Regulations of Internet platform CaroWall as per 29.06.2018.
- Terms used in the Regulations mean:
1) The Customer – natural person, legal entity, or organizational entity who is not the legal entity, to whom provisions particularly grant the legal capacity, who places an Order by means of the Platform;
2) The Artist – natural person, legal entity, or organizational entity who is not the legal entity, to whom provisions particularly grant the legal capacity, acting as entrepreneur, who created and conducts an account on the Platform, in order to present and share on the platform their proprietary works/compositions in the form of Product Models. The Artist is not the consumer in light of legal provisions.
3) CaroWall/Administrator – “Caro Sp. z o.o. Spółka komandytowa” with its registered seat in Zielona Góra, ul. Krośnieńska 12, 65-625 entered in the Register of Entrepreneurs of the National Court Register held by the District Court in Zielona Góra, VIII Commercial Division of the National Court Register under KRS number 0000319417, NIP: 929-180-76-79, REGON: 080303534;
4) Civil Code – the Act of 23.04 1964 (Journals of Laws from 2017, item 459 as amended);
5) Regulations – the present Regulations of the provision of services via electronic means within the Internet Platform CaroWall;
6) The Platform – Internet service available at www carowall.com, through which the Artist within his account may, in particular, present and share their works/compositions in the form of Product Models, and the Customer can, in particular, place orders.
7) Digital presentation of the work – the work of the Artist, uploaded to their account in the form of digital presentation.
8) Product Model – presented on the platform, the work of the Artist modified in the form of sale product.
9) The product – physical copy of the Product Model produced by CaroWall, accordingly to the pattern of Product Model presented on the Platform;
10) Sale agreement – agreement of sale of the Products in the meaning of the Civil Code, concluded between CaroWall and the Customer, concluded with the use of the Platform.
11) The Act on Consumer’s Rights – the Act of 30 May 2014 (Journal of Laws of 2017, item 683 with further amendments);
12) The Act on Electronic Services – the Act of 18 July 2002 on Electronic Services (Journal of Laws of 2017, item 1219 with further amendments);
13) The Order – the declaration of Customer’s will, aiming directly at the conclusion of Sale Agreement, defining particularly the type and number of the Product Models.
- The hereby Regulations define the principles of using the Platform available at www carowall.com, conducted by “Caro Sp. z o.o. Spółka komandytowa” with its registered seat in Zielona Góra, ul. Krośnieńska 12, 65-625, e-mail: firstname.lastname@example.org, telephone no. 696 403 333, entered in the Register of Entrepreneurs of the National Court Register held by the District Court in Zielona Góra, VIII Commercial Division of the National Court Register under KRS number 0000319417, NIP: 929-180-76-79, REGON: 080303534, hereinafter referred to as “CaroWall”, in particular:
1) The principles of registration and use of the accounts within the Platform by the Artist or the Customer;
2) the conditions and principles for presenting Product Models on the Platform by the Artist or the Consumer;
3) the conditions and principles of submitting the Orders electronically within the Platform.
- The present Regulations constitute regulations, as specified in Article 8 of the Act on Electronic Services.
- Using the Platform is possible under the condition of fulfilling by the computerized system, which is used by the Artist or the Customer, of the following technical requirements:
1) Internet browsers, optionally: Internet Explorer in 9.0 version or newer, Mozilla Firefox in 22.0 version or newer, Google Chrome in 30 version or newer, Opera 20 or newer, Safari 5 or newer;
2) The minimum resolution of the screen 1024x768;
3) Java Script and cookies on.
4) In order to use the Internet Platform, the Artist or the Customer should at their own discretion acquire the access to the computer position of the terminal device, with the access to the Internet.
- In accordance with the current laws, CaroWall reserves the possibility to limit the provisions of services through the platform towards the persons who are not 18 years old. In this event, the potential Artists or Customers will be informed about the aforementioned.
- The Artist or the Customer may gain the access to the present Regulations at any time through the link placed on the home page of service www.carowall.com as well as download it and print it.
Information about Product Models given on the Platform, particularly their descriptions, technical and utility parameters and prices constitute an invitation for the conclusion of the agreement in the meaning of art. 71 of the Civil Code.
- In order to commence using the platform by the Artist, he must be registered on it.
- The Customer can use the Platform both after and without registration.
- The registration takes place through filling out and accepting the registration form, shared on the Platform.
- The registration can be completed, provided that the Regulations are accepted and the personal data marked as the obligatory with asterisks are provided.
- After successful registration, the Artist or the Customer obtains the access to the account, which is provided each time by CaroWall after submitting the password and the username (login).
- During the registration, as well as during using the Platform, the Artist or the Customer is obliged to:
1) indicate data consistent with the truth, precise and valid, not misleading and not breaching the laws of third persons.
2) actualize data given in the registration form, immediately after each change of these data. The actualization is performed within the account.
3) to maintain the obligation of secrecy of the password and do not share it with other people.
- The Artist or the Customer is the only party responsible for the content of the data given by them, as well as for the choice of the user name and password, including the responsibility for the potential law infringement of the third persons in reference to the choice of the user name and password. The Artist or the Customer is also inclusively responsible for revealing their password to the other persons.
- Each person, who executes the registration for the person having full legal capacity of the organizational entity or law entity, as well as in the name of a company or partnership, declares that he is completely entitled to conclude the Agreement in the name and for the aforementioned organizational entity or the law entity or partnership.
- The Artist or the Customer bears sole responsibility for the actions carried out within the Platform by means of a valid username and password.
- CaroWall may deprive the Artist or the Customer of the right to use the Platform, as well as limit their access to the part or the whole of resources and functions of the Platform, with an immediate effect, in the event of violation by the Artist or the Customer of the Regulation, and in particular when the Artist or the Customer:
1) during the registration submitted in the Platform data inconsistent with the truth, inaccurate or not actual, misleading, or violating the rights of third persons;
2) through the Platform violated third person’s personality rights, particularly personality rights of the other Artists or the Customers of the Platform;
3) performed another behaviour, which shall be considered by CaroWall as the behaviour inaccurate to the current laws or the general principles of using the Internet or harming to the reputation of CaroWall.
- Any person who has been deprived of the right to use the Platform cannot carry out a repeated registration without prior consent of CaroWall.
12 The Artist or the Customer shall be obliged, in particular, to:
1) refrain from providing and forwarding the content prohibited by law, i.e. content which propagates violence, deforms or breaches personal rights and other rights of third persons;
2) avail of the Platform in a manner which does not interrupt its functioning, in particular, through the use of specific software or devices;
3) refrain from taking such actions as: sending out or placing on the Platform of an unordered commercial information (spam);
4) use the Platform in a manner which is not cumbersome for other Artists and Customers of the Platform as well as for CaroWall;
5) use all texts placed in the framework of the Platform solely in the scope of the proper personal use;
6) use the Platform in a manner compliant with the provisions of law in place for the Republic of Poland, the provisions of the Regulations as well as general principles of use of the Internet network.
13 Acceptance of the Regulations shall be equivalent to granting consent for obtaining invoices in electronic form, required by the provisions of the Act of 11 March 2004 on value added tax.
14 The Artist or the Customer shall be obliged to immediately inform CaroWall of each incident of a breach of his/her right to the name or password, as well as any incident of breach of the rules specified in the hereby Regulations, in particular in case of breaching the rules connected with the placement of digital presentation of works.
15 CaroWall shall bear no responsibility for:
1) technical problems or limitations which occur in the hardware, data-communication system and communications system used by the Artist or the Customer which prevent the Artist or the Customer from using the Platform;
2) loss, within the Account, of digital presentations of works caused by equipment failure, system failure or other circumstances due to causes outside of CaroWall’s control;
3) unavailability of the Service due to force majeure;
4) the content of advertisements placed on the Platform by third parties;
5) the manner of using digital presentations of works and Product Models by the Artists or Customers (i.e. Breaching copyrights of the Artist or third person by the Artist or Customer), including potential damages caused by it suffered by the Artist or the Customer or the third party.
16 The Artist or the Client shall bear the sole responsibility for ensuring technical compliance of the computer equipment used by them for the purpose of using the Platform and the data-communication system and the Platform.
17 Declaration of CaroWall: CaroWall is a Platform based on the respect for Artists and the intellectual property rights they are entitled to, as well as the rights to which all third parties are entitled to. CaroWall applies the policy of zero tolerance towards any breaches of intellectual property rights. For this reason, the Artists are reminded of this fact each time they include their digital presentations of works within the resources of CaroWall. The Artists are also obliged to include within the resources of the Platform only the digital presentations of works which do not in any way breach the economic copyrights, moral rights, privacy or any other rights of third parties, as well as court judgements and decisions of the right authorities. Theft of results of someone else's work is not merely against the law, it also constitutes a denial of the purpose for which CaroWall was launched and the principles which form its fundamental values.
18 In case of obtaining information by the Artist, the Customer or any third person concerning the fact of placement on the Platform of digital presentations of works, comments, descriptions or other content which are in breach of the provisions of the Regulations, the rights of third parties or the provisions of the law in place, such Artist or Customer or any third person ought to immediately report this fact by contacting the Platform at the address email@example.com.
19 Within the content of the notification submitted to the address firstname.lastname@example.org, as specified above, one ought to indicate at least the data of the subject carrying out the above submission (including full contact details), specify the nature of detected breach and indicate digital presentations of works, comments, descriptions or other content which are the subject of the notification of breach in a manner which enables identification within the Service (that is indicate precise internet reference-links). The above submission ought to contain also the handwritten or electronic signature of the person who performs the submission or his proxy (in such case, the relevant PoA must be enclosed).
20 The Artist or the Customer is not entitled, in any degree, to reproduce, record, publically display or use in any other way the Product Models, without indicating their source.
21 CaroWall informs that it does not verify in any way, nor does it monitor or review (in advance or on an ongoing basis or afterwards) the digital presentations of works in terms of their compliance with the law, the Regulations or the possibility of breaching the rights of third parties by their content. In case, however, of obtaining the official notification or a reliable message of an unlawful nature of digital presentations of the works or activity of CaroWall related to them, access to these Templates will be immediately prevented.
22 The Accounts which are not used for the period not exceeding three (3) months from the last logging in may be removed without prior notification. The provisions of § 4 par. 21 shall be applied respectively.
23 The Artist has the possibility, within his account, to conclude agreements for the sale of Products by means of the Platform, in case of which he shall be considered as a Customer and subjected to the provisions of the hereby Regulations referring to the Customer.
- 4 Principles of using the Platform concerning the Artist.
1 Carrying out registration by the Artist is equivalent with the conclusion of agreement with CaroWall in the scope of placement of digital presentation of the work in the form of Product Model for the purposes and according to the principles specified in the hereby Regulations, including in the scope of free of charge granting by the Artist to CaroWall of the non-exclusivity license for the use of digital presentations of products added to the account of the Artist as well a free of charge use and promotion of the image of a given Artist by CaroWall, as specified in art. 20 point 4 and 5 of the Regulations.
2 Digital presentation functions in the form of Product Model on the Platform where it is placed for the purpose of its sale to the potential Customer.
3 CaroWall places the digital presentations of works of Artists in the form of Product Models on the Platform free of charge.
4 The Artist receives from CaroWall remuneration in the form of provision for each sold Product Model on the Platform, created on the basis of the digital presentation of work of a given Artist. The commission rates are specified in the table below as well as being available in the My Sale tab within the Artist's panel.
4,00 US Dollars
(in words: four USD)
40x60 and 50x50
Deco Panel, Canvas, Picture in a frame, Poster
Round Deco Panel
8,00 US Dollars
(in words: eight USD)
50x70 and 70x70
Deco Panel, Canvas, Picture in a frame, Poster
Round Deco Panel
12,00 US Dollars
(in words: twelve USD)
70x100 and 100x100
Deco Panel, Canvas, Picture in a frame, Poster
|Round Deco Panel
5 Remuneration is paid within 15 days of the month following the month in which the Customer paid for the given Product Model in the form indicated by the Artist in the registration form that is via transfer to the bank account or via pay pal service. Remuneration is paid on the basis of an accounting document issued by the Artist on the basis of the obtained from CaroWall accounting note, delivered to CaroWall on or before the 10th day of the month following the month in which the Customer paid for the Product Model or pursuant to the sales summary available on the account of a given Artist, depending on the form of the declared by the Artist method of settlement with CaroWall. CaroWall pays the flat-rate income tax on account of Artist's license. The Artist is obliged to fulfil the remaining fiscal obligations related to the activity he carries out under the Platform. Settlement between the Artist and CaroWall, indicated in the hereby paragraph shall occur provided that a minimum balance of 50 USD (fifty) is in place on the Artist's account.
6 The Artist grants consent for the introduction by CaroWall of discounts to the price of Product Models. As a result of the price decrease of a given Product Model, no proportional decrease of price of Remuneration occurs paid by CaroWall towards the Artist.
7 Information on Artist's Remuneration is available on his account at the time of performing the purchase by a Customer.
8 The Artist bears sole responsibility for the correctness of data passed on in the process of payment. In case of possessing incorrect or invalid data, the payment will not be processed. In this scope, the Artist waives any potential claims against CaroWall. At the time of payment, the Artist undertakes to deliver basic and valid data for identification purposes. In case of lack of provision or provision of incorrect data, CaroWall reserves the right to withhold payment until the time of obtaining correct data.
9 Artist’s remuneration specified in the hereby paragraph covers all claims of the Artist which he may suffer during/pursuant to/as a result of cooperation with CaroWall in relation to the Platform.
10 The Artist, post registering, has the possibility to manage his account, in particular, through adding digital presentations of works, as well as placing and editing on the Platform of a new banner, avatar and biography.
11 From the moment of registering, the Artist is obliged to add to the account within 48 hours a minimum of five (5) digital presentations of works and placing on the Platform his banner, avatar and biography. Failure to fulfil the obligation specified in the preceding sentence may result in account removal.
12 The Artist may add digital presentations of works by himself, through adding them to his account in the form of files. Digital presentations of works, after their adding to the account are visible solely in the Artist and Administrator panels. Actual placement of digital presentation of work in the form of Product Model on the Platform occurs after its approval and acceptance by CaroWall.
13 Digital presentation of products, post prior approval, acceptance by CaroWall, will be presented on the Platform in the form of Product Model subject to the file which contains digital presentation of the product will perform the following technical parameters:
1) JPG up to 40MB, minimum 300DPI in RGB mode. Shorter side of the digital presentation of the product must have the minimum of 2000px;
2) text/content must be placed at least 2cm/0,80 inches from the edge.
14 The maximum size of the avatar file must amount to 10MB
15 The maximum size of the banner file may amount to 10MB.
16 The biography may contain the maximum of 800 signs.
17 The maximum of 20 digital presentations of works a week may be placed on the account of one Artist. The total number of digital presentations of works cannot exceed 500.
18 The Artist may place on his account on the Platform directly or by means of CaroWall solely the digital presentation of the work of his authorship and ownership. Multiple placement of the same digital presentation of the work with slightly changed colour palette or an insignificant amendment is forbidden.
19 Registering by an Artist shall mean:
1) the acceptance by him of the provisions of the hereby Regulations;
2) conclusion by him with CaroWall of an agreement in the scope of placing digital presentations of works in the form of Product Model on the Platform for the purposes and according to the rules specified in the hereby Regulations;
3) consent for free of charge use and distribution of image of the Artist by CaroWall, in order to promote the products or brands: CaroWall or CARO, through its publication by CaroWall on the internet, in social media channels, among others Facebook, Instagram, YouTube, Twitter, Google Plus, Printerest, Snapchat and on the website of the Platform available at the address carowall.com, whilst the consent is not territorially restricted and is granted for the period of duration of the hereby agreement; the image may be used for various types of electronic image processing forms, framing and composition, without the necessity to accept the end product, but not in abusive forms or ones which are generally considered as unethical; the consent covers its transfer in the above stated scope and purposes onto other entities; withdrawal of consent during the validity period of the hereby agreement may result in potential compensation claims on the side of CaroWall towards the Artist
4) free of charge granting of non-exclusivity license, unlimited in terms of time and territory, for the use of digital presentations of the products of a given Artist on his account, on the following fields of exploitation: A) in the scope of consolidating and multiplying the work via any technique (printing, reprographic, magnetic recording and digital technique), b) in the scope of trading in the original or copies, through introducing to trading, rental or lease of the original or the copies, c) in the scope of dissemination of the work through public exhibition, display, broadcasting, and reproducing and rebroadcasting, as well as public disclosure of the work in a manner which grants access to it to everyone at a place and time of their choice.
20 The Artist declares and guarantees that:
1) he disposes (i.e. Being the owner, licensee, leaseholder) of the economic copyrights, related rights, rights of the use of an image and industrial property rights (i.e. right to trademark) or other necessary rights to digital presentations of the works in the scope which enables realization of the agreement and modification, developing and expanding the Product Model on the Platform, as well as their use by the Artist in a manner compliant with the provisions of the law in place without breaching third party rights;
2) is fully authorized to conclude the hereby Agreement for which the neither a consent nor approval of any third party is required (and in case it is required, it has already been granted);
3) Digital presentations of works do not breach the provisions of the binding law and the rights of third parties, as well as
4) available digital presentations of works do not contain any legal or physical defects, errors or malfunctions. Otherwise, the Artist shall immediately take all legally permitted steps in order to remedy such state of affairs and in case of lack of objective possibility of its remedy, he shall cover the damage suffered by CaroWall in this regard.
21 Removal of digital presentation of the work by an Artist may occur subject to the consent of CaroWall and shall result in the removal of Product Models created on the basis of the digital presentation of works of the given Artist within 14 days from the date of submission of CaroWall of the need for the Product Models created on the basis of the digital presentation of data of the Artist which will be submitted within the term prior to removal of the Product Model will be realized.
22 CaroWall is entitled to choose digital presentations of works which will be presented on the Platform in the form of Product Models, in particular, it reserves the right to remove digital presentations of works which in the opinion of CaroWall, are not compliant with the profile of the Platform or do not fulfil the requirements specified in the hereby Regulations, among others, § 3 (10), (12), § 4 (4) (18).
23 The Artist undertakes to bear sole responsibility for digital presentations of works. The Artist undertakes further to fulfil any claims on account of a breach of rights or personal rights of third parties, which are related to the disclosure of digital presentations of works.
24 CaroWall shall bear no responsibility for: 1) compliance of digital presentations of works with the provisions of the binding law; 2) potential legal and physical defects of digital presentations of works, contained errors or defects within them, as well as 3) any breach by the digital presentation of works of the hereby Regulations.
25 Responsibility of CaroWall towards the Artist is limited to the value of remuneration which the given Artist has obtained on account of the execution of agreement (according to the status as per the date of occurrence of events causing the occurrence of a claim on the side of the Artist towards CaroWall).
26 CaroWall does not ensure nor guarantee the Artist any amount of remuneration as well as the fact that another Artist may disclose a competitive Product.
27 In case when due to placing by the Artist on the Platform of a Product template a breach of provisions of the binding law occurs or a breach of rights of the related persons occurs, including, among others, persons authorized due to economic copyrights or the related rights or industrial property rights by the Artist or CaroWall acting in reliance upon the declarations of the Artists submitted by the acceptance of the hereby Regulations, the Artist shall be obliged to cover the damage suffered in this regard fully by CaroWall. However, post granting consent for the use of image or granting license of disclosure of any legal defects, encumbrances or claims of third parties, the Artist undertakes to release CaroWall from all the claims raised by third parties, remedy all damages caused by CaroWall due to such faults, encumbrances or claims and furthermore-upon demand of CaroWall-submit a public declaration of adequate content.
28 Either of the Parties shall be entitled to terminate the Agreement effective immediately, without stating the causes, subject to the other Party maintaining the obtained rights prior to termination of the Agreement. There is no minimum period for which the Agreement cannot be terminated. The provisions of § 4 (22) shall be applied respectively.
29 CaroWall, while attempting to terminate the Agreement, shall inform the Artist of this fact via email indicated by the Artist during Registration. Agreement termination by CaroWall shall be final and irrevocable.
30 The Artist terminates the Agreement through autonomous removal of the Account, consisting of submission, through the administrative panel of the Account, a request of its removal. All data and digital presentations of the works shall be irrevocably and immediately removed at the time of Account removal. The Artist shall waive any claims against CaroWall related to the removal of Account and its effects.
- 5 Procedure of conclusion of agreement of sale and realization of orders
1 In order to conclude the agreement of sale by means of the Platform one must enter the internet website carowall.com, select the Product Model, and carry out subsequent technical activities based on the messages displayed to the Client and information available on the website.
2 Selection of the chosen Product Models by the Customer is made through adding them to the basket.
3 In the course of submitting an Order-until pressing the “Place your order” button-the Customer can modify the data entered also in the scope of the choice of Product Model. For this purpose one must follow the displayed messages and information available on the website.
4 After indicating all the necessary data by the Customer using the Platform the summary of submitted order will be displayed. The summery of submitted order will contain the following information:
1) subject of order;
2) unit and total price of the ordered Product Models and delivery costs;
3) selected payment method;
4) selected delivery method;
5) delivery time.
5 In order to send the Order it is necessary to tick the acceptance of the content of the Regulations, indicate personal data marked as obligatory and press the “Order with payment obligation” button.
6 Sending the Order by the Customer constitutes a declaration of will to conclude an agreement of sale with CaroWall, in accordance with the content of Regulations.
7 The agreement of sale is concluded in English, with the content as per the provisions of the Regulations.
8 Promotions cannot be combined with one another. It is possible to use one rebate code within a single order.
- 6 Obtaining goods in the framework of intra-community transaction of delivery of goods on the territory of EU for the VAT tax payers, identified for the purposes of intra-community transactions
1 The activity is considered as intra-community delivery of goods when the following joint conditions are met:
1) Goods are exported out of the territory of the country, understood as the territory of the Republic of Poland and occur for the purpose of carrying out activities specified in art. 7 of the Act from 11 March 2004 on the value added tax within the territory of the member state other than the territory of Poland;
2) transaction was performed for the contractor being a VAT tax payer identified for the purposes of intra-community transactions within the EU territory.
2 A contractor of intra-community transactions is a VAT tax payer, identified for the purposes of intra-community transactions within the territory of EU (that is holding a valid EU VAT number) or he is a legal or natural person who is not a VAT tax payer, who is identified for the purposes of intra-community transactions within the EU territory (that is holding a valid EU VAT number).
1 Delivery of goods occurs within the range of countries indicated on the website click at the address indicated by the Customer during submission of an order.
2 Delivery of ordered goods occurs by means of GLS Courier Company only within the territory of Europe. Costs of delivery are presented in detail on the website click. Outside the European borders, delivery is realized by means of DHL courier company.
3 Term for delivery realization ranges between 2 and 10 working days, counting from the day of sending an order by the Customer. Depending on the country of delivery.
4 The cost of delivery (shipment) of Goods is borne by the Customer and it is added to the value of the Customer's order. This cost is indicated to the Customer prior to submitting an order by him. The amount of this cost may depend on the method of delivery selected by the Customer and the method of payment selected by the Customer.
5 Depending on the direction of delivery, it may be necessary to bear the cost of additional customs duties. Their size depends on the provisions which are binding in a given country. Any costs related to the customs duties are borne by the Customer who purchased a given product.
6 The Customers may access the hereby Regulations at any time, by means of a link placed on the home page of the Platform and download it in order to have it printed out. Recording, securing, making available and confirming to the Customer the key provisions of the Agreement on the Sale of Goods occurs through sending the Customer to the indicated email address an electronic invoice in the meaning of art. 2 point 32 of the Act on value added tax.
- 8. Prices and methods of payment
1 Prices of Product Models are indicated in Euro in EU and in dollars outside the EU zone and contain all components, including VAT tax (price rates specified), excluding information concerning the delivery costs and duty, of which the Customer is informed in line with the provision of § 7, par. 4 and 5 of the Regulations.
2 The Customer may pay by means of
1) Paypal system
2) Credit card.
- 9. Right of withdrawal from agreement
1 The Customer may withdraw from the hereby agreement within the term of 100 days without indicating any causes.
The term for withdrawal from agreement expires after 100 days from the date in which the Customer entered into possession of an item or in which a third person other than the carrier and indicated by the Customer entered into the possession of that item.
In order to avail of the right to withdraw from the agreement, the Customer must inform CaroWall of his decision on withdrawal from the hereby agreement by way of a conclusive declaration (for instance with the use of a contact form or via a letter sent to the electronic address: email@example.com).
2 In case of withdrawal from the hereby agreement we will reimburse the Customer for all payments he has made immediately, and in each case no later than 14 days from the date in which we were informed of his decision on the execution of the right to withdraw from the hereby agreement. We may suspend the reimbursement of payment until the time of receiving the Product or until the time of delivery of a proof of posting, depending on which event occurs first. Please send or pass the Product onto the address: Caro Sp. z o.o. Sp.k. Ul. Szosa Bytomska 9a, 67-124 Nowe Miasteczko immediately, but in each case no later than within 100 days from the day in which the Customer informed us about his withdrawal from the agreement. The term will be considered as met if the Customer sends the Product prior to the expiry of 100 days. The Customer will need to bear the direct costs of return of the item. Details and instructions of postage may be found on the website carowall.com. If withdrawal from agreement occurred after the issuance of electronic invoice, the Client will receive an electronic corrective invoice, to which he consents.
- 10. Complaints concerning Goods
1 CaroWall as the seller is responsible before the Customer who is a consumer, in the meaning of art. 221 of the Civil Code, due to warranty, for any defects in the scope specified in the Civil Code.
2 Complaints stemming from a breach of rights of the Customer, legally guaranteed or stemming from the hereby Regulations, ought to be directed to the address firstname.lastname@example.org. CaroWall undertakes to handle each complaint within the term of 14 days from the date of submission/entry to CaroWall of a given complaint, and if this turns out to be impossible, to inform the Customer within this period of time when the complaint is planned to be resolved.
3 If a complaint recognition occurred post issuance of electronic invoice, the purchaser will receive an electronic corrective invoice to which he consents.
- 11. Complaints in the scope of provision of services electronically.
1 Complaints stemming from a breach of Artist's rights or Customer's legally guaranteed rights or pursuant to the hereby Regulations, one ought to direct to the address: email@example.com.
2 CaroWall undertakes actions in order to ensure fully correct operating of the Platform in such scope which stems from the current technical knowledge and undertakes to remove within a reasonable term any in irregularities submitted by the Artists or Customers.
3 The Artist or the Customer is obliged to immediately inform CaroWall of any irregularities or breaks in the functioning of the service of the Platform.
4 Irregularities related to the functioning of the Platform may be reported by the Artist via email to the address indicated in par. 1 or by means of the contact form, whilst the Customer should send an email to the address firstname.lastname@example.org or use the contact form.
5 Within the complaint, the Artist or the Customer ought to specify their name and surname, address of correspondence, the breach of law which occurred or type and date of occurrence of irregularity related to the functioning of the Platform.
6 CaroWall undertakes to review every complaint within 14 days from their submission/ entry, and should this turn out to be impossible, to inform the Artist or the Customer of this fact within that timeframe and indicate the time in which the complaint will be handled.
1 Personal Data Controller of personal data belonging to the Customers or Artists is CaroWall.
2 The Artist, through indicating his personal data upon registration, grants consent for the processing of personal data for the purpose of presenting digital presentations of works in the form of Product Models, sale of Products and realization of the concluded agreement and entrusting of their processing to other entities with which the controller of data has concluded agreements for the provisions of ordered products in the scope necessary for their execution.
Granting consent for the processing of personal data is voluntary, however, its non-granting may disable the realization of services according to the rules specified in the hereby Regulations.
3 The Customer, while indicating his personal data upon registration, grants consent for the processing of personal data for the purpose of realizing the agreement of sale and entrusting them for their processing onto entities with which the controller of data has concluded agreement for the purpose of provision of the ordered goods, in the scope necessary for their execution.
Granting consent for the processing of personal data is voluntary, however, its non-granting may disable the realization of services according to the rules specified in the hereby Regulations.
4 Personal data of Artists or Customers are secured in accordance with the provisions of: Regulation of the European Parliament and Council (EU) from 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement of such data as well as repealing Directive 95/46/EC and the Act of 18 July 2002 on provisions of services by electronic means.
5 Personal data are not handed over to any third country or international organization and they are stored in the form which enables identifying a specific person only for a period of time for which it is necessary in order to reach the goal of processing, in consideration of the terms stemming from the necessity to ensure the possibility of executing the generally binding laws and obligations.
- Upon expressing a separate consent by the Artist or the Customer, the granted data may be used for another purpose in the scope indicated in the content of the expressed consent.
7 The Artists and Customers, by means of the website carowall.com are entitled to access and amend the information they provided which constitute their personal data. Furthermore-they are entitled to demand access to the information they provided which constitute personal data, verify them, remove or limit their processing, submit an objection against their processing as well as transfer them. They are also entitled, at any time, to withdraw the granted consent without an impact on the compliance with the law of the processing which was carried out pursuant to the consent prior to its withdrawal and to submit a complaint to the supervisory authority. Win order to execute the above rights one may contact personal data inspector at the e-mail: inspektor@kancelaria-domagała.eu , who looks after the safety of personal data at Caro Sp. z o. o. Sp. k.
8 The Artist or the Client, upon registration or at a later time may express consent through indicating the field [ ] „ I would like to receive text message newsletter from Caro Sp z o.o. Sp. k with its seat in Zielona Góra-commercial information specified in the Act on provision of electronic services and I grant my consent for the processing of data for the purpose of providing the hereby service” or/and “I wish to obtain an email newsletter from Caro Sp. z o.o. with its seat in Zielona Góra- commercial information specified in the Act on provision of electronic services and I grant my consent for the processing of data for the purpose of providing the hereby service” -for sending him to the indicated by him email address or/and telephone, electronically or/and with the use of telecommunications terminal equipment, commercial information specified in the Act from 18 July 2002 on provision of electronic services, from Caro Sp. z o.o. Sp. k with its seat in Zielona Góra. Such consent covers also the possibility of using automated calling systems for direct marketing purposes in accordance with art. 172 par. 1 of the Act from 16 July 2004 on Telecommunications Law. Granting the above consent means granting consent for the processing of personal data by Caro Sp. z o.o. Sp. K with its seat in Zielona Góra, for the purpose of realizing direct marketing of own products. Granting consent is voluntary. The said consent may be recalled at any time by clicking on the link “Unsubscribe” which may be found at the bottom of the newsletter (email) or by sending an email with a request of unsubscribing from the list of recipients to the address: email@example.com.
1 CaroWall is the owner of text, code, website layout, all photographs of Product Models, graphics, logotypes placed on the website and has full copyrights in this respect. CaroWall further holds all adequate licenses to the works presented in the form of Product Models and for the use of photographs used for the creation of advertising banners. Their copying, processing, making available and publishing as well as using for sales purposes is prohibited and may be subject to penalties. CaroWall does not allows for the use, distribution and dissemination without knowledge or written consent under the pain of claims on account of breaching copyrights and theft of intellectual property.
2 Any potential disputes between CaroWall and the Artist or the Customer, who is not a consumer in the meaning of art. 221 of the Civil Code, shall be resolved by court with jurisdiction over the seat of CaroWall.
3 Resolving of potential disputes between CaroWall and the Customer who is not a consumer in the meaning of art. 221 of the Civil Code, shall be handed over to appropriate courts in accordance with the provisions of the relevant regulations of the Code of Civil Proceedings.
4 In accordance with the Regulation of the European Parliament and Council (EU) no. 524/2013 from 21 May 2013 on Online Dispute Resolution for consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on ODR regarding consumer disputes) ((EU Official Journal L165/1) Customers are entitled to resolve disputes with entrepreneurs who conclude online sale agreements or agreements for the provision of services in an extrajudicial manner by means of the EU internet platform. Complaint may be submitted on the form available under the address: http://ec.europa.eu/consumers/odr/ e-mail CaroWall for the needs of carrying out the procedure to firstname.lastname@example.org.
5 Customer who is a consumer from the Republic of Poland is entitled to the right to handle complaints and pursue claims: 1) through mediation actions of the voivodeship trade inspection inspectors, 2) through other amicable consumer courts by the voivodeship trade inspectorates.
6 For all matters unresolved in the hereby Regulations the provisions of the Polish Law, including the Civil Code, the Act on provisions of electronic services, the Act on copyrights and the related rights and other appropriate provisions of the Polish law shall apply.
7 Parties exclude applying United Nations Framework Convention on agreements of international sale of goods.
8 CaroWall reserves the right to amend the hereby Regulations at any time. In such case the Provider informs the Artist or the Customer of the change in the content of message which will be sent to the Artist or Customer account or to their email address. IN case of lack of termination of Agreement by the Artist or the Customer in the mode provided for in the hereby Regulations within 14 days from the date of delivery of amendments to the Regulations, the performed amendment shall be considered as accepted by them.