Terms of service

§1. GENERAL

Your use of the shop.qarted.com ("Website") is conditioned upon Your acceptance of these legal Terms of Service including our privacy policy.

Qarted reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, Clients, merchants.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on shopify.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

§2. ELIGIBILITY

The services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the services you represent and warrant that you are 18 or older.

We reserve the right to refuse Service to anyone for any reason at any time.

§3. MODIFICATIONS TO THESE TERMS

Qarted reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

§4. MODIFICATIONS TO THE SERVICES

We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Product from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. . We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

QARTED DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

Qarted assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

§5. ACCOUNT REGISTRATION

5.1 In order to make a purchase through the Services, you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Client.”

5.2 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become VAT registered. Qarted reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Qarted of any unauthorized use of your Account.

§6. SALE OF PRODUCT

6.1 A Product sale agreement made through the Website is concluded upon the User clicking a functionality marked in the path to purchase as “CHECK OUT”, and in the case of purchase through the stripe, paypal system, upon clicking a functionality marked as “Pay now”. The agreement does not apply in the case of failure to make the actual payment. The agreement may be concluded solely and exclusively via the Website, i.e. using Website functionalities. The subject matter of the agreement will be specified at the last stage of the path to purchase. QARTED is obliged to deliver the Product without any defects.

6.2 QARTED is liable for the conformity of the Product with the sale agreement. The guaranteed price of the Product is the price given in the cart. This means that the QARTED guarantees that when the User adds a Product to a cart at a specified price in the purchase path, but the User does not purchase this Product during the same visit to the Website, the price of the added Product will remain the same as at the time of adding this Product to a cart, if the User purchases the Product which was previously added to a cart during the other visit to the Website, as long as the Product is still available for purchase.

6.3 The User may withdraw from the Product sale agreement concluded with the QARTED via the Website without giving any reason by submitting an appropriate statement within 14 calendar days. This time-limit is calculated from the day the User took the possession of the Product. The User will not cover the costs of withdrawal from the Product sale agreement subject to the following sentence, 100% of the value of the ordered products minus the shipping cost. The product is eligible for return if it is in the original state and has not been used. QARTED print needs to be sent at the Client’s cost to the address provided on the contact page. After receiving the package the amount will be refunded to your account within 14 days. PLEASE NOTE THAT IN CASE OF RETURNING ONLY A PART OF THE RECEIVED ORDER THE ORIGINAL SHIPPING COSTS WON’T BE REFUNDED. ALSO, OUR RETURN POLICY IS NOT APPLIED TO CUSTOM PRINTS (CUSTOM PRINTS ARE NON-REFUNDABLE).

6.4 The User shall return the Product to the QARTED immediately, but no later than within 7 days from the date of withdrawal from the Product sale agreement. In order to meet the deadline it is sufficient to dispatch the Product before its expiry. QARTED undertakes to immediately, not later than within 14 days from the day of receiving the User's statement of withdrawal from the Product sale agreement, reimburse the User for any and all payments made by the User with the use of the same method of payment as applied by the User, with a proviso that the QARTED is entitled to suspend reimbursement of payments obtained from the User until the QARTED receives the Product back or the User submits a confirmation of shipping the Product, depending on which of the events occurs earlier. Moreover, the QARTED reserves that upon the lapse of 14 days following the payment made by the User, independent payment operators may, under their rules and regulations, retain a certain part of the amount paid.

6.5 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy mentioned above. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

6.6 We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6.7 The Products are delivered Worldwide, but some products might be available only in the European Union, USA, and Canada. The countries for which shipping is available are clearly indicated on the product or checkout page.

6.8 Depending on the destination, there is a possibility of an additional duty fee and/or taxes. Their amounts depend on a specific countries' regulations. Any costs related to customs duties and/or taxes shall be borne by the User, unless such costs are explicitly included in the purchase price of the Product.

6.9 Payment for the Products may be made using the methods indicated at the beginning of the order making process. The User should pay the Product price immediately upon making an order for a given Product. Payments are made in USD or EUR(depending on location). The User’s bank may convert the final amount to the local currency at its rate of exchange.

6.10 The QARTED shall be liable towards the User for the non-conformity of the Product with the sale agreement (statutory warranty) in accordance with the rules set out in the Act on Consumer Rights and in the Polish Civil Code.

6.11 Any complaints under the statutory warranty for Products' defects or non-conformity may be submitted by the User in writing or electronically to the following address: contact@qarted.com. In the complaint the User shall describe in details the defect or the non-conformity of the Product and present his demand. The complaint shall be examined by the QARTED within 14 (fourteen) days from the delivery of it to the QARTED. The User will be promptly informed of the results of this procedure. Save as otherwise provided in the Act on Consumer Rights or in the Polish Civil Code, the QARTED is liable under the statutory warranty for the Products' defects or non-conformity, provided that: (i) the User discovers the Product's defect or non-conformity within 2 (two) years from the date of delivery of the Product to the User, and (ii) submits a complaint to the QARTED within 1 (one) year from the date of discovery of this defect or this non-conformity. The ineffective elapse of the deadlines referred to in the preceding sentence relieves the QARTED from the liability under the statutory warranty for the Products' defects or non-conformity. Claims under the statutory warranty for the Products' defects or non-conformity shall be vested exclusively in the User who purchased the Product through the Website and do not pass to a subsequent purchaser of the Product.

6.12 According to the EU Resolution No. 524/2013 on online dispute resolution for consumer disputes, Users shall have the possibility to resolve disputes with traders regarding online sales or service contracts, out-of-court via an online platform. Complaint can be submitted via the public site concerning this procedure, our e-mail address for this procedure is: contact@qarted.com.

6.13 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

§7. TAXES

7.1 The CLIENT is responsible for all direct and indirect taxes, duties, local surcharges, and the like ("Taxes") levied on the CLIENT by any applicable law in connection with the Services and for any liabilities or claims brought by any public or governmental authority upon the CLIENT's use of the Services unless otherwise stipulated in The Terms of Service.

7.2 If the CLIENT is required to make any deduction or withholding on account of any direct or indirect Taxes in connection with any payment to QARTED, then the payment to QARTED shall be grossed up such that the payment received by QARTED is equal to the invoiced amount net of any such deduction or withholding. QARTED will, upon the CLIENT's request, provide a tax resident certificate in order to reduce or eliminate the withholding Tax.

7.3 The CLIENT shall defend, hold harmless and indemnify QARTED from and against all liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to the failure to levy withholding Tax on any payment from the CLIENT to QARTED or to comply with any other obligations it may have under applicable tax law. The CLIENT will provide QARTED with original receipts to evidence the deduction of withholding Tax and payment of any Tax on behalf of QARTED to the corresponding public or governmental authority.

§8. PRIVACY

See Qarted Privacy Policy at https://shop.qarted.com/pages/privacy-notice for information and notices concerning Qarted’s collection and use of your personal information.

§9. COMMUNICATIONS WITH WEBSITE -PROHIBITED USES

9.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

9.2 Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. QARTED cannot prevent the harvesting of information from this Website, and You may be contacted by QARTED or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of QARTED, may or may not be posted to this Website at the sole discretion of QARTED and may be used by QARTED or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, QARTED is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by QARTED without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.

§10. LIABILITY.

10.1 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

10.2 In no case shall QARTED, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

§11. INDEMNIFICATIONS

11.1 You agree to indemnify, defend and hold harmless QARTED and our, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

§12. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

§13. TERMINIATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

§14. ENTIRE AGREEMENT

14.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

§15. MISCELLANEOUS

15.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Poland.

15.2 QARTED may assign its rights or delegate it obligations under the Agreement, or any parts thereof, to any Affiliate or third party. Notwithstanding the generality of the foregoing, QARTED may assign the right to invoice or otherwise claim payment due under the Agreement. Customer may not assign this Agreement without QARTED’s prior, written consent (including by way of merger, asset sale, stock sale, or other reorganization).

15.3 No agency, partnership, joint venture or franchise relationship is implied, intended or created by these Terms.

15.4 The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

15.5 These Terms of Use come into force on the 1.09.2023