Regulations

Terms of Use Sculpturest.com

current as of […]

§ 1

Terms Used

Below you will find definitions of all important terms used in this Terms of Use. These terms are written with a capital letter to distinguish them from other words. Their meaning will apply whether they are written in plural or singular. The list of terms includes:

  1. Administrator – Legacy Landmarks IBMT Spółka z ograniczoną odpowiedzialnością spółka komandytowa (limited liability company limited partnership) with its registered office in Błonie, address: Maszynowa 1 Street, 55-330 Błonie, entered in the register of businesses kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Registry under number KRS 0000448826, REGON 02207759200000, NIP 9131615600, represented by IBMT Spółka z ograniczoną odpowiedzialnością (limited liability company), acting as a general partner thereof, entered in the register of businesses kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Registry, under number KRS 0000264949, REGON 10025958000000, NIP 8943043435;
  2. Payment Broker – a service that allows the User to pay for the Order in a non-cash manner and at the same time an external financial intermediary offering this service, i.e.:
    1. PayPal – PayPal (Europe) S.à rl & Cie, SCA with its registered office at L-1150 in Luxembourg and / or PayPal Inc. with its registered office in the United States, in California;
  1. Working Day – the day between Monday to Friday, excluding public holidays;
  2. Registration Form – an electronic form enabling the User to create a personal Account, provided by the Administrator on the Website;
  3. Order Form – a form that allows User to submit Order in particular by adding Products to the electronic shopping cart, specifying the method of delivery and payment as well as other conditions of the Sales Agreement by using the form provided by the Administrator in electronic form on the Website;
  4. Civil Code – the polish Act of April 23, 1964, the Civil Code (i.e. Journal of Laws of 2020, items 1740, as amended);
  5. Consumer – User who is a natural person who places an Order not directly related to his business or professional activity;
  6. Account – an individual and unique User account created by the User on the Website, that includes the following data:
  1. user name (login or e-mail address) and password to access the account,
  2. name and surname,
  3. company name,
  4. address: street, building number, zip code, city, country,
  5. address for delivery if different than normal address,
  6. e-mail address,
  7. telephone number,
  8. previous Orders (history of Orders), or other data indicated in account form.

The Account simplifies processing the Order.

Creating an Account is not obligatory to making an Order;

  1. Newsletter – a service offered by the Administrator via the Website consists in sending (distribution) information to users who have previously gave their consent to it. This information may concern: news and current promotions on the Website; Services; Products; Administrator or Website; and they can be directed via e-mail e-mail or SMS or in any other form previously chosen and approved by the User;
  2. Third Country – a country other than a member state of the European Union;
  3. Privacy Policy – a document detailing the rules for the processing of the User’s personal data by the Administrator, the use of the cookies files and other details connected with User. Privacy Policy is a separate document from these Terms of Use;
  4. Product – products and / or services offered for sale by the Administrator available for purchase via the Website at the price specified on the Website;
  5. Terms of Use – this Terms of Use;
  6. Website – a website with an online store kept by the Administrator at www.sculpturest.com ;
  7. Party – Administrator or User;
  8. Service – a free electronic service provided by the Administrator on the Website to Users, enabling:
    1. browsing, cataloging and searching by the User of the Products offered on the Website;
    2. making an Order and concluding a Sales Agreement;
    3. setting up and maintaining an Account;
    4. using the Newsletter;
    5. using other services provided by the Administrator not mentioned in these Terms of Use.

19) User – a person using the Services offered on the Website, including:

20) Sales Agreement – a sale agreement concluded between the User and the Administrator via the Website, under which the Administrator sells the Product to the User in exchange for a fixed price.

21) Order – a statement made by the User via Service in electronic form containing the consent to the delivery of the Product, specifying the type and number of copies of the Product, form of payment, method of delivery and any other information necessary to conclude a Sales Agreement (available in the Order Form).

§ 2

Processing rules and data protection

  1. To use the Website, it is necessary to meet the following requirements:
  1. a working and efficient telecommunication device (computer, tablet, smartphone or other similar device) with access to the Internet;
  2. installed and updated web browser;
  3. active electronic mail (e-mail) account to which the User has access;
  4. Javascript and cookie text files enabled.;
  1. The User acknowledges and accepts the minimum technical conditions indicated above.
  2. Detailed rules for the processing of the User’s personal data by the Administrator, including the processing of cookies, are set out in the Privacy Policy, which is a separate document from these Terms of Use available for viewing on the Website.
  3. By accepting these Terms of Use, the User also accepts the content of the Privacy Policy made available to him on the Website.

§ 3

Newsletter

  1. The User may use the Newsletter service distributed by the Administrator free of charge, in the event that the Administrator provides such a service.
  2. The use of the Newsletter service is possible by providing an e-mail address in the Newsletter tab to which subsequent editions of the Newsletter are to be sent and by confirming the willingness to use this service.
  3. The User has the right to resign from the Newsletter service at any time without giving a reason by sending an appropriate request to the Administrator via e-mail indicated on the website or by marking the option to unsubscribe from the Newsletter on the Website or marking such option in a message sent via newsletter (depending on the available option).
  4. The User has the right to make a complaint regarding the Newsletter in electronic form on the terms set out in paragraph 11 below.

§ 4

Account

  1. The User has the right to use the Website free of charge (i.e. services provided by the Administrator on the Website) with or without a User Account.
  2. The Account enables the User to make an Order via the Website, access to the order’s history and access to other information.
  3. Registering an Account on the Website consists in completing the Registration Form with the following data:
  1. name and surname or name of the User (required);
  2. company name (optional)
  3. e-mail address (required);
  4. telephone number (optional);
  5. login (if different than e-mail address) and account password (required);
  6. address: street, building number, apartment number, zip code, city, country (required);
  7. address for delivery if different than normal address (required).
  1. After completing the Registration Form, the User makes a statement that he has read the Terms of Use and the Privacy Policy and accepts their provisions.
  2. After or during completing the Registration Form and submitting the declaration mentioned above, the Administrator sends an e-mail to the e-mail address provided by the User confirming the entry of data with an activation link. Account activation is possible only through the activation link sent to the User.
  3. By registering the Account on the Website, the User agrees to the automatic completion of the Order Form in subsequent orders based on the information provided by the User. The User has the right to change automatically completed data each time he is making an Order.
  4. The User may delete the created Account and request the deletion part or all of his personal data.
  5. The User has the right to lodge complaints regarding the User Account in electronic form on the terms set out in paragraph 11 below.

§ 5

The principles of ordering and payment for your Orders

  1. The product may be purchased via Account or as a guest mode.
  2. Submission of an Order on the Website consists in completing the Order Form by the User with the following data:
  1. name and surname or name of the User or company name (required);
  2. e-mail address (required);
  3. contact telephone number (optional to contact the supplier, e.g. courier);
  4. address: street, building number, apartment number, zip code, city, country (required);
  5. delivery address: street, building number, apartment number, zip code, city, country (required if different than normal address);
  6. invoice details (optional, if applicable);
  7. other information necessary for the execution of the Order;
  1. After completing the data as part of the Order Form, the User proceeds to choose the payment method and can pay for it using the following methods:
  1. by transfer to the Administrator’s bank account;
  2. via a payment service managed by Payment Broker;
  3. during the personal collection of the Product (if the Administrator has previously agreed to it or the Product has been marked as possible for personal collection).
  1. In order to place an Order, the User is obliged:
  1. to choice a Product;
  2. to accept the provisions of these Terms of Use;
  3. to fill in the Order Form;
  4. to pay for the Order in the manner selected in the Order Form, unless the choice of payment on delivery has been made and such payment has been made available by the Administrator.
  1. If the User choose to pay by bank transfer, the User is obliged to make the transfer within 3 days from the date of making the Order. The transfer should be made to the Administrator’s bank account number provided during the ordering process. If the transfer is not made within the above-mentioned period, the order may be considered as not completed by the Administrator and the transaction will be canceled.
  2. If the User choose to pay by payment service managed by Payment Broker, the payment is made on the terms and in accordance with the internal regulations of this Payment Broker. The administrator has no influence on the policies of this Payment Broker.
  3. Day of the payment by bank transfer or via payment service managed by Payment Broker is the day the transfer is credited to Administrator’s bank account.
  4. After making a payment for the Order, the Administrator immediately confirms its receipt and at the same time accepts the Order for execution not earlier than when the payment is credited.
  5. In the case of choosing the method of payment during the personal collection of the Product, the Administrator immediately confirms the receipt of the Order and accepts it for execution.
  6. Confirmation of the Order is sent by the Administrator in electronic form to the e-mail address provided by the User in the Order Form.
  7. Submission of an Order and confirming its acceptance by the Administrator, a Sales Agreement is concluded between the User and the Administrator.
  8. It is assumed that the Administrator starts the Order only on Working Days.

§ 6

Products. Pre-order. Conditions of the sale of the Product. Sale cancellation

  1. Products on the Website are available to purchase in pre-order form or in normal, current purchase. The form of sale is each time marked on the Website, next to the Product.
  2. If Product is available to purchase via pre-order form, the User is aware that he will receive the Product when the specified time has elapsed. This time results from the remaining time of the pre-order sale process and the time needed to manufacture the Product.
  3. The pre-order sale end time is marked on the Website, next to the Product (usually about 3-6 weeks).
  4. The delivery time is each time marked on the Website, next to the Product.
  5. If the User makes a purchase in the form of a pre-order, payment for the Product is made during the purchase (not after the end of the pre-order process).
  6. The User makes an Order on the Website using the Order Form.
  7. The Website may reserve the right to purchase only one piece of each Product. The possible number of items for purchase is marked on the Website, next to the Product.
  8. The Product price is given in USD (american dollar) or EUR (euro) or in other available currency. The Product price includes taxes and other public law liabilities (gross price). The Product price may include the delivery price. The Product price does not include the and customs duties (if applicable).
  9. Final price of the Order will be increased by the costs of supply and will be available to check before paying for the Order. This amount does not include any customs duties (if applicable) which will be charged by the competent authorities.
  10. In the event that the cost of delivery at the time of its submission is not possible to be determined (e.g. shipping abroad), the User will be informed about such costs when completing the Order Form or after the final Order. If the User does not accept the delivery costs, the amount paid as the Order is returned and the Order will be canceled.
  11. The User acknowledges and accepts that in the event that the Administrator agrees to the execution of the Order by delivery the Product in the territory of a third country, the price of the Order does not include taxes and other fees or public charges (e.g. customs duties). The third country where the Product is to be delivered may demand payment of such fees and the User undertakes to cover and pay such costs.
  12. In the Order Form, the User is obliged to provide the following information:
  1. type and number of ordered Products (added automatically after selecting the Product);
  2. name and surname or name of the User or company name;
  3. delivery method and address (street, building number, apartment number, zip code, city, country);
  4. e-mail address of the User;
  5. contact telephone number (optional for contact with the courier or other shipper);
  6. additional information placed in the Notes tab (for example, regarding the size, method of personalizing the Product or other information);
  7. selected form of payment in accordance with these Terms of Use.
  1. A User who is not a Consumer in case of a need to receive a VAT invoice, in addition to the data listed is obliged to provide the following data:
    1. full name of the company;
    2. Tax Identification Number (VAT/NIP);
    3. address details including street, building number, apartment number, zip code, city, country.
  1. The Administrator will issue and send to the e-mail address of a User who is not a Consumer a VAT invoice in electronic form (PDF or other commonly used file format). The User agrees to receive a VAT invoice in this form.
  2. Administrator has the right to cancel the purchase if, as a result of an error, it turns out that the sold Product is no more available. In such a situation, the Administrator will immediately inform the User about such situation and will make a refund. The right to cancel the purchase may apply up to the time when the Product was to be shipped.

§ 7

Rules of delivery an Order

    1. The Product is delivered on the territory of the European Union or in the territory of third countries. Estimated delivery time is 1-7 days depending on the recipient’s (delivery) country.
    2. The current list of countries to which delivery are made is each time available on the Website when placing an Order and / or in another public place on the Website containing information about deliveries and payments.
    3. The Administrator reserves the refusal to deliver the Product outside the territory of the European Union in a situation where for technical reasons it is impossible, excessively difficult or involving excessive costs. The User will be immediately informed about this fact by the Administrator and in the event of payment, the amount paid by the User will be fully refunded.
    4. If the User chooses to deliver the Product in the territory of a third country, the Administrator presents the approximate date of delivery of the Product, but this term is not binding.
    5. The User is obliged to bear all the costs of delivery of the Product, unless the provisions of the Sales Agreement provide otherwise.
    6. The delivery of the Product takes place through the postal operators indicated each time in the process of Order’s fulfilment, which include, inter alia, the following entities:
  2. UPS;
  3. DHL;
  4. DPD;
  5. GLS
  6. Fedex;
  7. Pocztex;
  8. UPS;
  9. InPost.
  1. The exact costs of delivery of the Product and the delivery date (including for foreign shipments) is each time specified when placing the Order or in another public place on the Website containing information about deliveries and payments.
  2. If you choose to collect the Product in person, the collection and method of payment (if the payment was not made when placing the Order) will take place at the place and time previously agreed by the Administrator and the User.
  3. The Product delivery date is counted from:
  1. making a payment;
  2. making an order (in the case of choosing a personal Product pickup).
  1. Administrator will each time inform the User about order status and about picking up the Product by delivery service (courier). Such information will be provided in electronic form to the e-mail address provided by the User in the Order Form

§ 8

Rights for Consumers

  1. The Consumer who has concluded a distance Sale Agreement may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in sec. 8 below (the difference between the cheapest delivery costs and the form of delivery chosen by the User).
  2. To fulfil the deadline, it is enough to send a statement before its expiry (14 days). The declaration of withdrawal from the contract may be submitted in:
  1. in writing form to the appropriate address of the Administrator disclosed in the commercial register;
  2. electronic form via e-mail to the following e-mail address: [email protected].
  1. An exemplary model withdrawal form is included in annex to these Terms of Use.
  2. The period for withdrawal from the contract begins:
  1. in the case of delivery of the product by a postal operator – upon receipt of the Product by the User, unless:
  1. The Consumer receives many Products that are delivered separately, in batches or in parts – in this case, the deadline for submitting a declaration of withdrawal from the contract begins with taking possession of the last Product, batch or part, or
  2. the delivery of the Product consists in the regular delivery of the Products for a specified period of time – in this case, the deadline for submitting the declaration of withdrawal from the contract begins with taking possession of the first of the Products;
  1. for an agreement other than those indicated above – from the date of conclusion of that agreement.
  1. In the event of withdrawal from a distance contract, the agreement is considered void.
  2. The Administrator is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer’s statement on withdrawal from the agreement, return to the Consumer all payments made by him, including the delivery costs of the Product, subject to sec. 7 and 8 below.
  3. The Administrator refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve additional costs for the Administrator. If the Administrator has not offered to collect the Product from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, depending on which event occurs first.
  4. If the Consumer has chosen a Product delivery method other than the cheapest standard delivery method available on the Website, the Administrator is not obliged to refund the Consumer the difference between the costs incurred by the User and the cheapest delivery option.
  5. The consumer bears direct costs related to the return of the Product.
  6. In the case of a Product that is a service, the performance of which – at the express request of the Consumer – began before the deadline to withdraw from the contract, the Consumer who submits a declaration of withdrawal from the agreement after submitting such a request, is obliged to pay for services and services fulfilled until the withdrawal from the agreement. The amount to be paid is calculated in proportion to the scope of the service provided or performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
  7. The right to withdraw from a distance agreement is not entitled to the Consumer in relation to contracts:
  1. provision of services, if the Administrator has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Administrator fulfils the service, he will lose the right to withdraw from the contract;
  2. in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
  3. in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after its delivery.

§ 9

Out-of-court methods of resolving disputes with the Consumer

  1. Detailed information on the possibility for the User who is the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available on the website of the polish Office of Competition Protection.
  2. At the President of the polish Office of Competition and Consumer Protection, there is also a contact point whose task is, among others, to provide assistance to Consumers in matters related to out-of-court resolution of consumer disputes.
  3. The Consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
  1. application for dispute resolution to a permanent amicable consumer court;
  2. application for an out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity by the Administrator); and
  3. assistance of a poviat (municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
  1. At the address http://ec.europa.eu/consumers/odr, there is an online platform for resolving disputes between Consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for Consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.

§ 10

Provisions regarding Users who are not Consumers

    1. This paragraph of the Terms of Use and the provisions contained therein apply only to Users who are not Consumers.
    2. The Administrator has the right to withdraw from the Sales Agreement concluded with a User who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the User who is not a Consumer against the Administrator.
    3. In the case of Users who are not Consumers, the Administrator has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the payment method chosen by the User and the fact of concluding a Sales Agreement.
    4. Upon the release of the Product by the Administrator to the carrier (supplier), the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the User who is not a Consumer. In such a case, the Administrator shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the User, and for delay in transporting the shipment.
    5. If the Product is sent to the User via a carrier (supplier) of the User who is not a Consumer, he is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier’s liability.
    6. Pursuant to Art. 558 § 1 of the Polish Civil Code, the Administrator’s liability under the warranty for the Product towards a User who is not a Consumer is excluded.
    7. In the case of the User who is not Consumer, the Administrator may terminate the contract for the provision of the Service with immediate effect and without giving reasons by sending the User an appropriate statement.
    8. The Administrator’s liability towards a User who is not a Consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sale Agreement. The Administrator is liable to the User who is not a Consumer only for typical damages predictable at the time of concluding the contract and is not responsible for lost profits in relation to the User who is not a Consumer.
    9. Any disputes arising between the Administrator and a User who is not a Consumer will be submitted to the court having jurisdiction over the Administrator’s registered office.

§ 11

Complaint

    1. The basis and scope of the Administrator’s liability towards the User, if the sold Product has a physical or legal defect (warranty) and under the guarantee (if the guarantee has been granted) are defined by generally applicable law, in particular in the Civil Code (including Article 556 -576 of the Polish Civil Code).
    2. The User may submit a complaint in the:
  2. in writing form to the appropriate address of the Administrator disclosed in the commercial register;
  3. electronic form via e-mail to the following e-mail address: [email protected]
  1. The description of the complaint should include:
  1. information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
  2. demand a method of bringing the Product into compliance with the Sale Agreement or a declaration of price reduction or withdrawal from the Sale Agreement; and
  3. contact details of the person submitting the complaint, in particular the name and surname or the name of the User, order number. Indication of the information mentioned in the preceding sentence will facilitate and accelerate the consideration of the complaint by the Administrator. The Administrator reserves that the requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  1. The Administrator will respond to the User’s complaint immediately, not later than within 30 calendar days from the date of its submission. If the User who is a Consumer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Administrator did not respond to this request within 30 calendar days, it is considered that the request was considered justified

§ 12

Final Provisions

  1. Agreements concluded via the Website are concluded in Polish or in English (depends on the User’s country of origin).
  2. To contact us, please contact us via email address: [email protected]
  3. If you would like to cooperate with us as an artist or art gallery, please contact us via email address: [email protected]
  4. The Administrator reserves the right to amend the Terms of Use for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Terms of Use.
  5. In the event of concluding continuous contracts on the basis of these Terms of Use (e.g. provision of the Service in the form of using the Account), the amended Terms of Use bind the User if the User has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification (Articles 384 and 384 [1] of the Civil Code). In the event that the amendment to the Terms of Use would result in the introduction of any new fees or an increase in the current User who is a Consumer, the User has the right to withdraw from the agreement.
  6. In the event of concluding on the basis of these Terms of Use agreements of a nature other than continuous agreements (e.g. Sales Agreement), amendments to the Terms of Use will not in any way infringe the rights acquired by Users who are Consumers before the date of entry into force of the amendments to the Terms of Use, in particular, amendments to the Terms of Use will not apply impact on already placed or placed Orders and concluded, implemented or performed Sale Agreement.
  7. In matters not covered by this Terms of Use, generally applicable provisions of Polish law shall apply.

 

 

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