rental@artexpo.com.pl

Only for traders

rental@artexpo.com.pl Only for traders

Terms and Conditions

 SECTION I – DEFINITIONS:

The terms used in these Terms and Conditions mean:

  1. Lessor – ArtExpo Sp. z o.o. under the entry into the National Court Register (KRS) of the Republic of Poland, kept by the Minister of Justice, the authority making the Lessor’s entry to the KRS: 31-751 Krakow, NIP PL678-317-42073, REGON 380079866, ADRES E-MAIL artexpo@artexpo.com.pl,​ in matters related to the Online Platform efee.artexpo.com.pl;​ contact​ phone number: +48 12 644 53 78, every day on working days from 8:00 am to 4:00 pm(connection fee as per the operator’s tariff whose service the User uses);
  2. Online Platform – a website run by the Lessor at the URL address: https://efee.artexpo.com.pl;
  1. Customer – a registered company or their representative, a legal person or an organizational unit that is not a legal person, whom legal provisions provide legal capacity, making Orders as part of the Online Platform;
  2. User –​ any person using the Online Platform website;
  3. Goods –​ products and services offered by the Lessor on the Online Platform;
  4. Goods page –​ a single sub-page on the Online Platform, where detailed information about the Goods is provided;
  5. Price – the wholesale price of the Goods placed next to the information on the Products, not including the costs of delivery of the Goods to the Customer; taxes and/or customs duties;
  6. Order –​ Customer’s declaration of will submitted via the Online Platform, indicating the Goods or a set of Goods specified by the Customer for processing, in accordance with these Terms and Conditions;
  7. Working days –​ days of the week from Monday to Friday, excluding statutory holidays;
  8. Lease agreement – a contract for the sale of Goods within the meaning of the provisions of the Polish Civil Code, concluded between the Lessor and the Customer using the Online Platform, and in the case where the Customer is a Consumer, a distance Lease agreement within the meaning of the provisions of Consumer Law;
  9. Customer’s Account –​ a tool available in the Online Platform system, which, after entering the e-mail address (Login) and Password, allows for e.g. tracking the stages of Order completion on the Online Platform website, browsing the Order history, editing the Customer’s contact details and changing the Password, etc.;
  10. Login – e-mail address provided by the User during registration on the Online Platform, required together with the Password to set up the Customer’s Account;
  11. Password –​ a sequence of letters, numbers or other characters chosen by the User during the registration of the Customer’s Account, used to secure access to the Customer’s Account;
  12. Polish Civil Code​– the​ Act of 24 April 1964, Polish Civil Code. (unified text Dz. U.(Journal of Laws) of 2014, item 121, as amended);
  13. The Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (unified text Dz. U. of 2013, item 1422);
  14. Code of good practices – a set of rules of conduct, particularly ethical and professional standards, referred to in article 2 item 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007 (unified text Dz. U. of 2016, item 3, as amended);
  15. Terms and Conditions​– these terms and conditions of the Online Platform.

SECTION II – GENERAL PROVISIONS:

  1. Placing Orders for Goods offered on the Online Platform and their processing is based on these Terms and Conditions and the generally applicable laws. These Terms and Conditions are the rules referred to in Article 8 of the Act on the provision of electronic services.
  2. The number of Goods offered for sale or subject to sell-out is limited. Processing of Orders for such Goods takes place in the order in which they were placed by the Customer, until stocks last.
  3. The information provided on the Online Platform (in particular regarding the Price of Goods) does not constitute an offer within the meaning of Article 66 of the Polish Civil Code; they merely constitute an invitation to submit offers specified in Article 71 of the Polish Civil Code.
  4. All prices displayed on the Online Platform website are expressed in euro (EUR) US dollars (USD) or Polish zlotych (PLN) – depending on the display selected by the User.
  5. Due to the performance of the Goods and materials that were used to make them, the Lessor recommends that the User becomes acquainted with the detailed description of the Goods and the maintenance instructions indicated on the Goods Page before submitting the Order.
  6. It is forbidden to use the Online Platform or the https://efee.artexpo.com.pl website by the Customer or Users to send unsolicited commercial information, so-called spam within the meaning of the Act on the provision of electronic services, as well as to use the Online Platform website in a manner contrary to the law, good manners, infringing personal rights of third parties or legitimate interests of the Lessor.
  7. In order to use the Online Platform, the User should have a computer or other terminal device with access to the Internet and e-mail. Using the Online Platform is possible for Users with the following equipment:
    1. a PC or other device with Internet access;
    2. internet access;
    3. an Internet browser, e.g. Firefox, Internet Explorer or Google Chrome or other;
    4. active e-mail account.
  8. Direct contact with the Lessor is possible by e-mail or by phone. All contact details of the Lessor are given in these Terms and Conditions and on the Online Platform website in the Contact tab.

SECTION III – SERVICES PROVIDED ELECTRONICALLY:

  1. Services provided electronically on the basis of these Terms and Conditions consist in enabling Users to make purchases on the Online Platform, using the Customer’s Account, as well as placing pre-orders and providing the newsletter service.
  2. The use of the Customer’s Account service requires the User to register and provide their company’s details (name and surname, company’s name, address, tax ID number, telephone number, alternate delivery address, email address which is also a Login) and to set up a Password. A message confirming correct registration will be sent to the User’s e-mail address provided in the registration form. Upon confirmation of the Customer’s Account registration, an agreement is concluded between the User and the Lessor, regarding maintaining the Customer’s Account under the conditions specified in the Terms and Conditions.
  3. Registration of the Customer’s Account is free and voluntary. The login and password are confidential. The Customer using the Login and Password is asked to keep this information confidential. The password is not known to the Lessor.
  4. Each User can have only one Customer’s Account in the Online Store. The Customer’s Account is not transferable, the User is not allowed to use the Customer’s Accounts of other Users, or make their own Customer’s Account available to other persons, including the Login and Password.
  5. The use of the newsletter service is possible for every User who agrees to subscribe to the newsletter while placing an Order or registering a Customer’s Account. Upon confirmation of subscribing to the newsletter, an agreement is concluded for the provision of electronic services between the User and the Lessor under the conditions specified in the Terms and Conditions.
  6. The contract for the provision of electronic services by the Lessor in the scope of the Customer’s Account and the newsletter is concluded for an indefinite period. The User may terminate this contract at any time, free of charge. Termination of the contract for the provision of electronic services by either party, as well as its dissolution by mutual consent is tantamount to deleting the Customer’s Account; however, this has no effect on the processing of the already concluded Lease Agreements, unless the parties agree otherwise.
  1. The Lessor may terminate the contract for the provision of services by electronic means with a 14-day notice period if:
    1. the purpose of registration or the manner of using the services is inconsistent with the principles and purpose of the Online Platform,
    2. the User’s activity is contrary to the applicable moral norms, calls for violence or committing a crime, and also if it violates the rights of third parties,
    3. the Lessor has received an official notification about the unlawful nature of the Customer’s details or related activities
    4. the Lessor has obtained reliable information regarding the unlawful nature of the data or activity associated with them and has previously notified the Customer of the intention to prevent access to the Customer’s Account,
    5. the Customer or the User sends unsolicited commercial information,
    6. the Customer or the User violates the provisions of the Terms and Conditions in a gross or persistent manner,
    7. the address data provided by the Customer raises objectively justified doubts as to their correctness or truthfulness, and these doubts have not been resolved by telephone contact or via e-mail.
  2. The Lessor makes every effort to ensure the correct and uninterrupted operation of the Online Platform. In the event that the services, or other services offered by the Lessor, indicated in these Terms and Conditions, e.g. are inconsistent with it, or do not work properly, the User has the right to file a complaint. Users are asked to submit a complaint in electronic form to the e-mail address: rental@artexpo.com.pl or to write to the Lessor’s address. To streamline the complaint handling process, Users are asked to indicate in the complaint their personal data and/or Login, which they use in accessing the Customer’s Account on the Online Platform website and to describe the objections raised.
  3. In accordance with applicable regulations, complaints related to services provided electronically by the Lessor are addressed within 30 days of submitting the relevant complaint. The User will be informed about the method of its consideration by the Lessor.

SECTION IV – PLACING AN ORDER AND CONCLUDING A LEASE AGREEMENT:

  1. To place an Order via the Online Platform, the User has to create  a Customer’s Account. In the case of creating the Customer’s Account, the Customer does not have to provide their personal data in subsequent Orders.
  2. Placing Orders on the Online Platform is possible 24 hours a day, 7 days a week; however, the Lessor processes Orders only on Working Days.
  3. After submitting the Order by the Customer, he receives a reply to the e-mail confirming the submission of the Order, with an Order number. The Lease agreement is concluded at the moment of sending the Order to the Customer with the assigned order number.
  4. The User may change the previously selected Goods, their quantity or stop the ordering process and cancel the Order, within the provisions of point 6.1 in the Rental Service Agreement. The Customer is bound by the Terms and Conditions from the moment of placing the Order. The Lessor does not specify the minimum value of an Order on the Online Platform.
  5. The contents of the Lease Agreements are stored by the Online Platform’s IT system for as long as the Customer has an Account on the Online Platform, and the content of these Agreements is made available only to the parties to the Lease Agreement. After logging into the Customer’s Account, each Customer has access to all his Lease Agreements concluded through the Online Platform website for the period of their storage in the IT system defined in the first sentence. In the absence of the Customer’s Account, the content of Lease Agreements concluded using the Online Platform shall be stored by the Store’s IT system until the end of the Lessor’s liability period under the warranty.

SECTION V – FORMS OF PAYMENT, COSTS OF DELIVERY:

  1. The payment methods available on the Online Platform include:
  1. a) Payments via bank transfer– prepayment to the Lessor’s account by a traditional bank transfer. Receivables for ordered Goods together with delivery costs should be paid in EUR, USD or PLN to the account number indicated by the Lessor.​ The Customer is asked to enter in the transfer title the Order number, received in an e-mail confirming the Order and to provide their name and surname/company name. Making a payment in an incorrect​ amount may significantly extend the deadline for completing the Order,
  2. b) Payment by card – the Lessor accepts payments by Visa, MasterCard and Maestro.

Electronic payments are processed in such a way that the Customer making the payment for the Order is redirected to a transactional service. After logging in, the Customer receives a ready-to-accept transfer form with the appropriate amount, transfer title and the Lessor’s details. After accepting the transfer, the Customer is redirected back to the Online Platform. Payments via the online payment system are provided and serviced by PayU S.A., ul. Grunwaldzka 186, 60-166 Poznań, NIP: 779-23-08-495.

  1. The Lessor expects payment for the Order within 5 Working Days from the conclusion of the Lease Agreement. If the Customer fails to fulfill the obligation to pay for the Order within the deadline referred to in the previous sentence, the Lessor shall set an additional deadline for the Customer to make the payment and inform the Customer via e-mail. The information about the additional payment deadline also includes information that the Lessor shall withdraw from the Lease Agreement after the expiry of this period. In the event of the ineffective expiration of the second payment deadline, the Lessor will send the Customer an e-mail with a declaration of withdrawal from the contract pursuant to Article 491 of the Polish Civil Code.
  2. The time of commencement of the Order processing coincides with the moment of the payment being credited to the Lessor’s bank account given in the Order confirmation (in the case of payment by traditional transfer), or when the information on making the payment is received from the electronic payment system.​
  3. The Lessor performs deliveries to the place indicated by the Customer. Detailed delivery costs are given after completion of the Order.

 

SECTION VI – ORDER PROCESSING:

  1. The Price from the moment of placing the Order is binding for a given Order.
  2. If the Order includes Goods that are unavailable, the Lessor shall immediately inform the Customer by e-mail or telephone. The Customer has the right to resign from the entire Order, or to resign from a Product that is missing, to agree to extend the time of the Order processing, or to process the Order in parts, or to agree to replace the missing Goods with ones of similar properties and Price.
  3. The Lessor delivers the ordered Goods worldwide.
  4. When the Goods are delivered, the Customer is asked to check in the presence of the Lessor’s representative(s) whether both the shipment and the Goods contained therein do not have damage resulting from transport, and are intact and in accordance with the Order. In the event of damage to the shipment, incompleteness or incompatibility of the shipment with the Order, the Customer is asked to write down the damage report in the presence of the Lessor’s representative(s).
  5. A Lease invoice is issued for each Order. The Lease document constitutes a written confirmation of the content of the placed Order and the concluded Lease Agreement.
  6. The Lessor undertakes to deliver the Goods without defects, excluding any defects indicated in the Lease offer on the respective Goods Pages on the Online Platform.

SECTION VII – CUSTOMER’S RIGHT OF WITHDRAWAL FROM THE AGREEMENT:

  1. The Customer has a right to withdraw from the Lease Agreement and return the purchased Goods if faulty/damaged item(s) or item(s) different than ordered have been received. The deadline to withdraw from the contract will expire after 7 days from the date when the Customer had acquired possession of Goods.
  2. In order to exercise​ the right to withdraw from the Lease Agreement, the Lessor should be informed of the decision to withdraw from the Lease Agreement by way of a clear statement (for example in the form of a letter sent by mail or e-mail).
  3. Effects of withdrawal from the contract: in the event of withdrawal from the Lease Contract, the Lessor shall return to the Customer all payments received from them, including the costs of delivering the Goods, within 7 working days after receiving the returned Goods. The Lessor reimburses the payment using the same payment method that the Customer had used for the initial transaction, unless the Consumer expressly agrees otherwise.
  4. The Customer is only liable for a decrease in the value of the Goods resulting from their use in a different way than necessary to establish the nature, characteristics and functioning of the Goods. This means that if the Customer returns a Defective Product that was used for any other purpose than is necessary to establish the nature, characteristics and functioning of the Goods, the Lessor is entitled to refund the Price to the Customer, reduced by the loss of value of the Goods due to misuse.

SECTION VIII – COMPLAINTS:

  1. The Lessor is liable for defects in the Goods, in accordance with the principles of liability specified in the provisions of the Polish Civil Code, in particular Article 556 and 556(1) – 556(6) of the Polish Civil Code.
  2. In the case of defects in the Goods, the Customer may file a complaint to the Lessor by sending it via e-mail to the e-mail address rental@artexpo.com.pl within 7 days from delivery of the Goods.
  3. The Lessor informs that he agrees to settle consumer disputes in accordance with the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Dz. U. of 2016, item 1823).

SECTION IX – PERSONAL INFORMATION:

  1. By placing Orders via the Online Platform and by registering the Customer’s Account and/or by subscribing to the newsletter and/or by contacting the Lessor via e-mail or phone, the User transfers personal data to the Lessor. In the case of registering the Customer’s Account and/or subscribing to a newsletter, the legal basis for the processing of personal data is the User’s consent.
  2. Detailed information on using the User’s personal data can be found in Privacy Policy tab at the bottom of the page.
  3. The Lessor processes personal data provided by the User of the Online Platform in a manner consistent with the scope of the authorization granted by the User and legal requirements, including the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of individuals in connection with the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (general data protection regulation), particularly securing personal data of Users/Customers against becoming available to unauthorized persons, loss or damage.

SECTION X – OTHER PROVISIONS:

  1. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Polish Civil Code, the Act​ on the provision of services by electronic means, and​ with regard to Consumers, also the Consumer Act.
  2. The Lessor is authorized to make changes to these Terms and Conditions for important reasons (e.g. changes in the law, changing the rules of functioning of the Online Platform).In the event of any changes to these Terms and Conditions, the User shall be notified at least 14 days in advance before the change comes into effect (the relevant information on changes to the Terms and Conditions will be posted on the Online Platform website and Users with the created Account will receive information about changes to the Terms and Conditions via email). In the absence of acceptance of the amended Terms and Conditions, the User has the right to resign from using the Online Platform and terminate the Agreement for the provision of services. This does not exclude or restrict the User’s right to opt out of using the Online Platform at any time.
  3. The content of these Terms and Conditions may be recorded by printing, saving on a data carrier or downloading at any time from the Online Platform website.
  4. The provisions of the Terms and Conditions should be interpreted in a way that ensures their compliance with applicable law.

Kraków, dated 04th February 2025