FINE ART PRINTS
TERMS & CONDITIONS
The following terms used in these Regulations of wandagallery.net gallery, hereinafter referred to as the “Regulations”, are to be understood as follows:
a. “Seller”– SUMMER STUDIO Wojciech Wojtczak with its registered office in Warsaw at ul. Żurawia 24a/8 , 00-515 Warsaw, NIP (Tax Identification Number): 8330005022, REGON (National Business Registry Number): 750411053 e-mail address: email@example.com, b. “Gallery”– an online Wanda Gallery www.wandagallery.net and its subpages,
c. “Client”– each person who concluded an agreement on creating an account with the Seller or without creating such account place an order in the Gallery; this term also means a person who has no Account and is placing an order,
d. “Account”– a Client’s account created by the Client in the Gallery in accordance with the rules stipulated in the Regulations,
e. “Consumer”– a person defined in Article 221 of the Polish Civil Code, that is a natural person performing a legal act with an entrepreneur, which is not directly related to their economic or professional activity.
II. General provisions
The Regulations stipulate the rules of rendering electronic services by the Seller for the benefit of the Clients, consisting in making it possible for them to create their own Account in the Gallery, and then concluding on the Internet sales agreements for works of art offered by the Gallery at the prices indicated on its relevant subpages.
The contents presented on the sites of the Gallery, in particular announcements, advertisements, price lists and other information, do not constitute an offer within the meaning of the provisions of Articles 66 and 661 of the Polish Civil Code, but rather an invitation to tender.
Both pictures and descriptions of works of art as well as other materials available on the home page and subpages of the Gallery constitute intellectual property of the Seller or holders of copyrights for works. Using such materials without a consent of the Seller or holders of copyrights may constitute a breach of copyrights.
Prices of works of art offered by the Gallery are expressed in EURO and include VAT. The Seller may modify the assortment of the Gallery, prices of works of art as well as organize and cancel promotion campaigns. Such changes do not affect the sale agreements for particular works of art already concluded with the Clients. The prices given in the Gallery do not include the costs of delivery outside the European Union.
It is possible to make a purchase in the Gallery after creating an Account as well as without it, by phone or e-mail.
The Gallery ships orders in the territory of Poland as well as outside Poland. Orders from other countries are executed on the basis of individual arrangements with the Client made by e-mail, including in particular the amount of delivery costs.
In order to be able to use the Gallery, it is not necessary for the Client’s computer or any other device to fulfill any special technical requirements. It is enough to: have access to the Internet, hold an e-mail address as well as have standard operating system and web browser. In order to be able to properly use the Account and place an order, it is required that the web browser process cookies. Cookies are used to maintain the Client’s session after logging in to the Account and maintain the procedure of placing orders as well as to ensure the correct functioning of the website and for statistical purposes. It is possible to remove such cookies later by choosing proper options available in the browser or by means of other software. Detailed information related to cookies are presented in the provisions of § 28-30 of these Regulations.
III. Creating an Account in the Gallery (optional)
1. A person who wishes to conclude an agreement for creating an Account in the Gallery with the Seller should click “Register” available on the home page of the Gallery and provide their e-mail address and password to the Account. It is necessary to accept the Regulations in order to send a form and finish the registration procedure. 2. Both the e-mail address and password will be used to log in to the Account. 3. It is forbidden to give remarks of unlawful nature in the form. 4. After sending the registration form, the Client will be requested to confirm the registration by clicking “Confirm registration” link in the mail generated by the Gallery as a result of receiving the form. The e-mail with the link confirming the registration constitutes the Seller’s offer addressed to a future Client with regard to the conclusion of an agreement for creating an Account in the Gallery. Clicking the above mentioned link is equal to accepting the Seller’s offer referred to in the previous sentence. At that moment, the Seller and a person who filled out the registration form conclude an agreement on creating an Account in the Gallery.
6. If the Client is a Consumer, the Client has the right to withdraw from the agreement on creating an Account, without giving reasons therefor, within 14 days of its conclusion, that is of the moment stipulated in the provisions of item 4 of this paragraph. The provisions of § 17 items 2-4 apply accordingly.
7. An agreement on creating an Account may also be concluded when placing an order, in accordance with § 13 item 4. In such situation, the provisions of items 1-6 of this paragraph apply directly.
The Client should keep their data used to log in to the Gallery in a safe place so that unauthorized persons cannot get access to such data.
Having created the Account, the Client may edit their address data as well as review the history and details of their orders.
IV. Placing and accepting orders
1. Works of art are sold on the basis of orders placed by the Client. The Client may place an order after logging in to the Account or without such logging in, after providing all data necessary to execute the order, contacting the Gallery at +48 882 188 018 or by e-mail: firstname.lastname@example.org
2. Orders may be placed 24/7.
1. In order to conclude a sale agreement for a work of art with the Seller, after selecting a work of art the Client should click the icon indicating the price with a black field indicating “Add to Cart”. Works of art in the shopping cart have not been ordered yet and the Client may add other works of art to the shopping cart, delete some of them as well as resign from placing an order.
2. Having added all works of art that the Client wishes to purchase to the shopping cart, the Client should click “ORDER”. The Client will be forwarded to the site with a summary of the shopping cart.
3. Having verified the shopping cart, the Client should click “Proceed”. At this stage, the Client indicates a delivery address and may give additional remarks to the order. It is forbidden to give remarks of unlawful nature.
4. If the Client already has an Account, the Client may log in by clicking “Login” or choosing option “Login with Facebook”. If the Client does not have an Account, the Client should create an Account at this stage to place an order by following the registration procedure in accordance with the provisions of § 9.
5. Then, the Client chooses both delivery and payment methods which are indicated in the paragraph below.
6. Works of art shown in the shopping cart along with their prices as well as the delivery and payment methods along with their cost constitute an offer to purchase such works of art addressed by the Seller to the Client. Having clicked “Order”, the Client accepts the offer of the Seller, which results in concluding an agreement. Then, the Seller sends an e-mail with a confirmation of the terms of the agreement concluded.
7. In the event of the payment method “Fast online Stripe transfer” or “Payment via PayPal”, after clicking “Order” the Client will be forwarded to the website of an operator of Stripe or PayPal system. Payments are effected on the basis of the regulations available on the website of an entity servicing online payments.
V. Delivery and payments
1. Methods, costs and dates of delivery of goods are stipulated individually for each order placed. The following payment methods are available: traditional transfer, fast online Stripe transfer, payment via PayPal. Forms of delivery available are courier shipment. The Client should effect the payment within 3 days of concluding the sale agreement.
3. Costs related to the processing of payments and delivery of a work of art are borne by the Client. Delivery cost in UE is 0 euro. Costs of sending a work of art outside the UE are determined individually. For this purpose, before placing an order, you should contact the Gallery via e-mail or phone.
4. Delivery time should not be longer than 10 business days counting from the day when the payment is credited to the bank account of the Gallery. In special cases, if the delivery time is longer than 10 days, the Gallery contacts the Client in order to inform them of such a delay and its cause.
The order is accompanied by a sales note, which is compliant with tax regulations, as well as a certificate of authenticity.
The Seller points out that the Client may check the consignment, open it and check the completeness of the order in the presence of the courier. In the event of any irregularities, the Seller advises preparing a loss report.
VI. Returns and complaints
1. If the Client is a Consumer, the Client has the right to withdraw from the sale agreement concluded with the Seller, without giving reasons therefore, within 14 days. The deadline for withdrawing from the agreement expires after 14 days of the day when the Client came into possession of the item or when a third party other than a carrier and indicated by the Client came into possession of the item. If the subject matter of the agreement is several items, which are delivered separately, this deadline expires after 14 days of the day when the Client came into possession of the last of those items or when a third party other than a carrier and indicated by the Client came into possession of the last item. 2. In order to be able to exercise the right to withdraw from the agreement, the Client should inform the Seller of their decision on withdrawal from the agreement by means of a unequivocal statement (made for instance in writing and sent by mail or e-mail to the address of the Seller indicated in § 1(a) of these Regulations).
3. The Client may use a model withdrawal form available at ( Return form PDF ), however, it is not obligatory.
4. In order to adhere to the deadline for withdrawal, the Client must sent the information on the exercising of their right to withdraw from the agreement before the deadline for withdrawing from the agreement expires.
5. The right to withdraw from the agreement is not applicable if the subject matter of the agreement is a non-prefabricated good manufactured according to the Client’s specification or intended for satisfying their individual needs.
6. In the event of withdrawal, the Seller returns the Client all payments received from them, including costs of delivery (except additional costs resulting from a method of delivery selected by the Client, other than the least expensive normal method of delivery offered by the Seller), immediately, and in any case not later than 14 days of receipt of the Client’s statement of withdrawal. The Seller will return the payment by means of the same payment methods which were used by the Client for the purpose of the original transaction, unless the Client has expressly agreed to a different solution; in any case the Client will not incur any fees in relation to such return.
7. The Seller may withhold the return of payment until the items are received or until a confirmation of their return is received, whichever occurs earlier.
8. The Client should send back or provide the item to the Seller immediately and in any case not later than within 14 days of the day when the Client informed the Seller of the withdrawal. This deadline is deemed to have been observed if the Client sends the item back within 14 days.
9. The Client incurs indirect costs of returning things.
10. The Client is only liable for decreasing the value of things resulting from using such things in a manner different than it was necessary to observe its nature, properties and functioning.
1. The Seller informs the Clients that the Seller is obligated to deliver the item ordered free of defects.
2. Complaints may be filed in writing to the address of the Seller indicated in § 1 (a) or by e-mail to the following e-mail address: email@example.com. 3. Complains should include Client’s data, an order reference number (i.e. data allowing its identification) and a description of the event constituting the basis for such complaint. 4. Complains are considered within 14 days of their receipt by the Seller. VII. Duration of the agreement on creating an Account
The agreement on creating an Account in the Gallery with the Client is concluded for indefinite period.
1. The Client may at any time terminate the agreement on creating an Account in the Gallery by sending a notice of termination to the address of the Seller indicated in § 1 (a), by e-mail at firstname.lastname@example.org or in any other manner. The agreement will be terminated upon receiving such notice of termination by the Seller.
2. The Seller may only terminate the agreement on creating an Account in the Gallery in the following situations:
a. when the Seller ceases to run the Gallery,
b. when the Client provides unlawful information in the registration form o when purchasing goods.
In such case the agreement on creating an Account in the Gallery is terminated upon a one-week period of notice.
VIII. Personal data
1. In order to be able to use the services of the Gallery, i.e. creating an Account, taking advantage of a newsletter or placing an order, the Client must fill out a relevant form. It is required that the Client provide specific personal data. The Client may also provide their personal data for the purposes of correspondence with the Seller to make it possible for the Seller to reply.
2. Providing your personal data is voluntary but necessary to take advantage of the above mentioned services offered by the Gallery. Failure to provide your personal data will render such services impossible.
3. Any personal data that the Client provides in the registration form or in the correspondence with the Seller is processed in a manner compliant with the requirements stipulated in Polish law, and in the first place in the Act of 29 August 1997 on Personal Data Protection as well as the Act of 18 July 2002 on Rendering Electronic Services. Starting from 25 May 2018, personal data will be processed in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as the “GDPR” (General Data Protection Regulation).
1. The Seller is the personal data controller.
2. The Seller may entrust processing of Clients’ personal data collected to another entity on the basis of an agreement on entrustment of personal data processing concluded with such entity.
1. The Client has the right to access their personal data and may verify or rectify it by sending a relevant request to the Seller. 2. From 25 May 2018 the Client will also have the right to restrict the processing and the right to data portability. If personal data is processed not in accordance with legal requirements, the Client will have the right to lodge a complaint with a supervisory authority. 3. From 25 May 2018 the Client will also have the right to object to processing of personal data, including objecting related to processing for the purposes of direct marketing.
1. The Seller processes Clients’ personal data and uses it within the scope and for the purposes necessary to provide services offered by means of the Gallery as well as for marketing purposes consisting in promoting the Seller and their services. 2. Legal basis for the processing of personal data is Article 6(1)(b)(c) and (f) of the GDPR. The controller’s legally justified interest is to carry out marketing of our own services and research on opinions.
3. On the basis of an additional and optional consent granted by the Client, the Seller has the right to sent marketing information to the e-mail address provided by the Client. The consent referred to in the previous sentence may be revoked by the Client at any time. If the Client grants their consent, the legal basis for the processing of personal data will also be Article 10 of the Act of 18 July 2002 on Rendering Electronic Services as well as Article 172 of the Act of 16 July 2004 on Telecommunications.
Personal data will be processed for the period necessary to provide services by the Seller for the benefit of the Client and once such services are finished, for the period necessary to demonstrate that the Seller fulfilled their obligations for the benefit of the Client correctly. This period corresponds to the period of limitation for claims. Personal data processed within the scope of conducting marketing activities will be processed as long as the Seller conducts such activities or until the Client revokes their consent to further processing of personal data for marketing purposes or revokes their consent to receiving marketing information to their e-mail address.
The Seller applies technical measures required by applicable laws on personal data protection, which prevent unauthorized persons from acquiring or modifying personal data sent by e-mail.
1. The Gallery uses Google Analytics, a web analytics service provided by Google Inc., hereinafter referred to as “Google”.
2. Google Analytics uses “cookies”, that is text files placed on the computer or any other device of the Client in order to make it possible for the Portal to analyze the manner in which the Clients use it.
3. Google will use such information to assess how the Portal is used by the Client, generate reports on traffic on websites for operators of websites as well as to provide other services related to traffic on websites and using the Internet.
4. Google may also transfer such information to third persons should Google be obligated to do so under provisions of law or in the case when such persons process such information on behalf of Google.
5. The User may deactivate Google Analytics by installing a free-of-charge add-on to the browser blocking Google Analytics, which is available at https://tools.google.com/dlpage/gaoptout?hl=pl .
2. The Seller uses both internal cookies, that is from the Gallery, and external ones, that is from entities other than the Seller.
3. The Seller stores cookies on the end device of the Client and then gains access to the information contained in them for the following purposes: statistical, adjusting the contents of the Gallery to the preferences of a given Client, marketing (including Internet marketing) as well as ensuring proper functioning of the Gallery, and in particular maintaining session after logging.
1. The Seller informs Clients that it is possible to configure their browsers so that storing cookies on their end devices is impossible. 2. The Seller points out that cookies may be removed by the Client after they are saved by the Seller by: appropriate functions of a browser, programs intender for this or using appropriate tools available in the operating system used by the Client.
3. Information on how to remove cookies in the most popular web browsers can be found here:
· Firefox: support.mozilla.org/pl/kb/usuwanie-ciasteczek · Opera: help.opera.com/Windows/12.10/pl/cookies.html
· Internet Explorer: windows.microsoft.com/pl-pl/internet-explorer/delete-manage-cookies#ie=ie-11
· Chrome: support.google.com/chrome/answer/95647?hl=pl
The Seller also informs the Clients that changing configuration of their browsers which makes storing cookies on their end devices impossible or limits that may result in limited functionalities of the services provided. Removing cookies when the services are provided may have similar consequences. It may make it impossible to log in to the Gallery or interrupt the session after logging in.
VIII. Changes to the Regulations
§ 31 1. The Seller has the right to change the Regulations unilaterally on the terms stipulated in the provisions of this paragraph and only in the event of one of the following reasons:
a. when the Seller introduces new services related to the Gallery, b. when the methods of payment or delivery are changed,
c. when customer journey is modified,
d. when provisions of law are changed, which results in the necessity of adjusting the Regulations to such changes, as in particular changes to the provisions on: consumer protection, rendering electronic services, personal data protection, in the event of this reason the Regulations may be changes to the extent necessary to adjust their contents to new legal requirements.
1. In the event of any of the above, the Seller informs the Clients, by sending the information to their e-mail addresses indicated by them in the Gallery, of planned changes to the Regulations along with the new Regulations. Such information will be sent to the Clients at least 14 days before such planned changes enter into force. 2. The Client who does not accepts planned changes may terminate the agreement on creating an Account under terms indicated in the provisions of § 20 of these Regulations. If the Client does not terminate the agreement on creating an Account before the day when the new Regulations enter into force, such new Regulations are binding on the Client as at the day indicated as the day of entry into force of the new version of the Regulations. 3. The changes to the Regulations do not refer to sale agreements concluded before the day of entry into force of the new version of the Regulations.
IX. Final provisions
When using the Gallery and corresponding with the Seller, it is forbidden to provide information of unlawful nature.
We inform you that at http://ec.europa.eu/consumers/odr/there is a platform for resolving disputes related to distance agreements concluded between consumers and entrepreneurs. The platform is an access point for both consumers and entrepreneurs who would like to take advantage of out-of-court resolution of consumer disputes related to online transactions.
The Regulations are available at the registered office of the Seller and at https://www.wandagallery.net/terms-conditions.
TERMS & CONDITIONS