Regulations of the Podniebne Obrazy online store

 

 

§. 1. GENERAL PROVISIONS

1. The following regulations define the rules for making purchases in the Podniebne Obrazy online store available at http://en.podniebneobrazy.pl/shop . It was drawn up on the basis of the provisions of law in force in the territory of the Republic of Poland.

 

2. The administrator of the Podniebne Obraz online store and its owner (hereinafter referred to as the Seller) is the company Uslugi Fotograficzne Marcin Giba Moje Studio, ul. Miejska 2/6, 44-200 Rybnik, NIP 647-222-87-65.

 

§. 2. DEFINITIONS

 

1. A customer is any entity making purchases through the Store.

 

2. The Buyer, User is any natural person who has full legal capacity, a legal person or an organizational unit without legal personality, which the law recognizes as having legal capacity.

 

3. A work of art is a product that can be sold in the Podniebne Obrazy online store.


4. A purchase is a transaction initiated by the User by placing an order, which leads to the conclusion of a sales contract between the Seller and the Buyer. The purchase is made via the Internet in the form of a distance contract.

 

5. Distance contract - contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.

 

6. Regulations - these Store regulations.


7. The User Account is a place available to Users of the Podniebne Obrazy online store after entering their e-mail address and password, enabling, among others, ordering a Work, tracking the status of the order, changing and correcting personal data, etc.


8. The user who uses the Podniebne Obrazy online store is obliged to:
- not to provide and not to forward content prohibited by law;
- use the Podniebne Obrazy online store in a way that does not interfere with its functioning;
- using the content of the Podniebne Obrazy online store for personal use;
- use the Podniebne Obrazy online store in a manner consistent with the provisions in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

§. 3. TYPES AND SCOPE OF ELECTRONIC SERVICES

1. Podniebne Obrazy sells Artworks via the online store.


2. The Podniebne Images online store accepts orders placed electronically 24 hours a day, seven days a week. If the order was placed on a non-working day, it will be processed on the first working day following the day on which the order was placed.


3. Services provided electronically on the basis of these Regulations consist in enabling the use of the Podniebne Obrazy online store in order to conclude a sales contract and its implementation. The contract for the provision of electronic services is concluded for an indefinite period.

§. 4. CONDITIONS FOR CONCLUDING AND TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES, REGISTRATION.

1. The condition for the provision of services specified in the Regulations is to read and accept all provisions of these Regulations.


2. Registration is voluntary and free. After registration, an individual User Account is created for the User.


3. In order to register and create an account, the User should complete the registration form. For proper registration process it is necessary to provide: active e-mail address, login and password.


4. During registration, it is also possible to provide shipping data. If the form is filled in by the client, these are:
a. Name and surname,
b. Address of residence (street, building number, apartment number, zip code, city, voivodship, country).


5. In the event of frequent absence of the client from the place of residence, it is optional to provide an additional shipping address (e.g. a work address, with an indication of working hours).


6. If the User is an Entrepreneur, it is necessary to provide the following data for registration: active e-mail address, password for the User Account. During registration, it is also possible to provide shipping data: company name, tax identification number, name and surname and telephone number of the contact person.


7. The conclusion of the contract for the provision of electronic services is tantamount to submitting the following statements:
a. I start using the services voluntarily and I meet the conditions provided for in the Regulations to become a User;
b. the data contained in the registration form are true and do not infringe the rights of persons
third;
c. I consent to the conclusion of the contract by electronic means;
d. I agree to receive system information provided in the registration form, messages from the Podniebne Obrazy online store needed to complete the order and information about difficulties, changes or technical breaks in the operation of the Podniebne Obrazy online store.


8. The User may terminate the contract for the provision of electronic services at any time.


9. Termination of the contract by either party, as well as its termination by mutual consent, is tantamount to blocking the User's access to the User Account and its deletion.


10. The owner of the Podniebne Obrazy Online Store may terminate the contract for the provision of electronic services if:
a.the purpose of registration or the way of using the services is contrary to the purpose and rules of the Podniebne Obrazy online store, or the address details provided by the User raise reasonable doubts as to their correctness or truthfulness and these doubts could not be removed by telephone contact or via e-mail;
b. the User's activity is contrary to the applicable moral standards, calls for violence or committing a crime, and also if it violates the rights of third parties;
c. received an official notification of the unlawful nature of the data provided or related
with them, or obtained credible information about the unlawful nature of the data provided or related activities and previously notified the User about the intention to prevent access to the User Account;
d. The User is allowed to send unsolicited commercial information or grossly or persistently violates the provisions of the Regulations.


11. Due to the objectively justified doubts referred to in par. 10 lit. a should be understood in particular, the specification of a non-existent town, the name of a non-existent street in a given town, providing the recipient's name with fictitious data (e.g. fairy-tale characters).


12. The declaration of termination of the contract for the provision of electronic services submitted by the Administrator of the online store Podniebne Obrazy will be sent to the e-mail address provided in the User Account. Termination of the contract for the provision of electronic services results in the permanent deletion of the User Account. A declaration of termination of the contract for the provision of electronic services submitted by the User may be submitted by sending its content to the e-mail address provided for contact in a separate tab of the website of the Podniebne Obrazy online store or by deleting the User's Account.


13. If the termination was made by the Operator of the Podniebne Obrazy online store, re-registration is possible after obtaining the consent of the Operator.


14. Termination or termination with the consent of the parties to the contract for the provision of electronic services shall not affect the performance of already concluded sales contracts, unless the parties agree otherwise. The term of termination of the contract in the cases referred to in paragraph 10 is 14 days.

§. 5. TERMS OF SALE

1. Podniebne Obrazy sells Artworks presented on the website of the Podniebne Obrazy online store - www.en.podniebneobrazy.pl/shop . The parties to the sales contract concluded via Podniebne Obrazy are: the Seller and the Buyer.


2. The sales contract may be concluded with a registered User (having a User Account) and the Buyer who makes a purchase without registration. A buyer who makes purchases without registration, in order to conclude a sales contract, must each time:
a.provide an active e-mail address, data referred to in § 4 section 4 or 6 and
b. read and accept the provisions of the Regulations.


3. Information about the Works, along with the price, presented on the website of the Podniebne Obrazy online store do not constitute an offer within the meaning of Art. 66 § 1 or 543 of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended; hereinafter: the Civil Code). This information is only an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.


4. The contract of sale is concluded by placing an order by the User and its acceptance by the Seller, subject to paragraph 7. Placing an order consists in filling in the appropriate form available through the website of the Podniebne Obrazy online store. Adding a Work to the "basket" only means that you can place an order.


5. Placing an order via the website constitutes a purchase offer within the meaning of Art. 66 § 1 of the Civil Code, which is binding for 72 hours. Until the product selection is confirmed with the "Order and Pay" button, the User may make changes and modifications to the products in the order, as well as contact details for shipment or invoice. The Podniebne Obrazy online store immediately confirms (via e-mail) receipt of the Buyer's order. The contract is considered concluded if, within 72 working hours of placing the order, Podniebne Obrazy informs the Buyer that the order has been accepted for execution.


6. The Seller, in response to the order placed, within 72 hours, sends an e-mail to the e-mail address provided by the Buyer or contacts by phone in order to:
a.accepting the order (offer) - in this case, the sales contract is concluded on the day the statement is made,
b. refusal to accept the order (offer) - in this case, the contract is not concluded.


7. The Seller may verify the correctness and truthfulness of the data entered by the Buyer at any time. The Seller has the right to withdraw from the sales contract within 10 working days from the date of the contract in the situations referred to in § 4 paragraph 10 point a)


8. The Seller reserves the right to change prices and withdraw individual Works presented on the website of the Podniebne Obrazy online store. Change of prices or withdrawal of the Work does not apply to orders accepted for execution.


9. All prices presented on the Podniebne Obrazy websites are given in Polish zlotys (PLN) and include VAT. The given prices do not include shipping costs.


10. Copying and disseminating materials from the pages of the Podniebne Obrazy is prohibited. To obtain an opinion on the possibility of obtaining permission to copy or distribute the materials presented on the above-mentioned On the website, the User should contact Podniebne Obrazy at: podniebneobrazy@gmail.com.


11. The Seller always encloses a proof of purchase with the shipment - a receipt for natural persons and an invoice for companies.

 

§. 6. PAYMENT

1. The Buyer can pay for purchases in the Podniebne Obrazy online store as follows:
a. by ordinary transfer to a bank account,
b.by transfer via PayPal,
c. make a cash on delivery payment.

2. If the Buyer chooses a prepayment (standard transfer, transfer via PayPal), it should be made within 3 working days from the date of confirmation of the order. After this date, the Podniebne Obrazy store has the right to withdraw from the contract. In the title of the transfer, the Buyer should provide the order number or, in the case of payment via the PayPal platform, the Buyer must provide the code generated by the payment system.

3. If the Buyer chooses cash on delivery, the Buyer shall pay for the Work upon receipt of the parcel from the courier.

4. Payment for the Works may be made in one currency in PLN, in accordance with the prices for the Works published on the website. If the delivery address of the Work is outside the Republic of Poland, in the case of returning the Work to the store, the Podniebne Obrazy website returns the Buyer the amount in PLN. The buyer must take into account the exchange rate differences when converting the amount of the payment.

5. Data for transfers (in PLN): Uslugi Fotograficzne Marcin Giba Moje Studio
mBank 75 1140 2004 0000 3102 6358 0459

 

§. 7. TERMS OF DELIVERY

1. The works are delivered to the indicated address via a courier company.


2. The cost of delivery is calculated and determined when placing the order by specifying the shipping parameters. The cost of shipping the Work is covered by the Buyer. Completion of the order means acceptance of the delivery costs by the Buyer.


3. Orders are carried out on the territory of Poland. In the case of shipping the Work abroad, the terms of sale and shipping are agreed individually with the Buyer. The buyer who accepts the terms of delivery is obliged to pay the difference between the cost of delivery within the territory of the Republic of Poland and the cost of delivery abroad. Outside the EU, the Buyer must take into account additional costs in the form of customs duties, taxes, etc.


4. The Store will make every effort to ensure that the order fulfillment time is as short as possible, but not longer than 14 working days from the date of placing the order. The shipping period may be extended if the Seller has agreed a vacation for this period of time or if the Seller has clearly indicated in the description of the Work that the shipping period will be longer.


5. If the Buyer, before sending the goods, is informed that the goods may reach him with a delay, he has the right to withdraw from the contract on the terms set out in § 8. of these Regulations.

§. 8. RETURNS - WITHDRAWAL FROM THE SALES CONTRACT

1. A customer who has concluded a distance contract with the Seller has the right to withdraw from the contract within 14 days from the date of taking possession of the Work of Podniebne Obrazy.


2. To withdraw from the contract, the Customer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement - by letter sent by traditional mail or e-mail.


3. In order to meet the deadline for withdrawing from the contract, it is sufficient for the customer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.


4. The Buyer is obliged to return the Work to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but not later than 7 days from the date on which he withdrew from the contract, unless the Seller suggested that he will pick up the goods himself. To meet the deadline, it is enough to return the product before its expiry.


5. The buyer bears the direct costs of returning the goods.


6. In the event of withdrawal from the contract, the Seller returns to the customer all payments received from him, including the cheapest cost of product delivery available in the Store (if the cost was covered by the customer), immediately, and in any case not later than 14 days from the date on which the Seller was informed on the exercise of the right to withdraw from the contract. The reimbursement will be made using the same payment methods that were used by the customer in the original transaction, unless the customer expressly agreed to a different solution. In any case, the customer will not incur any fees related to the form of reimbursement.


7. If the Seller has not offered to pick up the item from the customer himself, he has the right to withhold the reimbursement of payments received from the customer until he receives the Work back.


8. The Buyer is responsible for the decrease in the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.

 

§. 9. AUTHENTICITY GUARANTEE

1. The Podniebne Obrazy guarantee the authenticity of the Works offered.


2. Authenticity is understood as the compliance of the offered Work with the description of the Work presented by the Podniebne Obrazy on the website of the store.


3. In the event of documenting the non-compliance of the Work with the description by an independent institution authorized to adjudicate on the authenticity of the works of art, Podniebne Obrazy undertake to return the value of the purchased Work. The refund will be made by bank transfer to the bank account indicated by the User within 14 working days from the date of acceptance by the Podniebne Obrazy online store of the non-compliance of the Work with the description.


4. The "guarantee of authenticity" procedure can be used by sending the documents listed in point 3 to the following e-mail address: podniebneobrazy@gmail.com. Sky Pictures will respond within 14 days from the date the documentation is provided.

 

§.10. COMPLAINTS

1. The Seller is obliged to provide the Buyer with the Work that is free from defects.


2. The Seller is liable to the Buyer if the sold Work has a physical or legal defect (warranty for defects).


3. If the sold Work has a defect, the Buyer may:
a.demand that the Work be replaced with one that is free from defects,
b.demand the removal of the defect,
c. submit a price reduction statement,
d. submit a declaration of withdrawal from the contract.


4. If the Buyer finds a defect in the Work, he should inform the Seller about it, specifying his claim related to the defect or submitting a relevant statement.


5. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint.

§. 11. RIGHTS, OBLIGATIONS AND LIABILITY OF THE PARTIES

1. The Seller will make every effort to ensure that the Podniebne Obrazy online store and all services made available through it operate continuously without any disruptions.


2. The Seller reserves the right to interfere with the technical structure of the User's Account in order to diagnose any irregularities in the functioning of the Podniebne Obrazy online store.


3. The Seller reserves the right to temporarily disable certain functionalities of the Podniebne Obrazy online store in order to improve it, add services or carry out maintenance upon prior notification of registered Users in advance.


4. The User is obliged to immediately update the data provided during registration in the event of a change, as well as to keep the login and password to the User Account secret and secure in such a way that unauthorized persons cannot access them.


5. The User is not allowed to provide unlawful content using the Podniebne Obrazy online store.


6. The Podniebne Obrazy online store presents digital photos of the offered Works, making every effort to ensure that the presented photos are of the highest quality and reflect the actual condition and colors of the Works to the highest degree. The Seller is not responsible for slight color differences between the website presentation and the appearance of the original Work, related to the individual color settings of the User's computer screen. However, this does not exclude the possibility of a free return of the Work, if the Buyer considers that the color range of the original does not fully suit him.


7. The Seller shall not be liable for errors made by the Buyer in the order form or during registration, if the consignment did not reach the addressee solely due to them.


8. The Seller is responsible for the Work until the Work is delivered to the Buyer. In the event of a return of the Work or a complaint, the Buyer is responsible for the Work until the Work is delivered to the Seller.


9. The buyer receiving the shipment confirms its condition. Checking the condition of the shipment and, if any damage is found, drawing up a damage report should take place before the formal receipt, to protect the interests of the Buyer.

§. 12. PROTECTION OF PERSONAL DATA

1. Podniebne Obrazy only collects the data that is necessary for the proper provision of the services offered.


2. The User agrees to transfer his personal data to third parties for the purpose and scope necessary for the proper implementation of the services provided on the basis of the Regulations. This consent covers, in particular, the transfer of data to an intermediary company in ordering courier services and courier companies for the purpose of sending the parcel. In the event that the purchased Work is sent not directly from the Podniebne Obrazy studio, but from the printing studio, the Seller reserves the right to provide the printing house with a consignment note attached to the shipment. The Users' personal database is protected by law. These data are particularly protected and secured against unauthorized access.


3. The administrator of personal data is the Podniebne Obrazy online store, which processes Users' personal data in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data (consolidated text, Journal of Laws of 2002, No. 101, item 926, as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended).


4. The operator of the Podniebne Obrazy online store may process the following data characterizing the way the User uses the service provided electronically (operational data):
a) User identification,
b) markings identifying the end of the telecommunications network or the ICT system used by the User,
c) information on the start, end and scope of each use of the service provided electronically,
d) information on the use by the recipient of services provided electronically.


5. The operator of the Podniebne Obrazy online store is not responsible for the authenticity of information and data provided by Users or information about Users made available to other Users. The Store operator points out that it is not possible to verify them as to compliance with the real state.


6. The Podniebne Obrazy online store provides Users with the implementation of the rights under the Act on the Protection of Personal Data, in particular, the User has the right to access their personal data and the right to change, correct and request their removal, by means of an electronic statement sent to the e-mail address of the store online Podniebne Obrazy.


7. The exercise of the right to delete own data from the system of the Podniebne Obrazy online store is tantamount to deregistering the User and terminating the contract. With the deletion of the User Account of the online store, Podniebne Obrazy will delete the User's data permanently and irretrievably, thus ceasing to process the User's personal data. The administrator, however, reserves the right to store data such as the time and IP address of the user's login after deleting the account for the needs of the Police and the prosecutor's office and data necessary to settle the services provided until their settlement.

§. 13. FINAL PROVISIONS

1. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply.


2. In the event of a dispute arising in connection with the performance of the contract concluded on the basis of the Regulations, the parties undertake to settle it amicably, acting in good faith.


3. If it is impossible to reach an agreement in the manner indicated in sec. 2. The court having jurisdiction over the dispute will be the court competent for the seat of Podniebne Obrazy. The preceding sentence does not apply to disputes to which the Buyer is a party.


4. The Podniebne Obrazy online store reserves the right to amend the Regulations. Information about the changes will be posted on the website of the Podniebne Obrazy online store. Registered Users will also be notified of each amendment to the Regulations by e-mail with the right to terminate the contract within 14 days. Amendments to the Regulations come into force upon the expiry of the notice period. Orders placed before the amendments to the Regulations come into force shall be governed by the provisions of the Regulations in the wording in force at the time of placing the order.

5. The Regulations are valid from 01/07/2020.