TERMS AND CONDITIONS
WWW.MONUMENTICA.COM
§ 1
GENERAL PROVISIONS
The store www.monumentica.com operates under the terms of these Regulations.
The Regulations specify the terms and conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.monumentica.com, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of services electronically.
Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the Store www.monumentica.com, is obliged to comply with the provisions of these Regulations.
In matters not covered by these Regulations, the regulations shall apply:
Law on the Provision of Electronic Services of July 18, 2002,
Law on Consumer Rights of May 30, 2014,
Law on extrajudicial resolution of consumer disputes of September 23, 2016,
Civil Code Act of April 23, 1964.
and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
REGULATIONS - these regulations of the Store.
SHOP - Service Provider's online store operating at www.monumentica.com
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Store.
CONTACT FORM - a form available on the website www.monumentica.com that allows you to send a message to the Service Provider.
ORDER FORM - a form available on the website www.monumentica.com allowing to place an Order.
SELLER, SERVICE PROVIDER - Bartłomiej Świstowski conducting business activity under the name BARTŁOMIEJ ŚWISTOWSKI entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the minister competent for economy, place of business and address for delivery: Krystyny i Mariana Barskich 5/6 Street, 54-115 Wrocław, NIP: 9191805592, REGON: 520102123, electronic mail address (e-mail): hello@monumentica.com, telephone number: +48 796 369 857.
USER - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
CUSTOMER - a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER - a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
ENTERPRISE - a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
PRODUCT - a movable item available in the Store or a service, which is the subject of a Sales Agreement between the Customer and the Seller.
SALE AGREEMENT - Agreement for the sale of a Product concluded between the Customer and the Seller through the Store.
ORDER - the Customer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE - the value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.
§ 3
INFORMATION ON PRODUCTS AND THEIR ORDERING
Store www.monumentica.com sells Products via the Internet.
Products offered in the Store are new, in accordance with the contract and have been legally introduced into the Polish market.
The information on the Store's website does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to buy a specific Product under the conditions specified in its description.
The price of the Product shown on the Store's website is given in Polish zloty (PLN) and includes all components including VAT. The price does not include delivery costs.
The Price of a Product shown on the Store's website is binding at the time the Customer places an Order. This price will not change regardless of changes in the Store Prices that may occur for individual Products after the Customer places an Order.
The Seller shall clearly inform the Customers about the Unit Prices and promotions and reductions of the Product Prices. In addition to the information about the Product reduction, the Seller shall make visible the lowest Price of this Product that was in effect during the period of 30 days before the introduction of the reduction, and if the Product is offered for sale for a period of less than 30 days - the Seller shall make visible the lowest Price of the Product that 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.
Orders can be placed:
through the website using the Order Form (Shop www.monumentica.com) - 24 hours a day, all year round,
via email to: hello@monumentica.com
The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.
Products on promotion (sale) have a limited number of units and Orders for them will be processed in the order they are received until the stock of the Product is exhausted.
§ 4
CONCLUSION OF THE SALES CONTRACT
In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means made available by the Seller in accordance with § 3 items 7 and 8 of the Regulations.
Once the Order is placed, the Seller immediately confirms its receipt.
Confirmation of receipt of the Order, referred to in Section 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail message.
Confirmation of receipt of the Order includes:
Confirmation of all essential elements of the Order,
withdrawal form,
these Terms and Conditions, including instructions on the right to withdraw from the contract.
Upon receipt by the Customer of the e-mail message referred to in item 4 of this paragraph, the Sales Agreement between the Customer and the Seller is concluded.
Each Sales Contract will be confirmed by a proof of purchase (VAT invoice), which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.
§ 5
METHODS OF PAYMENT
The seller provides the following payment methods:
payment by traditional transfer to the Seller's bank account,
payment through an electronic payment system (Przelewy24.pl),
payment upon personal collection.
payment through an electronic payment system BLIK
payment through debit/credit card
In the case of payment by traditional bank transfer, the payment should be made to the bank account number: 84109025290000000148888731 (Bank Santander S.A.) MONUMENTICA BARTŁOMIEJ ŚWISTOWSKI, ul. Krystyny i Mariana Barskich 5/6, 54-115 Wrocław, NIP: 9191805592. In the transfer title, please include "Order No. ...".
In the case of payment via an electronic payment system, the Customer makes payment before the Order is processed. The electronic payment system makes it possible to pay by credit card or quick transfer from selected Polish and foreign banks.
In case of payment on delivery, the Customer is obliged to pay for the Order and collect the Product from the Seller.
The Customer is obliged to pay the price of the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
If you choose the payments described in paragraphs 1.1 and 1.2 of this paragraph, the Product will be shipped only after payment.
§ 6
COST, TIMING AND DELIVERY METHODS OF THE PRODUCT
Delivery costs of the Product, which are covered by the Customer, are determined during the process of placing the Order and depend on the choice of payment method and delivery method of the purchased Product.
The delivery time of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
The time of completion of the Products is up to 14 working days from the moment:
posting of funds paid under the Sales Agreement on the Seller's account
or positive authorization of the transaction by the electronic payment system
or acceptance of the Order for execution by the Seller in case of payment on delivery,
delivery of Products that are movable items by the carrier shall be made within the period declared by the carrier, i.e. up to 2 working days from the moment of shipment (delivery shall be made only on working days excluding Saturdays, Sundays and holidays).
Products purchased from the Store are shipped via courier service.
Products purchased in the Store, the Customer may also pick up in person after prior contact by e-mail or telephone.
§ 7
PRODUCT COMPLAINT
Warranty claim.
All Products offered in the Store have the Seller's warranty valid in the territory of the Republic of Poland,
The warranty period for the Products is 12 months and is calculated from the date of delivery of the Product to the Customer,
The document entitling to warranty protection is the warranty card or proof of purchase,
Guarantor's data, detailed information about the goods covered by the warranty, data on the duration and conditions of the warranty, as well as the Customer's rights under the warranty - is contained in the warranty card attached to the Product or made available on the Shop website,
The warranty does not exclude the rights of the Consumer and the entity referred to in § 9 of the Terms and Conditions for non-compliance of the Product with the Sales Agreement, as defined in the Law on Consumer Rights, which the Consumer and the entity referred to in § 9 are entitled to by law.
Complaint for non-conformity of the Product with the contract.
The basis and scope of the Seller's liability to the Customer who is a Consumer or an entity referred to in § 9 of the Terms and Conditions for non-compliance of the Product with the contract are set forth in the Law on Consumer Rights of May 30, 2014,
The Seller is responsible to the Customer who is a Consumer or an entity referred to in § 9 of the Regulations for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on its behalf is longer,
Notification of the Product's non-conformity with the contract and submission of the corresponding request can be made via e-mail to: hello@monumentica.com or in writing to: Krystyny and Mariana Barskich Street 5/6, 54-115 Wrocław,
in the above message in written or electronic form, 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 Seller,
for the assessment of non-compliance of the Product with the contract, the Consumer or the entity referred to in § 9 of the Regulations are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his expense,
The seller will respond to the customer's request immediately, but no later than within 14 days of receipt,
in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 9 of the Regulations - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
The Customer, who is a Consumer or an entity referred to in § 9, may first demand that the Seller replace or repair the Product. Reduction of the price and withdrawal from the contract, the Customer may demand only in cases indicated in the Consumer Rights Act of May 30, 2014. (inter alia, when the non-conformity of the goods with the contract is material, when the Seller has refused to bring the goods into conformity with the contract, or when 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),
in connection with a legitimate complaint from a Customer who is a Consumer or an entity referred to in § 9 of the Regulations, the Seller accordingly:
covers the cost of repair or replacement and redelivery of the Product to the Customer,
Reduces the price of the Product (the reduced Price must remain in the proportion of the Price of the goods in accordance with the contract to the goods not in accordance with the contract) and returns to the Consumer or the entity referred to in § 9 the value of the reduced Price no later than within 14 days from the receipt of the statement on reduction of the Price from the Consumer or the entity referred to in § 9,
In case of withdrawal from the contract by the Consumer or the entity referred to in § 9 - the Seller shall return to him the Product Price no later than 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 § 9 shall immediately return the goods to the Seller at the Seller's expense,
The response to the complaint is provided on paper or other durable medium, such as an email or SMS message.
§ 8
RIGHT OF WITHDRAWAL
Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 9 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 Store.
In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 9 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 return the Product before its expiration.
In case of withdrawal from the Sales Agreement, the Product should be returned to the address: Krystyny i Mariana Barskich Street 5/6, 54-115 Wrocław.
The Consumer or the entity referred to in § 9 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 § 9 of the manner and time limit for exercising the right of withdrawal, and has not provided the Consumer or the entity 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 § 9 of the Terms and Conditions should handle and inspect the Products only in the same manner as they would do in a stationary store.
Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 9 of the Terms and Conditions expressly agreed to a different method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the return will 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.
If the Consumer or the entity referred to in § 9 of the Terms and Conditions have chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred by them.
If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 9 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 § 9 of the Terms and Conditions provides proof of its return, whichever event occurs first.
The consumer or the entity referred to in § 9 of the Terms and Conditions withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the cost of returning the Product to the Seller.
The fourteen-day period within which the Consumer or the entity referred to in § 9 of the Regulations may withdraw from the contract counts:
for the contract in the performance of which the Seller issues the Product being obliged to transfer its ownership - from the date on which the Consumer or the entity referred to in § 9 of the Terms and Conditions (or a third party other than a carrier indicated by them) took possession of the Product,
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,
For a contract involving the regular delivery of a Product for a specified period of time - from taking possession of the first Product,
For other contracts - from the date of the agreement.
The right of withdrawal from a contract concluded at a distance does not apply to the Consumer or the entity referred to in § 9 of the Regulations in the case of a Sales Agreement:
in which the object of performance is a non-refabricated good, produced to the consumer's specifications or serving to meet his individualized needs,
in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery,
in which the object of performance is goods that, after delivery, by their nature, become inseparable from other things,
for the provision of services for which the Consumer is obliged to pay the price, if the trader has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service, that after the performance of the trader will lose the right to withdraw from the contract and accepted it,
in which the object of performance is goods that are perishable or have a short shelf life.
Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party to the contract fails to perform its obligation within a strictly defined period.
§ 9
PROVISIONS FOR ENTREPRENEURS ON THE RIGHTS OF CONSUMERS
A sole proprietor (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, but from the content of the contract it is clear that it is not of a professional nature for him, arising in particular from the subject of his business activity.
The business person referred to in paragraph 1 of this section is covered only to the extent:
prohibited contractual provisions,
Liability for non-conformity of the Product with the contract,
The right to withdraw from a contract concluded at a distance,
rules for a digital content or digital service contract.
The entrepreneur referred to in item 1 of this paragraph loses his rights under consumer protection if the Sales Agreement he has concluded with the Seller has a professional character, 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.
Entrepreneurs referred to in paragraph 1 of this section are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the OCCP.
§ 10
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider allows through the Store to use Electronic Services such as:
Conclusion of Product Sales Agreements,
sending a message through the Contact Form.
Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions set forth in the Regulations.
The Service Provider has the right to post advertising content on the Store's website. This content, is an integral part of the Store and the materials presented therein.
§ 11
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
Provision of Electronic Services specified in § 10.1 of the Regulations by the Service Provider is free of charge.
The period for which the contract is concluded:
The contract for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Store is concluded for a definite period of time and is terminated at the time the Order is placed or the Customer ceases to place it,
The contract for the provision of Electronic Services consisting of enabling the Customer to send a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated when the message is sent or the Customer stops sending it.
Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
A computer (or mobile device) with Internet access,
email access,
web browser,
Enabling Cookies and Javascript in your web browser.
The Customer is obliged to use the Store in a manner consistent with the law and good morals with a view to respecting the personal rights and intellectual property rights of third parties.
The recipient is obliged to enter data in accordance with the facts.
The recipient is prohibited from providing unlawful content.
§ 12
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services through the Store, the Customer may submit via e-mail to the address: hello@monumentica.com
In the above e-mail message, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.
The Service Provider's response to the complaint shall be sent to the Customer's e-mail address provided in the complaint or by any other means provided by the Customer.
§ 13
INTELLECTUAL PROPERTY
All content posted on the website at www.monumentica.com is protected by copyright and (subject to § 13.3 and the elements posted by the Service Recipients, used under license, transfer of copyright or fair use) is the property of Bartłomiej Świstowski doing business under the name BARTŁOMIEJ ŚWISTOWSKI entered in the Central Register of Records and Information on Business Activity of the Republic of Poland conducted by the Minister responsible for economic affairs, place of business and address for delivery: ul. Krystyny i Mariana Barskich 5/6, 54-115 Wrocław, NIP: 9191805592, REGON: 520102123. The Customer shall be fully liable for any damage caused to the Service Provider resulting from the use of any content of www.monumentica.com website without the consent of the Service Provider.
Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.monumentica.com constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.
All trade names, Product names, company names and their logos used on the Store's website at www.monumentica.com belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Store's website at www.monumentica.com are used for informational purposes.
§ 14
FINAL PROVISIONS
Contracts concluded through the Store are concluded in accordance with Polish law.
If any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
Any disputes arising from Sales Agreements between the Store and Customers will be resolved in the first instance 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 common court, in accordance with paragraph 4 of this section.
Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in § 9 of the Regulations shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,
A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request 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.
In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/