- DEFINITIONS
- GENERAL PROVISIONS
- ELECTORONIC SERVICES DELIVERY
- TERMS OF CONCLUDING SALES AGREEMENT
- DELIVERY
- PAYMENTS
- COMPLAINTS PROCEDURE
- PRIVACY POLICY & DATA PROTECTION
- FINAL PROVISIONS
- DEFINITIONS
The terms used in these Regulations mean:
1.1. PASSWORD – a string of alphanumeric signs indispensable for authorization [by the system] and being granted access to the Account, preset by the Customer while registering [with the system].
1.2. CUSTOMER – a natural person who has full capacity for legal acts but also, in the events as predicted by law, a natural person with limited capacity for legal acts, an entity with a corporate personality or a business activity to which the provisions of law [Civil Code, Commercial Code] assign legal capacity and which intends to enter into or has entered into a Sales Contract or an Agreement to provide internet/electronic services.
1.3. CIVIL CODE – the Civil Code as of April 23, 1964 (Journal of Laws No 16 Item 93 as amended).
1.4. CONSUMER – a natural person who by entering into a sales agreement or into an agreement on provision electronic services is not and will not be directly linked to a business activity or a profession.
1.5. ACCOUNT (CUSTOMER’S ACCOUNT) – the subpage of the online shop where information about the Customer’s orders etc. is stored.
1.6. PRODUCT – a movable tangible asset available in the online shop which is a subject of the Sales Agreement between the Customer and the Seller.
1.7. REGULATIONS – these regulations of the online shop.
1.8. REGISTRATION – a single activity that consists in creation of the Customer’s account using a registration form available on the Service Provider’s website.
1.9. ONLINE SHOP (SHOP) – an Internet shop run by the Service Provider available on www.mytiny.art by means of which the Customer may enter into the Sales Contract or Agreement on provision electronic services.
1.10. SELLER/ SERVICE PROVIDER – an entity under the business name My Tiny Art e-mail address: shop@mytiny.art
1.11. PARTY – Service provider, Seller or a Customer.
1.12. SALES AGREEMENT (AGREEMENT) – an agreement to sell a Product as per the meaning of the Civil Code which is concluded by means of the Online shop.
1.13. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider through the online shop.
1.14. ORDER – a Customer’s declaration of will that directly aims at entering into a Sales Agreement of the product and defining its important conditions.
- GENERAL PROVISIONS
2.1. The resolutions of these Regulations do not aim at excluding or limiting whatever rights of the Customer who is a Consumer at the same time by force of binding legal regulations. Should there be a discrepancy between the resolutions of the Regulations and the said regulations, the regulations shall prevail.
2.2. Regulations define principles determining the Customer’s use of the online shop.
2.3. These Regulations constitute the regulations, as referred to in Art.8 of the Law on the provision of electronic services as of July 18, 2002 (Journal of Laws from 2002, No. 144, item 1204 as amended). They also regulate terms of entering into sales agreements via the online shop.
2.4. The Online Shop is run by the Seller.
2.5. The Service Provider renders the following electronic Services through the Online Shop:
2.5.1. The Customer’s Account with the Online Shop;
2.5.2. An interactive form enabling Customers to place an order in the Online Shop;
2.5.3. A newsletter
2.6. Below are the minimum technical requirements indispensable for functioning within the digital system used by the Service Provider:
2.6.1. A computer with an access to internet;
2.6.2. An access to an e-mail account;
2.6.3. Recommended resolution of the display: 1024 x 768 pixels.
2.6.4. Internet browser: Internet Explorer version 7.0 or higher with enabled JavaScript and cookies, Mozilla Firefox version 3.0 or higher with enabled JavaScript and cookies, or Google Chrome version 8 or higher with enabled JavaScript and cookies.
2.7. The Customer is prohibited to deliver unlawful content.
2.8. The Customer is obliged to enter true and complete data.
2.9. The Customer is obliged to use the Online Shop in accordance with the law and good practices and with respect to personal goods and third party’s intellectual property rights.
2.10. In order to guarantee security of a transfer the Service Provider implements technical and organizational means appropriate to the level of a threat to security of provided electronic Services.
- ELECTORONIC SERVICES DELIVERY
3.1. The Service Provider undertakes to provide electronic services via an online shop in the scope and upon terms as defined in these Regulations.
3.2. The provision of electronic Services by the Service Provider is free of charge.
3.3. Terms of entering into agreements concerning provision of electronic Services:
3.3.1. The Agreement to provide an electronic service consisting in keeping the Consumer’s account in the Online Shop is concluded at the moment of the Consumer’s registration.
3.3.1.1. To register the Consumer must fill in the registration form with the following data: name and surname, address (street, house number, town and post code), e-mail address, phone number and Password.
3.3.2. The Agreement on provision of an electronic service consisting in an access to an interactive registration form enabling the Customer to place an order in the Online Shop is concluded at the moment the Customer commences using this service (adding a Product to a shopping basket/cart).
3.4. The Agreement on provision of an electronic service consisting in keeping the Customer’s Account shall continue until terminated (indefinite term).
3.5. The Agreement on provision of an electronic service consisting in an access to an interactive registration form enabling the Customer to place an order in the Online Shop shall be terminated in the moment of placing an Order (specified term).
3.6. Below are the terms of termination of agreements to provide electronic Services:
3.6.1. Termination of the agreement on provision of electronic services concluded for an indefinite term by any Party does not breach rights or benefits acquired by the Parties during the period of agreement.
3.6.2. Termination of the agreement on provision of electronic services concluded for an indefinite term by any Party does not breach rights or benefits acquired by the Parties during the period of agreement.
3.6.3. Irrespective of the above resolutions the Parties hereto may terminate the agreement on provision of electronic services at any time by the mutual agreement of the Parties.
- TERMS OF CONCLUDING SALES AGREEMENT
4.1. Notices, advertisements, price lists and other information on the Products listed on the web sites of this Online Shop, in particular their descriptions and prices constitute an invitation to enter into a contract within the meaning of Art. 71 of The Civil Code.
4.2. The product price as displayed on the Online Shop web page is denominated in Dolars ($) and includes all components, with VAT and customs fees. The delivery costs are not included; if applicable, they are indicated in the process of placing an Order.
4.3. The product price as displayed on the Online Shop web page is binding at the moment of placing an Order. This price shall not change irrespective of price changes in the Online Shop, which may concern particular Products after the Customer has placed the Order.
4.4. To conclude a sales agreement of the Product via an interactive form the Customer should enter the Online Shop web page, select a Product and place an Order following displayed instructions.
4.4.1. When placing an Order the Customer should indicate the following indispensable data: name and surname, address (street, house number, town and post code), e-mail address, phone number, Product, its quantity, place of delivery, method of delivery, and a payment method.
4.5. An Order is placed via an interactive form upon the clicking the button PLACE ORDER on the form.
4.6. After an Order has been placed, the Seller shall immediately:
(1) confirm its receipt, which binds the Customer by his declaration, and
(2) accept the Order for processing – at this moment the Sales Agreement is concluded. Confirmation of the Order receipt and acceptance for processing is performed by sending an appropriate notification to the e-mail address indicated by the Customer.
4.7. In the process of placing an Order via an interactive form the Customer can modify data until the Order is placed. The Customer should follow displayed instructions available on the Online Shop web page.
- DELIVERY
5.1. The seller undertakes to prepare and ship the order within 3 to 5 business days from the moment the customer places the order via the purchase form.
5.2. The Seller shall deliver Products in accordance by the post or a courier indicated by the Customer when placing an Order.
5.3. Products are delivered worldwide.
5.4. Delivery costs shall be indicated at the time of placing an Order.
- PAYMENTS
The only payment method for ordered products is through the My Tiny Art store is online payments.
- COMPLAINTS PROCEDURE
Due to the fact that the products sold in the My Tiny Art store are made for individual orders, they are not subject to return or exchange. In the event of damage to the product during transport, the customer is obliged to inform the seller about this fact by e-mail to the following address: shop@mytiny.art. The seller and the customer work together to find the best solution to this problem.
- PRIVACY POLICY & DATA PROTECTION
8.1. The Seller is the administrator of the Customer’s personal data stored through the Online Shop.
8.2. The Customer’s personal data collected through the Online Shop (name and surname, address, telephone number, e-mail-address) are processed in order to execute the concluded Sales Agreement or Agreement on provision of Electronic Services.
8.3. The Customer is entitled to access his/her data and to modify them.
8.4. The Customer submits his/her data voluntarily, however if he/she refrains from submission of indicated herein personal data indispensable to concluding the Sales Agreement or Agreement for provision of electronic services, such an agreement shall not be concluded. Data indispensable to concluding the Sales Agreement or Agreement on provision of electronic services are indicated on the Online Shop web page.
- FINAL PROVISIONS
9.1. Agreements as entered into by the online shop are concluded in English.
9.2. To all matters not settled herein Polish legal regulations shall apply, such as The Civil Code, the Law on providing services by electronic means as of July 18, 2002 (Journal of Laws from 2002 No 144, Item 1204 as amended), the Law on protection of certain consumer rights and liability for damage caused by a hazardous product as of March 2, 2000 (Journal of Laws of 2000 No. 22, Item 271, as amended), the Law on specific terms and conditions of consumer sale and amendments to the Civil Code as of July 27, 2002 (Journal of Laws from 2002 No 141, Item 1176 as amended) and other appropriate Polish legal regulations.
9.2.1. The choice of Polish legislation does not deprive the Consumer of the protection granted [to him] by the provisions which cannot be excluded contractually, by virtue of law, which shall be appropriate in the event of the lack of choice i.e. law of the state, that is the Consumer’s place of permanent residence, and the entrepreneur
(1) performs business or professional activity in the state, where the Consumer’s place of permanent residence is or
(2) in any way directs this activity to this state or to several states, including the said state, and the agreement belongs to the scope of this activity.
9.3. The Service Provider reserves the right to amend these Regulations.
9.4. Customers can access the Regulations at any time. The regulations are located at the bottom of the page of the Online Shop. Customers can download it and print it. Regulations of the Online Shop are available under the address www.mytiny.art/terms-and-conditions and are delivered to the Customer electronically free of charge at any request.
9.5. Recording, protection and making available of the Sales Agreement and the Agreement on provision of electronic services is rendered through:
(1) making available Regulations on the pages as indicated in the point 9.4 and
(2) sending an e-mail to the Customer, and in case of the Sales Agreement also by
(3) attachment of a purchase receipt, Order specifications and written confirmation in accordance with provisions concerning agreements concluded remotely. 9.6. Any dispute arising between the Service Provider, Seller and the Customer who is a consumer shall be settled by appropriate common courts. Any dispute arising between the Service Provider, Seller and the Customer who is not a consumer shall be settled by a competent court of law, appropriate for the legal seat of the Service Provider or Seller.