Regulations of the Online Store figuratti.pl and figuratti.eu

§1 Introduction

These regulations (hereinafter referred to as the “Regulations”) define the principles of operation of the online store figuratti.pl or figuratti.eu. Sales in the online store figuratti.pl or figuratti.eu are carried out in accordance with the provisions of the Regulations and the provisions of Polish law. These Regulations are published on the website figuratti.pl or figuratti.eu.

§2 Definitions of expressions used in the Regulations

“Figuratti” or “Seller” – Figuratti sp. z o.o., with its registered office in Warsaw, ul. Suflerska 6, Warsaw, 04-471 Warsaw entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000923100, REGON: 52000880300000, NIP: 9522220610;
“Warehouse ” – warehouse located in Warsaw, ul. Suflerska 6, 04-471 Warsaw, where customer orders are completed, as well as handling returns and complaints;
“Customer ” – a natural person, a legal person or an organizational unit that is not a legal person, to which legal capacity is specifically granted by law, who places an Order from the Store;
“Consumer ” – a natural person within the meaning of Art. 221 of the Civil Code, i.e. A customer who places an Order for a purpose not directly related to his/her business or professional activity, as well as a natural person who places an Order directly related to his/her business activity, when it follows from the content of the contract that the above. the activity is not of a professional nature for that person arising in particular from the subject of the business activity performed, made available on the basis of the provisions on the Central Register and Information on Business Activity;
“Entrepreneur ” – a natural person, a legal person or an organizational unit without legal personality, conducting a business or professional activity on its own behalf, pursuant to Art. 431 of the Civil Code, who places an Order for a purpose related to his business or professional activity;
“Privacy Policy ” – Figuratti’s privacy policy available at: figuratti.eu/privacy-policy/ “Civil Code ” – an act of April 23, 1964 Civil Code;
“Store” or “Online Store” – an online store together with an information portal available at: figuratti.pl or figuratti.eu, through which the Customer may, in particular, place Orders;
“Website ” – the website of the Store available at: figuratti.pl or figuratti.eu ;
“Goods” (or in the singular number “Goods”) – products presented and sold in the Store; i.e. furniture prepared to the individual order of the Customer, not prefabricated, manufactured according to the specifications of the Customer and serving to meet the customer’s individualized needs; or products that are available in the Store and which were prepared with no individual order.
“Agreement” or “Sales Agreement” – an agreement for the sale of Goods within the meaning of the Civil Code, entered into by Figuratti and the Customer, concluded with the use of the Store;
“ Legal notice” – legal notice available at: figuratti.eu/legal-notice/
“Consumer Protection Act ”– an act of May 30, 2014 on consumer rights;
“Act on Rendering Electronic Services ” – an of July 18, 2002 on rendering electronic services;
“Personal Data Protection Act” – an act of May 10, 2018 on data protection;
“Copyright Act” – an act of 4 February 1994 on copyright and neighbouring rights;
“Registration ” – means the factual act performed by the Customer in the manner specified in the Regulations, required for the purchase of Goods by the Customer in the Store;
“Customer Account” – an account at: figuratti.pl or figuratti.eu created after the Customer has registered;
“Guarantee Card” – Figuratti Guarantee Card, the content of which is available at: figuratti.eu/guarantee-card;
“Password” – a password that allows the Customer to log in to the Customer Account;
“RODO ” – Regulation 2016/679 of the European Parliament and the EU Council of April 27, 2016 on the protection of individuals with regard to processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC;
“Order ” – a declaration of the Customer’s will aimed directly at concluding the Sales Agreement, specifying in particular the type and number of Goods;

§3 General Provisions

Figuratti Design sp. z o.o., with its registered office in Warsaw, operates an Online Store, available at figuratti.pl or figuratti.eu, and offers Goods in this Store.
Through the Figuratti Store, Figuratti offers for sale movable objects in the form of furniture prepared to the individual order of the customer, not prefabricated, manufactured to the customer’s specifications and serving to meet the customer’s individualized needs. All offered Goods are brand new. Figuratti may also offer Customers Goods that are available in the Store and that were prepared with no individual order.
The Online Store’s offer includes Goods the configuration of which can be made on the Store’s Website. Each Product after configuration is given a unit price.
The purpose of running the Store is to enable Customers to get acquainted with the Goods offered by the Seller, including the possibility of their individual configuration, to check prices and availability, and to conclude Sales Agreements.
All rights to the Online Store, including property copyrights, intellectual property rights to the Store’s name, its Internet domain, the Website, as well as to the templates, forms, logos posted on the Website, are owned by the Seller, and their use may be made only in the manner specified and in accordance with the Regulations, Legal Notice and upon the Seller’s written consent.
All designations of the Goods and their names are used for identification purposes, they are the property of Figuratti and may be registered trademarks for which protection rights have been granted to the authorized persons.
The Sales Agreement between the Customer and Figuratti shall be concluded in accordance with Polish law and in the Polish language.
Goods are delivered via courier service or collected personally at Figuratti’s headquarters.
The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the risks indicated above. In particular, they should use antivirus and identity protection programs for Internet users. The Seller shall never ask the Customer to disclose the Password in any form.

§4 Rules for using the Store

The use of the Store and visiting the Store’s Website is voluntary.
The information contained on the Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude the Sales Agreement.
Conclusion of the Sales Agreement for Goods on the Store’s website can be effected in two ways:
1. by previously creating an account and registering the Customer on the Store’s website
2. by making a purchase without prior registration.
The Customer shall read the Regulations, the Legal Notice, Privacy Policy as well as the content of the Guarantee Card before concluding the Sales Agreement and before completing the registration form.
In the event that the Customer chooses the option of purchasing Goods by creating an account and registering the Customer on the website of the Store, the Customer should perform registration activities consisting of completing and accepting the registration form provided on the website of the Store.
As a condition of registration, the Customer must provide personal data marked as mandatory and submit a statement that the Customer is familiar with and accepts the provisions of the Regulations, Legal Notice and Privacy Policy.
In the event that the Customer decides to make a purchase without prior Registration, the Customer will be required to fill in the relevant form with his/her data in the course of the order process, as well as to declare that the Customer is familiar with and accepts the provisions of the Regulations, Legal Notice, Privacy Policy and the content of the Guarantee Card.
In particular, the Customer shall be obliged:
1. to use of the Store in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Regulations, Legal Notice as well as with the general rules of Internet use;
2. not to provide or transmit content of an unlawful nature, such as content that promotes violence, defames or violates the personal rights and other rights of third parties;
3. to use the Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices;
4. to use the Store in a manner which is not burdensome for other Customers and the Seller.

§5 Procedure for concluding the Sales Agreement

In order to conclude the Sales Agreement through the Store, the Customer should go to the website figuratti.pl or figuratti.eu, select furniture, make their configuration, including the choice of colours, details, material and quantity, taking subsequent technical actions based on the messages displayed to the Customer and information available on the website figuratti.pl or figuratti.eu.
The Customer placing an order via the Website, completes the order by selecting the Goods he/she is interested in. The Customer selects the ordered Goods by adding them to the shopping cart.
During the placement of the Order – until the button “PROCEED TO PAY” is pressed – the Customer may modify the data entered and change the selection of the Goods. In order to do so, it is necessary to follow the messages displayed to the Customer and the information available on the Website.
The Customer placing an order via the Store’s Website, completes the order by selecting the Goods he/she is interested in. The Goods are added to the order by selecting the “ADD TO CART” option under the given Goods presented on the Store’s Website. After completing the entire order and indicating the delivery method and the form of payment in the “CART”, the Customer places the order by sending the order form to the Seller by selecting the “BUY AND PAY” option on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the chosen Goods and delivery, as well as all additional costs the Customer is obliged to pay in connection with the Sales Agreement.
In order to send an Order, it is necessary to provide personal data marked as mandatory, to declare acceptance of these Regulations, the Legal Notice, the Privacy Policy and the content of the Guarantee Card and to press the “BUY AND PAY” button.
The Customer’s sending of the Order constitutes a declaration of will to conclude the Sales Agreement for Goods with Figuratti sp. z o.o. with its registered office in Warsaw in accordance with the content of the Regulations and Legal Notice.
The Sales Contract shall be considered to be concluded from the moment the Seller receives the Order placed by the Customer.
Once the Order has been placed, the Customer receives an email titled “We received your order!” containing a final confirmation of all important elements of the Order.
The Sales Agreement shall be concluded in the Polish language, with the content in accordance with the Regulations and Legal Notice.
In the event of custom-made Goods, the Customer has no right to withdraw from the Sales Agreement under the provisions of the Act on Consumer Rights. Information about the lack of the possibility to withdraw from the Sales Agreement under the provisions of the Act on Consumer Rights will be displayed on the card of the individual Goods as well as when placing the Order.
In the event of an Order of Goods which are available in the Store and which have been prepared without an individual order, each Customer who is a Consumer shall have the right to withdraw from the concluded Sales Agreement of Goods without giving any reason, pursuant to the provisions of the Act on Consumer Rights. The provisions concerning the Consumer contained in this paragraph shall apply to a natural person concluding an agreement directly related to his/her business activity, when it results from the content of the agreement that it does not have a professional character for that person, specifically resulting from the subject matter of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. For more information on the right of withdrawal from the agreement, see “Withdrawal from the agreement”.

§6 Payments

Prices of the Goods are given in Polish zloty. Prices do not include VAT on goods and services at the rate specified by separate regulations. The price of the Goods does not include the shipping and delivery costs of the Goods to the Customer, which will be added to the sale price of the Goods, unless the Customer chooses to collect the Goods in person or Figuratti will provide free delivery. The shipping quote appears in the order summary after entering the customer’s data and detailed delivery location.
The price quoted next to the Goods is binding upon the Customer’s placement of the Order and will not be changed until the Order has been executed.
The prices of the Goods quoted in the Online Store apply only to the offer of the Online Store and are valid only for the online offer.
Figuratti reserves the right to change prices of the Goods on offer, introduce new Goods to the offer of the Online Store, remove Goods from the offer of the Online Store, conduct and cancel promotional campaigns on the Online Store website or introduce changes thereto, including amendments to the Regulations. These changes will not apply to Orders placed before their introduction.
The following payment methods are available in the Store:
- by bank transfer to Figuratti’s account at mBank S.A. , number:
  - 34 1140 2004 0000 3902 8173 5422 for payments in Polish zlotys (PLN);
  - 75 1140 2004 0000 3512 1455 7690 for payments in Euro (EUR);
  - 31 1140 2004 0000 3112 1455 7708 for payments in Pound Sterling (GBP);
- online payment through the Przelewy 24 service;
- online payment through the UAB ZEN.COM service;
- payment by payment cards:
  - Visa;
  - Electron;
  - Mastercard;
  - Mastercard Electronic;
  - Maestro;

When using the above-mentioned forms of payment, the Customer shall not incur any additional costs, with the exception of the costs imposed by the businesses through which the payment is made, specifically banks.

The moment of payment is considered to be:
1. in the case of payment by bank transfer – the moment the funds are credited to the Seller’s bank account;
2. in the case of online payment through the Przelewy 24 service – a positive result of payment authorization in the case of online payment through the Przelewy 24 service;
3. in the case of online payment via UAB ZEN.COM – a positive payment authorization result in the case of online payment via Zen.

The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not incur any costs for the Customer.

§7 Order completion

The expected delivery time of the order is counted in working days from the moment of payment crediting.
The Seller shall have the right to withdraw from the Agreement concluded with the Customer who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
The order will be completed after the Goods have been prepared on the basis of the configuration made by the Seller. The Goods are made to the Customer’s individual order, therefore the execution date of the Order depends on the time needed to produce the Goods according to the Customer’s specifications and will be specified on the individual Goods card.
Each completed Order shall be documented by Figuratti with an appropriate accounting document. The Customer, when making a purchase, shall receive a VAT Invoice.
The VAT invoice shall be issued after the Customer has paid the entire amount due for the execution of the Order.

§8 Delivery

Delivery of the Goods takes place at the address indicated by the Customer when placing the Order.
The delivery of the ordered Goods shall take place in the manner chosen by the Customer:
1. via courier service to the address indicated in the Order (delivery to the first obstacle encountered);
2. via a transportation company cooperating with Figuratti;
3. Customer’s personal collection from the Figuratti pickup point.

Delivery costs depend on the type and weight of the Goods and the place of delivery and will be indicated at the time of placing the Order.
Delivery costs for delivery via a transport company include bringing the Goods to the first floor of the building.
The delivery period is listed on the card of each Goods with the realization and varies depending on the type of Goods and their weight.
Figuratti shall not be liable for damages caused by inaccuracies (including mistakes) made by the Ordering Party in the Order form, as a result of which the consignment does not reach the addressee, or for unjustified refusal to accept the consignment. Specifically, Figuratti shall not be liable for non-delivery of the Goods in the event that the address data provided by the Customer is incorrect or incomplete. Re-delivery of the ordered Goods after receipt of the return shipment by the Seller shall be possible after re-payment for the shipment and payment of the costs associated with the delivery of the return shipment. The same applies in case the Customer does not receive the consignment on time and it is sent back.

§9 Receipt of the Order

The receipt of the Order by the Customer must be confirmed in writing on the delivery document.
Written acknowledgement of receipt of the Goods and their delivery shall transfer to the Customer ownership of the Goods and all risks of possession and use, specifically risks of loss of or damage to the Goods.
Upon acceptance of the Order, the Entrepreneur shall be obliged to inspect the delivery for quantity compliance with the Order and to inspect the Goods for any mechanical damage caused during transport under pain of loss of rights under the warranty for physical defects, unless the defect was of such a kind that it was impossible to detect it at the time. The Entrepreneur shall be obliged to carry out a qualitative and quantitative inspection in the presence of the person delivering the Order.

§10 Guarantee and warranty

Figuratti is both the seller and the manufacturer of the Goods. Figuratti shall be liable to the Customers under guarantee for physical defects of the purchased Goods pursuant to the terms of Articles 556 – 576 of the Civil Code and as the manufacturer offers its Customers a guarantee for the Goods sold under the terms and for the period indicated in the Guarantee Card.
The Figuratti company shall not be obliged to provide the Customer with a replacement product for the duration of the guarantee repair of the Goods.
The course of the claim procedure depends on the Customer’s choice of the legal basis for the claims asserted: manufacturer’s guarantee or seller’s warranty for defects.
The Customer’s choice of a manufacturer’s guarantee shall result in Figuratti’s consideration and execution of the complaint within the timeframe and in accordance with the terms and conditions included in the Guarantee Card enclosed by Figuratti with the Goods, the content of which was accepted by the Customer when placing an Order.
Figuratti shall be liable for non-performance or undue performance of the Sales Agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, Figuratti shall only be liable in the event of intentional damage and within the limits of the actual losses incurred by the Customer being an Entrepreneur. Figuratti shall be liable to the Customer being a Consumer for the Goods sold if the defect is found within a period of 2 years after delivery.
Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be addressed to the following e-mail address: guarantee@figuratti.eu Figuratti sp. z o.o. undertakes to consider any complaint on the grounds of warranty for goods sold within a reasonable time, however, in the case of consideration of a complaint submitted by a Customer being a consumer, the time limit cannot exceed 14 days. Figuratti sp. z o.o. shall respond to the complaint (whether the complaint is accepted or not) in writing or electronically.
In the event that the legitimacy of the complaint is not recognised, the Customer shall be informed of the Seller’s position within the time limit indicated in point 5 above with a justification of the decision. Lack of information within 14 days to the Customer being a consumer, shall mean recognition of the complaint and its implementation.
In the event of a quantitative or qualitative complaint, it is recommended to immediately draw up a damage protocol in the presence of the person delivering the Order.

§11 Complaints related to the provision of electronic services

Figuratti undertakes to ensure the fully proper operation of the Store, to the extent of its current technical knowledge, and undertakes to rectify within a reasonable period of time any irregularities reported by the Clients.
The Customer shall immediately notify Figuratti of any irregularities or interruptions in the functioning of the Store service.
Any irregularities related to the functioning of the Store should be reported by the Customer by e-mail to Figuratti’s e-mail address: shop@figuratti.eu
In the complaint, the Customer should provide his/her name, mailing address, type and date of the irregularity related to the functioning of the Store.
Figuratti undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.

§12 Protection of personal data

The use of the Store, including placing Orders involves the processing of personal data. Detailed rules for the processing of personal data are described by the Seller in the Privacy Policy available at: figuratti.eu/privacy-policy/.
The personal data provided shall be processed by Figuratti for the purposes and under the conditions set forth in accordance with Figuratti’s Privacy Policy available at: figuratti.eu/politics-privacy, in particular, for the purpose of entering into, amending, duly executing and terminating the Sales Agreement and performing activities related to its settlement. The Seller shall ensure that customers exercise their rights under the RODO and the Personal Data Protection Act.
The Seller is the administrator of Customers’ personal data processed in the Store in connection with the implementation of the provisions of these Regulations and provided to the Seller voluntarily as part of the Registration, submission of a one-time order and as part of the provision of electronic services by the Seller or under other circumstances specified in the Regulations.
Figuratti processes Customers’ personal data for the purpose of processing orders, providing electronic services by the Seller and other purposes specified in the Regulations. Personal data collected by the Seller shall be processed only on the basis of applicable laws or the consent given by the Customer in accordance with applicable laws.
Use of the Store, including making purchases, is voluntary. The Customer provides his/her personal data to the Seller voluntarily, with the reservation, however, that failure to provide certain data during the Registration process prevents Registration and prevents the placement and execution of the Customer’s Order, in the case of placing an order without Registration.
Anyone who provides the Seller with their personal data has the right to access the content of their personal data and the right to rectification, deletion (the right to be forgotten), restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the legality of the processing carried out on the basis of consent before its withdrawal.
The Seller shall ensure the possibility of deleting personal data from the stored collection, specifically in the case of deleting the Customer’s Account. The Seller may refuse to remove personal data if the Customer has not paid all amounts due to the Seller or has violated applicable laws, and the retention of personal data is necessary to clarify these circumstances and determine the liability of the Customer.
The Seller shall protect the personal data submitted and shall make every effort to protect them from unauthorised access or use by unauthorised persons.
The Seller shall transfer the Customer’s personal data to the Supplier to the extent necessary to carry out the Delivery.
Additional explanations regarding the protection of personal data are contained in the Privacy Policy available in the Store at figuratti.eu/privacy-policy/.
The Privacy Policy primarily contains rules on the processing of personal data by the Seller in the Store, including the grounds, purposes and scope of personal data collected, security measures applied by the Seller, as well as information on the use of cookies by the Store and the collection of IP addresses.
Any correspondence in any matters related to the processing of personal data by the Seller should be addressed to: help@figuratti.eu with the annotation “Personal Data”.

§13 No copying of the Goods or use of Figuratti know-how

The Seller is the owner of this Online Store and the manufacturer of the Goods.

Know – how related to the production of the Goods, architectural and technical projects of the Goods, design of the Goods, packaging of the Goods, industrial designs of the Goods, trademarks, patents, trade secrets of the Seller are the property of the Seller and are protected by the law, including copyright, other intellectual property rights or proprietary rights. The Seller reserves all rights to the Goods and their image. By concluding the Agreement, the Seller does not grant the Customer the right to copy or reproduce the Goods.

The Customer shall not have the right to copy, reproduce, distribute, create derivative works or use the Goods in any similar manner.
Each architectural and technical project of the Goods constitutes a Work within the meaning of the Copyright Act and is subject to legal protection under this Act.
The Customer shall not be entitled to use for its own purposes, copy, reproduce, publish, distribute, transmit, display, exhibit, edit, modify, create derivative works or exploit in any similar manner any part of the architectural or technical project of the Goods.
The Customer shall not be entitled to produce on its own, through affiliates or through third parties, goods similar to the Goods, specifically goods whose production would be based on Figuratti’s know-how, copying Figuratti’s designs, solutions, technique, design, etc.
For infringement of the provisions set out in § 13. paragraphs 2, 4 and 5 above, the Customer not being a Consumer or the Customer consciously and wilfully infringing § 13. paragraphs 2, 4 and 5 for profit with the intention of directly deriving a financial benefit from it at Figuratti’s expense, shall be obliged to pay Figuratti a contractual penalty of PLN 950,000.00 (in words: nine hundred and fifty thousand) for each infringement.
Notwithstanding the contractual penalty indicated in § 13. paragraph 6 above, Figuratti may claim supplementary damages up to the amount of the damage suffered.

§14 Technical conditions

In order to use the services provided under these Regulations, the Customer should have:
web browser:
- Chrome in the latest version and 4 versions backwards;
- Mozilla Firefox in the latest version and 4 versions backwards;
- Opera in the latest version and 4 versions back;
- Safari in the latest version and 4 versions back;
active e-mail address;
active connection to the Internet.
In order to maintain security while using the site, the Customer agrees to use the site and the Internet in a secure manner:
- connecting to the Internet through a trusted connection;
- avoiding the use of publicly accessible devices and unsecured networks;
- use of software from trusted sources;
- use of up-to-date software versions;
- use of anti-virus software.

§15 Final provisions

Customers may access these Regulations at any time through the link provided on the home page of figuratti.pl or figuratti.eu.
The content of these Regulations may be recorded by printing, saving to a carrier or downloading at any time from the website figuratti.pl or figuratti.eu.
The Seller may amend the Regulations. Amendments to the Regulations shall become effective within an appropriate time limit indicated by the Seller, counted from the date the new version of the Regulations is made available, with the reservation that Sales Agreements concluded prior to the effective date of the amendments shall be performed in accordance with the existing terms and conditions. If any provision of these Regulations is found by a final court decision to be invalid, the remaining provisions shall remain in force.
These Regulations and any disputes or complaints arising in connection with the operation of the Store or related to it (including court cases) shall be resolved and interpreted in accordance with Polish law.
Any disputes arising between Figuratti and the Customer shall be settled by the courts with jurisdiction over the Customer if the Customer is a Consumer and the courts with jurisdiction over the Śródmieście District of the City of Warsaw if the Customer is an Entrepreneur.