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Shop rules

I. Definitions

The terms used in the Regulations mean:

1. Customer - a natural person, legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which concludes a sales contract with the Seller as part of the Store.

2. Consumer - a natural person making a legal transaction with the Seller not directly related to its business or professional activity. The provisions of the Regulations regarding the consumer also apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Registration and Information on Economic Activity.

3. Seller - the entity managing and running the Store, i.e. FORAM spółka z ograniczoną odpowiedzialnością sp. k. with its registered office at ul. Jeziorna 3, 64-200 Karpicko, NIP: 9231729378, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000756639, documentation and registration files of the company are kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Commercial Division of the National Court Register . Contact with the Seller is possible via:

4. Regulations - this document defining the general terms and conditions of sale and the rules for the provision of electronic services as part of the Artforma Online Store.

5. Online shop (Store) – online shop operating under the name Artforma available at artforma-canada.com.

6. Goods– products offered in the Online Store.

7. Sales contract– a contract concluded between the Seller and the Customer remotely via the Online Store.

8. Order– Customer's declaration of intent, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

 

II. General

1. These Regulations define the rules for using the online store available at: artforma-canada.com/. The customer should read the Regulations before registering an account in the Store, because it shapes his rights and obligations.

2. These Regulations are the regulations referred to in art. 8 of the Act of July 18, 2022 on the provision of electronic services.

3. These Regulations define in particular:

  • Rules for registering and using an account as part of the Online Store.
  • Conditions and rules for placing Orders electronically as part of the Online Store.
  • Principles of concluding Sales Agreements using the services provided as part of the Online Store.

4. In accordance with the obligation resulting from the Act of 18 July 2002 on the provision of electronic services, as well as having regard to the information obligations provided for in art. 12 sec. 1 points 19 and 20 of the Act on Consumer Rights of 30 May 2014, the Seller informs that:

- the technical conditions for using the Store are as follows: any device capable of running a web browser, such as: Internet Explorer, Mozilla Firefox, Google Chrome, Safari, Opera.

- Additional technical requirements:

  • Cookies enabled
  • JavaScript enabled,
  • Pop-ups enabled,
  • Adobe Flash Player 11 or later is installed.

- significant interoperability of the Store's digital content with the Customer's computer hardware and software may be as follows: in the execution of quick transfers via the Stripe, PayPal quick payment system.

5. In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access on their own.

6. In accordance with applicable law, Artforma reserves the right to limit the provision of services via the Online Store to persons who are over 18 years of age. In such a case, potential Customers will be notified of the above.

7. Customers can access these Regulations at any time via the link on the home page of the artforma-canada.com/ website and download it and print it out on your own.

 

III. Rules for using the Online Store

1. Registration in the Online Store is optional. The Customer may place an order without registering in the Store after reading and accepting these Regulations. Registration takes place by completing and accepting the registration form available on the Store's website. The condition for registration is consent to the content of the Regulations and providing personal data marked as mandatory.

2. In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Online Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent unauthorized acquisition and modification of personal data sent on the Internet.

3. The customer is obliged in particular to:

  • use the Online Store in a manner consistent with generally applicable law, the provisions of the Regulations, as well as with the general principles of using the Internet.
  • not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
  • use the Online Store in a way that does not interfere with its functioning, in particular by using specific software or devices,
  • not taking actions consisting in sending or posting unsolicited commercial information (spam) as part of the Online Store,
  • use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
  • use any content posted as part of the Online Store only for personal use for non-commercial purposes,

4. The Seller may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store's resources, with immediate effect, in the event of a breach by the Customer of the Regulations, in particular when the Customer:

  • provided untrue, inaccurate or outdated data during registration in the online store, misleading or violating the rights of third parties.
  • has violated the personal rights of third parties via the online store, in particular the personal rights of other customers of the online store,
  • has committed other behaviors that will be considered by the Seller as behaviors inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of the Seller.

5. A person who has been deprived of the right to use the online store may not re-register without the Seller's prior consent.

 

IV. Procedure for concluding a Sales Agreement

1. The Seller through the Store conducts remote sales of goods in its offer. The Customer can familiarize himself with the main characteristics of the goods before placing an order on the pages of the Online Store regarding individual goods. In order to conclude a Distance Sales Agreement via the Online Store, go to the Online Store website and select the Goods, taking further technical steps based on the messages displayed to the Customer and information available on the website.

2. The selection of the ordered Goods by the Customer is made by adding them to the basket.

3. When placing the Order - until the button confirming the submission of the Order is pressed - the Customer has the option of modifying the entered data and the selected Goods. To do this, follow the messages displayed to the Customer and the information available on the website.

4. After the Customer provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others: description of selected goods or services, unit prices of goods, total price, information on the discount granted, the value of the order and all other costs, including delivery costs, as well as the delivery address, invoice details and the selected form of payment.

5. In order to send an Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button: "Order with obligation to pay". Placing an order each time requires prior reading of the Regulations and acceptance of its terms as binding.

6. After placing the order, the Customer will receive a confirmation of the conclusion of the distance contract on a durable medium to the e-mail address provided, also containing the applicable content of the Regulations. The contract is considered concluded upon receipt of the confirmation of the Order by the Seller.

7. In the event of unavailability of some of the Goods covered by the Order or the delivery time exceeding 14 days, the Customer will be immediately informed about it without confirming the conclusion of the distance contract and may decide on the method of order fulfillment (acceptance of the indicated delivery time; order fulfillment in relation to some Goods; cancellation of the order in whole).

8. In the absence of receipt of confirmation of the conclusion of a distance contract on a durable medium to the e-mail address provided by the Customer or failure to receive information about the unavailability of some of the Goods within 24 hours of placing the order, the Customer should immediately contact the Seller.

9. The sales contract is concluded in English, and its integral part are the provisions of these Regulations to the extent that they are not contradictory to the sales contract itself.

10. Recording, securing and sharing the order data and the Regulations takes place in the form of a message sent to the e-mail address provided by the Customer. Customers who have set up an Account in the Online Store have additional access to their previous orders as part of the functionality of the Online Store.

 

V. Delivery

1. The delivery of the Goods is limited to the area of Canada and takes place to the address indicated by the Customer when placing the Order. Delivery of Goods outside of Canada takes place by individual arrangements between the Seller and the Customer.

2. The delivery of the ordered Goods is carried out via a courier. For logistical reasons, the Seller does not offer the possibility of personal collection of the Order in his stationary store or any other place.

3. As a rule, delivery is free of charge, regardless of the payment method chosen by the Customer and the place of delivery. Any additional delivery costs may be indicated as an option when placing the Order and will require the Customer's approval.

4. The delivery time is up to 23 working days, with the production time up to 11 working days, and the delivery time up to 7 working days. The delivery time is counted from the date of confirmation of the Customer's Order by the Seller.

5. If the Customer is a Consumer, the Seller bears the risk of accidental damage or loss of the Goods during transport. The Customer should inspect the shipment in time and in the manner accepted for shipments of this type. If the Goods are delivered with obvious damage or losses during transport, the Customer should, if possible, report such a defect to the carrier (courier) and the Seller as soon as possible and perform other actions necessary to determining the possible liability of the carrier, in particular by confirming the condition of the shipment. A delay in reporting such a defect does not cause any negative consequences for the Customer, in particular it does not affect the Seller's liability for non-conformity of the goods with the contract (point IX of the Regulations). However, a faster notification of noticed damage caused during transport will allow the Seller to recognize the complaint faster and will enable the Seller to pursue its own claims against the carrier or transport insurer.

 

VI. Prices and payment methods

1. The prices of the Goods displayed on the Online Store website are given in Canadian dollars and include all components, including VAT and customs duties.

2. The customer has the option to pay the price:

- PayPal payment

- Stripe payment

3. The customer is obliged to make the payment within 7 days of receiving confirmation of the conclusion of the Agreement from the Seller, unless he has decided to pay on delivery in the case of cash on delivery.

4. If the Customer is interested in receiving a VAT invoice, he should inform the Seller about it at the time of placing the order (by selecting the appropriate option in the order form) and provide the Seller with the data required to correctly issue a VAT invoice. Before making the payment, the Seller may issue a document which is the basis for making the payment - a pro forma invoice.

 

VII. Cancellation and change of contract specifications

1. After placing an order, the Buyer is entitled to change or cancel it within 2 working days from the moment of finalizing the order. Finalizing is understood as making a payment or choosing a COD delivery (payment upon receipt of the shipment).

2. All information related to the change of the order specification or its cancellation, the Buyer is obliged to provide to the Seller in an e-mail to the following address: serviceartforma-canada.com. To facilitate contact, it is preferable to provide the order number to which the change or cancellation applies.

3. Any modification of the original specification will result in a change in the order price, which the Buyer undertakes to cover and the need to pay a handling fee of 28 CAD.

4. In case of cancellation of the order, the value of the return will be reduced by the handling fee of 28 CAD.

5. Change and cancellation after the specified period will not be considered due to the Seller's business profile, resulting from the product personalization of each order.

 

VIII. Right to withdraw from a distance contract

The Seller informs that most of the Goods offered in the Online Store are fully made to the Customer's individual order and adapted to his needs. Most of the Goods offered in the Online Store are therefore non-prefabricated goods, manufactured according to the consumer's specifications or serving to satisfy his individual needs. According to Art. 38 point 3 of the Act on consumer rights, in relation to contracts the subject of which are the goods in question, the consumer is not entitled to withdraw from a distance contract.
With the above in mind, the Seller indicates that the right to withdraw from a distance contract described below applies only to products from the Valentina collection (furniture sets).

1. The customer who is a consumer has the right to withdraw from the contract within fourteen days without giving a reason according to the provisions of the Act of 30 May 2014 on consumer rights. The fourteen-day period starts from taking possession of the goods by the Customer or a third party indicated by him, other than the carrier, and in the case of many goods that are delivered separately, in batches or in parts, from taking possession of the last goods, their batch or part. To meet the deadline, it is enough to send a statement before its expiry. A statement of withdrawal from the contract can be submitted in any way, for example via:

2. The Customer may also submit a declaration of withdrawal from the contract using the form contained in Annex 2 to the Act of 30 May 2014 on consumer rights, the template of which is also included below in the Regulations. This template is additionally delivered together with the confirmation of the conclusion of the distance contract on a durable medium.

3. In the event of withdrawal from the contract by the Customer, the Seller shall immediately - but not later than within fourteen days from the date of receipt of the Customer's statement on withdrawal from the contract - return to the Customer all payments made by him, including the costs of delivering the item.

4. If the Customer has chosen a method of delivering the goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the Customer for additional costs incurred by him, exceeding the costs of the cheapest usual method of delivery offered by the Seller.

5. The seller will refund the payment using the same payment method used by the customer.

6. The seller may withhold the reimbursement of payments received from the customer until receipt of the goods back or the customer provides proof of its return, depending on which event occurs first.

7. In the event of withdrawal from the contract, the Customer is obliged to immediately, within a period not exceeding fourteen days, return the purchased goods in full (together with, among others, the User Manual and other documents), in a condition not exceeding the way of using it necessary to establish the nature, characteristics and the functioning of things. The customer bears the direct cost of returning the goods. To meet the deadline, it is enough to send back the item before its expiry. It is recommended to send back the purchased goods within this period to the following address: FORAM spółka z ograniczoną odpowiedzialnością sp. k., ul. Jeziorna 3, 64-200 Karpicko.

8. The customer is liable for a decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods, unless the Seller has not informed the consumer about the right to contract in accordance with the requirements of art. 12 sec. 1 point 9 of the Act of 30 May 2014 on consumer rights. Due to the subject of the transport, the Seller recommends, but does not require, shipping insurance with the return of the goods.

9. The consumer is not entitled to withdraw from a distance contract in relation to contracts:

  • for the 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 performance of the service by the entrepreneur, he will lose the right to withdraw.
  • in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the expiry of the deadline for withdrawing from the contract of services with properties specified by the consumer in the order placed by him or closely related to his person .
  • in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs.
  • in which the subject of the service is goods that deteriorate quickly or have a short shelf life.
  • in which the subject of the service is goods 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.
  • in which the subject of the service are goods which, due to their nature, are inseparably connected with other items after delivery.
  • in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control.
  • in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items.
  • in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.
  • for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.
  • concluded by public auction.
  • for the provision of accommodation services other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision.
  • for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.

 

IX. Complaints regarding Goods

Applies to the Customer who is a Consumer:

1. All goods offered in the Store are brand new, free from legal defects and have been legally introduced to the Canadian market. The Seller is under a statutory obligation to deliver goods free from defects. The Seller's liability for the quality of the service provided for by law is regulated by the generally applicable provisions on the lack of conformity of the goods with the contract, in particular chapter 5a of the Act of 30 May 2014 on consumer rights.

2. In the event of non-compliance of the goods with the contract, the Customer may submit a complaint to the Seller in any form, in particular in writing to the following address: FORAM spółka z ograniczoną odpowiedzialnością sp. k., ul. Jeziorna 3, 64-200, Karpicko or via e-mail to the following address: serviceartforma-canada.com. In the complaint, it is recommended to:

  • providing information on the subject of the complaint, in particular the type and date of the defect
  • definition of the request regarding the method of removing the defect (replacement of the goods with a new one, repair of the goods, and then price reduction or withdrawal from the contract)
  • providing contact details of the complainant

which will facilitate and speed up the consideration of the complaint by the Store. The recommendations specified in the previous sentence are only non-binding guidelines and in no way affect the effectiveness of complaints submitted without providing the recommended information.

3. If it is necessary to consider the complaint, the Customer shall provide the Seller with the goods that are the subject of the complaint, which are subject to repair or replacement. The seller will collect the goods from the customer at his own expense. If the goods were installed before the non-conformity of the goods with the contract was revealed, the Seller disassembles the goods and re-assembles them after repair or replacement, or has these activities performed at its own expense.

4. In order to speed up the examination of the complaint, the Customer may enable the examination of the complaint at a distance, in particular by providing photos or enabling inspection in the videoconference mode. In order to avoid inconvenience, the Customer may use the possibility of examining the complaint remotely also in the case where delivery of the product is possible, such a decision does not limit any of the Customer's rights.

5. The seller is obliged to respond to the consumer's complaint within 14 days of its receipt. In the event of a request to replace the goods, remove their defects or submit a declaration of withdrawal from the contract based on the provisions on the lack of conformity of the goods with the contract (Chapter 5a of the Act of 30 May 2014 on consumer rights), the Buyer is obliged to provide the Seller with the goods subject to repair or exchange.

6. If the Seller deems the complaint unjustified, then the goods will be delivered to the Customer together with the relevant information.

7. In the event of unjustified failure to collect the goods, the Customer may collect the goods from the Seller's warehouse on his own, at a convenient time (on a working day from 9 a.m. to 3 p.m.) after informing the Seller about the selected date. Possible re-delivery of the goods by the Seller or delivery to another indicated address is possible by a separate agreement between the Seller and the Customer.

8. The seller is liable for the lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that time. The lack of conformity of the goods with the contract, which became apparent within two years from the moment of delivery of the goods, shall be presumed to have existed at the time of delivery, unless proven otherwise or the presumption cannot be reconciled with the nature of the goods or the nature of the lack of conformity of the goods with the contract. .

9. In the case of some Goods, the Seller grants an additional guarantee on the terms provided for in the guarantee document. The warranty provided by the Seller does not exclude, limit or suspend the rights of the Customer who is a Consumer under the provisions on non-compliance of the goods with the contract.

Applies to a non-Consumer Customer:

1. In the case of Customers who are not Consumers within the meaning of point I subsection 2 of these Regulations, pursuant to art. 558 § 1 of the Civil Code, the parties exclude the Seller's liability under the warranty for defects in the sold item.

2. The sole liability under the warranty referred to in the previous point does not preclude the Seller from granting a guarantee for selected Goods or in the course of individual negotiations with a Customer who is not a Consumer.

 

X. Complaints regarding the provision of electronic services

1. The Seller takes steps to ensure the proper operation of the Online Store, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by Customers within a reasonable time.

2. The Customer may notify the Seller of any irregularities or interruptions in the functioning of the Online Store. Irregularities related to the functioning of the Online Store should be reported electronically to the following e-mail address: serviceartforma-canada.com

3. In a complaint regarding irregularities related to the functioning of the Online Store, the type and date of the irregularity should be indicated.

4. The seller will respond to the complaint immediately, not later than within 14 days from the date of its receipt.

 

XI. Out-of-court methods of dealing with complaints and pursuing claims

1. The Seller informs about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. Using them is voluntary and can only take place when both parties to the dispute agree to it.

  • The consumer may apply for the initiation of proceedings for out-of-court resolution of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
  • The consumer may also apply for a dispute regarding the concluded Sales Agreement to be resolved by a permanent arbitration court operating at the appropriate voivodship inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
  • The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/

2. Detailed information on the resolution of consumer disputes, including the possibility for the Consumer to use extrajudicial methods of dealing with complaints, pursuing claims and the rules of access to these procedures are available at the headquarters and on the websites of the voivodship inspectorates of the Trade Inspection and at: https://uokik.gov. pl/spory_konsumenckie.php

 

XII. Final Provisions

1. Any disputes arising in connection with the implementation of sales contracts between the Seller and the Customer will be settled in the first place through negotiations, with the intention of amicably settling the dispute.

2. Settlement of any disputes arising between the Seller and the Customer who is not a Consumer is subject to the court having jurisdiction over the seat of the Seller.

3. In matters not covered by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of April 23, 1964. Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended) and the Act of May 30, 1964. 2014 on consumer rights (Journal of Laws of 2014, item 827).

4. Polish law shall apply to contracts concluded with the Seller. In the case of consumer contracts, the mandatory provisions of the country of the consumer's place of residence will be observed, and the consumer is protected by these provisions regardless of the choice of Polish law as the applicable law.

Template withdrawal form

(this form should be completed and returned only if you wish to withdraw from the contract)

- FORAM limited liability company sp. k. (KRS: 0000756639), ul. Jeziorna 3, 64-200 Karpicko,

– I/We(*) ____________________________________________________________ hereby inform/we (*) about my/our withdrawal from the contract of sale of the following items(*) the contract for the delivery of the following items(*) the contract for a specific task involving the performance of the following items(*)/ for the provision of the following service(*)

– Date of contract conclusion(*)/receipt(*)

__________________________________________

– Name and surname of the consumer(s)

__________________________________________

– Address of the consumer(s)

__________________________________________

– Signature of the consumer(s) (only if the form is sent on paper)

– Date_______________________________________________________________________________

(*) Delete as appropriate.

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