1. INFORMATION ABOUT US

This site is operated by and the goods you purchase will be supplied by Custom Art Sp. z o.o. (“we”). We are registered in Poland under company number (REGON) 369229290 and with our registered office at Zwierzyniecka 10, 15-333 Białystok, Poland. Our VAT number is PL5423293495. You can contact us by e-mail at info@thecustomart.com, by telephone on +48 697541666

Address for official correspondence:

Custom Art Sp. z o.o.
Zwierzyniecka 10
15-333 Białystok
Poland

Lab address for shipping ear impressions and orders:

Custom Art
Litewska 5/9
00-589 Warszawa
Poland
2. YOUR PERSONAL INFORMATION

We will use your personal information in accordance with our Privacy Policy.

3. REGISTRATION

Registration of Customer’s account is required for the use of the store’s services and purchase of the products. Registration is not required for browsing the store’s website. Registration is free-of-charge.

Registration process is available during the checkout. An active e-mail account is required to register.

During the registration process you’ll be asked to fill out the registration form with the following information: e-mail address, password, name or company’s name, last name, address, phone number.

Fields marked with a „*” sign are filled out voluntarily but are obligatorily for correct usage of the services.

You may at any time delete the customer’s account. In order to do so, you must e-mail us, which for the purposes of verification of identity should be sent from the e-mail account specified during registration. We reserve the right to request confirmation of the identity of the customer.

If action taken by the customer can be considered illegal, in particular those that violate applicable law, these Terms of Use, the rights of the third parties and are inconsistent with the principles of social coexistence we reserve the right to block or delete the customer’s account.

You are obliged not to disclose to third-parties your username and password. In the event of circumstances indicating a suspicion that your Password may be in the possession of an unauthorized third party, you shall immediately notify us about this fact.

4. ORDERING

You may place an order to purchase goods advertised for sale on this site by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Place order” button on the checkout page.

If you submit an order for goods via this site by clicking the ‘Place order’ button, your order is an offer to us to buy the goods you have ordered on this site.

We will acknowledge the receipt of your order by sending you an automatically generated e-mail. This does not constitute an automatic acceptance of your offer. Each order will be manually reviewed and accepted or declined by our representative.

The contract will relate only to those specific goods which are referred to in our e-mail confirming our acceptance of your order. You should read and check the details in this e-mail to ensure that they are correct.

If the details in the e-mail confirming your order are not correct, or if you are not satisfied with the details in the e-mail, please contact us at info@thecustomart.com or by telephone on +48 697541666.

The contractual language is English.

5. PRICE AND DELIVERY COSTS

Information displayed on this site relating to pricing is subject to change by us without notice.

Prices for customers with the shipping address within the European Union include VAT. For non-EU shipping address, the prices do not include VAT. Delivery costs are excluded from the prices – charges can be looked up in the information page Delivery Terms. Outside the European Union, additional local import taxes and fees might apply – Custom Art is not responsible for them, they need to be regulated by the recipient.

Prices in the online shop do not constitute an offer within the meaning of the Polish Civil Code, but an invitation to submit offers within the meaning of the Art. 71 of the Polish Civil Code. We reserve the right not to process an order.

6. AVAILABILITY AND DELIVERY

Information displayed on this site relating to availability is subject to change by us without notice. All orders are subject to availability at all times.

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.

We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.

7. PAYMENT

In case of customized products we will ask for your payment after confirming your order and reception of your ear impressions.
We must receive payment in advance before your order can be processed and the goods can be dispatched, unless we have agreed otherwise in advance in writing. Payment for goods can be made with either wire transfer or PayPal in PLN or EUR.

8. RIGHT OF WITHDRAWAL

Any order can be cancelled before it enters production.
If your order has already entered production we will charge flat 400 PLN or €100 (depending on currency paid for order) cancellation fee to cover our irrecoverable loss in materials used for production of your order. If you received a product you are not satisfied with it, you may send it back (at your cost) for return, within 14days after confirmed delivery date. There’s a flat 400 PLN or €100 (depending on currency paid for order) cancellation fee to cover our irrecoverable loss in materials used for production of your order. Shipping costs are not refundable if your order has been shipped. This does not affect your statutory rights.

Consumer who purchased a non-customized product within European Union, shall be entitled, without giving any reason and without incurring any costs to withdraw from the agreement within 14 days from the day of conclusion of the agreement. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post to Custom Art, ul. Litewska 5/9, 00-589 Warszawa, Poland or sent by email to: info@thecustomart.com
Non-customized product will be granted full refund including shipping cost from Custom Art to customer of the cheapest shipping service available at the moment of order. Non-customized products have to be returned unopened, unused and undamaged. In case the product has been used Custom Art will deduct from refund flat 400 PLN or €100 (depending on currency paid for order) restocking fee.

Any order outside European Union is final and cannot be cancelled after entering production or returned after being shipped.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Funds will be returned within 14 days after receiving the signed corrective invoice.

9. CANCELLATION BY US

We reserve the right to cancel the contract between us if, for example:

• We have insufficient stock to deliver the goods you have ordered; or
• We do not deliver to your area; or
• One or more of the goods you ordered was listed at an drastically incorrect price.

If we do cancel your contract we will notify you by e-mail and will provide full refund as soon as possible, no later than within 14 days from cancellation.

10. LIABILITY

To the extent not prohibited by law, we accept no liability for any:

• loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
• loss which arises when we are not at fault or in breach of these Terms of Use; and
• business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).

Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence; (c) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (d) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

11. EVENTS BEYOND OUR CONTROL

We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

12. GENERAL

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms of Use and the remainder of the provision in question will not be affected.

No person other than you and us shall have any rights to enforce our agreement.

If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.

We may update, vary and amend these Terms of Use from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site). Please check this site to ensure that you understand which Terms of Use and Conditions apply.

13. LAW AND JURISDICTION

These terms are governed by Polish law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by Polish law. You and we both agree that the courts of Poland will have non-exclusive jurisdiction.