Regulations

 TERMS AND CONDITIONS OF PHOTO GALLERY: 'PHOTOGALLERY ARTSEPIA BY KRZYSZTOF SWED'

These Terms and Conditions define the general rules and method of the sale of photographic works, the author of which is Krzysztof Swęd, by an entity owned by him, i.e. Modular-Tech Krzysztof Swęd based in Radom Poland, NIP PL7961011244 via his own Online Photo Gallery under the name 'PhotoGallery Artsepia by Krzysztof Swed' in the own domain www.artsepia.com, www.artsepia.com.pl, hereinafter referred to as PhotoGallery Artsepia and defines the principles and conditions for the provision of free services performed by PhotoGallery Artsepia. The sole owner of the company and the Artsepia artistic logo is Krzysztof Swęd,

§ 1

Basic expressions used in these Terms and Conditions:

  1. Working days: days of the week from Monday to Friday, excluding public holidays resulting from Polish legislation.

  2. Delivery: the act of delivering the Goods specified in order to the Customer by 'Photo Gallery Artsepia', through the Supplier.

  3. Supplier: an entity with which 'Photo Gallery Artsepia' cooperates with regard to the Delivery of Goods:

    a) Courier company (DPD)

    b) Polish Post

Other Definitions:

 

  1. Password: a string of letters, numbers or other characters selected by the Customer during Registration in 'Photo Gallery Artsepia', used to secure access to the Customer Account in 'Photo Gallery Artsepia'

  2. Customer: an entity for which electronic services may be provided in accordance with the Terms and Conditions and legal provisions or with which a Sales Agreement may be concluded.

  3. Consumer: a natural person who performs a legal transaction with the Seller not related directly to his business or professional activity.

  4. Customer Account: it is an individual panel for each Customer, launched on his behalf by the Seller after the Customer has registered and concluded the contract for the provision of the Customer Account service.

  5. Login: individual identification of the Customer, determined by the Customer, consisting of a string of letters, numbers or other characters, required together with the Password to set up the Customer Account in 'Photo Gallery Artsepia'. Login is the Customer’s correct e-mail address.

  6. Entrepreneur: a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal action directly related to their business or professional activity.

  7. Entrepreneur with Consumer's rights: is a natural person concluding a Sales Agreement directly related to their business activity, when the content of the Sales Agreement shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

  8. Terms and Conditions: these terms and conditions.

  9. Registration: an activity performed in the manner specified in the Terms and Conditions, required if the Customer would like to use all the functionalities of 'Photo Gallery Artsepia'

  10. The Seller is Krzysztof Swęd running a business under the name Modular-Tech Krzysztof Swęd with its registered office in Radom, NIP: PL7961011244, entered into the Central Register and Information on Economic Activity conducted by the Minister of Development, Labor and Technology; e-mail: artsepia@wp.pl , who is also the owner of 'Photo Gallery Artsepia'.

  11. Website: 'Photo Gallery Artsepia'; websites under which the Seller conducts the Sale, i.e. the domain www. artsepia.com, www.artsepia.com.pl

  12. Goods: the products presented by the Seller through the 'Photo Gallery Artsepia', which may be the subject of the Sales Agreement in the form of photographs on any media such as paper, glass, metal, etc., the creator of which is Krzysztof Swęd who holds all copyrights. 'Artsepia' art logo. Copyright cannot be sold.

  13. Durable medium: a permanent way of storing information personally addressed to the Customer and (or) the Seller, in a way that allows access to the information in the future for a period appropriate to the purposes for which this information is used, and which allows the stored information to be restored unchanged.

  14. Sales Agreement: a sales agreement concluded remotely between the Customer and the Seller, on the terms set out in the Terms and Conditions.

§ 2

Rules for Using the Online Photo Gallery Artsepia

  1. All rights to 'Photo Gallery Artsepia', including proprietary copyrights, intellectual property rights to its name, its Internet domain, Website, as well as to patterns, forms, logos posted on the Photo Gallery Website (with the exception of logos and photos presented on the Store's Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller.

  2. The Seller uses "cookies" (Cookies Policy).

  3. In order to place an order at 'Photo Gallery Artsepia' via the 'Photo Gallery Artsepia' Website and to use the services provided electronically via the ' Photo Gallery Artsepia' Website, the Customer must have an active e-mail account.

  4. The Customer must not provide illegal content and use the 'Photo Gallery Artsepia', the 'Photo Gallery Artsepia' Website or free services provided by the Seller in a manner that is against the law, decency or infringes the personal rights of the Seller and third persons.

  5. The Seller declares that he never requests the Customer to provide him with the Password in any form.

§ 3

Registration to the 'Photogallery Artsepia'

  1. In order to create the Customer Account, the Customer is obliged to undergo a free Registration process.

  2. Registration is not required to place an order at 'Photo Gallery Artsepia'.

  3. In order to register, the Customer should complete the registration form provided by the Seller on the 'Photo Gallery Artsepia' Website and send the completed registration form electronically to the Seller by selecting an appropriate function in the registration form. During the Registration, the Customer sets an individual Password.

  4. When completing the registration form, the Customer has the opportunity to read the Terms and Conditions and accept their content by marking the appropriate field in the form.

  5. After submitting the completed registration form, the Customer shall immediately receive confirmation of the Registration by the Seller, which is sent to the e-mail address provided in the registration form. At this moment, a contract is concluded for the electronic provision of the Customer Account Service, and the Customer gains the ability to access the Customer Account and make changes to the data provided during the Registration. It may be necessary to confirm the Registration via the link provided in the e-mail message, which confirms and ends the registration process.

§4

Order Placement

  1. The information contained on the 'Photo Gallery Artsepia' Website does not constitute an offer of the Seller within the meaning of the Civil Code but is only an invitation for Customers to submit offers to conclude a Sales Agreement.

  2. The Customer can place orders in the Online 'Photo Gallery Artsepia' via the 'Photo Gallery Artsepia' Website 7 days a week, 24 hours a day.

  3. The first step that the Customer of 'Photo Gallery Artsepia' should take is to correctly choose the language associated with the delivery area and the currency by selecting the options on the website, additionally marked with flags:

  1. Polish / Poland - currency (PLN) purchases in PLN in Poland

  2. English / Great Britain currency (€) (European Union, Great Britain, Norway, Switzerland)

  3. English / United States currency ($) (United States of America, Canada, Australia, New Zealand, Japan)

  4. Note. 'Photo Gallery Artsepia' is not responsible for the delivery of Goods to individual countries and delivery times. Due to the global COVID pandemic, the situation can constantly change. Therefore, appropriate solutions will be taken on an ongoing basis.

    Next steps:

  1. The Customer placing an order via the 'Photo Gallery Artsepia' Website completes the order by selecting the Goods they are interested in. The Goods are added to the order by selecting the "ADD TO CART" button under the given Goods presented on the 'Photo Gallery Artsepia' Website. After completing the entire order and indicating the method of Delivery and the form of payment in the "CART", the Customer places the order by sending the order form to the Seller, selecting the order completion button on the 'Photo Gallery Artsepia' Website. Each time before sending the order to the Seller, the Customer is informed about the total price of the selected Goods and Delivery, as well as about all additional costs that they are obliged to incur in connection with the Sales Agreement.

  2. When placing an order, the Customer is also informed about any loyalty points or discounts obtained as a result of previous orders or about the possibility of using promotional coupons / see Loyalty Program §5 /.

  3. By placing an order, the Customer submits an offer to conclude an Agreement for the sale of the Goods that are the subject of the order.

  4. After placing the order, the Seller sends the confirmation of its placement to the e-mail address provided by the Customer along with a link through which the Customer shall additionally confirm the order.

  5. Then, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for completion is the Seller's declaration of acceptance of the offer. The Sales Agreement is concluded upon its receipt by the Customer.

  6. After the conclusion of the Sales Agreement, the Seller confirms its conditions to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address provided by the Customer during Registration or placing an order.

§5

Loyalty Program 'Photo Gallery Artsepia'

Loyalty Points/Discounts:

  1. 'Photo Gallery Artsepia' introduces a one-time percentage discount for purchases in 'Photo Gallery Artsepia' in the amount of 5% on the total cost of the order from the cart for all Goods for each new customer who has registered in the 'Photo Gallery Artsepia'. The discount is calculated on the gross amount, excluding delivery costs, if applicable.

  2. 'Photo Gallery Artsepia' may introduce a restriction on granting a discount referred to in §5 point 1 in the case of intentional actions of the Customer to obtain points by multiple registrations, including registration, deregistration, re-registration in the 'Photo Gallery Artsepia'.

  3. 'Photo Gallery Artsepia' can carry out loyalty campaigns in the form of awarding points depending on the amount of purchases, in the following manner:

  1. 1 point means each full PLN 100 (PLN) that can be converted into the purchase currency in accordance with the current exchange rate of the National Bank of Poland on the day of purchase.

This means that if the customer spends PLN 90 (PLN), they will not get any point; if they spend, for example, the amount of 460 PLN, they will receive 4 points.

Points are collected only on the accounts of registered Customers of 'Photo Gallery Artsepia'.

  1. Points are added after completing the order with the relevant information on the Customer's individual account in 'Photo Gallery Artsepia' as well as in the e-mail sent to the Customer.

  2. For expressing consent to receive the Newsletter, 1 point is added once.

  3. Points are deducted in the event of a complaint or refund in the amount resulting from the order value and awarded in accordance with §5 .

  4. The points are converted into discounts after the Customer reaches the following point thresholds in the 'Photo Gallery Artsepia':

    1) 2% discount on 5 collected points (first threshold)

    2) 5% discount on 10 points collected

    3) 10% discount on 20 points collected

    4) 12% discount on 30 points collected

    5) 15% discount on 50 points collected (last threshold)

Loyalty Coupons:

  1. 'Photo Gallery Artsepia' can also introduce loyalty coupons expressed in amounts or percentages in certain periods, e.g. between the 15th and 20th of a given month of a given year. By entering the coupon, the Customer will receive a discount on the order amount in the form of a percentage of the order amount or in the form of the amount discount, which will be deducted from the order amount.

  2. Detailed information about the coupons can be communicated via Facebook, Instagram and websites administered by Photo Gallery Artsepia, e.g. in the Newsletter.

  3. Coupons may also be awarded for specific activities of the Customer, e.g. for promoting 'Photo Gallery Artsepia' websites on a social network, promoting social profiles administered by the Seller.

§6

Payment

      1. The prices on the 'Photo Gallery Artsepia' Website specified next to the given Goods are gross prices, and they do not include information on any other costs that the Customer will be obliged to incur in connection with the Sales Agreement.

      2. The Customer will be informed about any additional costs when choosing the method of Delivery and placing an order.

      3. The basic currency for the valuation of the goods of the Photo Gallery is € (Euro), and according to its current NBP exchange rate in Polish zlotys, PLN.

      4. Payment for the selected goods should be made within 3 working days from the moment of order confirmation

      5. The Customer may choose the following forms of payment for the ordered Goods:

        a.traditional transfer

        b.cash on delivery (Polish post office)

        c.PayPal

      1. Cash on delivery, payment made to the Supplier upon the Delivery (in this case, the completion of the order will begin after the Seller sends the confirmation of the acceptance of the order to the Customer). (Applies only to customers from Poland)

      2. The Customer is each time informed by the Seller on the Gallery Website about the date on which they are obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.

      3. If the Customer does not make the payment by the deadline referred to in §6 point (4) of the Terms and Conditions, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable medium. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the agreement on a durable medium pursuant to art. 491 of the Civil Code.

§7

Customs and tax costs related to the Goods purchased from PhotoGallery Artsepia applicable in the Customer’s country

  1. Note!!! PhotoGallery Artsepia does not cover any customs, tax or other costs occurring in the country of the Delivery indicated by the Customer.

  2. All customs duties occurring in the Customer's country are covered by the Customer without charging them to PhtotGallery Artsepia in the amount consistent with the customs, tax and legal regulations in force in a given country.

§8

Delivery

  1. The Seller carries out the Delivery to Poland and the following countries: European Union, Great Britain, Norway, Switzerland, Canada, USA, Australia, New Zealand, and others after prior agreement on the form and costs of Delivery.

  2. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.

  3. The Seller publishes information on the number of Working Days needed to take delivery on the 'Photo Gallery Artsepia' Website.

  4. The Delivery Date depends on the Supplier. The Seller makes every effort to keep it as short as possible

  5. The Seller will send the shipment number to the Customer for the purpose of monitoring the Delivery at the Supplier's.

  6. The deadline for the delivery and completion of the order indicated on the 'Photo Gallery Artsepia' Website is counted in Working Days from the date of concluding the Sales Agreement if the Customer chooses the "cash on delivery " payment option. With the proviso that cash on delivery option can only be selected in Poland.

  7. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.

  8. On the day of sending the Goods to the Customer, the information confirming sending the parcel by the Seller is sent to the Customer's e-mail address.

  9. The Customer is obliged to inspect the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand from the Supplier's employee draws up the appropriate protocol.

  10. The Seller, in accordance with the Customer’s will, attaches a receipt (invoice) or a VAT invoice covering the delivered Goods to the shipment being the subject of the Delivery.

  11. In order to receive a VAT invoice, the Customer should declare at the time of purchase that they are purchasing the Goods as an Entrepreneur (taxpayer). The above declaration is made by marking the appropriate field in the order form before sending the order to the Seller.

§9

Warranty

  1. The Seller excludes the liability under warranty towards Customers who are Entrepreneurs and are Entrepreneurs with Consumer's rights.

  2. The Seller provides the delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the product has a physical or legal defect (warranty).

  3. If the Product has a defect, the Customer may:

  1. submit a declaration of a price reduction or withdrawal from the Sales Agreement, unless the Seller replaces the defective Product with a Product free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or to remove the defects. The Customer may, instead of the removal of the defect proposed by the Seller, demand to replace the Product with a Product free from defects, or instead of the Product replacement, demand that the defect be removed, unless it is impossible to bring the Product into conformity with the agreement in the manner selected by the Customer or it would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.

  2. The Customer who exercises the rights under warranty is obliged to deliver the defective item to the address of the Seller, covering the cost of delivery.

  3. The Seller is liable under the warranty if a physical defect is found within 18 months of the Goods being delivered to the Customer.

  4. A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year, but this period may not end before the expiry of the period specified in the first sentence.

  5. The Seller enables the Customer who is a Consumer to handle the consumer dispute by means of out-of-court resolution.

§10

Complaints

  1. Within 14 days from the date of the request containing the complaint, the Seller will respond to the complaint regarding the Goods or the complaint related to the implementation of the Sales Agreement submitted by the Customer.

  2. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address artsepia@wp.pl. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but not later than within 14 days, consider complaints and provide the Customer with a reply.

§11

Guarantee

  1. The Goods sold by the Seller are covered by a 12-month guarantee provided by the Author of the Photograph.

  2. In the case of Goods covered by the guarantee, information on the existence and content of the guarantee is each time presented on the Store's Website.

§12

Withdrawal from the Sales Agreement

    1. The Customer who is a Consumer and an Entrepreneur with Consumer rights who concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.

    2. The period for withdrawal from the Sales Agreement starts from the moment the Goods are acquired into possession by the Consumer, the Entrepreneur with the Consumer's rights or a third party designated by them, other than the carrier.

    3. The Consumer and the Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted via e-mail to the address of the Seller, i.e., artsepia@wp.pl

    4. In the event of withdrawal from the Sales Agreement, the Agreement is considered void.

    5. If the Consumer or an Entrepreneur with Consumer rights submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.

    6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur's statement on withdrawal from the Sales Agreement, return all payments made by them, including the cost of Delivery of the Goods to the Consumer or Entrepreneur with Consumer's rights. The Seller may withhold the reimbursement of payments received from the Consumer or Entrepreneur with the Consumer's rights until the Goods are returned.

    7. The Consumer or Entrepreneur with the Consumer's rights is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods at own expense to the Seller's address before the deadline.

    8. In the event of withdrawal, the Customer who is a Consumer or Entrepreneur with Consumer rights bears only the direct costs of the return.

    9. The Consumer and the Entrepreneur with the Consumer's rights shall be liable for the decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

    10. The Seller shall refund the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.

§13

Free services

      1. The Seller provides the Customers with free electronic services:

      2. Contact form

      3. Maintaining a Customer Account.

      4. Newsletter

      5. Services indicated in §13 are available 7 days a week, 24 hours a day.

      6. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned above, about which he will inform the Customers in a manner appropriate to the amendment of the Terms and Conditions.

      7. The Contact Form service consists in sending a message to the Seller using the form available on the Store's Website.

      8. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller.

      9. The Customer Account Service is available after Registration on the terms described in the Terms and Conditions and consists in providing the Customer with an appropriate panel on the Store's Website, enabling the Customer to modify the data they provided during the Registration, as well as tracking the status of orders and the history of orders already completed.

      10. The Customer who has registered on the Website may submit a request to the Seller to delete the Customer Account, but in the event of such a request, the Account may be deleted up to 14 days from the receipt of the request.

      11. The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, the Customer breaches the law or the provisions of the Terms and Conditions or blocking access to the Customer Account and free services is justified by security reasons - in particular: breaking the security of the Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue, constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.

§ 14

Personal data protection

The rules for the protection of Personal Data are set out in the Privacy Policy.

§15

Termination of the contract (not applicable to Sales Agreements)

  1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned contract and the provisions below

  2. The registered Customer terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of distance communication that allows the Seller to read the Customer's declaration of will.

  3. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.

§16

Final Provisions

  1. The Seller is liable for non-performance or improper performance of the contract or agreement, but in the case of contracts or agreements concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.

  2. In the event of a dispute resulting from the concluded Sales Agreement, the parties will endeavour to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Terms and Conditions is Polish law and the court competent for the Seller’s registered office.

  3. The Seller informs the Customer who is a Consumer, about the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorized to carry out out-of-court dispute resolution.

  4. The Seller reserves the right to amend these Terms and Conditions.

  5. The opening of PhotoGallery Artsepia for Customers takes place on 19 April 2021.

  6. Goods visible in PhotoGallery Artsepia before 19 April 2021 are displayed for illustrative purposes only.

  7. The Terms and Conditions come into force on the day of publication



 

 

 

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