TERMS AND CONDITIONS OF THE BRODZIAK GALLERY ONLINE STORE
Section 1. GENERAL PROVISIONS
1. These Terms & Conditions were drawn up on the basis of the laws in force in the territory of the Republic of Poland. The Terms & Conditions and the laws exclusively and fully regulate matters related to using and shopping on the website of the Brodziak Gallery online store at https://szymonbrodziak.com.
2. The owner and administrator of the Brodziak Gallery online store (hereinafter referred to as the Seller or Brodziak Gallery) is the business established under the name Szymon Brodziak, 60-734 Poznań, ul. Głogowska 16, NIP (taxpayer no.) 779-197-13-81.
3. The User or Buyer is any individual with full legal capacity, a legal entity, or body unincorporate that is granted legal capacity by law.
4. An Entrepreneur is a User engaged in business activity as defined by the regulations of the Freedom of Business Activity Act of 2 July 2004 (Dziennik Ustaw of 2010, No. 220, item 1447, as amended).
5. A Consumer is a User who is an individual performing legal acts that are not directly related to their business or professional activity.
6. Artwork is the product that can be sold via the Brodziak Gallery online store.
7. A Purchase is a transaction initiated by the User by placing an order, leading to the conclusion of a contract of sale between the Seller and Buyer. The Purchase is made online in the form of a distance contract.
9. A User Account is a place accessible to the Users of the Brodziak Gallery online store upon entering an e-mail address and password, enabling them to order Artworks, track order status, modify personal data, etc.
10. A User of the Brodziak Gallery online store shall:
– Refrain from entering and communicating content prohibited by the law;
– Use the Brodziak Gallery online store in a way that does not obstruct its operation;
– Refrain from sending out and publishing unsolicited trade information in the Brodziak Gallery online store;
– Use the Brodziak Gallery online store without nuisance to other customers and the Brodziak Gallery;
– Use the content of the Brodziak Gallery online store website only for personal use;
– Use the Brodziak Gallery online store in compliance with the laws of the Republic of Poland, these Terms & Conditions, and general principles of using the World Wide Web. The Brodziak Gallery online store shall not be used to publish content of offensive, vulgar, pornographic or illegal nature.
11. Users shall not share any information encouraging direct contact, such as e-mail addresses, phone numbers, or website addresses.
12. In order to use the services offered under these Terms & Conditions, the Buyer should meet the following software requirements:
a. a Web browser: Internet Explorer version 7.0 or higher, or Mozilla FireFox version 3.0 or higher, or Chrome (all versions), or Opera version 2 or higher;
b. Java Script enabled;
c. an active e-mail account.
Section 2. SCOPE AND TYPES OF SERVICES OFFERED ONLINE
1. Brodziak Gallery sells Artwork via the online store and provides the Newsletter service.
2. The Brodziak Gallery online store accepts online orders 24 hours a day, 7 days a week. Orders placed on holidays shall be filled on the first working day following the day of placing the order.
3. Electronic services offered under these Terms & Conditions consists in providing the possibility of using the Brodziak Gallery online store for the purpose of entering and performance of a contract of sale. The online service agreement is concluded for an indefinite period of time.
4. The Newsletter service consists in sending out messages containing information on the current offer, sales, rebates and discounts. The purpose of the Newsletter service is also informing the customers about events held or attended by the Brodziak Gallery (vernissages, online exhibitions, art fairs). The service is free of charge and requires an additional consent for receiving trade information.
Section 3. REGISTRATION, TERMS OF ENTERING AND TERMINATION OF ONLINE SERVICE AGREEMENTS
1. In order to use the services described in the Terms & Conditions, it is necessary to read and accept all the provisions hereof.
2. The registration is free of charge and voluntary. Upon registration, an individual User Account is created for the User.
3. In order to resister, the User must fill out a registration form. Information required for registration include: an active e-mail address, login and password.
4. In the registration process, the User may also provide their shipping information. If the form is filled out by a Consumer, this includes:
a. Name and surname,
b. Home address (street, building and apartment number, postcode, city/town, province, country).
5. Moreover, if the Consumer is often absent at their home address, an additional shipping address can be provided (e.g. a work address with working hours specified).
6. If the User is an Entrepreneur, they must provide the following information in order to register: an active e-mail address, User Account password. In the registration process, the User may also provide shipping information: company name, taxpayer no. (NIP), name and surname and phone number of a contact person.
7. Entering the online service agreement amounts to making the following declarations:
a. I hereby voluntarily proceed to use the services and I meet the conditions for becoming a User, as stated in the Terms & Conditions;
b. I hereby confirm that the information provided in the registration form is true and does not violate any third-party rights;
c. I hereby give my consent to enter the agreement via electronic means;
d. I hereby give my consent to receive the following information to the contact data provided in the registration form: system information, messages from the Brodziak Gallery online store that are necessary for order processing, as well as information about possible hindrances, changes or technical breaks in the operation of the Brodziak Gallery online store.
8. The User may terminate the online service agreement at any time.
9. Both termination of the agreement by one party and by mutual consent of both parties amounts to blocking the User’s access to User Account and its deletion.
10. The Brodziak Gallery online store may terminate the online service agreement in the following events:
a. the purpose of registration or the manner of using the services is obviously in disagreement with the rules and purpose of operation of the Brodziak Gallery online store, or the address information provided by the User raise reasonable doubt so as to their correctness or truthfulness, and such doubt could not be removed by phone or e-mail;
b. User’s actions violate the accepted norms of behaviour, promote violence or crime, or violates third-party rights;
c. the Brodziak Gallery has been notified about the illegality of provided information or actions connected therewith, or has obtained credible information about the illegality of provided information or actions connected therewith, and has informed te User about the intention to block their access to the User Account;
d. the User sends out unsolicited trade information or blatantly violates the Terms & Conditions.
11. The grounds for reasonable doubt mentioned in Section 10(a) particularly include providing a non-existent city/town name, non-existent street name in a given city/town, or fictional name of the recipient (e.g. a fairy tale character).
12. A notice of termination of the online service agreement on the part of the Administrator of the Brodziak Gallery online store may be given by sending it to the e-mail address specified in the User Account. Termination of the online service agreement results in permanent deletion of the User Account. A notice of termination of the online service agreement on the part of the User may be given by sending it to the contact e-mail address of the Brodziak Gallery online store, or by deleting the User Account.
13. If the termination has occurred on the part of the Operator of the Brodziak Gallery online store, new registration shall only be possible upon the Operator’s consent.
14. Unless the parties agree otherwise, termination of the online service agreement by one or both parties shall not affect the performance of previously entered contracts of sale. In cases of termination mentioned in Section 3(10), 14 days’ notice shall apply.
Section 4. TERMS OF SALE
1. The Brodziak Gallery sells Artwork presented in the Brodziak Gallery online store. The parties to the contract of sale concluded via the Brodziak Gallery are the Seller and the Buyer.
2. The contract of sale may be concluded both with a registered user (holding a User Account) and with a Buyer making a purchase without registration. A Buyer making purchases without registration must do the following at each purchase:
a. provide an active e-mail address, information listed in Section 3(4) or 3(6) and
b. read and accept the Terms & Conditions.
3. Information about the Artwork along with the pricing, as presented on the website of the Brodziak Gallery online store, shall not be considered an offer as defined by Section 66(1) or (543) of the Civil Code of 23 April 1964 (Dziennik Ustaw of 1964, No. 16, item 93, as amended; hereinafter referred to as the Civil Code). Information about the Artwork along with the pricing, as presented on the website of the Brodziak Gallery online store, shall only be considered as an invitation to enter a contract of sale, as defined by Section 71 of the Civil Code.
4. The contract of sale is concluded by placing an order by a User and its acceptance by the Seller, subject to Section 4(7-9). Placing an order consists in filling out a relevant form available on the website of the Brodziak Gallery online store. Adding Artwork to the “Cart” only opens the possibility of placing an order.
5. Placing an order via a website constitutes an offer to purchase, as defined in Section 66(1) of the Civil Code, which is binding for 72 hours. Before confirming the selection of products by clicking “Place order”, the User may make changes and modify the products in the order, as well as the shipping or invoice information. The Brodziak Gallery online store shall confirm receiving the Buyer’s order without delay (by sending an e-mail). The contract is deemed concluded if within 72 working hours of placing the order, Brodziak Gallery notifies the Buyer about accepting the order.
6. The Brodziak Gallery online store also sells custom-made Artwork. Brodziak Gallery shall inform the Buyer about the possibility and time of fulfilling the order within 48 hours during working days from the day of placing the order. Placing an order consists in sending an e-mail inquiry about Artwork availability to email@example.com. The contract is deemed concluded if within 10 working days of notifying the Buyer about Artwork availability, Brodziak Gallery notifies the Buyer about accepting the order.
7. In response to the placed order, the Seller shall, within 72 hours, send an e-mail to the e-mail address provided by the Buyer or make contact by phone in order to:
a. accept the order (offer) – in which case the contract of sale is concluded on the day of making the declaration;
b. reject the order (offer) – in which case the contract of sale is not concluded;
c. suggest changes (counteroffer) – in which case the contract of sale can only be concluded upon the Buyer’s acceptance of the counteroffer.
8. The reason for making a counteroffer mentioned in Section 4(7)(c) may be, in particular, such circumstances as the absence of the ordered work.
9. The counteroffer mentioned in Section 4(7)(c) is binding for the Seller for 2 working days. After that time, the counteroffer expires. The Buyer’s acceptance of the counteroffer during its time of validity (2 days) results in entering the contract of sale according the terms defined in the counteroffer.
10. The contact on the part of the Seller, as mentioned in Section 4(7), is also an opportunity to correct any possible mistakes in personal information or erroneous order. Introducing changes at a later time may be difficult, as with the conclusion of the contract of sale, the order is being processed and the product may already be on its way to the Buyer. Nevertheless, the Seller hereby declares that the personnel of the Brodziak Gallery online store shall make every effort to make it possible for the Buyer to change the shipping data even after the conclusion of the contract of sale, and to modify the content of the order (until the moment of shipping).
11. The Seller may verify the correctness and truthfulness of the data provided by the Buyer at any time. The Seller shall have the right to withdraw from the contract of sale within 10 working days of its conclusion in circumstances mentioned in Section 3(10)(1).
12. The Seller reserves the right to change the prices and withdraw individual Artwork presented on the website of the Brodziak Gallery online store. Such a price change or withdrawal of Artwork does not apply to orders already accepted for fulfilment.
13. In the case of changing the prices of Artwork ordered but not yet accepted for order fulfilment, the Operator of the Brodziak Gallery online store shall immediately notify the Buyer about such changes. If the Buyer does not wish to accept the changes, they may withdraw from the contract within 10 days, pursuant to the provisions of Section 8 hereof.
14. All prices presented on the Brodziak Gallery website are given in Polish zloty (PLN) or euro (EUR) and include VAT. The prices do not include shipping costs.
15. Copying and distribution of materials found on the Brodziak Gallery website is prohibited. In order to obtain information about the possibility of receiving consent for copying or distribution of the materials presented on the above-mentioned website, the User should contact Brodziak Gallery at firstname.lastname@example.org.
16. In each transaction, the Seller attaches a proof of purchase to the parcel – a receipt for private individuals or invoice for entrepreneurs.
Section 5. SHIPPING TERMS
1. The Artwork is shipped to the given address through a forwarding company.
2. The shipping cost is calculated and determined during the order placement process by specifying the shipping parameters. The cost of Artwork shipping is charged to the Buyer. Order fulfilment means that the Buyer accepts the shipping costs.
3. The orders are fulfilled on the territory of Poland. There is also a possibility of shipping abroad. In such a case the terms of sale and shipping of Artwork abroad shall be arranged individually with the Buyer. The Buyer who accepts the shipping terms shall also cover the extra amount for shipping, i.e., the difference between the cost of shipping to Poland and abroad. Outside EU territory, the Buyer needs be prepared for additional costs, such as duties, taxes, etc.
4. The store shall make every effort to ensure the shortest possible time of order fulfilment, and no longer than 14 working days, 21 days in the case of custom-made Artwork from the day of placing the order. The delivery time may be longer if the Seller has planned a holiday during that period, or if the Artwork description stated that the delivery time would be longer.
5. If before the product is shipped, the Buyer is notified that it might arrive with a delay, they have the right to withdraw from the contract under Section 8 hereof.
Section 6. PAYMENTS
1. The following methods of payment are available at the Brodziak Gallery online store:
a. standard transfer to the bank account,
b. card (credit card or pay card),
c. transfer via the PAYU platform,
d. cash on delivery.
2. If the Buyer selects an upfront payment option (standard bank transfer, card or transfer via PAYU), the payment shall be made within 3 working days of the day when the order is accepted and confirmed for fulfilment. After this time the Brodziak Gallery online store has the right to withdraw from the contract. In the transfer title, the Buyer shall state the order number, or in the case of payment via PAYU, the code generated by the payment system.
3. If the Buyer selects the option of payment on delivery, the payment for the Artwork shall be made upon parcel delivery by a courier.
4. When ordering Artwork marked as “custom-made”, if the Buyer selects an upfront payment option, the payment shall be made within 3 working days of the day when the Buyer is notified about the work’s availability and possibility of accepting the order. After this time the Brodziak Gallery online store has the right to withdraw from the contract.
5. If the Buyer of such custom-made Artwork selects the option of payment on delivery, the payment for the Artwork shall be made upon parcel delivery by a courier.
6. Payment for the Artwork may be made in one currency – PLN, according to the Artwork prices published on the website. If the Artwork is being shipped outside the territory of Poland, and it is returned, the Buyer shall be refunded in PLN. The Buyer needs to be prepared for exchange rate differences if there is a currency conversion.
7. Bank transfer information: For transfers (in PLN): Szymon Brodziak, ul. Głogowska 16 60-734 Poznań, bank account no.: 82 2490 0005 0000 4500 7144 9199
Section 7. DISCOUNT POLICY
1. The Brodziak Gallery online store reserves the right to establish a discount policy. The rules of such a policy will be the subject of these Terms & Conditions.
2. A User taking advantage of the Brodziak Gallery online store discount policy will be able to obtain a discount by providing a discount coupon code when placing an order. The manner of obtaining such a discount code will be described in the Brodziak Gallery Terms & Conditions.
3. When these Terms & Conditions are amended, the Users of the szymonbrodziak.com Web service will be notified of such fact with sufficient advance, in compliance with Section 384 of the Civil Code, and will have the right to withdraw from the online service agreement.
Section 8. RETURNS – WITHDRAWAL FROM THE CONTRACT OF SALE
1. A Consumer who has entered a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days of taking possession of the Artwork.
2. In order to withdraw from the contract, the Consumer shall inform the Seller about their decision to withdraw in the form of an unambiguous declaration – e.g. in a letter sent by mail, fax, or e-mail. The Consumer may use a contract withdrawal form.
3. To keep the deadline for withdrawal from contract, the Consumer just needs to send the information about using their right to withdraw from the contract before the said deadline.
4. The Consumer shall immediately return the Artwork to the Seller, or give it to a person authorised by the Seller, no later than 7 days after the day of withdrawal from contract, unless the Seller has offered to collect the item on his part. To keep the deadline, the product must be sent back within its limits.
5. The Consumer shall bear the direct cost of product return.
6. Upon withdrawal from contract, the Seller immediately returns to the Consumer all payments received from the Consumer, including the lowest shipping cost available in the Store (if it was borne by the Consumer), within 14 days of the day of being notified about the Consumer’s exercise of the right to withdraw from contract. The return of payments shall be made with the same method that has been used by the Consumer in the original transaction, unless the Consumer expressly accepts another solution. In no event shall the Consumer bear any cost connected with the payment return method.
7. If the Seller does not offer to collect the item from the Consumer, they may delay the return of payments received from the Consumer to the moment of having the item returned, or receiving proof that the Consumer has sent it back, whichever occurs first.
8. The Consumer shall be held responsible for reducing the value of the product resulting from its use to greater extent than necessary to determine its nature, features and operation.
Section 9. COMPLAINTS
1. The Seller shall provide the Buyer with Artwork that is free from defects.
2. The Seller shall be liable to the Buyer for physical or legal defects of the Artwork sold (statutory warranty for defects).
3. If the sold Artwork has a defect, the Buyer may do the following:
a. demand that the Artwork be replaced with one that is defect-free,
b. demand that the defect is removed,
c. make a declaration demanding price reduction,
d. make a declaration of withdrawal from contract.
4. Upon discovering a defect of the Artwork, the Buyer shall notify the Seller of this fact, and at the same time state their claim in connection with the discovered defect, or make a relevant declaration.
5. The Buyer exercising their rights under the warranty may deliver the defective Artwork to the Seller’s address at the Seller’s expense.
6. The Seller shall respond to the complaint filed by the Buyer within 14 days of having it delivered.
7. Details concerning the Seller’s warranty for defects are regulated by the Civil Code (Sections 556-576).
Section 10. AUTHENTICITY GUARANTEE
1. Brodziak Gallery guarantees the authenticity of the Artwork on offer.
2. Authenticity means the compliance of the offered Artwork with the Artwork description given by the Brodziak Gallery.
3. If the Artwork is proven to be non-compliant with the description, which is documented by an independent entity authorised to determine artwork authenticity, Brodziak Gallery shall return the value of the purchased Artwork. The return shall be made by bank transfer to a User-defined bank account within 14 days of the Brodziak Gallery online store’s acceptance of the decision about the Artwork’s non-compliance with the description.
4. The “authenticity guarantee” procedure may be used by sending the 3 documents mentioned in Section 10(3) by e-mail. Brodziak Gallery shall respond within 14 days of receiving the documents.
Section 11. RIGHTS, OBLIGATIONS AND LIABILITY OF PARTIES
1. The Seller shall make every effort to ensure that the Brodziak Gallery online store and all services made available on the website operate continuously and without interference.
2. The Seller reserves the right to interfere with the technical layer of the User Account in order to diagnose any abnormalities in the operation of services of the Brodziak Gallery online store.
3. The Seller reserves the right to temporarily disable certain functionalities of the Brodziak Gallery online store for the purpose of its improvement, adding services or maintenance, upon informing the registered Users about this fact with sufficient advance.
4. The User shall immediately update their registration data if they change, as well as keep their User Account login and password confidential and secure, in order to prevent unauthorised persons from accessing it.
5. Users are prohibited from communicating illegal content using the Brodziak Gallery online store.
6. The Brodziak Gallery online store presents digital photographs of the Artwork on offer, making every effort to ensure the highest quality of the presented photographs and their most accurate representation of the condition and colours of the Artwork. The Seller shall not be held responsible for minor differences in colour between the online representation and the actual appearance of the original Artwork, arising from individual settings of the User’s computer screen. Nonetheless, it does not preclude the possibility of free return of the Artwork, if the Buyer decides that the colour range of the original is not fully satisfactory.
7. The Seller shall not be liable for mistakes made by the Buyer in the order form or during registration, if they prove to be the exclusive reason that the parcel is not delivered to the recipient.
8. The Seller shall be responsible for the Artwork up to the moment of its delivery to the Buyer. In the event of Artwork return or complaint, the Buyer shall be responsible for the Artwork up to the moment of its delivery to the Seller.
9. Upon receipt of the parcel, the Buyer shall check its condition. Checking the condition of the parcel, and – if damage is discovered – drawing up a statement of damage, should occur before the formal acceptance, in order to protect the Buyer’s interest.
Section 12. PERSONAL DATA PROTECTION
1. Brodziak Gallery only collects data that are necessary for due performance of offered services.
2. The User hereby gives consent to have their personal data disclosed to third parties for the purpose and to the extent necessary for the adequate performance of services, as described in the Terms of Conditions. The above consent includes, in particular, the data disclosed to the intermediate company contracting forwarding services, and forwarding companies, for the purpose of shipping the products. If the purchased artwork is not sent directly from the Brodziak Gallery, but from the artist’s studio, the gallery reserves the right to hand the artist with the waybill attached to the parcel. The database of Users’ personal data is legally protected. The data are specially protected and secure from unauthorised access.
3. The administrator of personal data is the Brodziak Gallery online store which processes Users’ personal data in compliance with the provisions of the Personal Data Protection Act of 29 August 1997 (Consolidated text, Dziennik Ustaw of 2002 r., No. 101, item 926, as amended) and the Electronic Services Act of 18 July 2002 (Dziennik Ustaw No. 144, item 1204, as amended).
4. The operator of the Brodziak Gallery online store may process the following data characterising the User’s method of using the electronic services (maintenance data):
a) User’s identifiers,
b) identifiers for the output of the telecommunication network or ICT system used by the User,
c) information about the start, end and scope of each event of using the electronic services,
c) information about the customer’s use of electronic services.
5. The operator of the Brodziak Gallery online store shall not be held responsible for the authenticity of information and data provided by the Users, or information about Users shared with other Users. The Store operator declares that they have no way of verifying their compliance with reality.
6. The Brodziak Gallery online store guarantees to its Users the possibility of exercising their rights under the personal data protection act, particularly the right to view the data, change and modify them, and to demand their deletion, by sending a request to the e-mail address of the Brodziak Gallery online store.
7. Exercising the right to delete one’s data from the system of the Brodziak Gallery online store results in the User’s deregistration and termination of the agreement. Upon deleting the User Account, the Brodziak Gallery online store shall delete the User’s data permanently and non-retrievably, thus ceasing to process the User’s personal data. However, the administrator reserves the right to keep storing such data as the time of logging in and IP address of the user after account deletion, should they be requested by the Police and public prosecutor, and data necessary for the settlement of performed services until the time of the settlement.
Section 13. FINAL PROVISIONS
1. In matters not regulated by these terms & Conditions, relevant regulations of the Polish law shall apply.
2. In the event of a dispute arising in connection with the performance of an agreement concluded under these Terms & Conditions, the parties agree to seek its amicable resolution, acting in good faith.
3. If a resolution described in Section 13(2) cannot be reached, the competent court for the settlement of the dispute shall be the court of competent jurisdiction for the registered office of the Brodziak Gallery. The previous sentence does not apply to disputes in which one party is a Consumer.
4. The Seller reserves the right to amend the Terms & Conditions. Information about such amendments shall be published on the website of the Brodziak Gallery online store. Furthermore, each amendment to the Terms & Conditions shall also be communicated to the Users by e-mail, and they shall have the right to terminate the agreement within 14 days. Any amendments to the Terms & Conditions shall become effective upon the end of the notice period. Orders placed before the amended Terms & Conditions become effective shall be regulated by the provisions of the Terms & Conditions effective as of the time of placing the order.
5. The Terms & Conditions is in force as of 25 May 2018.