The provisions and conditions specified in these regulations shall apply at the time of ordering the service, the subject of which is the rental of furniture as part of the business activity conducted by ArtExpo Sp. z o.o.

1. GENERAL PROVISIONS

1.1. These regulations (hereinafter: Regulations) specify the conditions for renting furniture to the lessee (hereinafter: Lessee), by ArtExpo Sp. z o.o., ul. Odmogile 1a, with NIP: PL 678-317-42-73, REGON: 380079866 (hereinafter: Lessor).

1.2. The rental order is equivalent to the Lessee’s declaration that he has read the content of these regulations and accepts its provisions.

1.3. The basis for the provision of rental services is an order according to the template constituting Annex No. 1 to these regulations.

1.4. The information provided on the Lessor’s website or in the catalogue provided by him is not binding on the Lessor and constitutes only an invitation to conclude an agreement within the meaning of art. 71 of the Polish Civil Code.

1.5. The products presented by ArtExpo Sp. z o.o. are inspired by other designs, but differ in dimensions, the material from which they are made, and the shape. In accordance with art. 2 sec. 4 of the Act of 04.02.1994 on copyright and related rights (Journal of Laws of 2000, no. 80, item 904) – a work that was created as a result of inspiration from someone else’s work is not considered a development. We do not take responsibility for reselling, offering or showing products from our offer as original works.

2. TERMS OF RENTAL

2.1. The subject of the lease is made available to the Lessee, for use in a manner consistent with the purpose of this subject, for the period specified in the lease order.

2.2 The basis for the handover of the subject of the lease is the preparation of a handover and acceptance protocol containing a detailed description of the subject of the lease. A template of the handover and acceptance protocol constitutes Annex No. 2 to the regulations. The handover and acceptance protocol constitutes confirmation of the receipt of the subject of the lease by the Lessee, and also constitutes the basis for assessing the condition of the subject of the lease at the time of its return to the Lessor.

2.3. The subject of the lease shall be collected at the Lessor’s registered office or at a place indicated by him. Delivery of the subject of the lease to the place indicated by the Lessee is possible for an appropriate fee agreed in the order with the Lessor. The place of collection is indicated in the content of the order.

2.4. The Lessor may demand that the Lessee pay a deposit in an amount not higher than the value of the subject of the lease. Payment of the deposit is a condition for the handover of the subject of the lease.

2.5. All assembly and disassembly services for objects included in the subject of the lease are additional services and are subject to a separate fee.

2.6. The cost of transport includes travel in both directions. The Lessee is obliged to ensure that the Lessor can drive to the assembly site with a delivery vehicle with a lift, and move around the event area with pallet trucks. If the assembly requires moving the equipment manually, such information must be reported when placing the order, otherwise an additional fee will be added, or the organizer will be obliged to provide a technical team to manually move the furniture.

3. OBLIGATIONS OF THE PARTIES

3.1. The Lessee is obliged to take special care of the condition of the subject of the lease, and is obliged to return the subject of the lease in a non-deteriorated condition. The Lessee is responsible for normal consequences of use, as well as for loss or damage caused by their own or third parties’ actions. In addition, the Lessee is liable for its damage or loss during the period of possession of the subject of the lease.

3.2. In the event of the Lessee collecting the leased item at the location indicated by the Lessor, the Lessee is obliged to provide an appropriate means of transport to prevent damage to the items that are the subject of the lease. In the event that the Tenant fails to provide an appropriate means of transport, the Lessor’s representative may refuse to hand over the leased item. In such a case, the Lessor’s representative is obliged to draw up a report indicating the reason for refusing to hand over the leased item. Therefore, the parties recognise that the refusal to hand over the leased item results from the Lessee fault. At the same time, if the Lessee provides another means of transport, the lease end date shall not be extended.

3.3. The Lessor undertakes to deliver the leased items in good condition and of good quality. The leased items may contain traces of use and are not new; the Lessee declares that he has been informed of this.

3.4. The Tenant may not place any content, markings, advertising texts, etc. on the items that are part of the leased items without the written consent of the Lessor. The consent to place these elements must be clearly recorded in the content of the order.

3.5. The Lessor can provide equivalent furniture according to the specifications of the lease, of the same quality, in the event that it is not possible to deliver the original items of the lease, or the elements that are part of it.

3.6. In the case of delivery of the items of the lease by the Lessor, the Lessee or a person authorised by the Lessee (in writing), is obliged to present themselves at the place and time of delivery in order to receive the items of the lease. In the event that the delivery is not possible for reasons attributable to the Lessee, the Lessor can charge extra costs, including: transport costs, waiting time, loading and unloading; calculated in accordance with the cost incurred by the Lessor, including the cost of working hours of persons reorganising the transport.

4. COMPLAINT PROCEDURE

4.1. In the event that a lease item or any of its components are not satisfactory, the Lessor shall repair or replace the items or components contained therein within 24 hours of notification. If the repairs are not completed on time or the required item has a deficiency or does not fulfil its required purpose, the Lessee may request a reduction in the rental price. However, this does not apply to the use of structural elements, and the normal wear and tear of items, or the use or assembly of the leased items. 4.2. If the Lessee, after receiving the leased item, finds that the item does not correspond to the order, or that the item has a defect, should provide, in writing, detailed information and deliver it to the Lessor at their address, physically or by email. Proof of sending this is essential.

5. LESSOR’S LIABILITY

5.1. The Lessor is not obligated to provide insurance cover of the items during the lease period.

5.2. In the event of a claim against the Lessee by third parties, including in connection with enforcement proceedings, which is related to the seizure of the items of the lease, the Lessee is obliged to inform the creditor or the relevant authority, that the Lessor is the owner of the leased items and therefore the items cannot be subject to seizure. At the same time, in the event of the seizure of the leased items, the Lessee is obliged to immediately inform the Lessor of this fact and provide the details of the authority carrying out the seizure.

WITHDRAWAL FROM THE AGREEMENT

6.1. The Lessee may withdraw from the agreement resulting from the submitted order before the subject of the lease is handed over. In the event that the Lessee withdraws from the agreement within a period shorter than 14 days before the subject of the lease is handed over, he will be obliged to pay the Lessor an amount equal to 25% of the net lease price as compensation.

6.2. In the event that the Lessee withdraws from the agreement within a period shorter than 7 days, he will be obliged to pay 50% of the net lease price as compensation.

6.3. Force majeure and other events beyond the control of the Lessor, which the Lessor could not foresee and avoid, release the Parties from the obligation to perform the obligations arising from the agreement for the duration of event.

END OF THE RENTAL PERIOD

7.1. The Lessee undertakes to return the subject of the lease to the Lessor after the end of the lease in the condition in which it was received, apart from wear and tear resulting from normal use in a manner consistent with the intended use of the subject of the lease or the objects included in it.

7.2. The Lessee may instruct the Lessor to collect the subject of the lease on the same terms as the delivery of the subject of the lease by the Lessor.

7.3. If the Lessee does not return the subject of the lease after the end of the lease, he will be charged a fee for each commenced day of possession of the subject of the lease, until its return, at the amount of double the rate of the rental cost agreed by the Parties, excluding any discount. The above fee will be charged in full, also in the event that the Lessee returns only part of the objects included in the subject of the lease.

7.4. After the unsuccessful expiry of the lease period, in the case specified in point 3.3 The Lessor will call for the return of the leased item within 7 days. After this period, the Lessor will charge the Lessee a contractual penalty in the amount equivalent to the value of the leased item or the items included in it. At the same time, the Lessor reserves the right to seek compensation from the Lessee in excess of the amount of the reserved contractual penalty.

SETTLEMENTS BETWEEN THE PARTIES

8.1. In order to settle the lease, the Lessor issues a VAT invoice, which is payable on the date indicated on it. The Parties are not obliged to sign the invoice.

8.2. Payment must be made before the lease is performed, the leased items are reserved for the Lessee only after the payment has been received. If the Lessee fails to meet the payment deadline, the Lessor will be entitled to immediately terminate the lease agreement and does not guarantee its implementation.

8.3. In the event that the Lessee finds errors in the content of the VAT invoice, they are obliged to immediately notify the Lessor, but no later than within 24 hours of receiving it, otherwise they lose the right to request an appropriate extension of the payment deadline.

PERSONAL DATA PROCESSING

9.1. The Lessor is the administrator of personal data contained in the Lessee’s Database. Data, including personal data of Lessees, will be processed for the purpose of providing services offered by the Lessor and will be used to create a Database used for the purpose of providing these services. The Lessor may also collect and process personal data of Lessees for marketing purposes.

9.2. The Lessor will apply the necessary data processing security measures provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR).

9.3. Lessees agree to the collection and processing of their personal data for the purpose of providing services offered by the Lessor by each time sending their data to the Lessor for the purpose of use in the lease agreement, and within the scope of it. At the same time, Lessees may consent to the collection and processing of their personal data for marketing purposes by selecting the appropriate consent form on the website: www.artexpo.com.pl.

9.4. Lessees’ data will be processed for the period necessary to perform the services provided by the Lessor and necessary to secure Lessees’ claims and the Lessor’s rights resulting from the limitation periods provided for in the Polish Civil Code and the Tax Ordinance Act.

9.5. Persons providing personal data have the right to access their personal data, rectify it, delete it, limit its processing, the right to transfer data and the right to withdraw consent.

9.6. The Lessor will not provide the Lessees’ personal data to entities that are not parties to the lease agreement without the consent of the Lessees. This does not apply to cases where such disclosure is permitted or necessary under relevant legal provisions.

9.7. In the event of a breach of the GDPR provisions, the Lessee has the right to lodge a complaint with the supervisory authority.

9.8. In matters concerning the processing of Lessees’ personal data, you can contact the Lessor, in writing, at the address: ul. Odmogile 1a, 31-751 Kraków or at the e-mail address: artexpo@artexpo.com.pl

FINAL PROVISIONS

10.1. The Lessor is authorized to use the logo and name of the Lessee as an entity cooperating with the Lessor or a client:

1. a) by placing them on the Lessor’s website or on social media portals,

1. b) by placing them on folders, catalogues, leaflets and other advertising materials of the Lessor.

10.2. All notifications and declarations of the Lessee towards the Lessor should be made in writing and delivered directly to the Lessor’s registered office or via registered mail sent to the postal operator, under penalty of nullity.

10.3. The provisions of the Polish Civil Code shall apply to matters not regulated in these regulations.

10.4. The court competent to resolve disputes is the court deemed competent by the Lessor.