TERMS AND CONDITIONS OF THE WEBSITE
WWW.ARTGRANIT.PL
§ 1
GENERAL PROVISIONS
1. www.artgranit.pl Service operates on the basis of the rules set out in these Regulations.
2. Regulations define the types and scope of services provided electronically by the www.artgranit.pl Service, the rules for the provision of these services, the conditions for the conclusion and termination of agreements for the provision of electronic services, as well as the procedure for complaints.
3. Each Service Recipient is obliged to comply with the provisions of these Regulations upon taking action to use the Electronic Services of the www.artgranit.pl Service.
4. Service www.artgranit.pl provides space for Service Recipients to make inquiries and obtain information on the activities of the Service Provider.
5. In matters not covered by these Regulations, the following provisions shall apply:
5.1. the Act on Provision of Electronic Services of 18 July 2002,
5..2. the Act on Consumer Rights of May 30, 2014,
5.3. the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016,
5.4. the Civil Code Act of April 23, 1964,
5.5. and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
1. TERMS AND CONDITIONS – these rules and regulations of the Service.
2. SERVICE – the Service Provider’s website operating at www.artgranit.pl.
3. SERVICE PROVIDER – Robert Noga performing business activity under the name ROBERT NOGA ART GRANIT registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the Minister competent for economy, place of business and address for delivery: Aleja Wojska Polskiego 75, 58-150 Strzegom, registered office address: 7 Górnicza Street, 58-130 Żarów, NIP: 8842183904, REGON: 020228868, electronic mail address (e-mail): biuro@artgranit.pl, telephone number: + 48 607 211 591. 4. SERVICE USER – a natural person, legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service. 5. ORDER – Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller. 6. CONSUMER – a natural person who performs a legal action with an entrepreneur not directly related to his/her business or professional activity. 7. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Site. 8. NEWSLETTER – Electronic Service allowing the Customer to subscribe to and receive at the e-mail address provided by the Customer free information from the Service Provider concerning the Site. 9. CONTACT FORM – a form available on the website www.artgranit.pl allowing to send a message to the Service Provider. 10. OPINION SYSTEM – Electronic Service made available to Clients by the Service Provider, allowing them to post opinions regarding the Site and Products.
§ 3
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. the Service Provider makes it possible through the Website to use Electronic Services such as:
1.1. Newsletter,
1.2. Opinion System,
1.3. Contact Forms.
2. the provision of Electronic Services to Service Recipients on the Website takes place under the terms and conditions specified in the Regulations.
3. the Service Provider has the right to post advertising content on the Website. Such content, is an integral part of the Website and the materials presented therein.
§ 4
PRODUCTS
1. www.artgranit.pl sells Products remotely and stationary.
2. Products offered on the Site are in accordance with the contract and have been legally introduced into the Polish market.
3. Information on the website of the Site does not constitute an offer within the meaning of the law. The Client, by placing an Order, makes an offer to purchase a particular Product under the terms and conditions specified by the Service Provider.
4. The price of the Product shown on the Website is given in Polish zloty (PLN) and represents an approximate valuation of the Product. The final price will be presented through an individual e-mail offer. The price does not include the cost of delivery.
5. The Seller clearly informs the Customers about the Unit Prices and promotions and reductions in the Product Prices. In addition to the information about the reduction of the Product, the Seller shall make visible the lowest Price of this Product, which was in effect during the period of 30 days before the introduction of the reduction, and if the Product is offered for sale for less than 30 days – the Seller shall make visible the lowest Price of the Product, which was in effect during the period from the date of commencement of offering this Product for sale until the date of introduction of the reduction. (6) Orders can be placed via e-mail to: biuro@artgranit.pl. 7. it is a condition for the Customer to place an Order on the Site that he/she is familiar with the Terms and Conditions and accepts their provisions at the time of placing the Order. (8) The Service shall process Orders placed from Monday to Friday during the Service’s working hours, i.e. from 7:00 a.m. to 4:00 p.m. on working days. Orders placed on working days after 4:00 p.m. on Saturdays, Sundays and holidays will be processed on the next working day.
9. Products on promotion (sale) have a limited number of pieces and Orders for them will be processed in the order of their receipt until the stocks of a given Product are exhausted.
10. General terms of delivery of Products.
10.1. The Service Provider shall provide the Customer with the loading of goods on the Seller’s premises, previously indicated to the Customer when determining the terms of execution of the Order.
10..2 At the written request of the Customer, the Product may be packaged according to the indications and requirements of the Customer, this involves additional charges.
10.3 The Customer is obliged to provide an access road, which can be accessed by a truck with a capacity of 40 tons.
10.4. www.artgranit.pl informs that the Service Provider conducts wholesale and retail sales of Products, on the territory of Poland and in other countries of the European Union.
10.5. These terms and conditions of sale and delivery are an integral part of all offers and contracts for delivery of Products by the Seller, both current and future business relations. Terms deviating from these and any subsequent agreements require for their validity the written acceptance of the Seller.
10.6. The condition for the execution of an order is a written confirmation of its acceptance by Art Granit.
10.7. Orders are accepted only subject to the possibility of delivery.
11. Characteristics of the Products.
11.1. The Seller stipulates that the sandstone from which the goods are made is a natural material.
Individual boards or elements may differ in shade, texture which the presented products and samples may not reflect. Any differences in the aforementioned are not a reason for complaint. Also, a complaint arising from the structure of the material will not be recognized: micro-cracks, discoloration, overgrowth, local inconsistency of the structure, rust stains and pitting are not a sign of defects, but evidence of the authenticity of natural stone. The above-mentioned characteristics are not considered defects and are not used as a reason to reject the material. The product is an item marked as to grade, the individual copies of which are not the same.
11.2. INSTRUCTIONS FOR USING THE STONE – violation of the instructions may result in the non-recognition of the customer’s complaint.
11.2.1. For maintenance and cleaning of the stone, use natural stone agents, before using new natural stone agents, apply in an inconspicuous place.
11.2.2. For snow removal, use brooms and trowels with soft end caps. Do not use salt or agents that can damage the stone for snow removal. Any cavities in the joints must be repaired immediately. Failure to do so may result in the destruction of stone elements. Do not load the stone pavement beyond the designed one. The surface of sandstone in the structure of raw, ground, brushed, polished according to the standards is not non-slip. Polished sandstone, is not recommended for use outdoors due to the possibility of tarnishing of the polish.
11.2.3 When using polished stone outdoors, the customer takes full responsibility for it in terms of wear and tear. It is not a basis for a complaint to impregnate the stone with a darkening impregnator and then fade it for this reason.
11.3. FOR ALL PRODUCTS WITHOUT PERMANENT SANDSCAPE
11.3.1. Due to the natural origin of the stone, ART GRANIT reserves the possibility of the occurrence of minor differences in the shade of selected color, stone structure and color, as well as possible efflorescence or rusting, the layout of the use, micro-cracks and overgrowth compared to the preview photos, samples and our Products presented on the website.
11 11.3.2 These slight discrepancies are a natural phenomenon, characteristic of materials shaped by nature, are not a sign of defects, but evidence of the authenticity of natural stone. Standing water in the laying layer may cause moisture stains or salt crystal efflorescence and chipping of disturbed stone during processing.
11.3.3. The above-mentioned characteristics are not considered defects and cannot be the basis for complaints as ordinary features and characteristics of the Product.
11.3.4. Salt and other similar agents must not be used. For installation, use a suitable adhesive for natural stone which will not penetrate the natural stone.
11.3.5. With rough-hewn elements, tool marks and cut surfaces are visible.
11.3.6. The tolerance of differences in dimensions depends on the size of the Product.
11.4. FOR PRODUCTS WITH PIASCOW
11.4.1. The Seller reserves that sandstone, from which the Product is made, is a natural material and may differ in shade, texture, micro-cracks, discoloration, overgrowth, local lack of structural integrity, rust spots and pitting, which the presented products in comparison with reference photos, samples and our Products presented on the website may not reflect.
11.4.2 Any differences are not a reason for complaint. Also, a complaint arising from the structure of the material will not be recognized: micro-cracks, discoloration, overgrowth, local inconsistency of the structure, rust stains and pitting, and chipping of disturbed stone during processing, which may occur after installation. The above are not an indication of defects, but evidence of the authenticity of the natural stone and a natural characteristic of the Product.
11.4.3 The above-mentioned characteristics shall not be considered defects and shall not be used as a reason to reject the material. The above-mentioned properties shall not be considered as grounds for accepting the Customer’s complaint, as such deviations are natural properties of the material.
11.4.4. Salt and other similar agents shall not be applied to the Products.
11.4.5. For installation, use a suitable adhesive for sandstone and natural stone that will not penetrate sandstone and natural stone. Sandstone should be properly impregnated.
11.5 PACKAGING INFORMATION
11.5.1 For Products with naturally sharp edges and corners, during packing into bags and transportation during the movement of cubes in the bags, damage to the bags may occur – cutting, which also involves longer unloading.
11.5.2 The situation specified in paragraph 11.3.1 of this section shall not be considered as a defect and as a reason for a legitimate complaint about the Product.
11.5.3 Salt and similar agents shall not be applied to any Products of natural origin.
§ 5
INQUIRIES
1. inquiries submitted through the Site are processed immediately by the Service Provider, and contact is established by e-mail, to the address indicated in the Contact Form.
2. submission of an inquiry through the appropriate Form does not constitute the conclusion of a contract of sale and does not impose any obligations on the Client and the Service Provider.
3. the response to the inquiry prepared and sent by the Service Provider to the Client does not constitute an offer to conclude a contract within the meaning of the Civil Code, but only a presentation of services and Products available from the Seller. The moment of conclusion of the Sales Contract is the moment when the Seller sends a confirmation of the Order to the Customer via e-mail.
4. Details of any future contract will be agreed individually with each Customer when negotiating.
5. When concluding the Contract and paying the advance/full price, the Customer should familiarize himself with the appearance of the Product, accept the provisions of the General Terms and Conditions of Sale and Delivery (GTSD) available on the Seller’s website: www.artgranit.pl and the results of all technical tests and provisions of any offers, quotations and Contracts between the Seller and the Customer.
§ 6
PAYMENTS
1. payment should be made to the bank account number 34 2490 0005 0000 4500 1349 1205 (Alior Bank) ROBERT NOGA ART GRANIT, Górnicza 7, 58-130 Żarów, NIP: 8842183904. In the title of the transfer, please write “Order nr……..”
2. The Customer is obliged to prepay the price of the Sales Agreement, unless the Sales Agreement provides otherwise. The condition for accepting the Order for execution is to make a payment of 50% or 100% of the value of the Order (depending on the concluded Agreement).
3. The amount not paid with the Order must be paid by bank transfer – before collecting the Product. The Product will be released after the payment is credited to the Seller’s account, and the advance payment will be settled on the last delivery of the Product. (4) The amount of the bill (credit note) is generally calculated on the date of delivery of the Product, unless otherwise agreed in writing. (5) The Product shall be delivered or made available upon payment. (6) In the event of non-payment referred to in this paragraph, the Seller reserves the right to suspend the release of the Product or its production in the case of an individual and non-refabricated Product. (7) In the event of suspension of production or delivery due to non-payment and the occurrence of a delay in delivery as a result, the Customer shall not be entitled to claim compensation.
§ 7
SUPPLIES
1. delivery costs of the Product are determined during the process of placing the Order and depend on the method of delivery of the purchased Product. Delivery takes place only from Monday to Friday, excluding holidays and public holidays.
2. Purchased Products are shipped via shipping companies, transport companies or collected by the Customer in person.
3. The Customer may collect the Product in person at the address indicated by the Service Provider, after prior arrangements with the Customer.
4. Products are packed on a generally accepted basis. Masonry stone, slabs, curbs, resistors, palisades, slate and stone products are placed on disposable pallets, while cubes, aggregate and pebbles are loaded in bulk or in disposable big-bags. We provide free loading of goods. Products sold in bulk are loaded onto self-unloading vehicles, while those on pallets and in bags are loaded onto box trucks from the side. (5) Unloading is carried out by the customer with the help of appropriate equipment, in the case of loose materials, depending on the technical possibilities of the means of transport, it must be dumped or it will be sprung. (6) At the written request of the customer, the goods can be packed according to the indications and requirements of the customer for an additional fee. (7) Any subsequent changes or additions are valid after written (or documentary) confirmation of both parties. (8) Arrangements by telephone as to the date of delivery shall require written confirmation. (9) Unloading is the responsibility of the Customer and at his expense (or at the expense of the Seller, if this is clearly confirmed in the offer). 10. the Customer shall provide adequate access and unloading location for the delivery truck. Unloading on site, on the side. During unloading, Customer must provide suitable equipment such as a wheel loader OR forklift! a. Forklift or wheel loader must lift from about 2 tons.
11. Delivery of loose materials “dump truck” lifts the trailer, there must be no obstacles such as high voltage lines or trees nearby. In the case of a dump truck, the parameters of access and unloading must be maintained as in paragraph 10 of this paragraph and the paved road.
12. In case of inability to unload, the Customer will provide the location confirmed by the driver. The Seller shall not be liable for Product not delivered or unloaded due to the aforementioned lack of access or unloading possibility.
13. Unloading, entry and exit must be provided in an optimal location for overall safety.
14. The Seller’s offer includes: 1 hour of free unloading of the truck (each additional 1 hour at a cost of PLN 300.
15. The offer referred to in point 14 of this paragraph does not include:
a. storage fees or possible costs of downtime/stoppage of delivery,
b. transport insurance,
c. tipping chassis,
d. customs revision, depending on the delivery option.
16.If you notice any defects or shortages that may have occurred in transit, please kindly make a written documentation with photos and description on the delivery document WZ/CMR received from the driver and send the written information as soon as possible together with the delivery document WZ/CMR to the Seller (ArtGranit).
§ 8
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. provision of Electronic Services specified in § 3 point 1 of the Regulations by the Service Provider is free of charge.
2.Period for which the agreement is concluded:
2.1. agreement for the provision of Electronic Services consisting of using the Newsletter is concluded for an indefinite period of time,
2.2. agreement for the provision of Electronic Services consisting of using the Feedback System is concluded for a definite period of time and is terminated at the time of posting an opinion or ceasing to use this Service by the Customer,
2.3. the contract for the provision of Electronic Services consisting of the possibility of sending a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated at the time of sending the message or discontinuance by the Service Recipient.
3.. technical requirements necessary for the operation of the ICT system used by the Service Provider:
3.1. computer (or mobile device) with access to the Internet,
3.2. access to e-mail,
3.3. web browser,
3.4. enable Cookies and Javascript in the web browser.
4The Customer is obliged to use the Site in a manner consistent with the law and morality, taking into account respect for personal rights and intellectual property rights of third parties.
5. The Customer is obliged to enter data in accordance with the facts.
6. The Customer is prohibited to provide unlawful content.
§ 9
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
(1) Complaints related to the provision of Electronic Services through the Site may be submitted by the Customer via e-mail to: biuro@artgranit.pl
2. In the above e-mail, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite consideration of the complaint by the Service Provider.
3. The Service Provider’s consideration of the complaint shall take place immediately, no later than within 14 days from the date of notification.
4. The Service Provider’s response to the complaint shall be sent to the Client’s e-mail address provided in the complaint notification or in any other manner provided by the Service Provider.
§ 10
TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of agreement for the provision of Electronic Services:
1.1. agreement for the provision of Electronic Services of continuous and unlimited character (Newsletter) may be terminated,
1.2. The Customer may terminate the agreement with immediate effect and without indicating reasons by sending an appropriate statement via e-mail to: biuro@artgranit.pl
1.3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and perpetual nature in the event that the Customer violates the Terms and Conditions, in particular when he provides content of an unlawful nature after an ineffective prior request to cease violations with setting an appropriate deadline. The Agreement in such a case expires after 7 days from the date of submission of a statement of intent to terminate the Agreement (notice period).
1.4 termination leads to termination of the legal relationship with effect for the future.
2. The Service Provider and the Customer may terminate the Agreement for the provision of Electronic Services at any time by mutual agreement of the parties.
§ 11
PRODUCT COMPLAINT
1 Warranty claim.
1..1. all Products offered on the Site have a warranty (manufacturer’s/vendor’s) valid on the territory of the Republic of Poland,
1.2. the warranty period for the Products is 12 months and is calculated from the date of delivery of the Product to the Customer,
1.3. the document entitling to warranty protection is the proof of purchase,
1.4. Guarantor’s data, detailed information about the goods covered by the guarantee, data concerning the duration and conditions of the guarantee, as well as the Customer’s rights under the guarantee are contained in the order confirmation,
1.5. the guarantee does not exclude the rights of the Consumer and the entity referred to in § 14 of the Terms and Conditions for non-compliance of the Product with the Sales Agreement, specified in the Act on Consumer Rights, which the Consumer and the entity referred to in § 14 are entitled to by law.
2.Complaint for non-compliance of the Product with the contract.
2.1. the basis and scope of the Seller’s liability to the Customer who is a Consumer or an entity referred to in § 14 of the Terms and Conditions for non-compliance of the Product with the contract are set forth in the Consumer Rights Act of May 30, 2014,
2.2. the basis and scope of the Seller’s liability to the Customer who is an Entrepreneur referred to in § 13 of the Terms and Conditions for warranty are set forth in the Civil Code Act of April 23, 1964,
2.3. the Seller is responsible to the Customer who is a Consumer or an entity referred to in § 14 of the Terms and Conditions for the lack of compliance of the Product with the agreement existing at the time of delivery of the Product and disclosed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on behalf of the Seller is longer,
2.4. notification of the lack of compliance of the Product with the agreement and the submission of an appropriate request can be made via e-mail to: biuro@artgranit.pl or in writing to the address: 75 Wojska Polskiego Avenue, 58-150 Strzegom,
2.5. in the above written or electronic message, you should provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller,
2.6. for the assessment of irregularities and non-compliance of the Product with the agreement, the Consumer or the entity referred to in § 14 of the Terms and Conditions are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense,
2.7. the Seller shall respond to the Client’s request immediately, no later than within 14 days of its receipt,
2.8. in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 14 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
2.9. A Customer who is a Consumer or an entity referred to in § 14 may demand first to replace or repair the Product by the Seller. Reduction of the price and withdrawal from the contract, the Customer may demand only in the cases indicated in the Law on Consumer Rights of May 30, 2014. (inter alia, if the non-conformity of the goods with the contract is material, if the Seller refused to bring the goods into conformity with the contract, or if the non-conformity of the goods with the contract continues, despite the fact that the Seller has already tried to bring the goods into conformity with the contract),
2.10. in connection with a legitimate complaint from a Customer who is a Consumer or an entity referred to in § 14 of the Regulations, the Seller respectively: a) cover the costs of repair or replacement and redelivery of the Product to the Customer, b) reduce the price of the Product (the reduced Price must remain in the proportion of the Price of the goods in conformity with the contract to the goods not in conformity with the contract) and return to the Consumer or entity, referred to in § 14 the value of the reduced Price at the latest within 14 days from the receipt of the statement on the reduction of the Price from the Consumer or the entity referred to in § 14, c) in the case of withdrawal from the contract by the Consumer or the entity referred to in § 14 – the Seller returns to him the Price of the Product at the latest within 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 14 is obliged to immediately return the goods to the Seller at the expense of the Seller,
2.11. the response to the complaint is provided on paper or other permanent medium such as email or SMS.
§ 12
RIGHT OF WITHDRAWAL
(1) Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 14 of the Terms and Conditions, who has concluded a contract remotely may withdraw from it without giving reasons by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send a statement of withdrawal provided by the Site.
2. In the event of withdrawal from the contract, the Sales Agreement is considered unconcluded, and the Consumer or the entity referred to in § 14 of the Terms and Conditions are obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration.
3. In case of withdrawal from the Sales Agreement, the Product should be returned to the address: Wojska Polskiego Avenue 75, 58-150 Strzegom.
4. The Consumer or the entity referred to in § 14 of the Terms and Conditions shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 14 of the manner and time limit for exercising the right of withdrawal, and has not provided him with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 14 of the Terms and Conditions should handle and inspect the Products only in the same manner as they could do in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with its delivery costs using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 14 of the Terms and Conditions expressly agreed to a different method of return that does not involve any costs for them. Subject to Section 7 of this paragraph, the refund shall be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement. (6) If the Consumer or the entity referred to in § 14 of the Terms and Conditions have chosen a method of delivery of the Product other than the cheapest ordinary means of delivery offered by the Service, the Seller shall not be obliged to reimburse them for the additional costs incurred by them. (7) If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 14 of the Terms and Conditions, the Seller may withhold reimbursement of payments received from the Consumer until it receives the goods back or the Consumer or the entity referred to in § 14 of the Terms and Conditions provides proof of its return, whichever event occurs first. (8) The Consumer or the entity referred to in § 14 of the Terms and Conditions withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the costs of returning the Product to the Seller. 9. the fourteen-day period in which the Consumer or the entity referred to in § 14 of the Terms and Conditions may withdraw from the contract shall be calculated:
9.1. for an agreement in the performance of which the Seller releases the Product being obliged to transfer its ownership – from the date on which the Consumer or the entity referred to in § 14 of the Terms and Conditions (or a third party other than a carrier indicated by them) took possession of the Product,
9.2. for a contract that includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, its batch or part,
9.3.
for an agreement consisting in a regular delivery of a Product for a definite period of time – from taking possession of the first Product,
9.4. for other agreements – from the date of conclusion of the agreement.
10The right of withdrawal from the agreement concluded remotely does not apply to the Consumer or the entity referred to in § 14 of the Terms and Conditions in the case of Sales Agreement:
10.1 in which the subject of the performance is the goods not prefabricated, produced to the consumer’s specification or serving to meet his individualized needs,
10.2 in which the subject of performance are goods, which after delivery, due to their nature, are inseparably combined with other things,
11. The right of withdrawal from the Sales Agreement is vested in both the Seller and the Customer in the event of non-performance by the other party to the contract of its obligation within a strictly defined period.
§ 13
PROVISIONS FOR ENTREPRENEURS (B2B)
1 This paragraph contains provisions concerning only entrepreneurs not covered by the protection of the Consumer Rights Act, referred to in § 14 of the Terms and Conditions.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller has the right to limit, in relation to Customers who are not Consumers, the methods of payment made available by him, including requiring prepayment of part or all of the sales price, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
4.The benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer from the moment the Seller releases the Product to the carrier. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the moment of acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the consignment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the consignment at the time and in the manner usual for consignments of this type. If he finds that there was a loss or damage to the Product during shipment, he is obliged to perform all actions necessary to determine the liability of the carrier.
6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient who is not a Consumer a statement of termination.
7. Samples and samples of Products should be considered as demonstrative materials with regard to quality, sizes and colors. Individual Products may differ in shade, texture which the presented products and samples may not reflect. There may be some differences, typical of natural materials. We reserve the possibility of deviations in the appearance of stones, which are their natural characteristics. These discrepancies are a natural phenomenon characterizing materials shaped by nature and cannot be the basis for a complaint. Also, overgrowth, discoloration, micro-cracks, voids, local inconsistency of structure, pitting and rust pitting are not a sign of defects, but confirm the authenticity of natural stone can not be a reason for complaint. With raw-hulled elements are visible tool marks and dimensional tolerance depending on the size of the Products. 8.All data on coverage and number of pieces per m² are approximate and not binding. 9.Defective delivery may be resold, processed only after written approval of the Seller, or If the Customer nevertheless decides to process, resell, embed the defective goods without obtaining written approval of the Seller, or if visible defects (e.g. breakage), are reported to the Seller only after processing, all rights of complaint are extinguished. (10) Mounted goods, after processing or resale, are not subject to complaint. (11) The customer entering for the first time in cooperation with the company Art Granit is obliged to provide company registration documentation (NIP, REGON, extract from the National Court Register, or the relevant authority, ).
12.Until the signing of the contract, our offer is an estimate and does not constitute a commercial offer under the Civil Code. 13. in case of payments received later than according to the invoice, after the date of issue, late interest will be charged at 5% higher than the interest rate of the issuing bank, as well as expense costs. (14) In the event of payment not in accordance with the provisions of the contract, the Seller may himself take back the goods in the meantime or demand their return. The resulting costs (in particular, transportation costs) shall be borne by the Customer.
15. In the event of a delay in payment or the state of declaration of compensatory or bankruptcy proceedings of the Customer, all outstanding payments have an immediate maturity. At the same time, all discounts granted are forfeited, thus the Customer must pay according to the gross prices in effect at the time, in accordance with the price list. If the Customer’s situation deteriorates, the Seller has the right to demand a promissory note.
16. The given lead times before the acceptance of an official order are to be considered approximate. The deadlines specified in the order, after its confirmation, are binding.
17. Failure to collect the goods within the period established and confirmed by Art Granit Order, or withdrawal from the execution of the order on the day following the date of the order, entitles Art Granit to issue a VAT invoice and demand payment of the amount due for the order and statutory interest.
18.. the Customer shall be obliged to perform acceptance on the date of delivery and to immediately notify the Seller of any quantity shortages or quality defects revealed upon delivery.
19. In the event of unjustified refusal to accept the goods, the costs and damages resulting therefrom, as well as additional transportation costs, shall be borne by the Customer. Returns of delivered goods without prior written consent of the Seller will not be accepted.
20. Collection of the ordered assortment is carried out by the ordering party or an authorized person. Upon receipt, the goods must be immediately inspected by the Customer.
21. All deliveries are made subject to ownership. Also, in the event of further disposal or processing, by legal action, Art Granit shall have title to the goods until all outstanding payments by the Customer are paid in full. The customer may not by legal action dispose of, process or transfer the goods to third parties for processing, as long as he is in default of payment. No pledging or transfer of property to secure claims is permitted.
22. Before any pledging or other infringement of our rights by third parties, the Customer must obtain the Seller’s written consent. In the event of resale or processing of the goods, the receivables arising at that time shall be transferred to Art Granit (assignment).
23. The pledge of ownership and assignment shall remain in effect until the receivables due to Art Granit are paid in full. If the Customer, during the sale of the reserved goods to third parties, excludes the cession of rights (assignment) to others (thus to Art Granit), thus in legal terms no legal action will be taken. If third parties have access to the reserved goods, the Customer is obliged to inform them of Art Granit’s right of ownership, and immediately inform Art Granit in writing of this situation.
The resulting costs and damages are charged to the Customer.
24. The execution of the order is dependent (in the case of organization of transportation by the Seller) on the capabilities of the shipping company. Delivery dates are agreed on an ongoing basis between the Seller and the Customer, however, they cover the agreed period of order execution. Permissible postponements of delivery dates up to 7 working days. (25) The date of delivery of goods shall be considered as goods released from the warehouse. (26) In the event of the Customer’s failure to comply with the terms of the contract, Art Granit reserves the right to suspend the execution of the order. (27) Events caused by force majeure that occur after acceptance of the order, as well as delivery beyond the control of the parties shall release Art Granit from its obligations under the order (contract). (28) Events caused by force majeure that occur after acceptance of the order as well as delivery beyond the control of the parties shall relieve Art Granit from its obligations under the order (contract). (29) Full responsibility for the technical requirements of the granite material is borne by the Customer, whose responsibility it is to specify all necessary parameters in the content of the request for quotation. Lack of such information, entitles the Seller to submit an offer according to his own interpretation.
§ 14
PROVISIONS FOR ENTREPRENEURS ON THE RIGHTS OF CONSUMERS
(1) A sole trader (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the contract he enters into with the Seller is directly related to his business activity, but the content of the contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity.
2. Entrepreneur referred to in Section 1 of this paragraph is covered only in terms of:
2.1. prohibited contractual provisions,
2.2. liability for non-compliance of the Product with the contract,
2.3. right of withdrawal from the contract concluded at a distance,
2.4. rules concerning the contract for the supply of digital content or digital service.
3. Entrepreneur referred to in point 1 of this paragraph loses his rights under consumer protection in the event that the Sales Agreement that he has concluded with the Seller has a professional nature, which is verified on the basis of the entry of this entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Business Activity indicated there.
4Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the Office of Competition and Consumer Protection.
§ 15
INTELLECTUAL PROPERTY
(1) All content posted on the website at www.artgranit.pl is protected by copyright and (subject to § 15.3 and the elements posted by the Service Recipients, used by the Service Provider under license, transfer of copyright or fair use) is the property of Robert Noga doing business under the name ROBERT NOGA ART GRANIT entered in the Central Register of Business Activity and Information of the Republic of Poland conducted by the Minister responsible for economic affairs, place of business and address for delivery: Aleja Wojska Polskiego 75, 58-150 Strzegom, registered office address: 7 Górnicza Street, 58-130 Żarów, NIP: 8842183904, REGON: 020228868, electronic mail address (e-mail): biuro@artgranit.pl, telephone number: + 48 607 211 591. The Customer shall be fully liable for any damage caused to the Service Provider, resulting from the use of any content of www.artgranit.pl without the consent of the Service Provider.
2Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.artgranit.pl constitutes an infringement of the copyright vested in the Service Provider and will result in civil and criminal liability.
3. All trade names, company names and their logos used on the Website at www.artgranit.pl belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Website at www.artgranit.pl are used for informational purposes.
4. The Client, by submitting files and other content to the Website, confirms his/her right to dispose of them and assumes sole responsibility for infringement of author’s economic and related rights, as well as personal rights of third parties, and in the event that any person makes any claims or demands against the Service Provider, undertakes to indemnify the Service Provider against any liability for infringement and fully satisfy any claims of third parties in this respect.
§ 16
RESPONSIBILITY
1 The Service Provider shall use its best efforts to ensure that the data available on the Website is complete and up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits allowed by law.
2. the Service Provider shall comply with all obligations required by Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) and shall designate a point of contact within the meaning of the Digital Services Act (DSA) at the place of its registered office referred to in § 2 of these Terms and Conditions or at the following email address: biuro@artgranit.pl.
3. It is unacceptable to post unlawful content via the Service (through comments, opinions, etc.), as well as content:
a. unrelated to the subject matter of the Service,
b. unjustifiably violating the good name of the Service Provider,
c. containing words commonly regarded as uncensored,
d. promoting activities competitive to the Service Provider.
4. In the case of publication of content referred to in paragraph 3, the Service Provider has the ability to moderate it (refusal to publish content, deposition of content, removal of content, preventing access to content, limiting or disabling the monetization of content, suspension or termination of user’s account, suspension or termination of service to the user).
5. In the case of automatic moderation of content published by the Service Recipients through the algorithm, the Service Recipients do not lose the right to appeal the decision of the Service Provider. An appeal can be made via e-mail address: biuro@artgranit.pl. When appealing, it is necessary to briefly describe the facts that occurred and justify the reasons for the appeal. The Service Provider will consider the appeal in the manner indicated by the provisions of the Digital Services Act within 14 days.
6. a Service Recipient who finds a violation of the rules described in this paragraph has the opportunity to report the unauthorized content published on the Site via e-mail address: biuro@artgranit.pl.
7. The notification referred to in Section 6 must contain the following elements:
a. a sufficiently substantiated explanation of the reasons why the Service Recipient alleges that the relevant information constitutes illegal content;
b. a clear indication by the Service Recipient of the exact electronic location of the information, such as the exact URL(s) and, if applicable, additional information to identify the illegal content, according to the type of content and the specific type of hosting service;
c. The name and surname or name and email address of the Service Recipient making the report, except for a report concerning information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU;
d. a statement confirming the Service Recipient making the report’s good faith belief that the information and allegations contained therein are correct and complete. (8) The Service Provider shall acknowledge receipt of the notification referred to in Section 6 of this paragraph and shall inform the Service Provider of its positive or negative consideration without undue delay.
(9) In the event that the notification referred to in Section 6 is considered legitimate, the Service Provider shall, as far as possible, inform the Service Recipient responsible for the violation of the fact of moderation of his published content with the required justification. (10) In the event that the Service Provider acquires any information giving rise to a suspicion that a crime has been committed, is being committed or may be committed that threatens the life or safety of a person or persons, it shall immediately inform law enforcement or judicial authorities of its suspicion, together with the reasons for its suspicions and the transmission of information known to it. (11) The Service Provider shall inform Service Recipients of significant changes to the Terms and Conditions. 12. the Service Recipients shall be fully liable for any violation of the law or damage caused by their actions on the Site, in particular, the provision of false data, disclosure of classified information or other legally protected secrets, violation of personal rights or copyright and related rights, as well as processing of personal data of the Service Recipients in violation of the purposes of the Site or the provisions of the Personal Data Protection Act. 13. the Service Provider undertakes, to the extent possible, to inform Service Recipients in advance of possible disruptions in the operation of the Site, in particular of interruptions in access. 14. the Service Provider shall make every effort to ensure the proper functioning of the Site in terms of formal and legal aspects. 15. the Service Provider shall take into account any changes in legislation and update the Service in accordance with these changes. 16. the Service Provider shall update the Service system without charging additional costs to the Service Recipients. 17. the Service Provider shall take all measures to protect the data of the Service Recipients. 18. The Service Provider shall not be liable to Service Recipients who are Entrepreneurs: (a) for any damages and losses, directly or indirectly (including damages for loss of business profits, business interruption or loss of business information and other property damage), arising from the use, inability to use or malfunction of the Site’s software, damages resulting from the shutdown or failure of the ICT system, power grid failure, (b) in connection with the improper use of the Site by a Client who is not a Consumer and the malfunction of computer hardware, computer software or communications system, by means of which the Client connects to the Site’s system, c) for any damage resulting from errors, failures and interruptions in the operation of the Site or caused by improper recording or reading of data downloaded by the Clients,
d) for interference with the proper operation of the Site, as well as loss of data of Service Recipients who are not Consumers resulting from force majeure or third parties,
e) for actions of third parties consisting of use of data and materials placed on the Site contrary to generally applicable law or the Terms and Conditions,
f) for inability to log on to the Site system caused, in particular: connection quality, failure of the ICT system or power grid, software misconfiguration of the Service Recipients who are not Consumers,
g) for the consequences associated with the loss of the password.
(19) The recipient shall be liable for providing an e-mail address to which he does not have access, in particular, an incorrect address or one belonging to another entity.
§ 17
FINAL PROVISIONS
1. agreements concluded through the Site shall be concluded in accordance with Polish law.
2. in case of inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the Regulations.
3Changes made to the Terms of Service by the Service Provider shall be binding on the Client provided that the Client has been correctly informed about the changes and has not terminated the agreement for electronic provision of services within 14 days from the date of notification of the changes to the Client by the Site.
4. Any disputes between the Site and Consumers will be resolved first by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction.
5. Judicial settlement of disputes:
5.1. any disputes arising between the Service Provider and the 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.
5..2. any disputes arising between the Service Provider and the Client who is not also a Consumer shall be submitted to the competent court for the seat of the Service Provider. 6. the Customer who is a Consumer shall also have the right to use out-of-court means of dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, an application for mediation or an application for consideration of the case by an arbitration court (application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
7. In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) Internet platform, available at: http://ec.europa.eu/consumers/odr/.