Terms and Conditions

Detailed terms and conditions of the online store

TERMS AND CONDITIONS OF THE ONLINE STORE

www.rarist.pl/en/

§1

Seller Definition

1. The owner of the store is:

Filip Sarna Luxury Trade

based in: 31-024 Kraków, ul. Szpitalna 20-22

NIP: 6772413308

REGON: 366386668

Phone number: +48 537 555 583

Email: shop@rarist.pl

§2

General provisions

1. The online store [hereinafter referred to as the Store] conducts sales via the Internet based on these Terms and Conditions [hereinafter referred to as the Terms].

2. The Client [hereinafter referred to as the Client] may be:

an adult person with full legal capacity residing in Poland or in the European Union,
an adult person conducting business activity with its registered office in Poland or in the European Union,
a legal person or an organizational unit without legal personality, to which the law grants legal capacity, with its registered office in Poland or in the European Union, which is authorized to make decisions and incur obligations on behalf of the entity,
a minor acting with the consent of a parent or legal guardian.

3. The Terms are an integral part of the sales agreement concluded with the Customer.

4. Prices given in the Store are gross prices (including VAT)

5. The goods available in the Store are new and used. In the case of used goods, the condition of the item is accurately shown in the photos illustrating the given product. All items are free from physical and legal defects. Liability for defects is specified by applicable legal regulations, in particular art. 12 sec. 1 item 13 of the Consumer Rights Act (Journal of Laws 2014 item 827 with subsequent amendments), art. 556 and 556¹-556³ of the Civil Code (Journal of Laws 1964 No. 16 item 93 with subsequent amendments).

§3

Orders

1. Orders can be placed as follows:

via interactive forms available on the Store's website (shopping cart),
by email to the address available on the Store's website.

2. The condition for the order to be fulfilled is to provide data allowing for the verification of the Customer and the recipient of the goods. The Store confirms the acceptance of the order by sending a message describing the subject of the order to the email address provided when placing the order. In the event of incomplete, incorrect, contradictory information provided by the Customer when placing the order, the Store will contact the Customer to remove the errors.

3. The parties are bound by the information visible on the Store's website next to the purchased goods at the time of placing the order. This applies in particular to: price, characteristics of the goods, its features, elements included in the set, delivery dates and method.

4. The information on the Store's website does not constitute an offer within the meaning of the Civil Code. By placing an order, the Customer makes an offer to purchase a specific product.

5. By placing an order, the Customer makes an offer to conclude a sales contract for the ordered products.

6. After placing an order, an email is sent to the provided address with information about the next stages of order processing:

after verification of the order placed, the Store sends to the email address provided by the Customer, information about the acceptance of the order for processing. Information about the acceptance of the order for processing is a statement of the Seller about the acceptance of the offer referred to in §3 section 5 above and at the moment of its receipt by the Customer, the Sales Agreement is concluded.

7. After concluding the Sales Agreement, the Store confirms its terms to the Customer by sending them to the Customer's email address or in writing to the postal address indicated by the Customer when placing the order.

8. In case of choosing the bank transfer payment method, the order completion date will be counted from the moment the funds for the Customer's order are credited to the Store's bank account.

§4

Payments

1. The customer can choose the payment method:

payment by transfer to the indicated bank account (transfer),
electronic payment via Przelewy24 (electronic),
payment on delivery (cash on delivery). Maximum amount for this payment method: PLN 15,000.

2. Shipping prices are specified in the order summary.

3. The condition for the release of goods is payment for the goods and shipment.

4. In the case of payment by bank transfer, the amount due should be settled within 7 calendar days from the date of order confirmation.

5. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068

§5

Shipping of goods

1. The Store sends the ordered goods via courier companies (DPD, DHL, FedEx, Pocztex).

§6

Complaints /warranty/

1. In the event of non-conformity of the goods with the contract, the Customer should return the complained goods to the Store together with a description of the non-conformity.

2. The Store will respond to the Customer's complaint within 14 days from the moment of returning the goods together with a description of the non-conformity.

3. The complaint form template constitutes Annex No. 2 to the Terms.

4. The Store is liable to the Customer on the basis of the warranty law, regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months.

5. At the time of occurrence of a defect, the Customer may request from the Store (under the warranty law):

replacement of the goods with new ones;
repair of the goods;
reduction of the price;
withdrawal from the contract – if the defect is significant.

The Store will respond to the Customer's requests within 14 days of receiving the request. The Store will consider the Customer's requests, taking into account the following circumstances:

the ease and speed of replacing or repairing the goods;
the nature of the defect - significant or insignificant;
whether the goods have been previously complained about.

6. The store may refuse the Customer's request for replacement or repair of the goods provided that the replacement or repair of the goods is impossible to implement, or would require excessive costs compared to the second possible request. In such a case, the store will propose an alternative solution.

7. Every Customer who is a consumer may use out-of-court methods of handling complaints and pursuing claims. In order to use the possibility of amicable resolution of disputes concerning online purchases, the Customer may file his complaint, e.g.;

via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/ ,
through the Malopolska Voivodeship Inspector of Trade Inspection in Krakow, based in ul. Ujastek 1, 31-752 Kraków http://www.krakow.wiih.gov.pl/

The course of proceedings for the out-of-court resolution of consumer disputes is specified by the currently applicable provisions of law (in particular the Act of 23 September 2016 on the out-of-court resolution of consumer disputes).

8. Any complaints regarding the use of the Services provided by the Store should be sent to the addresses given in paragraph 1 of these Terms.

9. Pursuant to Article 558 of the Civil Code, the Store's liability under warranty is excluded in the case of contracts concluded with Customers who are not consumers.

§7

Right of withdrawal

1. Under the Consumer Rights Act of 30 May 2014, a Customer who is a consumer has the right to withdraw from the contract without giving a reason.

2. Withdrawal from the contract is effective if the Customer submits a declaration of withdrawal from the contract within 14 days from the date of delivery of the goods. To meet the deadline, it is sufficient to submit the declaration before its expiry. The form of the declaration may be any, e.g.

the declaration may be submitted on a form, the template of which is an annex to the Consumer Rights Act of 30 May 2014 (constituting Annex No. 1 to the Terms),
by email to the address provided in paragraph 1 of these Terms
by letter to the address provided in paragraph 1 of these Terms

3. The Customer returns the goods to the Store within 14 days of submitting the declaration of withdrawal from the contract at his/her own expense.

4. The Store returns the funds within 14 days of receiving the statement. The Store may withhold the return of payments received from the Customer until the item is received back or the Customer provides proof of sending it back, depending on which event occurs first.

5. The store returns funds using the same payment method that the customer used. In the case of payment by payment card, the refund is made to the card account.

6. If the Customer has chosen a method of delivering the item other than the cheapest offered by the Store, the Store will not refund the Customer for the additional costs incurred. The Store will only refund the cost of the cheapest delivery of the item to the Customer.

7. The customer covers all direct costs of returning the items (e.g. packaging, security, shipping costs).

8. The Customer does not have the right to withdraw in the case of contracts:

in which the subject of the provision is a non-prefabricated item, manufactured according to the Customer's specifications or intended to meet their individual needs;
in which the subject of the provision 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;
delivery of digital content that is not recorded on a tangible medium, if the provision of the service began with the Customer's express consent before the deadline for withdrawal from the contract expires and after the Store has informed the Customer of the loss of the right to withdraw from the contract;
in which the subject of the provision is an item that spoils quickly or has a short shelf life;
on the provision of services, if the Store has fully performed the service with the express consent of the Customer, who was informed before the commencement of the provision that after the Store has provided the service, the Customer will lose the right to withdraw from the contract;
in which the subject of the provision are items that, after delivery, due to by their nature, they become inextricably linked with other things.

9. The right to withdraw from the contract without giving reasons does not apply to a Customer who is not a consumer.

10. The customer is liable for any reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

§8

Customer Account

1. The Customer may create an Account on the Store’s website, which allows for personalized shopping, viewing order history, viewing order statuses, changing shipping details, accessing promotions, and simplifying the ordering process.

2. The Store does not charge any fees for maintaining the Customer Account.

3. The Customer may create an Account by completing the appropriate interactive forms available on the Store’s websites.

4. After filling out the forms on the Store's websites, a message is sent to the email address provided during registration with information about the next stages of the Account creation service:

after data verification, the Store sends information about the creation of the Customer Account to the email address provided by the Customer. Information about the creation of the Account is a statement from the Seller about the commencement of the provision of the Account management service.

5. Each Customer may delete their Account at any time, thereby terminating the Account maintenance service agreement. Account deletion can be done:

by sending an email to the address provided in paragraph 1 of these Terms. The email should include data allowing the identification of the Account owner, as well as information about the desire to terminate the agreement,
- by contacting us by mail at the address provided in paragraph 1 of these Terms

6. The Customer should keep the Account password secret.

7. The Store may refuse registration if the data provided during registration raises reasonable doubts as to its truthfulness and reliability.

8. The agreement regarding the provision of the Account management service is of an indefinite nature, subject to the following sentence. The Customer may terminate the agreement at any time during the provision of the service by contacting:

by sending an email to the address provided in paragraph 1 of these Terms. The email should include data allowing the identification of the Account owner, as well as information about the desire to terminate the agreement,
by contacting us by mail at the address given in paragraph 1 of these Terms

9. The agreement regarding the provision of the Account management service is terminated with immediate effect upon confirmation of the data by the Store.

10. In justified cases (e.g. gross violation of the provisions of the Terms by the Customer), the Store may terminate the contract by giving seven days' notice.

§9

Newsletter

1. The Customer may express additional voluntary consent to receive advertising, commercial, marketing content and additional information related to the Store's business activity to the indicated email address.

2. Providing an email address to order the newsletter service means consent to receive advertising, commercial, marketing content and additional information related to the Store's business activity to the indicated email address.

3. After providing an email address, the Customer receives a confirmation of the commencement of the provision of services electronically sent by the Store.

4. The receipt by the Customer of a message confirming the commencement of the provision of services electronically means the moment of conclusion of the agreement.

5. The provision of services is free of charge.

6. Access to services provided electronically does not require the Customer to provide any additional data other than the email address.

7. The agreement regarding the provision of the newsletter service is of an indefinite nature, subject to the next sentence. The Customer may terminate the agreement at any time by resigning from the services provided electronically by:

by sending an email to the address provided in paragraph 1 of these Terms, the email should include data allowing the identification of the Client, as well as information about the desire to terminate the agreement,
by contacting us by mail at the address provided in paragraph 1 of these Terms

The agreement regarding the provision of the newsletter service is terminated with immediate effect upon confirmation of the data by the Store.

§10

Privacy Policy

1. The Store processes Customers' personal data in accordance with applicable law to the extent specified in the Privacy Policy (Appendix 3)

§11

Technical means

1. In order to use the Online Store, including browsing the product catalogue and placing orders for products, it is necessary to:

a) terminal device (e.g. computer, tablet, smartphone) with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;

b) active electronic mail (email) account;

c) JavaScript support enabled;

d) acceptance of cookie usage (required to place an order)

§12

Special provisions

1. In the scope of services provided electronically by the Store, these Terms constitute the regulations for the provision of services electronically within the meaning of Art. 8 section 1 of the Act of 18 July 2002 on the provision of services electronically.

2. The types and scope of services provided electronically by the Store are as follows:

concluding online sales agreements – in the scope of goods sold by the Store,
sending emails in which the Store confirms receipt of the order, order fulfillment process,

3. The procedure for concluding contracts for the provision of services by electronic means:

in the scope of the online sales agreement and the agreement on the provision of email transmission service, in which the Store confirms receipt of the order, the course of order execution, - are specified in paragraph 3 of the Terms.

4. The conditions for terminating online sales contracts are specified by mandatory provisions of law.

§13

Entry into force and amendments to the Terms

1. The Terms enter into force on the date of publication on the Store's website.

2. These Terms may be amended.

3. Changes to the Terms will be published on the Store's website.

4. Information about changes to the Terms will be sent to the Customer to the email address indicated in the account settings.

5. Changes to the Terms enter into force after 14 days from the date of their publication in the manner specified in par. 3.

6. The Store considers that the Customer who has an account on the Store's websites has accepted the changes to the regulations if he or she has not terminated the agreement by the end of the period specified in par. 5.

7. In matters not regulated by the provisions of these Terms, Polish law shall apply.

Appendix 1 - Withdrawal form

Appendix 2 - Complaint form

Appendix 3 - Privacy Policy