ONLINE SHOP TERMS AND CONDITIONS MARTAGALLERY
§ 1. GENERAL PROVISIONS
1. Terms and Conditions of the https://martagallery.com define the terms and conditions of use of the Website, as well as the type and scope of services provided electronically through the Website by the Service Provider, i.e. Marta Zawadzka, doing business under the name MARTA ZAWADZKA MARTAGALLERY.COM, ul. Świętokrzyska, 30/55, 00-116 Warsaw, NIP: 9661556549. Contact with the Service Provider is possible at the e-mail address: info@martagallery.com.
2. The Terms and Conditions are made available to Users in electronic form on the Website in such a way that they can store and reproduce the Terms and Conditions in the ordinary course of business. By using the Services of the Website, the User declares that he/she has read, understood and agreed to all the terms and conditions contained in these Terms of Service.
§ 2. DEFINITIONS
1. Working days - days from Monday to Friday with the exception of public holidays;
2. Delivery - the actual act of supplying the Customer, through the Seller, with the Product specified in the Order;
3. Supplier - the entity with which the Seller cooperates in making the Delivery of the Products;
4. Registration form - a form available on the Website for creating a Customer Account;
5. Order Form - an interactive form available on the Website which allows you to place an Order, in particular by selecting Products and specifying the method of Delivery and payment;
6. Customer - a natural person, a legal person or an organisational unit without legal personality, to whom the Act grants legal capacity, who has concluded an agreement with the Seller. Within the meaning of these Terms and Conditions, the Customer is also a User of the Website;
7. Customer Account - a collection of resources and rights assigned to the Customer. Within the Customer Account, the data provided by the Customer and information about Orders placed by the Customer in the Store are collected;
8. Products - goods offered by the Seller as part of the Online Shop;
9. Terms and Conditions - this document setting out the terms and conditions of use of the Website and the terms and conditions of use of the Newsletter ;
10. Online Shop/Website - means the website operated by the Service Provider at https://martagallery.com, through which it is possible to use the Services and conclude a Sales Agreement;
11. Seller/Service Provider - Marta Zawadzka, conducting business under the name MARTA ZAWADZKA MARTAGALLERY.COM, Świętokrzyska 30/55 street, 00-116 Warsaw, NIP: 9661556549;
12. Sales Agreement - a contract of sale of a Product concluded between the Customer and the Seller via the Online Shop;
13. Service or Services - a service provided electronically by the Service Provider to the User via the Website, including in particular Services such as: User Account, Contact Form, Order Form, Newsletter;
14. User - a natural person, a legal person or an organisational unit without legal personality, to which the Act grants legal capacity, using the services provided by the Service Provider as part of the Online Shop.
§ 3. CONDITIONS OF USE OF THE ONLINE SHOP
1. Browsing the Products offered in the Online Shop does not require registration.
2. Registration is not necessary to place an order in the Online Shop. However, the Customer may create a Customer Account, the lack of which, does not affect the possibility of browsing the Products offered in the Online Shop or placing an order.
3. Registration is free of charge by correctly filling in all fields of the Registration Form and accepting the consents specified therein. When completing the Registration Form, the Customer has the opportunity to read the Terms and Conditions by accepting their content.
§ 4. PERFORMANCE OF THE CONTRACT
1. The Customer can place orders in the Online Shop 7 days a week, 24 hours a day.
2. To place an order, please:
1) use the option to place an order with or without registration;
2) select Product;
3) correctly fill in the Order Form, which contains information concerning in particular the details of the recipient of the order, the place and form of Delivery as well as the form of payment; or
4) with regard to the paintings - ,,art work one of kind" or limited edition print , an e-mail enquiry should be sent to the Service Provider. All details regarding these paintings are agreed with the Customer outside of the Website, within the framework of direct contact, including in particular email contact. This means that the provisions of the Terms and Conditions do not apply to these paintings, in particular those determining such issues as: the method of placing an order, delivery, method of payment, date of delivery, costs of delivery. These issues are determined between the Seller and the Customer regardless of the content of these Terms and Conditions.
3. The Customer who does not have a Customer Account, in order to make an order in the Online Shop, is obliged to accept consents specified on the Order Form.
4. Once the Customer has completed the information set out in the Order Form, the Customer validates the order and then proceeds to the payment stage.
5. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of Delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement by completing all the required fields of the Order Form and proceeding to the payment process.
6. The prices given in the Online Shop are given in Polish zloty and are gross prices (including VAT).
7. Once the order has been placed, the Seller sends a confirmation of the order to the e-mail address provided by the Customer.
§ 5. DATE AND FORM OF PAYMENT
1. The Seller reserves the right to change prices and quantities of Products offered in the Online Shop. The price applicable to the Customer shall be the price quoted in the Online Shop at the time of properly completed and submitted Order Form and confirmed by the Seller in the manner specified in § 4.7.
2. The Customer may make payment for the ordered Products in the forms provided by the Seller and specified in the Online Shop.
§ 6. DELIVERY
1. There is a charge for the delivery of the ordered Product by the Customer. When completing the Order Form, the Customer is informed of the forms of Delivery available, as well as the cost of each form.
2. The Seller shall carry out the Delivery in the territory of the Republic of Poland.
3. The total price for the purchased Products, including the costs of Delivery, is presented to the Customer as set out in § 4.5.
4. If the Customer fails to collect the Product delivered by the Seller, the Seller shall make an additional Delivery only at the Customer's instruction at a date agreed with the Customer for an additional fee agreed individually. The additional Delivery will be made by the Seller after the Customer accepts in writing or by e-mail the agreed date of the Delivery and the related fee.
5. An additional Delivery will be made by the Seller after the Customer has accepted the agreed Delivery date in writing or by e-mail and has paid the related fee.
6. The ordered Products are delivered to the Customer via the Supplier to the address indicated by the Customer in the order. The Seller shall not be liable for any delays in Delivery attributable to the Supplier.
7. The Customer should examine the delivered consignment immediately after delivery. In the event of any defect or damage to the consignment, the Customer shall have the right to require an employee of the Supplier to write a proper protocol. If the protocol is not written down or if no defects are reported, the Customer shall lose his/her rights in this respect.
8. The Customer has the possibility to collect the ordered goods in person, if such an option is available when placing an order. The collection can be done at the place and time indicated by the Seller via e-mail or telephone.
§ 7. WITHDRAWAL FROM THE CONTRACT
1. Subject to paragraph 4 below, the Customer who is a consumer may, within 14 days from the date of Delivery of the ordered Products, withdraw from the Sales Agreement without stating a reason. Sending the declaration before the deadline is sufficient to meet the deadline.
2. The exercise of the right of withdrawal is subject to the Customer's submission of a declaration of withdrawal. The Customer may use the form of declaration of withdrawal which is attached to these Terms and Conditions. The Customer may send the statement in question to the address of the Seller's registered office, or may send a scan of the completed and signed form by e-mail to: info@martagallery.com.
3. The Customer is obliged to attach the proof of purchase of the Products to the declaration of withdrawal.
4. The Customer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
5. The Customer is obliged to return the Products for which he/she has made a declaration of withdrawal within 14 days from the day on which he/she made the declaration of withdrawal. It is sufficient to send back the Products before the deadline.
6. The Products shall be returned at the Customer's expense.
7. The Seller shall, within 30 days from receipt of the Customer's declaration of withdrawal from the Sale Agreement, refund to the Customer the payment made by the Customer for the returned Products. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund.
8. The Seller may withhold the reimbursement of the payments referred to in paragraph above until the Customer has returned the Products to which the withdrawal relates.
9. The Customer shall not have the right of withdrawal if he has concluded the Sales Agreement in the course of his business activity, i.e. as an entrepreneur.
§ 8. TECHNICAL REQUIREMENTS
1. In order to use the Website, the Customer must have Internet-enabled devices, a connection to the Internet, a browser capable of displaying web pages, e.g. Internet Explorer versions 5.5 and above, or Opera versions 7 and above, or Firefox versions 1 and above, or Google Chrome versions 5.0 and above, or Safari 5 or above, with cookies enabled, support for encrypted SSL connections and JavaScript, an active electronic mail (e-mail) account for the use of individual Services, and a program that reads files in PDF (Portable Document Format).
2. The Service Provider reserves the right to change the technical requirements for the provision of electronic services.
3. The Service Provider is not responsible for the Customer's failure to comply with the technical requirements listed in the Terms and Conditions.
4. The Service Provider warns that the use of electronic services may involve technical risks, classic to the use of IT systems. The Customers should protect their electronic connections and devices against unauthorised access, including in particular the installation of anti-virus software.
§ 9. NEWSLETTER
1. The Newsletter service is free of charge and consists of sending information and promotional content prepared by the Service Provider.
2. The Newsletter is made available to Users by the Service Provider upon their express request and free of charge - at no stage will the User be obliged to bear the costs of the Newsletter, except for the costs resulting from the User's use of means of distance communication (in particular the cost of Internet access), which the User shall bear himself.
3. The use by the User of information and promotional content (Newsletter) shall take place according to the rules set out in these Terms and Conditions and in accordance with the Act on Provision of Electronic Services and the Act on Consumer Rights and shall be tantamount, upon express acceptance of this fact during registration of the e-mail address on the Site, to:
1) the User's declaration of acceptance of all provisions of the Terms and Conditions;
2) the User agrees to receive the Newsletter immediately.
4. The User may cancel the Newsletter Service at any time.
5. The Newsletter contains information and promotional content concerning the Website, the Service Provider, the Products offered within the Online Shop.
6. Receipt of the Newsletter by the User requires the following actions (all conditions must be fulfilled together):
1) acceptance by the User of the provisions of these Terms and Conditions;
2) that the User consents to the processing of the User's personal data by the Service Provider for the purposes of using the Newsletter and for marketing purposes, in particular to receive commercial information from the Service Provider.
The consents referred to in points 1) and 2) are expressed by clicking on the appropriate field when entering the e-mail address in the Newsletter form contained on the Website.
7. Upon the User's consent to receive the Newsletter, the Service Provider shall send the User an e-mail confirmation of the conclusion of the agreement, which means that an agreement for the provision of electronic services for an indefinite period of time is concluded between the parties.
8. Consent to sending information and promotional content and processing of the User's personal data by the Service Provider may be withdrawn by the User at any time by sending an e-mail to: info@martagallery.com - with title: resignation , which is tantamount to resignation from the Newsletter service and results in termination of the contract for the provision of this service.
9. The User shall be entitled to lodge complaints regarding the Newsletter Service in accordance with the provisions hereof.
§ 10. COPYRIGHT AND RELATED RIGHTS
1. Copyright and related rights to the Website as a whole and to its individual parts, graphic, verbal or musical elements, as well as the rights of composition of these elements and their arrangement on the Website, belong to the Service Provider.
2. The Customer is not entitled to use or exploit the materials made available on the Website in whole or in part without the separate consent of the Service Provider, in particular the Customer is not entitled to download, save to data carriers, copy or modify in any way the materials placed on the Website.
3. The use of materials posted on the Website in a manner inconsistent with the provisions of these Terms and Conditions shall constitute an infringement of the Service Provider's rights.
4. The Customer undertakes, in particular, to respect the Service Provider's copyrights and rights arising from the registration of inventions, patents, trademarks, utility models and industrial designs.
5. The Customer declares that any content posted by the Customer on the Website does not infringe any copyright or personal rights of third parties.
§ 11. COMPLAINTS PROCEDURE
1. The Customer has the right to lodge a complaint if the Services provided for in the Terms and Conditions are not provided or are not provided in accordance with the provisions of these Terms and Conditions. Complaints should be submitted in writing to seller's registered office or in electronic form to the e-mail address info@martagallery.com.
2. A correctly sent complaint shall be considered within 30 days of receipt. This period may be extended if consideration of the complaint requires special knowledge or encounters other difficulties beyond the Service Provider's control or if it is necessary to obtain additional information from the Customer. The time taken by the Customer to provide additional information shall in each case extend the time for consideration of the complaint.
3. The Service Provider reserves the right not to respond to a manifestly unfounded complaint, in particular to the extent that the complaint has already been dealt with previously in relation to the Customer in question.
4. By submitting a complaint electronically, the Customer agrees to receive a response from the Service Provider also in electronic form.
§ 12. FINAL PROVISIONS
1. The Service Provider has the right to amend the Terms and Conditions without giving any reason. The Service Provider will inform about the changes in a visible place on the Website. If the User does not agree with the change of the Terms and Conditions, he/she has the right to terminate the contract for the provision of electronic services.
2. The recognition of any provision of these Terms and Conditions as unlawful shall not affect the effectiveness and validity of the remaining provisions of the Terms and Conditions.
3. Issues relating to the protection of personal data and the Service Provider's use of cookies are described in the Privacy Policy available on the Website.
4. The provisions of these Terms and Conditions and any disputes between the Service Provider and the User shall be governed by Polish law.
5. In the event that the User is a businessman, disputes arising from the performance of this Agreement shall be settled by the court of competent jurisdiction for the Service Provider's registered office. If the User is a consumer, disputes arising from the performance of this Agreement shall be settled by the court of general jurisdiction.
6. The Customer, being an entrepreneur, is not entitled to warranty rights on sale.
7. The Customer, who is a consumer, has the right to make use of out-of-court means of dealing with complaints and claims. For this purpose, the Customer has the possibility to resolve disputes electronically via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
8. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily stop or limit the provision of the Services, without prior notice to the Users. In particular, the Service Provider is entitled to carry out maintenance work to restore the security and stability of the ICT system. The User has no claim in connection with the interruption or discontinuation of the Services by the Service Provider.