Terms & Conditions

Regulations of the Ars Tattoo online store

These Regulations define the general terms and conditions as well as the manner of sale conducted by VERANO Marcin Szwedzicki, ul. Styrska 20, 04-188 Warsaw; NIP: 113-224-74-59; REGON: 141147662 via the online store www.arstattoo.pl, hereinafter referred to as the "Online Store". The Regulations also define the terms and conditions for the provision of free electronic services by the Online Store.

§ 1 Definitions

Working days - means days of the week from Monday to Friday, excluding public holidays.
Delivery - means the act of delivering to the Customer by the Seller, via the Supplier, the products specified in the order.
Supplier - means an entity with which the Seller cooperates in the delivery of products.
Password - means a string of letters, numbers or other characters selected by the Customer during registration in the Online Store, used to secure access to the Customer Account.
Customer - means an entity for which services will be provided electronically in accordance with the Regulations and legal provisions, or with whom a Sales Agreement will be concluded.
Consumer - means a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
Customer Account - means an electronic service, marked with an individual name and Password provided by the Customer. Otherwise, it is a panel in the Seller's IT system, allowing the Customer to use additional functionalities and services. The Customer gains access to the Account using the Login and Password. The customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer's address data for shipment of Products, tracking the status of the Order, access to the history of Orders and other services provided by the Seller.
Login - an individual identification of the Customer, determined by him, consisting of a string of letters, numbers or other characters, required together with the Password to set up a Customer Account in the Online Store. The login is the Customer's e-mail address.
Entrepreneur - means a natural person, legal person or organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal transaction directly related to its business or professional activity.
Regulations - means these store regulations.
Registration - means an activity performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
Seller - VERANO Marcin Szwedzicki, ul. Styrska 20, 04-188 Warsaw; NIP: 113-224-74-59; REGON: 141147662; Tel. +48 22 509 69 80; sklep@ars-beauty.pl.
Online Store - means a website that allows the placing of Orders and making Reservations by the Customer and the provision of services made available by the Seller.
Goods - means a product presented by the Seller via the Online Store, which may be the subject of a Sales Agreement.
Proof of purchase - means a document confirming the purchase in the Online Store, e.g. a receipt or a VAT invoice.
Durable medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used, and which allows the stored information to be restored unchanged.
Sales contract - means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller.
Newsletter - means the Electronic Service that allows all customers using it to receive information from the Seller about the Products, the Online Store, including news and promotions, to the e-mail address provided by the Customer with the consent of the Customer.

§ 2 General provisions, use of the Online Store

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name and Internet domain, forms, logos posted in the Online Store (except for logos and photos presented for the purpose of presenting goods, to which copyrights belong to entities third parties) belong to the Seller, and their use may take place only in the manner specified and in accordance with the Regulations and with the consent of the Seller.
The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users with the use of all popular web browsers, operating systems, device types and types of Internet connections. The minimum technical requirements for using the Online Store are: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari 5.0 and higher. Recommended minimum screen resolution: 1024x768. Enabling cookies and Javascript support in the web browser.
The Seller uses the "cookies" mechanism to collect information related to the Customer's use of the Online Store in order to: maintain the Customer's session, thanks to which the Customer does not have to re-enter the Login and Password on each subpage of the Online Store, adjusting and optimizing the Online Store to the needs of customers , creating viewing statistics for subpages of the Online Store, ensuring the safety and reliability of the Online Store. The customer may disable the "cookies" mechanism in the web browser of his end device. However, disabling "cookies" may cause difficulties or prevent the use of the Online Store.
In order to place an order in the Online Store and in order to use the services provided electronically via the Online Store, it is necessary for the Customer to have an active e-mail account.

§ 3 Registration

In order to place an order in the Online Store, the Customer may set up a Customer account free of charge.
In order to register, the Customer should complete the registration form provided by the Seller in the Online Store and then send it electronically by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
During Registration, the Customer may voluntarily consent to the processing of his personal data for the purpose of receiving commercial information by checking the appropriate box on the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of this data.
The Customer's consent to the processing of his personal data for the purpose of receiving commercial information does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account service by electronic means. The consent may be withdrawn at any time by submitting an appropriate statement to the Seller. The statement may be sent to the address of the Seller via e-mail.
After submitting the completed registration form, the Customer receives by e-mail, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, an agreement is concluded for the electronic provision of the Customer Account service, and the Customer gains the ability to access the Customer Account and make changes to the data provided during the Registration.

§ 4 Orders

The information contained in the Online Store does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
The customer may place orders in the Online Store 7 days a week, 24 hours a day.
A customer placing an order via the Online Store places an order by selecting the Goods he is interested in. The Goods are added to the order by selecting the "Add to Cart" command, under the selected Goods presented in the Online Store. After completing the entire order and indicating the method of Delivery and payment method in the "Cart", the Customer places the order by sending the order form to the Seller, selecting the "Checkout" button. Each time before the shipment of the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that must be incurred in connection with the Sales Agreement.
By placing an order, the Customer submits an offer to the Seller to conclude a Contract for the sale of the Goods being the subject of the order
After confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller's declaration of acceptance of the offer referred to in §4 sec. 4 above and upon its receipt by the Customer, a Sales Agreement is concluded.

§ 5 Payment

The prices in the Online Store placed next to the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
The Customer may choose the following forms of payment for the ordered Goods:
- cash or card upon receipt of the order;
- traditional transfer to the Seller's bank account;
- on-line transfer via authorized services, in accordance with the information provided as part of the Online Store;
- cash or card upon personal pickup.
The Customer is informed by the Seller about the date on which he is obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.
In the event of the Customer's failure to meet the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract pursuant to art. 491 of the Civil Code.

§ 6 Delivery

The Seller carries out the Delivery on the territory of the Republic of Poland and abroad.
The Seller is obliged to send the Goods which are the subject of the Sales Agreement without any defects.
The Seller places information on the number of Working Days needed to complete the order and deliver the Goods to the Customer on the Online Store website.
The date of Delivery and execution of the order indicated in the Online Store is counted in Working Days in accordance with §5 para. 2 of the Regulations.
The date of Delivery and execution of the order indicated in the Online Store is counted in Working Days from the date of the conclusion of the Sales Agreement if the Customer selects the payment option "cash on delivery".
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
On the day of sending the Goods to the Customer, the Customer is informed about it by e-mail.
The customer is obliged to check the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of damage to the parcel, the Customer has the right to request the Supplier's employee to draw up an appropriate protocol.
The Seller, in accordance with the Customer's will, attaches a receipt or a VAT invoice to the shipment.
In the absence of the Customer at the address indicated by him, given when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact by phone in order to arrange a different date of delivery. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of Delivery.

§ 7 Complaints

The basis for the complaint is to check the parcel at the courier upon delivery. In the event of any damage to the shipment and / or goods, the customer has the right to demand that an employee of the delivery company draw up an appropriate protocol.
If the Product is found to be defective, the Buyer is obliged to inform the Seller about it.
Complaints will be considered only when an appropriate form is attached to them, which must be printed and completed (download the form)
Accurate filling in the form fields will facilitate and accelerate the consideration of the complaint.
The claimed Good must be accompanied by the Proof of Purchase or its copy.
The Buyer is obliged to send back the advertised Product at his own expense. If the complaint is accepted, shipping costs are reimbursed.
Complaints should be sent to the following address: Ars Tattoo, ul. Styrska 20, 04–188 Warsaw.
If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller will ask the person submitting the complaint to supplement it in the indicated scope.
The Seller undertakes to respond to the complaint submitted by the Buyer within 14 days. No response from the Seller after the deadline indicated in the previous sentence results in the complaint being considered justified.
Slight differences in appearance resulting from the individual settings of the Buyer's computer - and in particular the monitor - cannot be the basis for a complaint about the purchased Product.

§ 8 Warranty

Goods sold by the Seller may be covered by a guarantee granted by the producer of the Goods or the distributor of the Goods.
In the case of Goods covered by the guarantee, information on the guarantee is presented on the Seller's Online Store website.

§ 9 Withdrawal from the Sales Agreement

A consumer who has concluded a Sales Agreement in the Online Store may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs referred to below. The right to withdraw from the Sales Agreement may be exercised by the Consumer by sending a declaration of withdrawal to the Seller's e-mail address or the address of the Seller's registered office indicated in § 1 para. 12. of the Regulations.
The period for withdrawal from the Sales Agreement starts from the moment the Consumer takes possession of the Goods.
In the event of withdrawal from the Sales Agreement, it is considered void.
If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until the Goods are returned or until the Customer has provided proof of returning the Goods, whichever occurs first.
If the Consumer exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods with the completed form (download the form) to the address of the Seller before the deadline.
The returned Goods must be accompanied by the Proof of Purchase or a its copy.
In the event of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the Goods.
If, due to its nature, the Goods cannot normally be returned by post, the Seller informs the Consumer about the costs of returning the goods on the Online Store website.
The consumer is responsible for the decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
The Seller shall refund 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 any additional costs for him.
The right to withdraw from the Sales Agreement is not granted to the Customer who is a Consumer in relation to contracts in which the Good is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging was opened after delivery to the Customer.
The right to withdraw from the Sales Agreement does not apply to specific products, such as edible products or products in which irreversible changes occur after the first use. Such products include batteries and accumulators, i.e. wireless power adapters and wireless tattoo machines.

§ 10 Free services offered in the Online Store

The Seller provides to the Customers, by electronic means, free services in the scope of:
- contact form;
- maintaining a Customer Account;
- newsletter;
- posting opinions and comments in the e-shop.
Services specified in §11 para. 1 are provided 7 days a week, 24 hours a day.
The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned, about which he will inform the Customers in a manner appropriate to the amendment of the Regulations.
The Contact Form service consists in sending a message to the Seller using the form available on the Online Store website. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller.
The Customer Account Service service is available after Registration on the terms described in the Regulations and consists in providing the Customer with a panel in the Online Store, enabling the modification of the data he provided during Registration, as well as tracking the status of order fulfillment and order history. The Customer who has registered may submit a request to delete the Seller's Customer Account, but in the event of a request to delete the Customer Account by the Seller, it may be deleted up to 14 days from the request.
The Newsletter service can be used by any customer who adds his e-mail address, using the registration form provided by the Seller on the Online Store website. After sending the completed registration form, the Customer receives an e-mail confirmation by the Seller to the e-mail address provided in the form. At this moment, an agreement for the provision of the Newsletter service by electronic means is concluded. During Registration, the Customer may also check the appropriate box in the registration form in order to subscribe to the Newsletter service. The Newsletter service consists in sending by the Seller, to the e-mail address, information about new products or services of the Seller. The newsletter is sent by the Seller to all Customers who have subscribed to the Newsletter. The newsletter sent to customers contains information about the sender of the message, subject, and information about the possibility and method of unsubscribing from the free Newsletter service. The Customer may at any time unsubscribe from the Newsletter by unsubscribing - by sending such a wish in response to the Newsletter message, or by activating the appropriate field in the Customer Account.
The service of placing opinions and comments consists in enabling the Seller, Customers with a Customer Account, to publish on the Online Store website adding their own opinions on the Goods offered by the Online Store. Resignation from the service of posting opinions and comments is possible at any time and consists in the Customer ceasing to post content in the Online Store.
The Seller is entitled to block access to the Customer Account and free services, in the event of the Customer acting to the detriment of the Seller or other Customers, breach by the Customer of the law or the provisions of the Regulations, and when blocking access to the Customer Account and free services is justified for security reasons. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services.

§ 11 Responsibility of the Customer in the scope of posted content

By posting content and making it available on the website of the Online Store, the customer disseminates the content voluntarily. The posted content does not express the views of the Seller. The seller is not a provider of this content, but only provides appropriate ICT resources.
The customer declares that:
- is entitled to use proprietary copyrights, industrial property rights and / or related rights to works, objects of industrial property rights (e.g. trademarks) and / or objects of related rights that make up the content;
- posting and sharing as part of the services personal data, image and information about third parties took place legally, voluntarily and with the consent of the persons to whom they relate;
- agrees to access the published content by other Customers and the Seller, and authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
- consent to the preparation of works within the meaning of the Act on Copyright and Related Rights.
The Online Store customer is not entitled to:
- posting, as part of using the services, personal data of third parties and disseminating the image of third parties without the consent or consent of a third party required by law;
- posting advertising and / or promotional content as part of using the services.
It is forbidden for Customers to post, as part of using the services, content that could, in particular:
- be published in bad faith, with the intention of infringing personal rights of third parties;
- violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations;
- be offensive or constitute a threat to other people, contain vocabulary that violates good manners;
- be in conflict with the interests of the Seller;
- otherwise violate the provisions of the Regulations, good manners, provisions of applicable law, social or moral norms.
In the event of receiving a notification in accordance with §13 of the Regulations, the Seller reserves the right to modify or delete the content posted by customers as part of their use of services, in particular with regard to content for which, based on reports of third parties or relevant authorities , it was found that they may constitute a violation of these Regulations or applicable law. The Seller also does not carry out ongoing control of the content posted in the Online Store.
The Customer agrees to the Seller's free use of the content posted by him as part of the Online Store.
The Customer, by placing any Content as part of the Online Store, in particular graphics, comments, opinions or statements on the Account or elsewhere in the Online Store, hereby grants the Seller a non-exclusive, free license to use, preserve, change, delete, supplement, public performance, public display , reproduction and dissemination (in particular on the Internet) of these Content.

§ 12 Reporting a threat or violation of rights in the Online Store

In a situation where the Customer or another person or entity considers that the content published on the Online Store violates their rights, personal rights, decency, feelings, beliefs, the principles of fair competition, a secret protected by law or on the basis of an obligation, it may notify the Seller of a possible violation by sending information to the Seller's e-mail address or the address of the Seller's registered office.
The seller, notified of a potential violation, takes immediate steps to remove the indicated content from the Online Store website.

§ 13 Personal data protection

The rules for the protection of Personal Data are set out in the Privacy Policy on the Online Store website.

§ 14 Termination of the contract - does not apply to Contracts of sale

Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned contract and the provisions below.
By performing the Registration in the Online Store, the Customer may terminate the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of remote communication, enabling the Seller to read the Customer's declaration of intent.
The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration in the Online Store.

§ 15 Final provisions

The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
The content of the Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Online Store website.
In the event of a dispute regarding the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Regulations is Polish law.
The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and redress. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They can be, for example, the Consumer Ombudsman or the Provincial Inspectorate of Trade Inspection - the list is available on the website of the Office of Competition and Consumer Protection. The seller also informs that 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.
The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations in force on the date of placing the order by the Customer. The new regulations apply from the date of their publication on the website of the Online Store. In a situation where the Customer does not accept the new Regulations of the Online Store, he is obliged to notify the Seller about this fact, which will result in the termination of the contract in accordance with the provisions of §15 of the Regulations.
Agreements with the Seller are concluded in Polish.

Attachments

Product return / exchange form

Complaint form