APART.eu ONLINE SHOP REGULATIONS
Article 1. General Provisions
- These Regulations of Apart.eu Online Shop (hereinafter referred to as the "Regulations") set out the rules for making purchases in the online shop available at apart.eu (hereinafter referred to as "Apart.eu") and the provision of electronic services concerning maintaining the account referred to in Art. 2.5.
- The Seller is E-R2 spółka z ograniczoną odpowiedzialnością S.K.A. with its registered office in Suchy Las (62-002) at ul. Powstańców Wielkopolskich 91, entered into the Register of Entrepreneurs maintained by the District Court Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000441930, NIP (Tax Identification Number) 9721241916, BDO 000092213, with share capital in the amount of PLN 50,000, e-mail: firstname.lastname@example.org, phone no.+48 61 895 57 88, which is the authorized distributor of Apart products.
- To use Apart.eu, it is necessary to possess a device with access to the Internet and a web browser of the Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari type in their current versions. To use some of the functionalities of the Apart.eu online shop, including registration and placing orders for Products, it is necessary to have an active e-mail account (e-mail).
Article 2. Customers and Registration
- Apart.eu customers (hereinafter referred to as the "Customers") may be persons who are 16 years of age and have legal capacity in terms of making a specific purchase effectively.
- In order to facilitate the use of Apart.eu, the Customer may register (create an account) by filling in an electronic form available at Apart.eu, entering his or her email address and password, name, surname, address and mobile phone number. The creation and use of the account is free of charge. To make a purchase, the Customer is not required to create an account.
- After a properly carried out registration, the Customer gets access to the account created for the Customer which can be used at Apart.eu after providing the e-mail address and password (login) specified at registration.
- The agreement for the provision of electronic services concerning maintaining the account is concluded between the Customer and the Seller at the moment of Customer's receiving access to the account created for the Customer.
- The account contains Customer data provided by the Customer in the registration form and the history of the Customer's purchases at Apart.eu. In the event of any changes to the data in the Customer's account, the Customer is obliged to immediately update them the data using the appropriate form available at Apart.eu. The Customer is responsible for identifying incomplete, inaccurate or outdated data, or the lack of relevant data update.
- The Customer may not make the account available to other people nor disclose the password used to access the account. The Customer is obliged to keep the password to the account secret and protect it from disclosure. The Customer is obliged to immediately inform Apart.eu if the Customer's account data has been taken over by a third party, and explain the circumstances of its acquisition.
- The Customers who do not have a registered account when making purchases will be required to specify the delivery address, i.e. the recipient's name and surname, delivery address - in order to perform the Sales Agreement, and e-mail address and mobile phone number - in order to be contacted on the implementation of delivery.
- If it is allowed to provide the data to third parties other than the Customer when using the Apart.eu account (e.g. for recommendation purposes), the Customer enters such data only if the use of the third party's data is permitted by the law (e.g. the Customer obtained the necessary consent to use the data at Apart.eu from the data owner), and in case of unauthorized transfer of the data in question the Customer shall bear all responsibility for the provision of the data.
- In case of violation of the Regulations, the law or accepted principles of morality by the Customer, the Seller may terminate the Agreement with the Customer or suspend its execution within a specified account. In particular, this applies to a situation in which the Customer has downloaded or used in any way the materials available at Apart.eu without the consent of the Seller.
- Any aggregation and processing of data and other information available at Apart.eu for further communication to third parties through other websites and outside the Internet is forbidden. It is also forbidden to use Apart signs, including its characteristic graphic elements, without the consent of the Seller or any other entity authorized to grant such consent.
- The account is maintained for the Customer for an indefinite period. The Customer may at any time require the Seller to cease to maintain the Customer's account by providing the Seller with an appropriate statement, using the proper electronic form available at Apart.eu. The Customer may also require the Seller to cease to maintain the Customer's account in other way, as long as the Customer's identity as the account holder can be properly verified. Notwithstanding the foregoing, the Customer who registered at Apart.eu but did not make any purchase nor used the services provided electronically by the Seller at Apart.eu, may withdraw from such an agreement without giving any reason within 14 days from the date of registration.
Article 3. Purchases
- At Apart.eu, information on products (hereinafter: the "Products") and the conditions of their purchase and delivery are published. For the avoidance of doubt, this information does not constitute an offer, but only an invitation to tender with the content specified in the Product information. However, selecting the Products by the Customer and confirming the willingness to purchase them is an offer to conclude a purchase agreement of the Products specified (hereinafter: the "Order").
- The Customer selects Products by adding the Products to a (virtual) shopping basket. Placing the Products in the basket is not tantamount to their reservation. If the number of available Products prior to the Order confirmation by the Customer is exhausted, the Seller reserves the right not to accept the Order for processing.
- After selecting the Products and before choosing the payment method, the Customer is required to specify the complete and correct delivery address and telephone number, which must not be changed until the delivery. The change of delivery address is only possible in exceptional circumstances after agreeing with the Seller and prior to the transfer of the Product to the carrier for delivery.
- After placing the Order by the Customer and selecting the payment method, the Customer receives from the Seller the Order confirmation sent by e-mail. When the Order is accepted by the Seller, the Customer receives an appropriate message. Upon the receipt of the message by the Customer, the sales agreement by and between the Seller and the Customer is concluded. Where only part of the Order has been confirmed, the agreement is concluded only for the confirmed Products.
- If the Seller cannot execute the Order in whole or in part due to the fact that the Product is no longer available, or due to unforeseen circumstances it has not been delivered to the Seller or damaged or lost, then the Seller shall promptly notify the Customer and return the payment received or provide substitute Products of the same value as the previously ordered Products - at the Customer's discretion and with the Customer's consent.
Article 4. Payment
- The Payments are made by the Customer to the account number specified or using electronic payment methods provided by a specialized payment institution with which the Seller, for the convenience of Customers, has entered into an agreement.
- If you choose payment by cards with the function of online payment or bank transfers, the Customer shall be redirected to a website that allows the Customer to make electronic payments, for example the login page of the Customer's bank of Payment Card Authorization Centre. When the payment for a Product is not made within 7 days from the date of the Order, the Order placed by the Customer shall be cancelled, and the lack of payment shall be understood as the Customer's withdrawal from the sales agreement.
- The Product price stated in the Product description comprises all taxes and fees required by the applicable law. The price does not include the cost of Product transport and delivery, the price of which is specified separately.
- Making the purchase of the Product is documented by a receipt or VAT invoice. The Customer agrees to receive, in electronic form and to the e-mail address specified by the Customer at registration, an electronic image of the settlement documents, in particular such documents as VAT invoices with attachments, including corrective VAT invoices.
- The Customer can benefit from the discounts on the terms and conditions specified at Apart.eu. The discounts collected can be used by the Customer only for the purchase of Products that have not been excluded from specific rebates or discounts. The value of the discount reduces the price to be paid by the Customer for the Product. Discounts can only be combined if clearly described in the discounts. Discounts are not transferable, nor are ever converted into cash or other benefits.
Article 5. Product Delivery
- The place of performance of the Sale Agreement by the Seller is the place where the Product is collected (in case of doubt, the place where the Product should be collected as specified by the Customer).
- The Seller shall inform the Customers about the costs of delivery at Apart.eu and in the Order summary before the Order is placed by the Customer.
- The Products shipping time is specified in the Order summary. The shipping time specified comprises working days. If the Customer has purchased multiple Products in a single Order and the Products have different shipping time, they will be delivered together only after completing the entire Order, i.e. in the longest of the delivery times specified for individual Products.
- The Products are delivered exclusively to the addresses located in the territory of Poland, as well as to the countries that the Seller has specified and identified a separate cost of delivery. If possible and by way of a separate agreement with the Customer, the Seller may send the Products to other countries than those specified at Apart.eu.
- The Products are delivered by specialized carriers, the list of which, together with regulations on the provision of services by each carrier, is available at Apart.eu. The Seller shall inform the Customers about the details of delivery, in particular which carrier will deliver the shipment, along with a link to track the delivery by e-mail.
- The Customer is obliged to check the condition of the Product or, when it is difficult, the shipment (packaging) condition immediately after the delivery. In case of any damage that may have occurred during transport is determined, the Customer shall draw up an appropriate damage report and immediately notify the Seller.
- The Seller shall not be responsible for the failure to deliver the Product due to reasons attributable to the Customer – e.g. in connection with specifying incorrect or incomplete delivery address preventing the delivery of the consignment. In such a case, the Seller shall inform the Customer about the failed attempt to deliver the Product.
Article 6. Personal Data Protection
- The Seller shall be the controller of personal data of Customers and persons designated by the Customers.
- Personal data is processed by the Seller in accordance with legal regulations and exclusively for the purposes related to the Seller's activity as part of Apart.eu, including for the purpose of concluding and executing sales agreements (handling Products sales transactions, communicating with Customers and processing complaints), as well as archiving the transactions.
- Personal data is processed based on: a) Customer's acceptance of the Regulations (when setting the account or placing Order), b) necessity to exercise the contract for the Customer or d) legitimate interest of the controller (e.g. protection against claims, or in case of data of third parties provided by Customers – specification of the address for delivery of another person).
- Providing personal data to the Seller is voluntary, but failure to provide specific personal data may be associated with difficulties or inability to conclude a sales agreement, execute it effectively or provide appropriate after-sales service.
Under the concluded agreement for co-management, personal data may be
transferred between the Seller and related companies, i.e.:
- Apart sp. z o.o., ul. Stara Droga 3, 62-002 Suchy Las;
- E-R2 sp. z o.o., ul. Powstańców Wielkopolskich 91, 62-002 Suchy Las;
- R2 Center sp. z o.o., ul. Powstańców Wielkopolskich 91, 62-002 Suchy Las.
- The recipients of personal data are persons acting on behalf of the companies specified in Para. 2 above, responsible for the processing and implementation of Orders placed by Customers, as well as for after-sales service (e.g. settlement of complaints, purchase registration for the needs of a loyalty programme), and providers of services to the Seller, related to the execution of Orders (e.g. postal or courier companies). Recipients may also be entities authorised to receive data under the applicable law, including competent judicial authorities.
- Personal data may be transferred to third countries (outside the EU countries) in connection with the Product delivery ordered by the Seller.
- Personal data is stored for a period necessary for the execution of Orders or for maintaining the Customer's account in Apart.eu. After that period, data may be processed based on: legal obligations of the Seller (e.g. within the scope of storage of accounting documents) or the legitimate interest (protection against claims that people may be entitled to against the Seller).
- The Seller shall ensure that the data subject can exercise the rights under the law, including the right of access to the content of the data subject's personal data, its rectification, change, deletion or transfer, and also the right to request the restriction of the personal data processing and to object to such processing under the principles set forth in relevant regulations. In addition, in case of granting voluntary consent on data processing, each person whose data are processed has the right to revoke the consent for data processing. Any data subject has also the right to lodge a complaint with the President of the Personal Data Protection Office.
- Personal data concerning Customers and other persons whose data has been provided by the Customer is protected by the Seller against its provision to unauthorised persons, and against any other cases of disclosure or loss or unauthorised modification of the indicated data and information by the application of appropriate technical and organisational measures.
- The controller appointed the Data Protection Supervisor who may be contacted via e-mail: email@example.com on any matter concerning the processing of personal data.
Article 7. Complaints
- The Customer can submit a complaint to the Seller, in particular in the case of Product non-compliance with the Agreement or Product defects, and if the Seller's activities are carried out incorrectly or not in accordance with the provisions of the Regulations.
- Complaints may be submitted in electronic form using the contact form available at Apart.eu or by e-mail or in writing to the address of the Seller (or submitted at an Apart store the list of which is available at Apart.pl).
- The complaint should include: name and surname, contact information (registered at Apart.eu), description of the transaction the complaint refers to or other circumstances justifying the complaint, as well as specific Customer's request associated with the complaint submitted. If the complaint refers to a Product, the Product and confirmation of its purchase must be provided together with the complaint.
- If the data or information specified in the complaint need to be supplemented, before examining the complaint the Seller shall ask the Customer submitting the complaint to supplement it in the scope specified.
- The Seller shall examine the complaint within 14 days of its receipt. The Customer shall be informed about the result of the complaint examination as requested (e.g. by electronic mail, to the address specified by the Customer during registration or in writing). If the complaint is rejected, the Seller shall notify the Customer stating the reasons for the decision.
- When the replacement or repair of the Product proves to be possible, the Seller shall notify the Customer and communicate all information concerning the further course of action. In the case justifying price reimbursement, the payment for the Product purchased by the Customer shall be refunded within 14 days after the return of the Product to the Seller.
- The Seller does not accept any COD parcels.
- The Customer may appeal the Seller's decision concerning the complaint submitted to the Head of Apart.eu Customer Service.
- The return of the price paid by the Customer takes place in a manner analogous to the method of payment for the Product selected by the Customer. If the Customer has purchased the Product with a discount, the returned amount shall be reduced by the value of the discount. The Customer will be able to use this discount for future purchases on the same terms and conditions which were provided to the Customer before the transaction in relation to which the price is refunded.
The Customer being a consumer can use extrajudicial methods of
complaint examination and pursuing claims, including:
- the Customer may refer the matter to the Consumer Arbitration Court operating with the Trade Inspectorate and request the dispute to be settled;
- the Customer may apply to the Regional Inspector of Trade Inspectorate to initiate mediation proceedings on the amicable settlement of the dispute;
- the Customer can use free assistance with out-of-court dispute resolution and pursuing claims of regional (municipal) consumer ombudsmen and social organisations the statutory tasks of which include consumer protection;
- the Customer may use the European ODR (Online Dispute Resolution) platform available at Online Dispute Resolution".
- The Customer purchasing the Product for the purpose directly associated with the Customer's professional or business activity (a Customer who is not a consumer) has the right to file a complaint in accordance with the law, and the liability of the Seller under the warranty for physical defects of the Products is limited to entitling the Customer to request the removal of defects or Product replacement. The Seller, at its own discretion, shall immediately remove the defect or replace the defective Products into Products free of defects. The Seller may also withdraw from the Agreement, reimbursing the price paid for the Product with a physical defect. In the remaining scope, the Seller's liability under the warranty for product defects in relation to Customers who are not consumers is excluded.
Article 8. Withdrawal from the Agreement
- Pursuant to the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, Item 827, as amended), a Customer who is a consumer and who has concluded a distance agreement may, within fourteen (14) days from the date of receipt of the Product, withdraw from the agreement without giving any reason, by submitting a statement of withdrawal from the agreement to the Seller. The Seller shall extend the deadline for withdrawal from a distance agreement by a consumer without giving reasons to thirty (30) days from the date of receipt of the Product.
- Withdrawal of the agreement may take place using the contact form located available at Apart.eu or in writing (specimen of the agreement withdrawal form is attached to the Regulations). If within one Order the Customer has purchased more than one Product, the withdrawal may concern all or only some of the Products selected by the Customer, with the proviso that when the Product is sold as part of a set or package the withdrawal is possible in relation to this set or package.
- In case of withdrawal from the sales agreement, the agreement is considered null and void with respect to the Product (set or package) for which the Customer has withdrawn from the agreement. The return should take place immediately, not later than 14 days from the date on which the Customer has withdrawn from the agreement. The cost of returning the Product to the Seller shall be borne by the Customer. In the event of effective withdrawal from the sales agreement, the Seller shall refund the amount paid by the Customer for the Product using the same method of payment that has been used by the Customer to purchase the Product. If the Customer has used a discount when purchasing the Product, the refund shall be reduced by the value of the discount used, and the Customer will be able to use the discount in the future on the terms and conditions of the discount.
- In case of exceeding the agreement withdrawal deadlines set out in this Article, the Seller shall send the returned Product back to the Customer at the Customer's expense. Failure to comply with the above described procedure of withdrawal from the agreement by the Customer may result in a significant delay in the completion of the procedure of withdrawal from the agreement and thus the return of funds due to the Customer.
- The right to withdraw from the agreement does not apply in cases specified in Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, Item 827, as amended), in particular in a situation where the subject of the service is an item created according to the Customer's specification or used to satisfy the Customer's individual needs (e.g. Products with engraving ordered by the Customer).
Article 9. Final Provisions
- If you change these Terms and Conditions, Apart.eu inform the customers on pages Apart.eu and registered customers by sending e-mail account assigned to the notification of the change regulations. The amended Regulations shall enter into force on the date specified in the amended Regulations, not earlier than 7 days from the date of the announcement of the amended Regulations by the Seller, with the proviso that amendments of technical and information nature or those that do not deteriorate the Customers' situation may take place within a shorter period of time. Customers who have placed Orders before the entry into force of the new Regulations shall be bound by the current Regulations. The amended Regulations are binding for a registered Customer who shall not terminate the agreement to maintain an account at Apart.eu (shall not resign from the account on the principles set out in Article 2.12 of these Regulations) before the date of entry into force of the amended Regulations.
- For statistical purposes and in order to ensure the highest quality of services, Apart.eu uses the information stored by the server to the Customer's terminal device, which is then read out each time the web browser connects the server (i.e. cookies). The objective is to facilitate viewing the Products at the Customer's next visit to the site. The user can decide independently on which cookies and how are stored through the internet browser settings (commonly used: Mozilla Firefox, Internet Explorer, Microsoft Edge, Google Chrome, Opera, Safari). Default settings of browsers allow for the storage of cookies files.
- It is forbidden for Customers to use graphic elements (including the "Apart" logotype), the layout and composition of Apart.eu websites (hereinafter: the "Layout"), graphic elements as well as other intellectual property rights without the express written consent of the Seller.
- None of the provisions of these Regulations violates any rights of the Customer under the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, Item 827, as amended) or the mandatory provisions of the applicable law. These Regulations cannot be interpreted as intending to any other exclusion or limitation of liability the exclusion or limitation of which is not permissible under the applicable law.
- The law applicable to sales agreements between the Customer and the Seller under the conditions specified in the Regulations shall be the Polish law.
- Any disputes arising from the application of these Regulations between the Customer that is not a consumer and the Seller shall be settled by a competent court of law in Poznań.