I   Introduction

1. The Administrator of the robertkupisz.com online store (the "Store") is Art Works Sp. z o.o. with its registered office in Łomianki, at ul. Kampinoska 2, with the tax identification number (NIP) 118-16-11-037, entered into the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register under the National Court Register (KRS) number 0000047711; e-mail: bok@robertkupisz.com, tel: +48 786 100 123 (the "Administrator", "Art Works"). The Customer may contact the Administrator using the data indicated above.
2. The Store enables purchasing of goods by means of the electronic network (the Internet).
3. These Terms and Conditions are addressed to all users of the Store and determine the principles of making the registration and using the Store account, principles of placing orders in the Store and the principles of concluding agreement for sale of goods.
4. Access to the Terms and Conditions may be obtained by each user at any time, by "clicking" on the "Terms and Conditions" link located on the Store website.
5. Information about the products in the Store, e.g. Descriptions or prices constitute an invitation to submit an offer to conclude a sales agreement within the meaning of Article 71 of the Civil Code, in accordance with provisions of the Terms and Conditions.
6. The goods in the Store are precisely labeled. The website contains information on the properties of the product, its price, the material it is made of, color, size, etc.
7. The pictures and presentations of the products offered are used for the presentation of the models specifically indicated therein.

II  Rules of Using the Store

1. Art Works Sp. z o.o. allows for concluding agreements for the sales of the goods presented in the Store via the Internet and provides other services determined in these Terms and Conditions.
2. The agreement for sale of goods shall be concluded between the user of the Store (the "Customer") and Art Works Sp. z o.o. with its registered office in Łomianki.
3. Recording, providing and access to the material provisions of the agreements concluded by means of distance communication shall be made by printing out and providing the Customer with the proof of purchase (receipt or VAT invoice) together with the goods’ delivery.
4. The commencement of the use of the Store is conditioned by reading these Terms and Conditions and their acceptance.
5. The information provided by the Customer in the course of submitting the order shall be true, valid and accurate. Art Works Sp. z o.o. reserves the right to refuse performance of the order, in the event when the given data are so inaccurate as to prevent the performance of the order, in particular, prevent the correct delivery of the shipment. Before the refusal to perform the order, Art Works Sp. z o.o. shall attempt to communicate with the Customer in order to determine the data in the scope enabling the performance of the order.
6. The Store shall take all possible and ordered by relevant provisions of law, technical and organizational measures aimed at protecting personal data of the Customers, in particular to prevent obtaining and modification of the data provided at the registration and placing of the order by unauthorized persons.
7. The Customer who has used the Store is obliged:
a. not to provide and not to disseminate the contents forbidden by the provisions of law;
b. to use the Store in a manner not disturbing its operation;
c. not to send and not to place within the Store unsolicited commercial information;
d. use the Store in a manner that does not create inconvenience for other Customers as well as for the Store Administrator;
e. use of the contents placed on the Store websites for one’s own use.

III  Conclusion of the Sales Agreement

1. In order to conclude an agreement for sale, please place an order on the Store website.
2. The Store accepts orders submitted on-line 24 hours a day, 7 days a week. Orders placed on statutory holidays shall be performed on the first business day following the day on which the order was made.
3. The Customer may place the order without the necessity of prior registration (so-called purchases without registration).
4. The order may be placed provided that all the required data necessary for shipment are filled out in the form.
5. To place the order, products from the available offer of the Store, their colors, size and quantity must be selected by adding them to the shopping cart.
6. Until the Customer clicks on the button "Order with the obligation to pay”, the Customer has the possibility to make changes and modifications to the products in the order, as well as contact details for shipment or invoice.
7. Placement of the order by the Customer (approval by clicking on the button "Order with the obligation to pay") is equivalent to the Customer’s offer submitted to Art Works Sp. z o.o. regarding the conclusion of the Agreement for Sale, in accordance with the contents of the Terms and Conditions and the order placed.
8. The Store sends the confirmation of accepting the Customer’s offer submitted via electronic mail ("Confirmation of the order performance acceptance"), to the e-mail address indicated by the Customer. The confirmation shall also include the information referred to in Article 12 section 1 of the Act on the consumer rights.
9. The Agreement for Sales shall be concluded in Polish or English (depending on the Customer's selection), having contents compliant with these Terms and Conditions.
10.  If the Customer selects a form of payment other than “cash on delivery”, the Store reserves the right to refuse to perform the order under the Agreement for Sales, in the event that:
- the Purchaser’s contact details are so inaccurate that they prevent the delivery of goods
- the transaction has not been successfully authorized in the electronic payment system
- payment for the order has not been made within 5 business days from the order placement.

IV  Delivery and Collection

1. The deadline for the performance of the order in the Store included in the order summary is the most likely duration of preparing the products for shipment to the Customer. In exceptional situations, the time for performance of the order is confirmed by the employee during the contact with the Customer, subject to section 2 below. The Store makes efforts to release the product to the consumer immediately, however not later than within 30 days.
2. The products are delivered to the specified address in the territory of the Republic of Poland and the selected EU member states by the DHL Parcel Polska Sp. z o.o. forwarding company and to other countries by the DHL Express (Poland) Sp. z o.o. forwarding company or in the territory of the Republic of Poland to the brick and mortar store ("Boutique") indicated by the Customer in the process of placing the order. The fees for the delivery of the products are quoted in the process of order placement and added to its value. The customs duties at the receipt of shipments sent outside of the European Union are calculated in accordance with the applicable law of the country to which the item is sent, and the Store has no influence on their amount.
3. The total and maximum deadline for the performance of the order should not exceed 14 business days. Commencement of the order performance may be delayed until the selling price is credited on the Store’s bank account (and possible shipping costs), if the Customer selects the form of payment as Internet down payment (i.e. using the Przelewy24 website).
4. A proof of purchase (receipt or at the Customer’s request, after the appropriate option is marked and providing the data in the process of order placement - a VAT invoice) is enclosed with each good sent.
5. Delivery of the goods to the Boutique takes place upon the following principles:
a. the costs of the goods delivery to the brick and mortar stores shall be borne by Art Works,
b. the Customer shall receive an e-mail with the information about the possibility of collection of the ordered goods in the selected Boutique,
c. if the Customer selects the option to collect the order in the Boutique, payment for ordered goods may be made only via electronic payments made in the Przelewy24 payment system,
d. The Customer is obliged to collect the goods within 14 days from the date of receiving the e-mail informing that the goods can be collected.

V Prices and Payment Methods

1. Information on the goods purchase price in the store is shown on the Store website and is binding. The above mentioned price shall not be changed regardless of changes of the prices in the Store, which may occur after the conclusion of the sales agreement.
2. The prices of the products in the store are provided in Polish zloty, Euro or American dollars and are inclusive of VAT. The prices do not include the amount of the customs duty if the determined delivery address for the order is outside the territory of the Republic of Poland.
3. The Customer shall pay the price for the ordered products according to its choice:
a. by cash to the courier company forwarder in the place of delivery (cash on delivery); this payment method is possible only in the territory of the Republic of Poland,
b. by bank transfer, via electronic payment made in the Przelewy24 payment system prior to the delivery. If the Customer selects the payment method in the form of down payment, the lack of receipt of the payment to the bank account of Art Works or transaction intermediaries (Przelewy24 website) within 5 business days from the order placement shall result in order cancellation. In such a situation, the order may be placed again and another form of payment may be selected. The performance of the order payable by wire transfer or credit card begins after the receipt of the amount due for the goods.
4. If the Customer selects the option of the goods delivery outside the territory of the Republic of Poland, in accordance with the principles of these Terms and Conditions, the payment of the goods’ price is possible only in the form of electronic payment.
5. Art Works reserves the right to change the prices of the goods available in the Store, to introduce new products for sale, carry out promotional campaigns on the Store websites or introduce such changes in accordance with the standards of the Civil Code and other acts, provided that such changes do not infringe the rights of the persons which concluded the agreement for sale of goods offered by the Store prior to making the above-mentioned changes or rights of persons authorized to use a given promotion in accordance with the principles and in the period of its duration.

VI  Commercial Warranty and Complaints

1. The products offered in the Store are brand new and original. Art Works is obliged to deliver to the Customer items without defects.
2. Article Works shall be liable for defects in the item (commercial warranty). This liability is regulated in the provisions of the Civil Code (the "C.C."), in particular in Articles 556, 556 [1] -556 [3] of the Civil Code and Article 559-561 of the Civil Code.
3. Art Works shall take actions in order to ensure full correct operation of the Store, to the extent which results from the current technical knowledge and undertakes to remove all irregularities reported by the Customers within reasonable time.
4. Each item purchased in the Store may be subject to complaint upon the terms and conditions of complaints specified in the relevant laws if it has physical defects or legal defects.

Complaints may be submitted by mail by returning the goods together with a written description of the defect or complaint form downloaded from the Store website, by registered letter or another form of mail, to the address: Sklep internetowy robertkupisz.com, Art Works sp. z o.o., ul. Cybernetyki 19 bud. A, 3 piętro, 02-677 Warszawa, with the note: "Complaint robertkupisz.com Online Store". The Customer shall receive information about how the complaint will be examined within 14 days from the date of the Store having received shipment containing the goods subject to complaint. If the data or information specified in the complaint have to be supplemented, before examination of the complaint, Art Works shall request the Customer for their completion in the indicated scope. The period of 14 days shall be calculated from the date of submission of the information necessary to examine the complaint.
5. Should the complaint be rejected, the goods shall be sent together with the opinion regarding the grounds for the complaint being unjustified.
6. If the Customer finds product damage occurred during transport, it is recommended to the Customer to draw up, at the presence of the courier (or the seller in the Boutique - for goods to be collected in the Boutique), the so called damage report.
7. Where the consumer is not the purchaser, the liability of Art Works under the commercial warranty is excluded.

VIa Out-of-Court Settlement of Disputes

1. The principles of conducting procedures concerning out-of-court consumer dispute settlements are defined in particular by the provisions of the Act of September 23, 2016 on out-of-court consumer dispute resolution (Journal of Laws of 2016, item 1823) and the rules of procedure of individual entities authorized.
2. The out-of-court consumer dispute settlement is voluntary. Declaration of Art Works Sp. z o.o. on consent or refusal to participate in the procedure on the out-of-court consumer dispute resolution shall be submitted on paper or other durable carrier where the dispute is not resolved as a result of filing the complaint by the consumer.
3. Detailed information on the possibility to apply the out-of-court consumer dispute resolution are available in the registered offices and on the websites of the county (municipal) consumer rights advisers, social organizations whose statutory tasks include consumer protection, the Province Inspectorates of Trade Inspection, in particular on the website of the Office of Competition and Consumer Protection at the following address: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
4. The President of the Office of Competition and Consumer Protection maintains a public register of entities authorized to conduct the procedure on the out-of-court consumer dispute resolution, available at https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
5. In addition, at the address http://ec.europa.eu/consumers/odr the platform of the online system for dispute resolution between consumers and entrepreneurs at the EU level (so-called ODR platform) is available. The ODR platform constitutes a multilingual website with a point of comprehensive service for consumers and entrepreneurs seeking to apply the out-of-court resolution of disputes resulting from Internet sales agreements.

VII    Withdrawal from the Long-Distance Agreement

1. The Consumer who concluded a long-distance agreement, may withdraw from it within 14 days without cause.
2. The deadline for the withdrawal from the agreement shall expire after the lapse of 30 days from the date on which the consumer entered into the possession of the item or on which a third party other than the carrier and indicated by the consumer entered into the possession of the item.
3. In order to exercise the right of withdrawal, the consumer shall inform Art Works (robertkupisz.com online Store, Art Works Sp. z o.o., ul. Cybernetyki 19 Bud. A, 3 floor, 02-677 Warszawa, e-mail: bok@ robertkupisz.com, tel. + 48 786 100 123, about the decision on withdrawal by unequivocal declaration (e.g. by means of a letter sent by mail, fax or e-mail).
4. The consumer may use the template of the form of withdrawal from the agreement; however, it is not mandatory.
5. To meet the deadline for withdrawal from the agreement, the consumer should send to Art Works the information on exercising the consumer’s right to withdraw from the agreement prior to the expiry of the deadline for the withdrawal from the agreement.
6. In the event of withdrawal from the agreement, Art Works shall refund to the consumer all payments received, including the costs of delivery of the item (with the exception of additional costs resulting from the way of delivery selected by the consumer other than the cheapest way of delivery offered by Art Works), immediately and in any case not later than within 30 days from the date on which Art Works was informed by the consumer about the consumer's decision on the withdrawal from the agreement. The payments shall be refunded using the same methods of payment which were used by the consumer in the original transaction, unless the consumer has agreed clearly to another solution. In any case, the consumer shall not bear any fees in connection with such refund.
7. Art Works may withhold the payment refund until the receipt of the return of the item or the time of delivery of the proof of sending it by the consumer, depending on which occurs earlier.
8. In the event of withdrawal from the agreement, the consumer shall send back or deliver the item to Art Works to the address specified in section 3, immediately and at any time not later than 30 days from the date on which the consumer informed Art Works on the withdrawal from the agreement. The deadline is met if the consumer sends the item back prior to the expiry of the 30-day deadline.
9. The consumer shall bear direct costs of the item return.
10. The consumer is responsible only for the reduction of the item's value arising from using it in a manner other than it was necessary to ascertain the nature, features and functioning of the item.

VIII  Information on Services Provided Electronically

1. The Administrator shall provide the Customers with the following services electronically:
a. enabling on-line conclusion of agreement for sale of goods in the Store in accordance with these Terms and Conditions,
b. possibility of creating Customer’s accounts in the Store,
c. transmitting the ordered commercial information concerning the goods.
2. The Customer is entitled to withdraw from the agreement for sale of goods in accordance with the relevant law and following the principles specified in these Terms and Conditions. In addition, the Customer is entitled at any time to demand the provision of the services specified in point 1 sub-points b) and c) above be ceased by the Store.
3. The technical conditions of the provisions of electronic services by the Store are as follows:
a. Internet access,
b. using the web browser enabling editing of hypertext documents (such as: Internet Explorer, FireFox, Chrome, Safari),
c. e-mail account.
4. Complaints concerning the services provided by the Administrator electronically may be submitted by sending the complaint to the e-mail address: bok@robertkupisz.com or by means of the contact form available in the Store. The Customer's complaint should include the designation of the recipient of the service and a brief description of the complaint. The Store shall use all reasonable efforts to examine the submitted complaints as soon as reasonably practicable, however, not later than 14 days from the date of receipt of the Complaint by the Store. The Customer shall be notified about how the complaint will be examined by phone or by a message sent to the e-mail address indicated by the Customer.
5. Depending on the settings of the Customer’s web browser, Art Works Sp. z o.o. may introduce to the ICT system used by the Customer, cookie files which do not form part of the contents of the services provided by the Store, and which allow later identification of the Customer entering the Store websites and are used by the Store in order to facilitate the use of the Store by the Customer, as well as in order to monitor the operations of the Customers on the Store websites. The Customer may, at any time, disable the possibility to use cookies by the Store through appropriate settings on the Internet browser.
6. The Administrator informs that it makes every effort in order to ensure the maximum safety for the Store users. However, the Administrator informs that the particular risk associated with the use of the Store, like in case of any other websites, is a potential risk of obtaining unauthorized access to the Store by third parties (the so-called hacking), which may cause unexpected change of the operation of the Store.

IX  Personal Data

1. The personal data of the Customers provided during the registration in the Store are processed by Art Works Sp. z o.o. exclusively in order to perform the orders and use the Store’s services, and they may be also be processed for marketing purposes provided that the Customer agrees thereto in a separate declaration. The Customer shall have the right to complete, update and correct the personal data, temporary or to permanently withhold the permit for their processing or to demand their removal. The data are provided voluntarily.
2. Where delivery by courier shipment is selected, the personal data of the Customers shall be entrusted to the DHL Express (Poland) Sp. z o.o. and DHL Parcel Polska Sp. z o.o., in order to provide the services by the DHL Express (Poland) Sp. z o.o. and DHL Parcel Polska Sp. z o.o.

X  Final Provisions

1. Failure to accept the provisions of these Terms and Conditions prevents the purchase of the goods offered by the Store. The Store shall enable the Customer to read the Terms and Conditions when placing the order.
2. Polish law shall apply to agreement for sale of goods in the Store.
3. Matters not regulated in these Terms and Conditions shall be governed by the provisions of the Civil Code or the provisions of other legal acts applicable to the operation and functioning of the Store.
4. The court competent to settle disputes is the court of jurisdiction competent according to the applicable law.
5. Only to the extent permitted by the law, Art Works Sp. z o.o. reserves the right to make changes to the Terms and Conditions, in particular resulting from a change in the applicable law affecting the provisions of the Terms and Conditions. Changes to the Terms and Conditions become effective within 14 days from the date of the publication thereof on the Store website. Changes to the Terms and Conditions shall apply to the orders placed after the relevant change to these Terms and Conditions. The Customers who own a Store account shall be informed about the change to the Terms and Conditions via e-mail correspondence. The Customer who does not accept changes introduced to the Terms and Conditions shall have the right to delete the account at any time.
6. All trademarks and the company names presented in the Store are property of their legal owners.

XI PROMOTIONS

1. Promotion code for signing up to the Newsletter
1.1 Code value is 5%.
1.2 The code is valid for 30 days and it is a one-time purchase at robertkupisz.com and all stationary QПШ Robert Kupisz boutiques.
1.3 The code applies to full-price items only.
1.4 The promotion code does not work for other promotions. In case of two promotional codes in the online boutique, the system will calculate a discount which is more advantageous for the customer.
1.5 The promotion code cannot be used while purchasing gift cards.

2. AUTUMN SALE
2.1. The promotional code from the Autumn Sale cannot be combined with the discount from the Loyalty Programme and other promotional codes.

3. SAMPLE SALE

3.1 SAMPLE SALE is a unique promotional campaign. The products included in the SAMPLE SALE promotion are products that took part in photo sessions, shows, were presented in showrooms, prototypes of models, including those that were not mass-sold, as well as archival models and ends of collections.

3.2 The promotion is valid from May 10, 2023 from 00:00 and will last until the end of June 11, 2023 online on the brand's website: robertkupisz.com and on May 10-15, 2023 in the Organizer's stationary boutiques, ul. Mokotowska 48 (00-543 Warsaw) Stary Browar in Poznań (61-888 Poznań), CH Klif in Gdynia (81-525 Gdynia).

3.3 The SAMPLE SALE offer cannot be combined with the regular customer discount and other promotions.

3.4 Due to the nature of SAMPLE SALE, products purchased in brick-and-mortar boutiques cannot be returned or exchanged.

3.5 All online purchases have a 14-day return period.

3.6 The purchased goods are entitled to a complaint, excluding any product defects existing at the time of purchase, and resulting from the specificity of the products offered in the "Sample Sale" promotion.

 

4. -20% off on the FOREVER collection.

4.1 MOTHER'S DAY AND CHILDREN'S DAY PROMOTION -20% discount on the FOREVER and KIDS FOREVER collections. The promotional code cannot be combined with the Regular Customer discount and other discounts (sale-50%). Our discount system always chooses a discount that is more favorable to the customer.

4.2 The promotion is valid from 19.05-28.05 for the FOREVER collection and on 26.05-04.06. for the KIDS FOREVER collection. The offer is addressed to people shopping in stationary boutiques and online on the brand's website: robertkupisz.com