Terms and Conditions

§1 General provisions

These terms and conditions (hereinafter referred to as “Terms and Conditions”) set out the rules for the conclusion and performance of electronic service agreements and sales agreements in the online shop, as well as the rights and obligations of the parties to these agreements.
The online shop (hereinafter: “Shop” or “Service”) is available to all persons (hereinafter: “Users”) at: www.domartstyl.com.
The Shop is operated by HomeArtSrtyle sp. z o.o. entered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, IX Commercial Department of the National Court Register KRS 0000972925, REGON 522079121, NIP 6192056079, with the share capital of PLN 10,000.00. (hereinafter referred to as “Seller”).
The contact details of the Seller enabling Users to contact the Seller are as follows:
1. address: Jasminowa 28, Chojęcin-Szum 63-640 Bralin
2. phone: +48 882 659 700 Monday to Friday 07:00-15:00
3. e-mail address for complaints: reklamacje@domartstyl.pl
4. e-mail address for enquiries about the Seller’s products: biuro@domartstyl.pl
5. Bank account Number of bank account for gold transfers
  ALIOR BANK EN 14 2490 0005 0000 4530 2228 1700
Contracts for the provision of electronic services and sales are concluded with the Seller through the Shop.
The object of the Seller’s business is to sell the products indicated on the Website (hereinafter referred to as “Products”).
The Seller shall communicate with Users via the website indicated in § 1.2 above, as well as by telephone, letter and e-mail.
The shop enables:
1. Create and maintain a user account (hereinafter: “Account”), allowing you to modify your personal data, view your order processing status, purchase history, use the shop, save your shopping cart, receive discounts, promotional coupons and access the order archive.
2. Obtain information about available products in the shop.
3. E-ordering by persons using the shop (hereinafter: “Buyers” or “Customers”).
4. Subscribing to a newsletter (hereinafter: “Newsletter”), which means consent to receive an electronic information bulletin from the Seller, containing news and promotions in the Shop’s offer, sent with the user’s consent via e-mail.
A Consumer, in accordance with these Terms and Conditions, is a natural person making a legal transaction with a trader that is not directly related to his/her economic or professional activity. Where an individual enters into a contract directly related to his/her business activity, but it is apparent from the content of that contract that it is not of a professional nature, he/she also qualifies as a Consumer.
Registration of an Account requires acceptance of the Terms and Conditions by ticking the appropriate box in the registration form.
The use of the Shop is free of charge for the User.
Sales contracts and contracts for the provision of electronic services may be concluded in all language versions available on the Website. There is no minimum duration for the Consumer’s obligations under these contracts. In the event that the Consumer is not entitled to withdraw from the contract (pursuant to § 5(5) of the Terms and Conditions), the duration of the Consumer’s obligations under the sales contract shall last until the Consumer has paid the price to the Seller.
The fulfilment of the unsolicited performance by the Consumer is at the risk of the Seller, which does not impose any additional obligations on the Consumer. The Consumer’s failure to respond to the unsolicited performance does not imply consent to the conclusion of any contract.

§2 Placing orders in the Shop

Orders for Products in the Shop may be placed by natural persons, legal persons and organisational units without legal personality that have legal capacity in accordance with the applicable legislation.
The Website allows you to register an Account by filling in by the User, the registration form available in the Shop.
For the successful registration of an Account, it is also necessary to provide a total:
1. providing the User’s data in the form, where the provision of certain data may be optional or required only at the time of placing the Order,
2. acceptance of the Terms and Conditions and familiarisation with the Website’s privacy policy, and submission of other statements marked as mandatory by ticking the relevant boxes.
The purchaser undertakes not to make the password available to third parties.
When an Account is created, a contract for the provision of electronic services is concluded between the Seller and the User.
Placing orders in the Shop is possible via a form after logging in to the User Account, provided that the Customer has previously registered in the Shop and accepted the provisions of the Rules and Regulations. Placing Products in the shopping cart by the Customer (i.e. browsing the selected but not yet purchased Products) does not entail their purchase or reservation. The Seller reserves the right to refuse to sell the Products if fulfilment of all or part of the Order is not possible.
In order to place an Order, it is necessary to accept the Terms and Conditions and Privacy Policy, and to make other required statements by ticking the relevant boxes.
Each time the Ordering procedure is completed, the User clicks the “Order and pay” button (or an equivalent button containing information on the purchase and the obligation to pay for the selected products). By clicking this button, the User confirms that the Order form has been filled in correctly and that the data provided is true, valid, complete and correct. The User also confirms awareness that the fulfilment of the Order entails the obligation to pay, including delivery costs.
In the case of an incorrectly filled Order form, no contract of sale is concluded between the Seller and the Buyer. The Buyer has the right to correct the data given in the submitted Order by contacting the Seller immediately by e-mail, no later than within 3 working days.
Once the Order has been placed, the User will receive an email to the email address indicated on the form, confirming that the Order has been placed. The message contains information on whether the Order was placed correctly.
In the e-mail message referred to in paragraph above, the Seller shall provide the Buyer who is a Consumer with the information required by the law on consumer rights. This information may be included in the body of the e-mail message or in an attachment in *.pdf format. In order to view this document, it is necessary to have the appropriate software such as Adobe Acrobat Reader. In addition, such information may also be provided by the Seller in paper form, delivered together with the ordered Product.
The contract of sale of the Product is concluded as soon as the Buyer is informed of the commencement of the Order. Such confirmation will be sent to the Buyer by e-mail. In the event that the Customer has paid for the Products prior to this date and the fulfilment of the Order is impossible, the Seller shall immediately refund the amount paid.
In the event of unavailability of the Products covered by the Order, the Seller will inform the Customer that the Order cannot be fulfilled. If the inability to carry out the Order results only from the temporary unavailability of the Products, the Seller shall inform the Customer of the expected date of completion of the Order by sending an e-mail to the address provided by the Customer in the Order form.
Orders are processed in the order in which they are placed.
The Seller shall be entitled to impose a maximum number of units of a Product covered by a single Order, as well as to introduce restrictions as regards delivery methods, forms of payment or bulk orders. The User will be informed of any such restrictions each time before the Order is processed.

§3 Prices and payment

Prices of Products: The prices of the Products stated in the Shop do not include delivery costs. The total cost of the Order, including delivery costs, will be presented to the Buyer before the final placement of the Order. On occasion, the Store may offer a free delivery option, which will be indicated accordingly on the Website.
Forms of payment: Payment for the Products can be made in one of the following forms:
1. Transfer to the Seller’s bank account indicated on the Website.
2. Online payment via the instant payment system indicated on the Website.
Additional payment methods: The Seller may also make additional payment methods available, which will be indicated accordingly on the Site.
Consequences of non-payment: In case of non-payment within 7 (seven) working days from the date of the Order – the Order will be cancelled.
Order completion date: In the case of the payment methods specified in §3.1 and §3.2 above, the Order will be fulfilled no later than within 30 (thirty) working days after the total amount for the ordered Products has been credited to the Seller’s account. The Customer will receive an e-mail confirmation of the processing of the order after the full amount for the ordered Products has been credited.
Issuing of invoices: The Buyer authorises the Seller to issue invoices (or other accounting documents documenting sales in electronic form) without obtaining the Buyer’s signature and agrees to send them electronically to the email address provided by the Buyer.
Nature of data presented: The descriptions, images and prices of the Products presented on the Website do not constitute an offer, but only an invitation by the Seller to conclude a sales contract.
Correction of errors in the price of Products: In the event of material errors in the price of a Product on the website (e.g. accidental price reduction without clear justification for a promotion or special offer), the Seller shall not be obliged to conclude a contract of sale of the Product with the Buyer. However, it has the right to cancel an Order concerning such a Product. The Seller shall inform the Customer of this fact, and if the Customer has already made payment, the Seller shall immediately refund the amount paid.

§4 Delivery

The delivery of the Products is carried out within the territory of Poland. If the User wishes to collect the Products at an address outside the area indicated in the preceding sentence, the Seller will ask the Customer to contact him/her by e-mail, telephone or via the contact form in the Shop in order to agree on the feasibility and possible conditions of such delivery.
Deliveries are made from Monday to Friday, excluding public holidays.
The cost of delivery shall be specified each time during the placement of the Order. In the case of delivery of the Products to countries other than those specified in §4.1, determination of the delivery costs requires individual contact between the Buyer and the Seller.
In the case of an Order comprising more than one Product, the shipping time for the entire Order will correspond to the Product with the longest lead time.
The standard lead time for the Products is indicated on the Website. Due to the nature of the Products on offer, in special cases the lead time may be subject to change, of which the Seller will inform the Buyer. Nevertheless, in such situations, the delivery date of the ordered Products will not be longer than 90 working days from the conclusion of the contract.
The Buyer, who is not a Consumer, is obliged to check, in the presence of the carrier (courier), that the Product has not been delivered damaged. In the case of a possible return, it is necessary to properly draw up a damage protocol in the presence of the courier. The absence of such a protocol will result in the refusal of the return by the Seller.
The Seller shall ensure delivery of the Products together with their delivery to the place indicated by the Customer.
Once the Buyer has placed the Order and the Seller has transmitted the ordered Products for dispatch, the Buyer may no longer change the delivery address of the Order.

§5 Right of withdrawal

A consumer purchasing a Product from the Shop has the right to withdraw from a sales agreement concluded with the Seller within 14 (fourteen) days from the date of delivery of the Product, without bearing any costs other than the direct costs of returning the Product . The right of withdrawal referred to in the preceding sentence may be exercised by making a declaration in writing or by e-mail, whereby, in order to meet the deadline referred to in the preceding sentence, it shall be sufficient to send the declaration before the expiry of the deadline to the address indicated in § 1.4 of the Terms and Conditions. The declaration of withdrawal can be made by means of the form attached to the Terms and Conditions.
If the right of withdrawal is exercised, the Seller shall refund to the Consumer all payments made by the Consumer, including the costs of delivery of the goods. The Seller reserves the right to reimburse the costs of delivering the goods according to the cheapest available method offered by the shop. Reimbursement of payments will be made immediately and no later than within 14 (fourteen) days from the date of receipt by the Seller of the declaration of withdrawal from the sales contract, using the same method of payment used by the Consumer, unless the Consumer has agreed to a different method of reimbursement that does not involve additional costs. If the Consumer has chosen the method of payment specified in §3 (2) (1) or (2) of the Terms and Conditions, the return of the payment shall be made, with the Consumer’s consent, to the address of the Seller indicated by the Consumer, to the bank account indicated by the Consumer or by postal order. The Seller may withhold the return of the payment until it has received the returned item.
The Consumer, having the right to withdraw from the contract, is obliged to return the Product within 14 (fourteen) days from the date of making the declaration of withdrawal from the contract of sale of the Product. The organisation of the return of the Product, due to its nature, can be provided by the Seller. Due to the size and weight of the Products, returning them may involve additional costs. In order to make a return, the Customer should contact the Seller in order to arrange a date to collect the returned Product. The Product will be collected by a carrier acting on behalf of the Seller. The Customer will receive a return label from the Seller to be placed on the packaging of the returned Product.
The cost of returning the returned goods shall be borne by the Buyer. In the case of goods which, due to their nature, e.g. size, cannot be sent back by ordinary post or courier service, the cost of their collection by the Seller with his own transport depends on the place of collection of the goods and the size of the order and is determined individually for each return.
The consumer 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 its nature, characteristics and functioning.
In specific cases, the right of withdrawal referred to in paragraph 1 above shall not be granted to the Consumer due to the exceptions indicated in the consumer rights legislation, inter alia with regard to contracts:
1. the sale of Products that are not prefabricated, made to the Consumer’s specifications or intended to meet the Consumer’s individual needs,
2. where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
3. in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery.
The right of withdrawal referred to in this Article shall apply mutatis mutandis to services provided by the Seller electronically.

§6 Additional legal disclaimers

The content and structure of the Website are protected by copyright. The copying of data or information, in particular the use of texts, photographs, graphics, drawings, maps, plans and films on the Website (including the Terms of Service), and fragments thereof, is prohibited without the consent of the Seller, unless expressly permitted by law or the Terms of Service.
The Seller informs that the photos and visualisations of the Products placed on the Website are for illustrative purposes only and may differ from the actual products due to individual settings of the User’s device.

§7 Special provisions concerning the provision of services by the Seller by electronic means

These Terms and Conditions also constitute the terms and conditions for the provision of electronic services, subject to paragraph 15 below.
In order to browse the Shop and interact with the ICT system used by the Seller, it is necessary to have:
1. A device with access to the Internet, enabling web browsing, in particular a device running a Windows, Linux, MacOS or Android operating system; the minimum screen resolution for responsive access to the Shop’s website is 1024×768.
2. An updated web browser with Java Script support in the latest stable version provided by the manufacturer, such as MS Edge, Google Chrome, Mozilla Firefox, Opera, Safari.
3. Cookies are enabled and the relevant browser plug-ins supporting Java, Javascript, Adobe Flash are installed.
4. Disabled software blocking the execution of the aforementioned scripts.
5. The information provided by the Seller, including the Terms and Conditions, may be made available in pdf format. In order to view them, it is necessary to install software that allows the opening of such files, such as: Adobe Acrobat reader.
A contract for the provision of services by electronic means shall be concluded upon registration of an Account by the person using the Shop or by providing an e-mail address for the purpose of receiving the Newsletter.
The agreement for the provision of services by electronic means shall be concluded for an indefinite period of time and may be terminated under the terms and conditions specified in the applicable legislation and by sending a statement of termination of the agreement for the provision of services by electronic means to the Seller’s contact details as specified in § 1.4 of the Terms and Conditions.
When using the Shop and other services provided by the Seller electronically, it is forbidden for the User to provide content of an unlawful nature, infringing personal rights or copyrights of third parties, or in any way violating current social norms and customs, rules of social interaction on the Internet (netiquette). In particular, the User is prohibited from:
1. Promoting totalitarian systems and related symbols, inciting hatred or committing a crime.
2. Posting of abusive content, content containing vulgarities or content generally considered offensive.
3. Posting and using personal data and images of others without proper authorisation.
4. Delivery of malware.
5. Posting of content advocating the use of drugs or psychoactive substances or advocating the abuse of alcohol.
6. Spamming or behaving in a manner characteristic of an act of unfair competition or an unfair market practice.
7. Post content that damages the good name or reputation of the Seller or third parties.
8. To post links to websites and files containing the content indicated above.
It is forbidden to carry out any penetration tests, security tests, security breach attempts or hacking activities in relation to the Shop.
You are responsible for the content you post in the Shop. If the User posts content in the Shop that is prohibited by law or the Terms and Conditions, the Seller has the right to remove such content and may terminate the contract for the provision of electronic services with immediate effect.
The procedure for complaints about electronically provided services is as follows:
1. Persons who are recipients of the services may file complaints regarding the services provided electronically by the Seller. Complaints should be submitted in writing or electronically to the addresses indicated in §1 section 4 of the Terms and Conditions.
2. The complaint should include:
  - a) the User’s designation and identification data,
  - (b) the designation of the advertised service,
  - (c) a justification demonstrating the irregularity.
Complaints will be dealt with within 14 (fourteen) days of receipt.
During the complaint procedure, the Seller may request additional explanations, documents or verification of the event covered by the complaint.
Once the complaint has been resolved, the Seller will inform the complainant whether the complaint has been accepted or not. Information on the refusal of the complaint will include the reasons for the refusal.
After exhausting the complaint procedure provided for in the Terms and Conditions, the User who is a Consumer may use the court procedure to assert his/her potential claims or use the out-of-court complaint procedures provided for by law.
The Vendor also advises on the existence of an ODR (online dispute resolution) platform in operation since 15 February 2016 at: http://ec.europa.eu/consumers/odr and the possibility of using the ODR platform for Dispute Resolution.
In fulfilment of the legal requirements for the provision of electronic services, the Seller informs you that:
1. The use of electronically supplied services via the Internet involves risks. The main risk is the possibility of your computer system being infected by so-called viruses, worms and Trojan horses. In order to avoid such risks, it is recommended that persons using the Shop have anti-virus software installed on their devices and updated,
2. The Seller introduces so-called “cookies” into the computer system of the person visiting the Shop, which are small pieces of text sent to the browser by the website and which the browser returns on subsequent visits to the website. Cookies are mainly used to maintain a session, e.g. by generating and returning a temporary identifier after logging in. However, they can be used more widely to store any data that can be encoded as a string of characters. In this way, the user does not have to enter the same information every time he or she revisits a site or moves from one site to another.
The Seller reserves the right to establish separate terms and conditions for individual electronically provided services. If separate terms and conditions are in force, the provisions of sections 1-14 above shall not apply to the service in question.

§8 Complaints

The seller undertakes to deliver the goods without defects.
The Seller shall be liable to the Buyer who is a Consumer if the Product sold has a physical or legal defect. In relation to Buyers who are not Consumers, the Seller’s liability described in the previous sentence is excluded.
The provisions in this paragraph concerning consumers shall also apply to a natural person who concludes a contract directly related to his/her business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the object of his/her business activity.
Complaints resulting from the Customers’ rights described in section 2 above may be submitted to the Seller in writing or by e-mail to the address indicated in §1 section 3 of the Terms and Conditions.
The complaint should include at least:
1. Designation of the complainant, together with the necessary identifying data, including e-mail address.
2. Identification of the Product complained of and a comprehensive indication of the irregularity.
If the required information is missing, the Seller will call on the complainant to complete it.
In the course of the complaint procedure, the Seller may request additional explanations, documents or verification of the course of the event complained of.
The Seller shall, within 14 (fourteen) days of the complaint containing all the necessary data, respond to it and notify the Consumer of further proceedings.
The seller will make every effort to handle complaints without undue delay.
Once the procedure set out in this paragraph has been exhausted, the User, who is a Consumer, has the possibility to use the judicial route to assert his/her potential claims or to use the out-of-court complaint handling procedures provided for by law.
The Seller also advises on the existence of an ODR (online dispute resolution) platform in operation since 15 February 2016 at: http://ec.europa.eu/consumers/odr and the possibility of using the ODR platform to resolve disputes.
The vendor provides an after-sales service.

§9 Newsletter

Each user, by providing his/her e-mail address, accepting the provisions of the Terms and Conditions and making other required declarations, may agree to receive the Newsletter at the e-mail address provided.
If the User gives such consent, the Seller may periodically send a Newsletter to the e-mail address provided by the User (at times selected by the Seller).
The User may unsubscribe from the Newsletter by clicking on the link contained in each Newsletter message, by changing the Account settings or by sending a message with an unsubscribe request to the e-mail address indicated in §1, section 4, point 3) of the Terms and Conditions.
The newsletter may contain paid promotion, commercial offers, industry information and advertising.
The Newsletter service is free of charge.

§10 Additional information

If the delivery date is changed by the User, the Seller will charge a storage and warehousing fee of PLN 5 net per piece of furniture per day. These costs are non-refundable and are only charged if the delivery/collection date is changed by the buyer/orderer.
Wood colours and fabric colours. The colours shown in the photos and in the swatches are reference colours and may differ from the actual colours depending on the monitor settings. Colour variations between production batches are permissible.
The furniture is made from natural wood, a feature of which is its unique structure. Legs and armrests in the same piece of furniture may have different grain patterns and colours, which may affect the colour saturation of the stain applied. These differences are a natural characteristic of wood due to the variety of its structure, grain and colour and are not a defect. Repeatability of colour and grain can only be achieved with PVC veneers and veneers. Therefore, we draw attention to the possibility of differences in stain shades, especially when ordering another piece of furniture for the set. In addition, the shade of stain seen on the screen depends on the class and quality of the monitor.
In the case of adding subsequent products, there is a possibility of differences in the colours of metal bases, wood staining and upholstery materials due to their different batches. It is also possible that changes may occur in the dimensions of the product, materials used for production, decorative and movable elements and others resulting from the need to eliminate defects in the furniture.
Metal frames are not completely smooth, uniform. Weld seams may be visible and there may be irregularities in the surface, or small defects in the structure.

If the furniture is made in entrusted fabric, its quantity must be agreed with the Seller in each case and sent to the address: Szklarka Mielęcka 7, 63-600 Kępno with the note: the name of the ordering party and the order number, together with: – the name of the entrusted fabric, – indicating the right side of the fabric if it is a questionable issue. The number of running metres given by the Seller refers to the smooth fabric of the usable width of 140 cm (without the edges which cannot be used).

Fabrics must be sent in one piece. Fabric remnants are not returned. In the case of striped fabric, please state whether you want it to be arranged vertically or horizontally on the furniture. Patterned fabrics are not arranged on the furniture, no pattern to pattern matching is done. The retailer is not responsible for the quality of the fabric sent, on which the final appearance of the made furniture depends.

In the case of a large number of pieces of furniture ordered in entrusted fabric or in the case of doubts concerning the possibility of manufacturing a given model in the sent fabric, the Seller reserves the right to make one piece for a test in order to assess the possibility of manufacturing the furniture, the quality and behaviour of the fabric on a given piece of furniture. The Seller reserves the right to refuse an order in entrusted fabric at any stage of production if for technical reasons it cannot be used.

§11 Final provisions

The Seller is not bound by any additional, optional codes of good practice or other such documents, which does not change the fact that, under generally applicable laws, the Seller is already obliged not to infringe the principles of fair competition and not to use unfair market practices.
In the case of a User who is not a Consumer, Polish law shall apply to assess the rights and obligations of the parties under the Terms of Use. The territorial jurisdiction of the Court competent to resolve a dispute shall be determined in accordance with the generally applicable provisions of law, in particular the provisions of law on the protection of consumer rights.
Any person using the Shop can access the Terms and Conditions at any time by clicking on the link on the Shop page, and can copy the contents of the Terms and Conditions to a file or download them in .pdf format and print them.
The Seller informs that the Terms and Conditions may be subject to change. In such a case, the Terms and Conditions will be made available to the User by posting them in the Shop and on the relevant Seller’s websites, as well as by sending the Terms and Conditions to the Customer’s e-mail address.
Please refer to the privacy policy for detailed information on data protection.

Moje konto

Koszyk

Terms and Conditions

Categories

Informations

Contact