www.monumentaldesign.eu
§ 1
Definitions
1. Definitions of expressions used in the rules and regulations:
a. Consumer – the client referred to in art. 221 of the Civil Code;
b. Client – a natural person, legal person or organizational unit that is not a legal person, the provisions of which specifically grant legal capacity, which places an Order on the Website;
c. Entrepreneur – the client referred to in art. 431 of the Civil Code;
d. Rules and Regulations – this document with all attachments and additions that form its integral part.
e. Website – a website located on the Internet at the address www.monumentaldesign.eu and all functions and tools provided by this Website;
f. Seller – ZEBRA P.W.P. Sp. z o. o Spółka Komandytowa, registered office address: ul. Lipowa 25, Złotkowo, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000364501, NIP: 7773180203, REGON: 301536970, e-mail address: support@monumentaldesign.eu, phone: 61 25 00 740;
g. Goods – products included in the assortment of the Website at the address www.monumentaldesign.eu;
h. Order – Client’s declaration of will, aimed directly at the conclusion of the Sale contract at a distance on the Website.
§2
General provisions
1. The Rules and Regulations define the rules for the provision of electronic services by the Seller to Clients, consisting in enabling them to place orders over the Internet for Goods included in the Website’s assortment at the prices given on the relevant subpages.
2. For the proper use of the Website, it is necessary for Clients to read the content of these Rules and Regulations.
3. The provisions of the Rules and Regulations do not infringe the rights of Clients under generally applicable law, in particular the Act of May 30, 2014 on consumer rights (the Polish journal of laws of June 24, 2014, item 827, as amended) and the Civil Code.
4. To use the Website, it is not necessary for a computer or another device of the Clients to meet specific technical conditions. All you need is internet access, an e-mail address, and a standard operating system and web browser.
5. The content presented on the Website, in particular announcements, advertisements, price lists and other information about products, such as their descriptions, technical and functional parameters, are not an offer within the meaning of Art. 66 and 661 of the Civil Code, but constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code;
§ 3
Orders and payments
1. Orders for Goods included in the assortment of the Website are accepted via the Website at www.monumentaldesign.eu.
2. The Client is obliged to provide true and correct data necessary to complete the order.
3. Contact between the Seller and the Client takes place using the e-mail address provided by the Client at the time of placing an order.
4. The information contained on the Website at www.monumentaldesign.eu next to the purchased Goods at the time of placing an order is binding for the Client and the Seller. This applies in particular to the price, characteristics of the goods, their features or components included in the goods. The date, cost and method of delivery are set individually.
5. Each Good in the assortment of the Website is made to the Client’s order. The Seller does not have finished Goods in its inventory.
6. The estimated waiting time for the execution of the Goods covered by the order is from ten weeks. The Client is kept informed about the status of the order. If it is not possible to execute the order, the Seller shall immediately, but at the latest within thirty days from the date of concluding the contract, notify the Client about it and return the entire sum of money received from him/her.
7. The sale contract is concluded when the Client receives the message that the Seller accepts the order, but not earlier than when the Client’s payment for the ordered Goods is posted on the Seller’s account.
8. The Client is obliged to make a bank transfer to the indicated account on the basis of the proforma invoice issued. Posting the funds on the Seller’s account is equivalent to concluding the contract. Monumental is not responsible for additional fees charged by the Client’s bank.
9. An invoice, a list of all ordered Goods and information on the method and cost of shipping the Goods are issued for each order. The invoice is sent to the Client to the e-mail address provided by him/her and attached to the Goods being shipped.
§ 4
Information about Goods and prices
1. Information about the Goods offered by the Seller for sale of Goods are available on the Website at www.monumentaldesign.eu. The prices of the Goods and information on their properties are provided next to the description of the Goods.
2. All prices are given in Euro and include VAT. The price given for each Product is binding at the time of placing the order by the Client. The Seller reserves the right to change the prices of offered Goods, to introduce new Goods to the offer, to perform or cancel promotional actions on the Website or to introduce changes thereto.
3. A limited number of Goods is intended for promotional sale and sales, and orders are processed in the order in which confirmed orders are received for these Goods, until the limits covered by this form of sale are exhausted.
4. The photos and descriptions of the Goods posted on the Website are subject to technical limitations and are only intended to allow the Client to get a general idea of the properties, appearance and performance of the Goods. In particular, the appearance of the Goods in the photos presented on the Website may differ from the actual appearance of the Goods, which may be due to e.g. monitor settings, lighting conditions or photography restrictions. In addition, the technical description of the Goods may include simplifications related to its transformation into a readable version and appropriate for the purpose of its placement on the Website.
§5
Delivery
1. The delivery costs are borne by the Client.
2. The quantity of the ordered Goods and the place of delivery affect the delivery costs. The cost of delivery, its form and scope are agreed individually with the Client. The Client bears all additional costs resulting from customs and tax charges.
3. The delivery of goods takes place on the date agreed with the Client.
4. In order to deliver the product to the Client, the Seller uses the services of professional logistics partners.
5. The Client undertakes to collect the Goods sent.
6. After receiving the Goods, it is recommended that the Client check the condition of the delivered parcel in the presence of the courier, in particular whether it is complete and not damaged. In the event of any damage to the Goods or other irregularities, it is recommended to draw up a damage report and contact the Seller within 5 days from the date of delivery of the product.
7. Failure to prepare a damage report does not exclude or suspend the examination of a possible complaint, however, it may make it difficult for the Client to prove the existence of damage at the time of delivery of the parcel.
8. All costs incurred in connection with the incorrect address given by the Client or in connection with the non-acceptance of the parcel will be charged to the Client. Products returned due to non-acceptance of delivery will not be re-shipped and the Seller will not be required to refund the purchase price and other costs charged to the Client. However, this does not apply if the Client requests a redelivery within 14 days from the date of failure to collect the delivery and covers the costs of the reshipment.
§ 6
The right to withdraw from the contract by Clients who are Consumers
1. The Client being a Consumer has the right to withdraw from the sale contract within 14 days without giving any reason.
2. The Consumer is not entitled to the right to withdraw in relation to the contract in which the subject of the service:
a. is a non-prefabricated item, manufactured according to the consumer’s specification or serving to meet his/her individual needs,
b. are items that after delivery, due to their nature, are inseparably connected with other items.
3. The deadline for the withdrawal expires 14 days after the Consumer took possession of the product or a third party, other than the carrier and designated by the Consumer took possession of the product.
4. To exercise the right to withdraw from the contract, the Consumer must inform the Seller about his/her decision to withdraw from this contract by an unequivocal statement.
5. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Customer to send information regarding the exercise of his/her right to withdraw from the contract before the deadline to withdraw from the contract.
6. In the event of withdrawal from the contract, the Seller will return all payments received, including the costs of delivering the Goods, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller, immediately, and in any case not later than within 14 days from the day on which the Seller was informed about the exercise of the right to withdraw from the contract. Any additional costs resulting from the choice of a different delivery method by the Consumer shall be borne by the Consumer.
7. The Seller may withhold the refund of payments received from the Consumer until they receive the Good back or the Consumer provides proof of sending the Good back, depending on which event occurs first.
8. The refund will be made using the same payment methods that were used by the Customer in the original transaction, unless the Customer has expressly agreed otherwise. In any case, the Consumer does not bear any costs related to the refund of fees.
9. The returned Goods should be sent back or handed over immediately, and in any case not later than within 14 days from the date on which the information on withdrawal from the sale contract was submitted. The deadline is met if the item is returned before the expiry of the 14-day period.
10. The Goods should be returned to the address of the Seller, i.e. ZEBRA P.W.P. Sp. z o. o Spółka Komandytowa, registered office address: ul. Lipowa 25, Złotkowo.
11. The Consumer bears all costs related to the return of the Goods.
12. The Consumer is liable for the reduction of the value of the Good resulting from its use other than as necessary to establish the nature, characteristics, and functioning of the Good.
§ 7
Newsletter
1. Each Client has the option of subscribing to the Newsletter (information bulletin) of the Website.
2. The interested Client will receive the Newsletter by e-mail to the e-mail address provided by him/her, if he/she voluntarily agrees to the processing of personal data and for the Seller to provide him/her with correspondence by e-mail.
3. The Client may unsubscribe from the Newsletter at any time by contacting the Seller.
§ 8
Complaint under the warranty for defects
1. The Seller ensures that the Goods included in the assortment of the Website and manufactured at the Client’s request are free from physical and legal defects.
2. The Client who is a Consumer has the right to submit a complaint for the Goods under the warranty for physical defects of the item sold in accordance with the Civil Code, taking into account the provisions relating to Consumers.
3. The Consumer shall complain about the goods by notifying the Seller about finding a physical or legal defect in the Goods in writing to the address of ZEBRA PWP Sp. z o. o. Spółka Komandytowa, registered office address: ul. Lipowa 25, Złotkowo; by e-mail to the address support@monumentaldesign.eu or in person at the Seller’s premises.
4. The Seller is liable under the warranty if a physical defect is found within two years of the Goods being released to the Customer.
5. The complaint should include the order number or other data allowing to identify them, the Consumer’s contact details enabling the reply to the complaint and a description of the event constituting the basis for the complaint, along with photographic documentation, if the Consumer has such.
6. After receiving the complaint, the Seller will immediately contact the Consumer in order to determine the further procedure.
7. The Seller shall consider the complaint immediately, but not later than within 14 days from the date of its submission.
8. In accordance with Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for defects in relation to the goods purchased by the Entrepreneur is excluded. This exclusion also covers, pursuant to Art. 5564 in conjunction with Art. 558 § 1 of the Civil Code, natural persons conducting business activity.
9. For the avoidance of any doubts, the Seller emphasizes that the provision contained in § 8.7 of these Rules and Regulations do not apply to Consumers.
§ 9
Complaint regarding the provision of electronic services
1. Complaints regarding the provision of electronic services by the Seller may be submitted by the Client in writing to the address of ZEBRA PWP Sp. z o. o Spółka Komandytowa, registered office address: ul. Lipowa 25, Złotkowo; by e-mail to the address support@monumentaldesign.eu or in person at the Seller’s premises.
2. Complaints about services provided electronically should include:
a) Client’s identity data,
b) the subject of the complaint and the period to which the complaint relates;
c) circumstances justifying the complaint;
d) Client’s signature – in the case of a complaint submitted in writing.
3. If the complaint does not meet the formal conditions referred to in § 8.2, the Seller may, at its discretion, leave the complaint without further consideration or request the Client to supplement it within no more than 7 days, along with an instruction that in the event of failure to complete the complaint within the specified period, the complaint will be left without consideration.
4. The Seller may leave the complaint without further consideration or reject it if:
a) the complaint concerns the issue explained in the Rules and Regulations, attachments, supplements or auxiliary materials available on the Website. In this case, the response to the complaint contains a reference to the relevant document;
b) the complaint concerns the issue previously explained in the response to the previous complaint notification of a given Client. In this case, the response to the complaint contains a reference to the relevant document;
c) the complaint comes from a third party who does not have the appropriate authorization or power of attorney;
d) will be submitted after 30 days from the disclosure of the reasons for the complaint.
5. The Seller will inform the Client immediately about the exercise of the right to leave the complaint without consideration or its rejection.
6. The Seller shall consider the complaint immediately, but not later than within 14 days from the date of its submission.
§ 10
Final provisions
1. The Client undertakes to use the Website in a manner consistent with the provisions of law in force in the territory of the Republic of Poland, the provisions of these Rules and Regulations, as well as with the customs adopted in a given scope, and not to deliver or transmit content prohibited by applicable law.
2. The Seller is not a party to the Code of good practice. It is possible to recourse to out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures are provided by the authority selected by the Client.
3. The Seller will make every effort to ensure that the website www.monumentaldesign.eu and all services made available through it operate continuously, without any disruptions, however, the Seller shall not be liable for any disruptions caused by force majeure or unauthorized interference by Clients or third parties for which it is not liable.
4. The Seller reserves the right to implement any security measures to protect the proper functioning of the website.
5. All intellectual property rights to the www.monumentaldesign.eu Website, in particular to the content, word or graphic signs, names, images, graphics, sound effects, information, functionalities and services available on the www.monumentaldesign.eu Website, are owned exclusively by the Seller or its partners who provided certain materials to the Seller for use. Using the Website www.monumentaldesign.eu on the basis of the Rules and Regulations in any way does not result in the acquisition by the Client or third parties of some or all of the above-mentioned intellectual property rights.
6. It is forbidden, without the consent of the Seller expressed in writing, to copy, duplicate or any other use, in whole or in part, of the intellectual property rights to the www.monumentaldesign.eu Website, referred to in § 10.5 of these Rules and Regulations. This does not apply to the automatic temporary storage of files in the memory of a digital device, which is the result of ordinary use of the Website for purposes in accordance with the Rules and Regulations and cases of use admissible under the applicable law.
7. The content of these Rules and Regulations is made available to the Clients free of charge via the Website and may be recorded, in particular by printing, saving on a carrier or downloading at any time, from the Website.
8. The Seller has the right to amend the Rules and Regulations. The amendment to the Rules and Regulations does not affect orders placed by Clients before the entry into force of these changes.
9. The invalidity of one of the provisions of these Rules and Regulations, confirmed by a decision of a competent court, does not invalidate the remaining provisions of the Rules and Regulations.
10. To all matters not covered by these Rules and Regulations, the provisions of applicable Polish law shall apply.
11. Any disputes arising from the operation of the Website and the provision of services by the Seller within it will be submitted to the competent Polish common courts.
12. Using the Website, including placing orders, involves the processing of personal data. Detailed rules for the processing of personal data are described by the Seller in the Privacy Policy.