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The owner of the website operating at:

usa.heartofart.shop,

hereinafter referred to as Shop, is the company:

TNT Systemy Informatyczne MAREK MISTARZ
ul. św. Andrzeja Boboli 24
15-649 Białystok

telephone number: +48 789 312 912
e-mail address: info@heartofart.shop

EU VAT number: PL5421287697

Bank account (USD):

mBank
94 1140 2004 0000 3512 1127 2152

BIC / SWIFT: BREXPLPWMBK
IBAN: PL94114020040000351211272152

entered into CEIDG, hereinafter referred to as Manager.

A. Definitions

Seller - Private person, conducting or not conducting business activity, company or institution offering Products for sale in the Store. In most cases, an artist or collector.

Product - Goods offered in the Store by one of the Sellers, usually a work of art or a digital copy of it.

User - An adult natural person with full legal capacity that is using the Store.

Registered User - User who created a User Account in the Store.

User’s Account - The electronic collection of data provided by the User during registration, stored in the Store, which can be used to simplify the process of placing Orders in the Store. These data can be managed by the User after providing the login and password set by them when creating this account.

Buyer - An adult natural person with full legal capacity, legal person or organizational unit without legal personality but having legal capacity, purchasing the Product in the Store from one of the Sellers.

Consumer - Buyer being an adult natural person with full legal capacity, making a purchase from the Seller, who is an entrepreneur, not directly related to their business or professional activity.

Sales agreement - Agreement concluded between the Buyer and the Seller in Polish, in accordance with Polish law and these Regulations at the time of placing the Order. Consolidation, protection and disclosure of relevant provisions of this contract takes place by sending to the Buyer an e-mail confirming the submission of the Order together with information on the right to withdraw from the contract (if applicable), links to download the rules and a pattern of withdrawal from the contract and by printing and handing over to the Buyer with the delivery the evidence of sale.

Evidence of Sale - An invoice, bill or receipt issued by the Seller in accordance with applicable law. Information on the type of Evidence of Sale issued by the Seller is on the Product Card. The invoice may be issued by the Seller only if the Buyer requested the invoice to be issued in the Order and provided the data required for its issue (in particular the buyer's NIP number)..

Product Card - Website containing all product data, its name, description, sale price and additional information.

Order - Buyer's declaration of intent, aimed directly at the conclusion of the Sales Agreement between the Buyer and the Seller, submitted via the Store, clearly specifying the Buyer's data, type, quantity and price of Products purchased, method and cost of delivery, type of payment and place of delivery of Products.

B. General provisions

  1. The Store sells Products via the Internet to all countries except European Union countries under these regulations, hereinafter referred to as the Regulations and the international agreements.
  2. The Store reserves the right to make changes to the prices of Products in the catalog, introduce new Products or remove Products withdrawn from sale, as well as carry out and cancel all kinds of promotional campaigns and sales or make changes to them.
  3. Products available in the Store are free from physical and legal defects.
  4. The entity responsible for the consistency of the Product ordered by the Buyer with the contract is always the Seller.
  5. The User, by using the Store or creating a User Account and the Buyer by submitting an Order, confirm that they have read these Regulations and accept all its provisions without reservation.
  6. To use the Store, it is necessary for the User to have a device that allows browsing websites on the Internet, a web browser, an e-mail account and a software for receiving and sending electronic messages.

C. Services provided electronically

  1. The Manager provides the following electronic services through the Store:
    1. setting up and maintaining a User Account (for Registered Users),
    2. enabling the submission of Product Orders (for Buyers).
  2. Provision of the above-mentioned electronic services by the Manager is free.
  3. The contract for the provision of electronic service that consists in maintaining a User's Account in the Store is concluded for an indefinite period.
  4. Both the Registered User and the Buyer are obliged to use the Store in a manner consistent with the law and decency while respecting the personal rights and intellectual property rights of third parties. It is forbidden to use the Store in a way that distorts its functioning.
  5. Complaints related to the provision of electronic services by the Manager may be submitted to the Manager's email address. The manager will consider the complaint immediately, no later than within 14 days from the date of submitting the complaint.
  6. The Registered User may terminate the concluded contract for the provision of electronic services at any time and without indicating the reason. For this purpose, it is enough to send an appropriate statement to the Administrator's e-mail address. Termination of the contract in this way results in the User's Account being removed from the Store.
  7. The Manager may terminate the contract for the provision of electronic services to a Registered User if they persistently violates the Regulations, after an unsuccessful, single call to stop these violations, with an appropriate deadline. In this case, the contract expires after 14 days from the date of sending the notice to the e-mail address provided in the User Account.
  8. Termination or expiration of the contract for the provision of electronic services results in the removal of the User Account from the Store.

D. Placing and fulfilling orders

  1. Orders can be placed only through the Store's website.
  2. The buyer may place orders in the store 7 days a week, 24 hours a day.
  3. All prices of Products in the Store are given in US dollars and are gross prices (including tax if it is due). The total price to be paid for the ordered Products is given in the Order form before it is placed by the Buyer. The delivery of all of the Products in the Shop to any country except European Union countries is free of charge.
  4. The Buyer purchases the Product according to the prices applicable at the time of placing the Order.
  5. Buyers may place Orders in the Store using the User Account set up in the Store or without creating it.
  6. Regardless of the method of placing the Order, the condition for its fulfilment is the provision of the data enabling the verification of the Buyer.
  7. Execution of the Order placed by the Buyer takes place after the conclusion of the Sales Agreement and after the payment due for this Order is credited to the account of the Managing Party.
  8. The order will be processed provided that the ordered Products are available from the Sellers. If any of the ordered Products is unavailable, the Buyer is informed about the status of the Order and decides how to fulfil it (partial fulfilment, extension of waiting time, cancellation of the entire Order).
  9. A limited number of Products are intended for promotional sales and sales. Orders are processed in the order in which Orders are received for these Products, until stocks covered by this form of sale run out.
  10. The purchased Products, together with the Evidences of Sale issued by the Sellers, are delivered to the Buyer in the manner specified by him in the Order

E. Delivery of goods and payment methods

  1. The Product Card in the Store contains information about the availability of this Product. These may be the following information:
    1. Available - The product is available from the Seller. The time of the Order fulfilment is a maximum of 7 working days from the moment it is received. Usually it takes 3 working days.
    2. To order - The product is only available to order. In this case, the Buyer is informed about the duration of the Order fulfilment after the Order has been accepted for execution.
  2. When placing an order in the Store, the Buyer is obliged to choose the delivery method of the ordered Product. The store performs deliveries in shipping via courier.
  3. The waiting time for the shipment is from 7 to a maximum of 30 business days.
  4. In the event of loss of the delivery, the generally applicable provisions of the Civil Code and transport law shall apply.
  5. The delivery of all of the Products offered in the Shop is free.
  6. The following payment methods are allowed in the Store:
    1. Prepayment to an account - payment by bank transfer to the Seller's bank account prior to shipment of the Product. Payments should be made to the bank account number given in these Regulations. You can make a transfer online, at the post office or at the bank. After the payment has been credited to our account, we will start processing the Order.
    2. Electronic payment - the Product is shipped after confirming the correctness of the transaction. In the Store, we use the online payment system to which you will be directed to make a payment. The whole process is carried out quickly and safely. After choosing this payment method, you can also pay by credit card.
  7. The Order is accepted for processing as soon as the payment for the Products purchased is received.

F. Returns of goods

  1. According to the Act on Consumer Rights, the Buyer who is a Consumer may withdraw from the Sales Agreement without giving a reason within 14 days from the date of the receipt of the Product and immediately - but not later than within 14 days from the day on which they withdrawn from the contract - return the purchased Product. To meet this deadline, it is enough to return the items before its expiry.
  2. The Consumer may submit a statement of withdrawal from the Sales Agreement on the form, which is attached as Annex 2 to the Act on Consumer Rights, or on the form available for download on the Store's website which is also attached to the delivery with the order sent to the Consumer or picked up in person.
  3. The Manager will immediately send the Consumer, to the e-mail address provided in the Order, the confirmation of the receipt of the statement of withdrawal from the Sales Agreement.
  4. The product should be sent to the address of the Manager.
  5. Not later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Agreement by the Consumer, the Seller, through the Manager, will refund the Consumer the payments made by him, including the price of the Product and the cost of shipping the Product to the recipient.
  6. The Seller may withhold the refund of the payment received from the Consumer until receiving the Product back.
  7. If, when placing the order, the Consumer has chosen a method of delivery other than the cheapest regular delivery method offered in the Store, the Seller is not obliged to reimburse the additional costs incurred by the Consumer (i.e. costs exceeding the costs of the cheapest normal delivery method).
  8. The consumer pays for delivering the Product to the Manager.
  9. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.
  10. When sending a returned Product to the Manager, it must be ensured that there is no damage during transport, as the Product is shipped in this mode at the risk and cost of the Consumer.
  11. The right to withdraw from the contract by the consumer is excluded in the cases indicated in Article 38 of the Act on Consumer Rights, including the event that the Product was made to the Consumer's order, according to the specification provided by him.

G. Responsibility for defects and complaints

  1. The Seller undertakes to provide the Buyer with Products free of defects.
  2. With respect to the Buyer who is a Consumer, the Seller is responsible for physical or legal defects of the Product (warranty) on the principles set out in the provisions of the Civil Code and the Act on Consumer Rights.
  3. The Seller, pursuant to Article 558, §1 of the Civil Code, completely excludes liability to Buyers who are not Consumers for the physical and legal defects (warranty).
  4. If the Product has physical or legal defects, the Consumer has the right to lodge a complaint within 2 (two) years from the date of delivery of the Product to them.
  5. The complaint should contain: order number, name of the Product in which the defect occurred, description of the defect complained (the attached photos will be helpful to consider the complaint), complaint request (price reduction, withdrawal from the contract, removal of the defect, replacement of the Product free from defects) and contact details of the claimer (name and surname, e-mail address and telephone number).
  6. Complaints should be sent by e-mail or post to the address of the Manager.
  7. If the data or information provided in the complaint is incomplete, then, before considering the complaint, the Manager will ask the person submitting the complaint to supplement it in the indicated scope.
  8. The consumer may not request a withdrawal from the contract if the defect is irrelevant.
  9. Before considering the complaint, the Seller or the Manager may contact the Consumer in order to determine the details of the Product defect or how to process the complaint request.
  10. Complaints will be considered by the Seller within a maximum of 14 working days from the date of receipt of a complete complaint. The response to the complaint is sent to the e-mail address provided by the Consumer in the complaint.

H. Extrajudical forms of the vindication of claims

  1. The buyer who is a consumer has the option of using extrajudicial means of dealing with complaints and claims vindication, including:
    1. refer to a permanent and amicable consumer court with a request to resolve the dispute arising from the concluded contract,
    2. asking the provincial inspector of Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller,
    3. use the assistance of a poviat (municipal) consumer advocate or social organization whose statutory tasks include consumer protection,
  2. Detailed information on extrajudicial means of dealing with complaints and claims vindication is available on the website of Office of Competition and Consumer Protection.
  3. The consumer may also use the EU ODR online platform, which is available at https://ec.europa.eu/consumers/odr. The platform is used for extrajudical settlement of disputes regarding contractual obligations arising from sales contracts or contracts for the provision of distance services.

I. Personal data protection

  1. The User or the Buyer, by providing personal data in the registration form or when placing the Order, declares that they are true. In case of providing false data when creating or updating the account, the Administrator reserves the right to delete the User Account with which they are associated.
  2. The terms of using the personal data by the Store are regulated by the privacy policy , which is an integral part of these Regulations.

J. Changes in regulations

  1. These Regulations shall enter into force on June 1, 2020.
  2. Each of the provisions of these Regulations may be changed. Information about changes to the Regulations will be sent to Registered Users by the Administrator to the e-mail address assigned to the User Account 30 days before the entry into force of the amended Regulations. Additionally, at the same time, changes to the Regulations will be published on the Store's website.
  3. All Orders accepted by the Seller for implementation before the date of amendment to the Regulations are implemented on the basis of the provisions that were in force on the date of the Order by the Buyer.
  4. If the Registered User does not accept the new content of the Regulations, They shall be obliged to notify the Manager of this fact within 14 days from the date of informing him about the change in the Regulations. After receiving such notification, the Manager will delete his User Account from the Store.

K. Other provisions

  1. The uniform text of these Regulations is available in electronic version on the Store's website.
  2. Polish law applies to the contract of sale of Products in the Store. The contract is concluded in Polish.
  3. In matters not regulated by these Regulations, the provisions of Polish law shall apply, including the provisions of the Civil Code, the Act on the Provision of Electronic Services and the Act on Consumer Rights.