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PRELIMINARY PROVISIONS

The online store 3u10.pl, accessible at the web address https://3u10.pl/, is operated by IMMOQEE sp. z o.o. – conducting business under the name of Contemporary Art Gallery based in Warsaw (address: ul. Karola Chodkiewicza 3 lok. U10), registered in the National Court Register NIP 521-345-53-42, REGON 141034113, KRS 0000287501.

§ 1 Definitions

  • Consumer – a natural person entering into a contract with the Seller within the Store, whose subject matter is not directly related to their business or professional activity.
  • Seller – a legal entity conducting business registered in the National Court Register under number 0000287501.
  • Client – any entity making purchases via the Store.
  • Entrepreneur – a natural person, legal person, or organizational unit not being a legal person, granted legal capacity by a separate statute, conducting business activity in their own name and using the Store.
  • Store – the online store operated by the Seller at the web address https://3u10.pl/sklep.
  • Distance Contract – a contract concluded with the Client within an organized system for concluding contracts at a distance (within the Store), without simultaneous physical presence of the parties, exclusively using one or more means of distance communication up to and including the conclusion of the contract.
  • Regulations – these regulations of the Store.
  • Order – a declaration of intent made by the Client using the Order Form aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
  • Account – the client account in the Store, where data provided by the Client and information about their Orders in the Store are stored.
  • Registration Form – a form available in the Store that allows the creation of an Account.
  • Order Form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
  • Cart – an element of the Store’s software in which the Products selected by the Client for purchase are visible, and where it is possible to establish and modify Order data, particularly the quantity of products.
  • Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Client and the Seller.
  • Sales Agreement – a sales agreement for the Product concluded or to be concluded between the Client and the Seller via the online Store. The Sales Agreement also includes, according to the characteristics of the Product, a service provision agreement and a work contract.

Contact with the Store

 

  1. Seller’s Address: ul. Karola Chodkiewicza 3 lok. U10, 02-593 Warsaw
  2. Seller’s Email Address: galeria@3U10.pl

§ 2 Technical Requirements

To use the Store, including browsing its assortment and placing orders for Products, the following is necessary:

§ 3 General Information                                              

  1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions including interruptions in the operation of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.
  2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Client for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the fulfillment of the Order without creating an Account.
  3. The prices quoted in the Store are in Polish zlotys and are gross prices (including VAT).

§ 4 Creating an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form. The following data must be provided: First Name, Last Name, Email.
  2. Creating an Account in the Store is free.
  3. Logging into the Account is done by entering the login and password established in the registration form.
  4. The Client may remove the Account at any time, without giving any reason and without incurring any costs, by sending a relevant request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 5 Rules for Placing Orders
To place an Order, you must:

  1. Log into the Store.
  2. Select the Product that is the subject of the Order, then click the “Add to Cart” button.
  3. Log in or use the option to place an Order without registration.
  4. f the option to place an Order without registration is selected – fill out the order form by entering the recipient’s details and the address to which the Product is to be delivered, choose the type of shipment (method of delivering the Product), enter the invoice details if they differ from the recipient’s details.
  5. Click the “Order and Pay” button.
  6. Select one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.

§ 6 Offered Delivery and Payment Methods

  1. The Client can use the following delivery or collection methods for the ordered Product:a) Courier delivery, cash on delivery courier.
  2. The Client can use the following payment methods:a) Payment upon receipt.b) Payment by bank transfer to the Seller’s account.c) Electronic payments via Przelewy24.d) Payment by payment card. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.
  3. Shipping time – up to 48 hours on business days.
  4. Detailed information on delivery methods and accepted payment methods can be found on the Store’s pages.

§7 Execution of the Sales Agreement

  1. The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has submitted an Order via the order form in the online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. The confirmation of receipt of the Order and its acceptance for execution is done by sending the Client a relevant email to the email address provided during the Order submission, which contains at least a statement from the Seller about the receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Client, the Sales Agreement is concluded between the Client and the Seller.
  3. In the case of choosing:1) payment by bank transfer, electronic payments, or credit card payment, the Client is obliged to make the payment immediately upon placing the order – otherwise, the order will be canceled.2) cash payment upon personal collection of the shipment, the Client is obliged to make the payment upon receipt of the shipment.3) if the Client has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Client during the Order submission.
  4. In the case of ordering Products with different delivery dates, the delivery time will be the longest specified period.
  5. The beginning of the delivery period for the Product to the Client is calculated as follows:1) In the case of choosing the payment method by bank transfer, electronic payments, or credit card – from the day the Seller’s bank account is credited.2) In the case of choosing the cash on delivery payment method – from the day the Sales Agreement is concluded.
  6. In the case of choosing personal collection of the Product, the Product will be ready for collection by the Client within the time indicated in the Product description. The Client will also be informed of the Product’s readiness for collection by the Seller by sending a relevant email to the email address provided during the Order submission.

 § 8 Right to Withdraw from the Agreement

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or to a person indicated by them other than the carrier.
  3. In the case of an Agreement that covers multiple Products delivered separately, in batches, or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch, or part.
  4. In the case of an Agreement that involves regular delivery of Products for a specified period (subscription), the period indicated in paragraph 1 runs from taking possession of the first item.
  5. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.
  6. The statement can be sent by traditional mail, fax, or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website – the Seller’s contact details are provided in § 3. The statement may also be made using the form, a template of which is attached as Annex No. 1 to these Regulations and an annex to the Act of May 30, 2014, on Consumer Rights, but this is not mandatory.Details of the procedure and relevant forms can be found in the Returns section at https://3u10.pl/informacje/ 

§ 9 Complaints and Warranty

  1. The Sales Agreement covers new Products.
  2. Products returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
  3. Complaints will be addressed within 14 days from the date of submission.

Out-of-Court Methods of Handling Complaints and Claims

  • Detailed information regarding the Consumer’s options for using out-of-court methods for handling complaints and pursuing claims, as well as access rules for these procedures, is available at the offices and websites of county (municipal) consumer advocates, social organizations dedicated to consumer protection, the Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.

  • The Consumer has the following examples of options to utilize out-of-court methods for handling complaints and pursuing claims:
    1) The Consumer has the right to submit a request to a permanent consumer arbitration court, as referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), to resolve a dispute arising from the Agreement with the Seller.
    2) The Consumer has the right to request the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection, to initiate mediation proceedings for an amicable resolution of the dispute between the Consumer and the Seller.
    3) The Consumer may obtain free assistance in resolving a dispute between them and the Seller through the free services of a county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g., the Consumers Federation, the Association of Polish Consumers).

§ 10 Personal Data Protection

  1. The Seller is the administrator of personal data collected from Clients via the online Store.
  2. The personal data collected by the administrator via the online Store is processed for the purpose of executing the Sales Agreement, and, if the Client consents, also for marketing purposes.
  3. The recipients of the personal data of the Clients of the online Store may include:1) If the Client chooses delivery by postal or courier service, the Administrator provides the collected personal data to the selected carrier or intermediary executing shipments on behalf of the Administrator.2) If the Client chooses electronic payment or credit card payment, the Administrator provides the collected personal data to the selected entity handling these payments in the online Store.
  4. The Client has the right to access their data and correct it.
  5. Providing personal data is voluntary; however, failure to provide the data specified in the Regulations necessary to conclude the Sales Agreement will result in the inability to conclude the agreement.Details regarding data protection can be found at:https://3u10.pl/polityka-prywatnosci/

§ 11 Final Provisions

  1. Agreements concluded via the online Store are made in Polish.
  2. The Seller reserves the right to make changes to the Regulations for important reasons, namely: changes in legal regulations, changes in payment and delivery methods – insofar as these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Client about any changes at least 7 days in advance.
  3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services; the Act on Consumer Rights; and the Act on the Protection of Personal Data.
  4. The Client has the right to use out-of-court methods for handling complaints and pursuing claims. To do this, they can file a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/. The Regulations come into effect on May 1, 2022.

     

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