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Terms of Service

 

TERMS AND CONDITIONS OF THE ONLINE STORE

www.rarist.pl

§1

Identification of the Seller

1. The owner of the Store is:

Filip Sarna Luxury Trade

registered office: 31-024 Kraków, ul. Szpitalna 20-22/S1

TAX ID (NIP): 6772413308

REGON: 366386668

Tel.: +48 537 555 583

E-mail: shop@rarist.pl

§2

General Provisions

1. The online store [hereinafter: the Store] conducts sales via the Internet on the basis of these Terms and Conditions [hereinafter: the Terms].

2. A Client [hereinafter: the Client] may be:

  • a natural person of full legal age having full legal capacity, residing in Poland or within the territory of the European Union,
  • a natural person of full legal age conducting business activity with its registered office in Poland or within the territory of 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 within the territory of the European Union, 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 contract concluded with the Client.

4. Prices displayed in the Store are gross prices (they include the applicable VAT).

5. Goods available in the store are new and used. In the case of used goods, the condition of the item is shown exactly in the photos illustrating the product. All items are free from physical and legal defects. Liability for defects is determined by the applicable provisions of law, in particular Article 12(1)(13) of the Act on Consumer Rights (Journal of Laws 2014, item 827, as amended), Articles 556 and 556¹–556³ of the Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).

§3

Orders

1. Orders may be placed in the following ways:

  • via the interactive forms available on the Store's web pages (customer cart),
  • by e-mail to the address available on the Store's website.

2. A condition for order processing is providing data allowing verification of the Client and the recipient of the goods. The Store confirms acceptance of the order by sending an email to the address provided when placing the order, containing a description of the ordered item. If the Client provides incomplete, incorrect or inconsistent information when placing the order, the Store will contact the Client to correct the errors.

3. The information visible on the Store's website at the time of placing the order is binding for the parties. This applies in particular to: the price, product characteristics, its features, elements included in the set, delivery times and methods.

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 Client makes an offer to purchase a specified product.

5. By placing an order the Client submits an offer to conclude a sales contract for the ordered products.

6. After placing an order, a message about subsequent stages of order processing is sent to the provided e-mail address:

  • after verification of the placed order, the Store sends to the Client's e-mail address information on acceptance of the order for processing. The information about acceptance of the order for processing is the Seller's declaration of acceptance of the offer referred to in §3 point 5 above and, upon receipt by the Client, the Sales Contract is concluded.

7. After concluding the Sales Contract, the Store confirms its terms to the Client by sending them to the Client's e-mail address or in writing to the postal address provided by the Client when placing the order.

8. If payment by bank transfer is chosen, the order processing time shall be counted from the moment the funds for the Client's order are credited to the Store's bank account.

§4

Payments

  1. The Client may choose the following payment methods:
  • payment by bank transfer to the indicated bank account (transfer),
  • electronic payment via Przelewy24 (electronic),
  • cash on delivery (COD). Maximum amount for this payment method: PLN 15,000.

2. Shipping costs are specified in the order summary.

3. The condition for releasing the goods is payment for the goods and shipping.

4. For bank transfer payments, the amount due should be settled within 7 calendar days from the date of order confirmation.

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

§5

Shipment of Goods

1. Ordered goods are shipped by the Store via courier companies (DPD, DHL, FedEx, Pocztex).

§6

Complaints / Warranty (Rękojmia)

1. In case of non-compliance of the goods with the contract, the Client should return the complained goods to the Store together with a description of the non-compliance.

2. The Store will respond to the Client's complaint within 14 days from the moment of return of the goods together with the description of the non-compliance.

3. A sample complaint form constitutes Annex No. 2 to the Terms.

4. The Store is liable to the Client under warranty (rękojmia) governed by the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months.

5. At the moment a defect occurs, the Client may demand from the Store (under warranty):

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

The Store will respond to the Client's demands within 14 days from the moment of receiving the demand. The Store will consider the Client's demands taking into account the following circumstances:

  • ease and speed of exchange or repair of the goods;
  • the nature of the defect – significant or insignificant;
  • whether the goods were previously complained about.

6. The Store may refuse the Client's request concerning replacement or repair of the goods on the condition that replacement or repair is impossible to implement or, compared to the other possible request, would involve excessive costs. In such a case the Store will propose an alternative solution.

7. Any Client who is a consumer may use out-of-court methods of handling complaints and pursuing claims. If they wish to use amicable dispute resolution concerning online purchases, the Client may submit their complaint, for example, via:

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

8. All complaints regarding the use of Services provided by the Store should be sent to the address 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 agreements concluded with Clients who are not consumers.

§7

Right of Withdrawal from the Contract

1. Pursuant to the Act on Consumer Rights of 30 May 2014, a Client who is a consumer has the right to withdraw from the contract without providing any reason.

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

  • using the form whose template constitutes an annex to the Act on Consumer Rights of 30 May 2014 (constituting Annex No. 1 to these Terms),
  • by e-mail to the address given in paragraph 1 of these Terms,
  • by post to the address given in paragraph 1 of these Terms.

3. The Client returns the goods to the Store within 14 days from the date of submitting the statement of withdrawal at the Client's own cost.

4. The Store returns the funds within 14 days from the date of receipt of the statement. The Store may withhold the return of payments received from the Client until receipt of the item back or until the Client provides proof of dispatch, depending on which event occurs first.

5. The Store refunds the payments using the same payment method that the Client used. In the case of card payments, the refund is made to the card account.

6. If the Client chose a delivery method other than the cheapest offered by the Store, the Store will not refund the additional costs incurred by the Client. The Store will refund only the cost of the cheapest delivery of the item to the Client.

7. The Client bears all direct costs of returning the item (e.g. packaging, securing, postage).

8. The right of withdrawal does not apply to contracts:

  • where the subject of performance is a non-prefabricated item made according to the Client's specifications or serving to satisfy their individualized needs;
  • where the subject of performance is an item delivered in sealed packaging which cannot be returned after opening the packaging for reasons of protection of health or hygiene, if the packaging was opened after delivery;
  • for the supply of digital content not delivered on a tangible medium, if the performance began with the Client's express consent before the expiry of the withdrawal period and after the Client was informed by the Store about the loss of the right to withdraw;
  • where the subject of performance is an item liable to deteriorate rapidly or having a short shelf life;
  • for the provision of services, if the Store has fully performed the service with the Client's express consent and the Client was informed before the commencement of performance that they would lose the right of withdrawal after the performance had been completed;
  • where the subject of performance consists of items which, after delivery, due to their nature, are inseparably mixed with other items.

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

10. The Client is liable for any diminished value of the item resulting from handling 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 Client may create an Account within the Store's website allowing for personalized purchases, viewing order history, checking order statuses, changing shipping details, access to promotions, and simplifying the ordering process.

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

3. The Client may create an Account by completing the appropriate interactive forms on the Store's web pages.

4. After completing the appropriate interactive forms on the Store's web pages, a message with information about the next steps of the Account creation service is sent to the e-mail address provided during registration:

  • after verification of data, the Store sends to the e-mail address provided by the Client information about the creation of the Customer Account. The information about the creation of the Account is the Seller's declaration of commencement of the service of maintaining the Account.

5. Each Client may delete the Account at any time, thereby terminating the agreement on providing the Account service. The Account may be deleted by:

  • sending an e-mail to the address provided in paragraph 1 of these Terms. The e-mail should contain data allowing identification of the account owner and information about the desire to terminate the agreement,
  • contacting in writing at the address provided in paragraph 1 of these Terms.

6. The Client should keep the Account password confidential.

7. The Store may refuse registration if the data provided during registration raise justified doubts as to their truthfulness and reliability.

8. The agreement for providing the Account service is of indefinite duration, subject to the following sentence. The Client may terminate the agreement at any time by contacting:

  • sending an e-mail to the address provided in paragraph 1 of these Terms. The e-mail should contain data allowing identification of the account owner and information about the desire to terminate the agreement,
  • contacting in writing at the address provided in paragraph 1 of these Terms.

9. The agreement for providing the Account service is terminated with immediate effect at the moment of confirmation of data by the Store.

10. In justified cases (e.g. gross violation of the Terms by the Client) the Store may terminate the agreement with notice, observing a seven-day notice period.

§9

Newsletter

1. The Client may give an additional voluntary consent to receive marketing, commercial and advertising content as well as additional information related to the Store's business activity at the provided e-mail address.

2. Providing an e-mail address for the purpose of ordering the newsletter service means consent to receive marketing, commercial and advertising content as well as additional information related to the Store's business activity at the provided e-mail address.

3. After providing the e-mail address, the Client receives a confirmation message sent by the Store about the commencement of electronic service provision.

4. Receipt by the Client of the confirmation message about commencement of electronic service provision constitutes the moment of conclusion of the agreement.

5. The service is free of charge.

6. Access to services provided electronically does not require the Client to provide any additional data other than the e-mail address.

7. The agreement regarding the newsletter service is of indefinite duration, subject to the following sentence. The Client may terminate the agreement at any time by resigning from the electronic services by:

  • sending an e-mail to the address provided in paragraph 1 of these Terms. The e-mail should include data allowing identification of the Client and information about the desire to terminate the agreement,
  • contacting in writing at the address provided in paragraph 1 of these Terms.

The newsletter service agreement is terminated with immediate effect at the moment of confirmation of data by the Store.

§10

Right to Cancel an Order

1. The online store www.rarist.pl reserves the right to cancel an order in whole or in part in the following cases:

  • an obvious pricing error resulting from a system or human mistake,
  • lack of availability of the ordered goods or the impossibility to fulfill the order for reasons beyond the Store's control,
  • justified suspicion of the Client's breach of the Terms, in particular in case of attempts to make mass or automated purchases (so-called bots),
  • technical errors preventing proper execution of the order.

2. In case of order cancellation, the Client will be informed immediately of the situation and any payments made by the Client will be refunded no later than within 14 days from the date of order cancellation – to the same account from which the payment was made, unless the parties agree otherwise.

3. Cancellation of an order for the reasons indicated above does not limit or exclude the rights of the consumer arising from generally applicable laws.

§11

Privacy Protection

1. The Store processes Clients' personal data in accordance with applicable legal provisions within the scope specified in the Privacy Policy (Annex 3).

§12

Technical Requirements

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

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

b) an active e-mail account;

c) JavaScript enabled;

d) acceptance of the use of cookies (required to place an order).

§13

Special Provisions

1. With regard to electronic services provided by the Store, these Terms constitute the terms and conditions for providing electronic services within the meaning of Article 8(1) of the Act of 18 July 2002 on the provision of electronic services.

2. Types and scope of electronic services provided by the Store are as follows:

  • concluding online sales contracts – in the scope of goods sold by the Store,
  • sending e-mail messages in which the Store confirms receipt of an order and the progress of the order,

3. The procedure for concluding contracts for the provision of electronic services is specified in paragraph 3 of the Terms (in respect of online sales contracts and the e-mail confirmation service).

4. Conditions for terminating online sales contracts are governed by mandatory provisions of law.

§14

Entry into Force and Amendments to the Terms

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

2. These Terms may be amended.

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

4. Information about changes to the Terms will be sent to the Client's e-mail address indicated in the account settings.

5. Amendments to the Terms come into force 14 days after their publication in the manner specified in paragraph 3.

6. The Store assumes that a Client who has an account on the Store's website has accepted the changes to the Terms if they have not terminated the agreement by the end of the period specified in paragraph 5.

7. Matters not regulated by these Terms are governed by Polish law.

Annex No. 1 - Sample withdrawal form

Annex No. 2 - Sample complaint form

Annex No. 3 - Privacy Policy