by the Seller and attach the indicated document in the event of a complaint about the goods based on the warranty granted by Agra-Art SA.
2. This quality guarantee applies to goods purchased under sales agreements concluded between Agra-Art SA, with its registered office at 55/63 Wilcza Street in Warsaw 00-679, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000101181, NIP 526-187-92-58, REGON 01247822900000, share capital of PLN 500,150.00, and Customers.
3. Agra-Art SA provides the Customer with a guarantee of quality and originality for products made individually by artists, appropriate to the type of materials used and the technique used to make the product.
4. The Customer's rights under the Guarantee granted expire automatically: in the event of any changes, modifications, additions or replacement of the goods or any of their parts by the Customer or an entity other than Agra-Art SA; in the event of using the goods in a manner inconsistent with their intended use and the instructions of Agra-Art SA and in the event that damage or defects in the goods were caused by: harmful radiation, any mechanical damage, or breaking of holograms.
5. The notification of a product defect by the Customer and the initiation of the complaint procedure shall take place upon receipt by Agra-Art SA of the Customer's statement on the notification of a product defect and the defective product. The reported defect shall be verified by Agra-Art SA, which shall determine whether the defect was not caused by the customer's fault. Agra-Art SA shall consider complaints no later than within 14 business days of their receipt. In the event that it is necessary to send the defective product for renovation, the warranty claim consideration period may be extended to 28 business days.
6. Method of delivering goods for warranty repair:
   – the retail customer of the online store is obliged to send the goods at the expense of Agra-Art SA via Poczta Polska, using the cheapest delivery option, to the previously indicated address.
7. If, during the analysis of the validity of the complaint and inspection of the defective goods or their parts, Agra-Art SA finds that the terms of the granted Guarantee have been violated, in particular the goods or their parts have been modified in terms of their physical or legal properties, Agra-Art SA will inform the Customer about this, returning the defective goods to the Customer at their expense and risk, and the Customer is obliged to cover the costs incurred by Agra-Art SA.
8. Agra-Art SA is not obliged to provide the Customer with replacement goods for the duration of the complaint procedure.
9. The Customer should deliver the defective goods to Agra-Art SA in the original packaging in which the goods were received by the Customer, together with all elements delivered to the Customer. The Customer may deliver the defective goods in a replacement packaging that will provide an appropriate level of protection for the goods during transport.
10. The warranty for the sold consumer goods does not exclude, limit or suspend the buyer's rights against the seller of the consumer goods arising from the provisions on warranty for defects in the sold goods.
11. Agra-Art SA – Complaints should be sent to the address below:
    
    Agra-Art S.A.
    Wilcza Street 55/63
    00-679 Warsaw
    tel. +48 502 558 066 or +48 501 367 324
    e-mail: nova@agraart.pl, agra@agraart.pl

§ 8 – Complaints procedure

1. If the purchased goods contain defects, the costs of returning the shipment are covered by Agra-Art SA. The reported defect in the goods is subject to verification by Agra-Art SA, which will determine whether the defect in the goods existed at the time of its delivery.
2. Delivery of goods under complaint is unconditional.
3. The customer sends information about the delivery of the goods to the e-mail address nova@agraart.pl, the customer will receive an e-mail containing the address to which the goods should be sent.
4. The goods should include original packaging to enable safe transport.
5. The use of substitute packaging is permitted, but it must ensure adequate protection during transport.
6. The claimed goods must be accompanied by proof of the contract (e.g. original certificate of authenticity). In the absence of such proofs, Agra-Art SA will consider the complaint, provided that the sale of the goods is confirmed at Agra-Art SA
7. Method of delivering goods under complaint:

• • Delivery of the goods is free of charge; the customer should send the equipment at the expense of Agra-Art SA via Poczta Polska, using the cheapest delivery option, to the previously indicated address.
  • If the goods are not collected after the complaint procedure has been completed, Agra-Art SA is entitled to charge a fee for unauthorised storage of the goods.

§ 9 – Final provisions

1. In contacts with the client, Agra-Art SA uses devices for remote communication (including e-mail and telephone).
2. Agra-Art SA has the right to entrust the execution of the order to a third party (as a subcontractor).
3. Agra-Art SA is liable for defects in items. The principles of liability are contained in the Civil Code.
4. Agra-Art SA informs about the possibility of using out-of-court methods of handling complaints and pursuing claims. The principles of access to these procedures are regulated by separate regulations (e.g. the Act of 15 December 2000 on the Trade Inspection, Journal of Laws 2001.4.25, as amended).
5. In relation to the sale of non-consumer goods, the seller excludes liability under warranty.
6. In accordance with art. 8 sec. 3 item 2 letter b of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002.144.1204, as amended), we inform that the customer is prohibited from posting any information of an unlawful nature or information violating good customs on the websites of our store.
7. The use of the online store https://nova.agraart.pl is possible provided that the IT system used by the customer meets the following minimum technical requirements:

• • Internet Explorer version 10.0 or later with ActiveX support, Java applets, JavaScript and cookies enabled, or
  • Mozilla Firefox version 34.0 or later with Java applets, JavaScript and cookies enabled,
  • minimum screen resolution 1024 x 768 pixelsThe current content of the regulations is available on the website https://nova.agraart.pl.

8. The Regulations of the Online Store https://nova.agraart.pl do not exclude, limit or suspend the rights of customers arising from the Act of 23 April 1964, the Civil Code (Journal of Laws 1964.16.93, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827).