RA0037~1

1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop www.artandcat.com. The Shop is operated by ART AND CAT SP. Z O.O, hereinafter referred to as the Seller.
2. These Terms and Conditions are always available at the website www.artandcat.com, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
3. The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop ART AND CAT.  Reading and accepting terms and condition for the online shop ART AND CAT  is considered as providing an information by Contractor to the Customer, which is mentioned in article 12 of Consumer Protection Act form 30th of May 2014 (Dz. U. from 2014 pos. 827), information required is included below.
4. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Internet Explorer – version 11 or newer, Firefox – version 28.0 or newer, Chrome – version 32 or newer, Opera – version 12.17 or newer, Safari – version 1.1. or newer, enabling cookies and JavaScript in the web browser.
5. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
6. The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”. The Agreement for the provision of the Newsletter service shall be concluded an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
7. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.
8. The offer contains a full and accurate description of the products, digital  content and/or services offered. The description is suitably detailed to enable  the Consumer to assess the products, or services and/or digital content adequately. The Products are presented in accordance with legal regulations and are as accurate as possible.

1. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
2. All the Goods available in the Online Shop are brand new, free of physical and legal defects. ART AND CAT SP. Z O.O. (ART AND CAT limited liability company) is both the seller and the producer.
3. Orders can be placed by Internet users, who have correctly filled in registration form which could be found in the Online Shop website. Orders can be placed also without registration form.
4. Registration form requires the following data: name, surname, shipping address, e-mail address, contact phone number. Improper filling of the Registration Form or providing incorrect data may cause the Contractor to withdraw from completing an Order. A lack of due diligence while filling in the form may cause the Client being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
5. To place an Order, an active electronic mail account is required. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
6. The sales Agreement shall be concluded in Polish, English as selected by the Customer, and its provisions shall correspond to the Terms and Conditions.
7. Order can be placed 24 hours a day, 7 days a week. Orders will be completed at maximum within 7 business days after the charge will be posted to Online Shop account as successful. However, ART AND CAT team will do everything possible to shorten shipping time to a minimum.
8. Online Shop will begin order completion after the Order is successfully placed and payment due for the Order and shipment is made.

V. Terms and conditions for the sale of Electronic Books and other digital content

1. Before buying product at the store, the customer should check whether the electronic devices on which he wants to open the file support the format in which it is saved. The seller does not guarantee that the product purchased will open on any electronic device that has this function .
2. The customer can order products twenty-four hours a day via the website artandcat.com .
3. Orders can be placed by Internet users, who have correctly filled in registration form which could be found in the Online Shop website. Orders can be placed also without registration form.
4. To place an order, the customer must:
   • choose a product using the “ADD TO THE CART” option,
   • choose the payment method for the order and make a payment.(see chapter VI ).

5. The order will be processed when Seller receives confirmation of payment. After receiving information about the payment made, Seller will send a message to the e-mail address provided by the Customer at the time of registration, with information confirming receipt of payment for ordered products and information on how to download products.
6. If it is not possible to complete the order, the seller will inform the Customer about the situation by sending a message to the e-mail address provided by the Customer at the time of registration. If the Customer pays for an order that can not be completed within 72 hours, the seller will refund the funds deposited to the bank account from which the payment took place.
7. Due to the nature of the products sold (benefits that due to their nature can not be returned), the customer is not able to withdraw from the contract or cancel the order after payment for the product (see chapter IX)
8. The purchased and paid products will be available to the customer after logging in to www.artandcat.com and going to the “Moje Pliki” subpage.
9. In order to download the purchased product, click on the button with the EPUB,, PDF,VOD markings next to the product.
10. Storing products purchased by the customer on the “My Files” page is a free additional service.
11. All products offered by Seller are protected by the Act of 4 February 1994 on copyright and related rights and may be used only on the terms set out in these regulations.
12. A copy of the product purchased from artandcat.com is intended only for personal use within the limits of the license granted. All rights are reserved unless the copyright owner grants a clear license. Except for situations permitted by law or obtaining permission from the copyright holder, any reproduction, editing, displaying, renting, public screenings or other dissemination of the contents of this copy or parts thereof or parts is strictly prohibited.
13. The customer is obliged to ensure that no unauthorized persons use the products purchased at artandcat.com  in a manner inconsistent with the law or regulations.

1. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
   • a) for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed – before the service was commenced – that upon completion of the service he shall lose the right to withdraw from agreement;
   • b) for an agreement the price or remuneration for which depends on fluctuations on the financial market that are beyond control of the Seller and that may occur before the lapse of the time allowed for withdrawal from the agreement;
   • c) for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;
   • d) for an agreement where the subject of the service are Goods which deteriorate quickly or have a short shelf life;
   • e) for an agreement where the subject of the service are Goods delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;
   • f) for an agreement where the subject of the service are Goods which after delivery, due to their nature, remain inseparably connected with other items;
   • g) for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, and which may be delivered only after 30 days, and the value of which depends on fluctuations on the market that are beyond control of the Seller;
   • h) for an agreement where the Consumer expressly requested the Seller to visit him in order to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other Goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from agreement as regards the additional services or Goods;
   • i) for an agreement where the subject of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging is opened after delivery; the delivery of journals, periodicals or magazines, except for a subscription agreement;
   • j) for an agreement concluded in a public auction;
   • k) for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;
   • l) for an agreement for the delivery of digital content which is not recorded on a material carrier, if the performance of the service commences upon an express consent of the Consumer before the lapse of the time for withdrawal from agreement and after he has been informed by the Seller about losing the right to withdraw from the agreement.

1. The Seller shall have a sufficiently notified complaints procedure in   place, and shall handle the complaint in accordance with this complaint   procedure.

2. The Seller undertakes to deliver Goods free from defects.
3. The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in accordance with the provisions laid down in Article 556 – 576 of the Civil Code.
4. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address “ Jarocin (63-200), Św. Ducha 31/3, to the electronic mail address: aneta@artandcat.com .
5. In order for the complaint to be processed, the Customer should send or deliver the Goods in question, attaching the proof of purchase,. The Goods should be delivered or sent to the abovementioned address.
6. The Customer may complain to the Seller about functioning of the Shop and using the Services to the electronic mail address: aneta@artandcat.com .

1. The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
2. The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:

1. he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;

1. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
2. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.

1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
2. These Terms and Conditions will be governed by the law of the Republic of Poland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
3. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE
4. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
5. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.