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Terms and Conditions

1. Definitions

1.1 Regulations - these Regulations, specifying the rules for concluding distance sales contracts via the Online Store, the rules for the performance of these contracts, the rights, and obligations of the parties to the Distance Selling Agreement, and the rules for complaint proceedings. In terms of services provided electronically, the Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.

1.2 Client - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which concludes a Distance Sale Agreement with the Seller.

1.3 Consumer - a consumer within the meaning of art. 22 1 of the Civil Code. According to the statutory definition: a consumer is a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.

1.4 A natural person running a sole proprietorship who purchases a non-professional nature - a natural person concluding a Distance Selling Agreement directly related to his business activity, when the content of this agreement shows that he does not have a professional character for this person, resulting in particular from the subject of the performed business activity, made available based on the provisions on the Central Register and Information on Economic Activity, the law of which grants the right to withdraw from the contract on the terms granted to Consumers, to apply the provisions on prohibited clauses used in contract templates and on liability for warranty for defects sold item.

1.5 Seller - RGB MARKETING Ltd., tel. +48 603 663 326, sklep@dogitary.pl, NIP 8952094716, REGON 365460150. 1.6. Address of the Seller's seat - ul. Mahoniowa 2, 55-080 Smolec.

1.7 Online Store - a website run by the Seller, available at the following e-mail addresses: shop@4guitar.art, through which the Customer can obtain information about the Goods and their availability, and purchase the Goods or order the provision of a service.

1.8 Distance sales contract - a contract for the sale of Goods/provision of services/delivery of digital content (if applicable), concluded via the Online Store.

1.9 Goods - a movable item that the Customer may purchase in the Online Store.

1.10 Privacy and cookies policy of the Online Store - a document setting out detailed rules for the processing of personal data and the use of cookies. The privacy and cookies policy is Annex 3 to the Regulations and is available at https://4guitar.art/en/privacy-and-cookie-notice.html.

1.11 Durable medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used and which allows the stored information to be restored unchanged, in a particular e-mail.

1.12 Electronic order form - an electronic ordering procedure made available by the Seller to the Buyer.

1.13 Electronic return form - an electronic procedure for making returns provided by the Seller to the Buyer; available at https://4guitar.art/en/returns-and_replacements.html

1.14 Electronic complaint form - an electronic complaint procedure provided by the Seller to the Buyer; available at https://4guitar.art/en/rma-open.html

1.15 Sending the order - confirming the order by clicking the "Order with obligation to pay" button by the Customer, treated as the submission by the Customer of a binding declaration of will to conclude a Distance Sale Agreement with the Seller.

1.16 Account - a set of data stored in the Online Store and in the Seller's IT system regarding a given Customer and orders placed by him and concluded Distance Sale Agreements, with the use of which the Customer may place orders, and in due time - cancel or edit and conclude Sales Agreements distance.

1.17 Evaluation of the order service and Evaluation of individual goods - subjective statements and ratings awarded by the Customer in the form of stars from 1 to 5 for the Online Store after the Order has been completed.

 

2. General provisions

2.1 Types and scope of services provided electronically:

2.1.1 concluding Online Sales Agreements - for Goods sold in the Online Store,

2.1.2 the rules for registering and using the Account as part of the Online Store,

2.1.3 adding opinions, comments, and ratings - the customer can add an opinion or comment to his order,

2.1.4 sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for execution.

2.2 K. using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

2.2.1 web browsers, i.e. Firefox, Chrome, Internet Explorer in the current version,

2.2.2 any program from viewing files in PDF format.

2.3 The content of the Online Store, including descriptions of Goods and prices, is an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. They are binding - to conclude a specific contract - only when the Customer sends the order, which takes place by clicking the "Order with payment obligation" button.

2.4 The Seller provides these Regulations together with the Appendices via a link on the main page before concluding the Distance Sale Agreement, during it, and after its completion. The buyer can download it and print it out.

2.5 To ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.

 

3. Orders

3.1. Placing an order in the Online Store can be made via the Account or select the option to purchase without registration.

3.2 The purchase is made by completing the Electronic Order Form available on the Online Store website. The selection of the ordered goods is made by adding them to the basket. The electronic order form specifies, among others what Goods, at what price, and in what quantities the Customer wants to order to the location indicated by him. The customer takes appropriate technical steps based on the displayed messages.

3.3 After the Customer has provided all the necessary data, a summary of the order placed will be displayed. The order summary will contain information on the Seller's identification data, subject of the order, unit, and total price of the ordered Goods, including delivery costs and other, if any, selected payment method, selected delivery method, time, and delivery costs.

3.4 If the subject of the contract is the delivery of digital content that is not stored on a tangible medium or services provided electronically or remotely - the Consumer in an additional box required to place an order and located on the Electronic Order Form agrees: "I consent to the delivery digital content that is not recorded on a tangible medium or for the commencement of the service before the expiry of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract ". The seller will confirm the receipt of the above-mentioned consent by e-mail.

3.5 To place an order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the content of the Regulations, send the order by pressing the "Order with payment obligation" button.

3.5.1 Sending the Electronic Order Form by the Customer is a binding declaration of will to conclude a Distance Sale Agreement, by the content of these Regulations.

3.5.2 The distance sales contract is treated as concluded at the time of acceptance by the Seller of the Electronic Order Form, which is confirmed by displaying to the Buyer a message confirming the acceptance of the order and providing its number.

3.5.3 After concluding the Distance Selling Agreement, the Customer receives an e-mail confirmation of the order containing: confirmation of the order and containing the final confirmation of all essential elements of the Order and the general conditions of the concluded Distance Selling Agreement (Regulations of the Online Store with Appendices No. 1 and 2), the Seller's data, the Seller's liability for the quality of the service, the services provided by the Seller after the sale, and the method and consequences of withdrawing from the contract. Information on the method and consequences of withdrawing from the contract is included in Appendix 2.

3.5.4 Until the Seller starts the execution of the order:

3.5.4.1 The Customer may change his order using the technical solution available on the Electronic Order Form website and by going through the entire ordering path again. The order is changed by submitting a new one, which replaces the one previously placed. Alternatively, the payment made by the Customer is settled towards the new order, and in the event of an overpayment, it is returned to the bank account from which the payment was made.

3.5.4.2 The Customer may cancel his order by selecting the "cancel order" option available on the Electronic Order Form page.

3.5.5 In pIf the Customer cancels the order, the Seller shall refund the payment received within 3 business days. The payment will be reimbursed using the same method of payment as used by the customer.

3.5.6 The duration of the Order is from 1 to 45 business days from the date of the contract.

 

4. Payment

4.1 The Online Store offers the option of making payments in the form of prepayments, cash on delivery, with payment to the account after delivery. The payment option with a deferred payment date is possible in situations individually agreed with the Seller.

4.2 Payment for the goods can be made in the manner selected at the time of placing the order on the Electronic Order Form.

4.3 Currently available payment methods in the form of prepayments in the Online Store are available at https://4guitar.art/en/payments.html.

 

5. Delivery

5.1 On the Electronic Order Form, the Customer selects the delivery method by marking the choice made. The Seller reserves the right to change the method of delivery chosen by the Customer at no additional cost to the Customer.

5.2 If the Customer fails to collect the Goods, which will result in the return of the Goods to the Seller - the Seller may withdraw from the sales contract. Withdrawal from the contract takes place by submitting a declaration to the Customer in the form of an e-mail.

5.3 In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the received payment for the Goods purchased by the Customer.

5.4 Currently available delivery methods in the Online Store are available at https://4guitar.art/en/delivery.html.

 

6. Withdrawal from the contract - electronic return form

6.1 The Buyer who is a Consumer who has concluded a Distance Sale Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Sale Agreement - the contract is considered void.

6.2 The right to withdraw from the contract on the terms set out in Chapters 6 and 7 of these Regulations is also available to a natural person running a sole proprietorship who purchases a non-professional.

6.3 The Seller will verify the right to submit a declaration of withdrawal from the Agreement by the person indicated in point 2. Verification is carried out by checking whether the concluded contract is not professional for this person - which is carried out in particular by analyzing the PKD codes indicated in the Central Register and Information on Economic Activity.

6.4 If it is considered that the purchase of the Goods made by a sole proprietor in the Online Store was professional - the Seller immediately, i.e. not later than within 3 working days from receiving the declaration of withdrawal - informs the person submitting the declaration that due to the professional the nature of the purchase made - there is no right to withdraw, and therefore the submitted declaration of withdrawal from the contract - has no legal effects. If together with the declaration of withdrawal from the contract, the Goods have been physically returned - the Goods will be sent back at the expense of the person submitting the statement and to the address data previously provided in the Order. The Seller's response will be given using the same method as used by the person submitting the statement.

6.5 In the event of withdrawal from the contract - the Consumer bears only the direct costs of returning the Goods.

6.6 The Consumer's statement must clearly express his will to withdraw from the contract, in particular, the Consumer may:

6.6.1 use the electronic return form available on the Online Store website: https://4guitar.art/en/returns-and_replacements.html. 2 withdraw from the contract by using the withdrawal form, which is Appendix 1 - by sending it to the address of the Seller's registered office.

6.6.3 The Seller shall immediately confirm, on a Durable Medium, the fact of receiving the declaration of withdrawal from the contract submitted in the manner indicated in items 1 and 2.

6.7 To meet the deadline, it is enough to send a statement before its expiry.

6.8 The period for withdrawal from the contract begins:

6.8.1 for a contract in performance, which the Seller issues the item, being obliged to transfer its ownership - from taking possession of the Goods by the Consumer or a third party designated by him, another carrier, and in the case of a contract which:

6.8.1.1 includes many items that are delivered separately, in batches or parts - from taking possession of the last item, batch or part; 6.8.1.2 consists of regular delivery of items for a specified period - from taking possession of the first item;

6.8.2 for other contracts - from the date of the contract.

6.9 The declaration of withdrawal form (Annex No. 1 to these Regulations) and information on the exercise of the right to withdraw from the contract (Annex No. 2 to these Regulations) are provided in the electronic form indicated in III point 5 point 3 of these Regulations.

6.10 Right to withdraw The distance from the Distance Sale Agreement does not apply to the contracts referred to in Art. 38 of the Act of 30/05/2014 (Journal of Laws of 2019, item 134) on consumer rights, incl. Make an appointment:

6.10.1 in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

6.10.2 for which the subject of the service is a non-prefabricated item, manufactured according to the Customer's specifications or serving to satisfy his individual needs; 6.10.3 for which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons if the packaging has been opened after delivery;

6.10.4 for which the subject of the service are sound or visual recordings or computer software delivered in a sealed package if the package has been opened after delivery;

6.10.5 for the delivery of digital content and electronic licenses that are not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;

6.10.6 which the subject of which is an item that deteriorates quickly or has a short shelf life, and where the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

6.10.7 for the delivery of newspapers, periodicals, or magazines, except a subscription agreement;

6.10.8 concluded through a public auction;

6.10.9 for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;

6.10.10 where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the entrepreneur has no control

 

7. Consequences of withdrawing from the contract of sale of goods

7.1 The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the Agreement for the sale of goods, will return to the Consumer all payments made by him, including delivery costs, corresponding to the cheapest method of delivery offered by the Seller.

7.1.1 The reimbursement will be made using the same payment method that was used by the Consumer.

7.1.2 If the Consumer, to exercise the right of withdrawal, uses the Electronic Return Form, the funds will be returned in the selected manner and to the bank account provided by the Consumer.

7.2 If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the goods back or until the Consumer provides proof of his return, whichever occurs first.

7.3 The Seller may offer the Consumer to pick up the item himself. However, if the Seller has not made such a proposal - the Consumer should return the item to the Seller (or a person authorized by the Seller to collect it) immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before their expiry. Goods that the Consumer returns should be sent to the address of the Seller.

7.4 The consumer is responsible for reducing the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

 

 

8. Complaints

8.1 The Seller is obliged to deliver the Goods free from physical and legal defects and is responsible to the Customer for physical and legal defects of the purchased Goods under the terms of the Civil Code.

8.2 If, after the ownership of the Goods has been transferred to the Buyer, the Buyer finds that the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller under the warranty for defects:

8.2.1 via the Electronic Complaint Form;

8.2.2 in writing to the address of the Seller's registered office or by e-mail to the address sklep@dogitary.pl.

8.2.3 The notification should specify the defect that the Buyer believes the goods have, claims against the Seller and, if possible, document the defect and provide proof of purchase of the Goods in the Online Store. The seller is obliged to respond to the complaint within 14 days from the date of its receipt. If he has not replied within the above-mentioned period, it is considered that he has accepted the complaint. The Seller shall provide the Buyer with a response to the complaint in writing or on a Durable Medium.

8.2.4 Steps to be taken by the Buyer to submit a complaint rations, including the method of delivering the advertised goods to the seller, are indicated at individual stages in the electronic complaint form. If the Buyer uses a method of submitting a complaint other than via the Electronic Complaint Form - the Seller will inform the Buyer about the further steps of the complaint procedure in a manner corresponding to the manner of the submitted complaint.

8.2.5 If the Seller recognizes the complaint as justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Goods, shall be borne by the Seller.

8.2.6 The Seller will verify whether the complaint submitted by a natural person running a sole proprietorship and making a non-professional purchase is non-professional for this person. The verification is carried out by analyzing the PKD codes indicated in the Central Register and Information on Economic Activity.

8.2.7 If, as a result of the complaint submitted by the Consumer, the dispute has not been resolved, the Seller shall provide the Consumer on a paper or other durable medium with a statement on:

8.2.7.1 the intention to apply for the initiation of proceedings for the out-of-court resolution of consumer disputes or consent to participate in such proceedings, or

8.2.7.2 refusal to participate in the out-of-court resolution of consumer disputes.

 

9. Opinions

9.1 Within a specified period after the completion of the Order, the Customer who has an Account - may be asked in an e-mail to add an Order Service Assessment and an assessment of individual goods. The evaluation of the order service and the evaluation of individual goods is voluntary and free of charge, and to do so, click on the link that takes you to a separate page. Within one order - the Customer has the option of adding the above-mentioned Ratings only once.

9.2 As part of the above-mentioned Ratings, the Customer may give a rating in the form of stars from 1 to 5 and add a verbal statement limited to 65,535 words. The above-mentioned Ratings are automatically signed with the Customer's name and city, which is indicated by the Customer when registering the Account.

9.3 Ratings are stored and presented publicly on the website of the Online Store, as well as on the websites of the Partners.

9.4 The Seller does not verify the content and does not control the Reviews about orders. The Buyer is solely and independently responsible for the statement made as part of the Assessments. The Seller is entitled to block the Ratings in whole or in part following the provisions of law and these Regulations.

9.5 It is unacceptable to post any content containing false, misleading, vulgar, aggressive, offensive, or considered to be contrary to morality. It is also unacceptable to post unlawful content that violates the rights of third parties or constitutes an act of unfair competition.

9.6 The customer undertakes not to post content that contains links to external websites, or promotional or advertising nature, or containing personal data of third parties. It is also forbidden to post unlawful content, in particular, that constitutes an act of unfair competition, etc.

9.7 The customer is responsible for the written and posted statements, in particular, is responsible for the violation of the rights or goods of third parties

9.8 At the express request of the Customer, the content of Ratings may be hidden from other users of the Store, but the awarded rating in the form of stars is included in the overall rating of the Store and the Goods.

 

10. Intellectual Property

10.1 The Customer declares that he is not entitled to any rights, including copyrights or related rights, to the Ratings and statements posted by him, except for the right to use the Online Store in the manner specified in the Regulations. The customer is not entitled to any recording, reproduction, sharing, publication, or dissemination of content unless such permission results from legal provisions or the Regulations.

10.2 The customer is not entitled to any interference in the content, in particular, is not entitled to interfere with the content, structure, form, graphics, mechanism of operation, or other elements of the Online Store.

10.3 By posting Reviews to the Online Store, which constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights - grants the Seller a non-exclusive, free and unlimited in time and territorial license to use these works by the Seller, along with the law to grant a sub-license to the Seller's Partners, which includes the public sharing of the work in such a way that everyone can have access to it at a place and time chosen by them (Internet). The license is granted for all exploitation fields known at the time of granting the license, in particular for the following field's operation:

10.3.1 in terms of recording and reproducing the work by any technique - in particular by printing, reprographic, magnetic or digital recording, i.e. using any techniques on any audiovisual or visual medium, in particular on audiovisual discs, CDs, computer discs, in the network multimedia, including internet and related online services, as well as multiplication, recording, use on the Internet, advertising, reproduction of electronic record in computer memory and internal and external networks

10.3.2 Using all or parts or any elements of the work with the possibility of modification resulting from the essence of a given online medium - in all publications, in particular online, digital, in newsletters and information, alone or combined with other works or fragments of works; using in whole or in part for promotion and advertising, in particular in the form of audiovisual, audio, media advertising.

10.3.3 in terms of trading in the original or copies on which the work has been recorded - marketing, lending, rental of the original or copies

10.3.4 in terms of disseminating the work in a manner other than specified above - public performance, exhibition, display, reproduction, broadcasting, and rebroadcasting, as well as making the work publicly available in such a way that everyone can access it at a place and time chosen by them.

10.3.5 use of works for promotional and marketing purposes;

10.4 Removal of the Account by the Customer or the Assessment following Chapter 9 point 8 does not affect the validity of the above license.

 

11. Final provisions

11.1 These Terms of Use are valid from 2021/01/21.

11.2 In the event of a change or cancellation of any of the provisions of these Regulations by a decision of a competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Customer.

11.3 The law applicable to any disputes related to the Regulations is the Polish law. These disputes will be settled by the locally competent common court. The Customer who is a Consumer may also use extrajudicial means of dealing with complaints and redress. Any information on extrajudicial methods of dealing with complaints and redress can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are voluntary and both parties must agree to them.

11.4 According to Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, we would like to inform you that at https://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a one-stop-shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.

 

12. Annex 1 - Information on the exercise of the right to withdraw from the contract

12.1 The right to withdraw from the contract on the following terms is also available to a person running a sole proprietorship who makes a non-professional purchase, i.e. resulting in particular from the subject of his business activity, made available based on the provisions on the Central Register and Information on Economic Activity. The right to withdraw from the contract on the following terms is entitled - Consumer You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days:

12.1.1 in the case of a sales contract, from the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;

12.1.2 in the case of a contract for the transfer of title to many items which are delivered separately from the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last item;

12.1.3 in the case of a contract requiring the transfer of title to items delivered in batches or parts, from the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece;

12.1.4 in the case of contracts for a regular delivery of goods for a specified period, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the first;

12.1.5 in the case of contracts for which exThe subject is the provision of services or digital content that is not delivered on a tangible medium - from the date of conclusion of the contract.

12.2 To exercise the right to withdraw from the contract, you must inform us, i.e .: RGB MARKETING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Mahoniowa 2, 55-080 Smolec, tel. +48 603 663 326, sklep@dogitary.pl of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail).

12.3 You may use the attached model withdrawal form, but it is not obligatory.

12.4 You can also complete the Electronic Return Form available on the Online Store website: https://4guitar.art/en/returns-open.html. If you use this option, we will immediately send you a confirmation of receipt of the information on withdrawal from the contract on a durable medium.

12.5 To keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

12.6 In the event of withdrawal from this contract, we will reimburse you all payments received from you, including delivery costs (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will reimburse the payment using the same payment methods that you used in the original transaction unless you have expressly agreed otherwise.

12.7 In the case of contracts obliging to transfer the ownership of goods, in which we have not offered to collect the goods in the event of withdrawal from the contract - we are to withhold the reimbursement until receipt of the goods or until proof of its return is provided to us, depending on which event occurs first.

12.8 Please send the returned item to the following address: RGB MARKETING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Mahoniowa 2, 55-080 Smolec, immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

12.9 Due to the weight and dimensions of the Goods, in the event of withdrawal from the contract - returning the Goods may involve higher costs than ordinary mail shipment. If you want to use the services of courier companies, it may be necessary to ship a package on a pallet, which is more expensive than ordinary mail.

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