§1 General provisions
- The online store available at www.degnergallery.com operates according to the rules set out in these Rules and Regulations.
- These Rules and Regulations set out the rules for making purchases via the online store www.degnergallery.com.
- In the scope of services provided electronically, the Rules and Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, no. 144, item 1204, as amended).
- Every user of the online store www.degnergallery.com is obliged to comply with the provisions of these Rules and Regulations.
- The owner of the online store www.degnergallery.com is Ryszard Szymański, conducting business activity under the name Uni Artis, with its registered office at ul. ….......... Wrocław …......NIP …...... Regon ….......... hereinafter referred to as the Seller.
- The Seller can be contacted:
- telephone number: + 48 507 ….
- email address: info@degnergallery.com
§2 Definitions
- Gallery – an online store operated by the Seller at the following web address: www.degnergallery.com.
- Rules and Regulations – these rules and regulations of the Gallery.
- Customer – a natural person, legal person, or organizational unit without legal personality but with capacity to perform acts in law, who places an Order in the Gallery on the terms specified in these Rules and Regulations.
- Consumer – A customer who is a natural person entering into a contract with the Seller through the Gallery, the subject matter of which is not directly related to the customer’s business or professional activities.
- Consumer – a Customer who is a natural person entering into a contract with the Seller, the subject of which is not directly related to its business or professional activity.
- Product – a movable item available in the Gallery that is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – agreement for the sale of Products as stipulated in the Polish Civil Code, concluded between the Seller and the Customer through the Gallery.
- Order – a declaration of will by the Customer clearly specifying the type and quantity of Products, aimed directly at concluding a Sales Agreement.
§3 Products information
- The products offered for sale in the Gallery are works of art acquired directly from their creators or from owners who are non-creators.
- The sale does not include copyrights, in particular the right to reproduce or commercially use the Products or their images.
- The photos of the Products presented in the Gallery may differ slightly from the original appearance, especially in terms of colors.
- Products offered in the Gallery may bear traces of aging and have individual characteristics. The Seller undertakes to inform Customers about the individual characteristics of the Products and to deliver them without defects, except for defects indicated in the sales offer.
- The Gallery shall not be liable for hidden physical defects in the Products, nor for any legal defects.
§4 Rules for placing orders
- The condition for placing an Order in the Gallery by a Customer is to read these Rules and Regulations and accept its provisions during the processing of the Order.
- Orders can be placed 24 hours a day, 7 days a week, throughout the year, except during technical breaks or Internet outages resulting in the inability to access the Gallery.
- Orders are accepted via the degnergallery.com website and also at the following email address: info@degnergallery.com.
- To place an order via the degnergallery.com website, please follow the procedure below:
- select the Product that is the subject of the Order, and then click the “Add to cart” button,
- fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment. Enter the invoice details if they are different from the details of the recipient of the Order,
- select one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit,
- click the “Order” button and confirm the order.
- Confirmation of the order is tantamount to the conclusion of a Sales Agreement between the Customer and the Seller.
- When placing an order, the customer may request a VAT invoice, which can be enclosed with the shipment or sent electronically to the specified email address. Most products are sold under the VAT margin scheme.
- The Gallery reserves the right to cancel an order if it cannot be fulfilled.
§5 Delivery
- Purchased items are shipped within 7 days of payment being credited, excluding Saturdays, Sundays and holidays, via courier service.
- The Gallery is not responsible for the loss of Products or damage caused by courier companies.
- The delivery time for the purchased Product from the moment of dispatch is on average:
- in the case of a domestic courier company – the next day
- in the case of international shipping – depending on the delivery address.
- In the event of a delay in the completion of the order, the Gallery undertakes to notify the Customer immediately.
§6 Prices and payments
- All prices listed in the Gallery are gross prices given in euros or another currency.
- Product prices do not include the cost of delivery to the Customer.
- The seller reserves the right to change prices. Price changes do not apply to orders that have already been accepted for fulfillment.
§7 Shipping costs and methods
- The cost of shipping is covered by the Customer. If shipping costs are not included in the price of the Product, fees may vary depending on the Product and are listed in the order summary, next to the price of the Product.
- The customer may also collect the purchased item in person, after prior agreement with the Seller on the circumstances of collection.
- The gallery is not responsible for the loss of items or damage caused by courier companies.
§8 Right to withdraw from the sales agreement
- A Customer who is a Consumer has the right to withdraw from the Sales Agreement concluded with the Seller without giving any reason within 14 days from the date of receipt of the purchased Product. In such a case, the Seller shall refund all payments received from the Customer.
- The refund will be made within 14 days of the Seller receiving the returned Product, provided that the returned Product is in the same condition as when it was purchased. The Customer undertakes to properly secure the returned shipment.
- The customer bears the costs of returning the Product.
- To exercise the right to withdraw from the Sales Agreement, the Customer should inform the Seller of their decision by writing to the Gallery's email address. The Customer may use the withdrawal form provided below.
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The right to withdraw from the Sales Agreement does not apply if the purchased item has been customized or processed at the Customer's request, in particular if it has been framed or removed from the stretcher.
Withdrawal declaration form:
(This statement should be completed and returned only if you wish to return the purchased product)
I, [first name, last name of the buyer], hereby inform you that I am withdrawing from the sales agreement for the following products: [names of purchased products].
Date of agreement: [date]
Date of receipt of products: [date]
First and last name: [buyer's first and last name]
Address: [buyer's address]
Account number to which the refund for the product should be made
Date: [date of withdrawal from the sales agreement]
§9 Complaints and returns
- The Seller emphasizes that the Products in its offer are unique items, sometimes antique, which bear traces of the passage of time. The Gallery makes every effort to accurately describe any defects in the Products offered.
- Individual settings of the customer's computer and monitor causing incorrect or distorted display of product information, e.g., their colors, cannot be the basis for a complaint.
- The customer has the right to check the condition of the shipment, open it, and verify its completeness in the presence of the courier. If any irregularities are found, a damage report must be drawn up. Only in such cases will a complaint about the Product due to possible damage or defects be accepted.
- The Customer may submit complaints regarding the purchased Product by writing to the Gallery's e-mail address. A correctly submitted complaint should include at least:
- the Customer's first name, last name, address, and email address,
- the date of purchase of the item being complained about,
- subject of the complaint, indicating the Customer's request,
- all circumstances justifying the complaint.
§10 Personal data protection
- The Seller is the administrator of Customers' personal data collected through the Gallery.
- Customers' personal data is collected by the Administrator for the purpose of performing the Sales Agreement and, if the Customer consents, also for marketing purposes.
- The recipients of the personal data of the Gallery's Customers may be carriers or intermediaries delivering shipments on behalf of the Seller and entities handling electronic payments for the Gallery. Personal data may be transferred to the above-mentioned entities solely for the purpose of performing the Sales Agreement.
- In specific situations provided for by the Polish law, personal data may be disclosed to state institutions and authorities.
- Customers who have agreed to receive the Newsletter may remove their email address from the mailing list by sending a message to the Gallery's email address requesting cancellation of their subscription.
- Providing personal data by the Customer is voluntary, however, failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement will result in the inability to conclude said agreement.
- Every Customer has the right to access and correct their personal data.
- Detailed information on the collection, processing, storage, and sharing of personal data and privacy protection is available on the Gallery's website in the “Privacy Policy” section.
§11 Final provisions
- In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; and the Act on the protection of personal data.
- The Seller has the right to unilaterally amend the Terms and Conditions during the course of its business when introducing new services or methods of operation of the Gallery or changes in legal regulations.
- The Seller respects the freedom of artistic expression guaranteed by Article 73 of the Constitution of the Republic of Poland and is not responsible for the content expressed by the displayed Products, in particular content that is prohibited by law, vulgar, offensive, or otherwise violates the principles of social coexistence.