Gallery Terms and Conditions

§1 Introductory provisions

1. The online shop Galeria Jaśnikowski, available at the Internet address www.galeriajasnikowski.pl, is run by Radosław Jaśnikowski conducting business activity under the name Wydawnictwo Artystyczne "Lux Artis" Radosław Jaśnikowski, entered into the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for economy, NIP 6131500568, REGON 020649400.
2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Shop and set out the rules for the use of the Online Shop and the principles and procedure for concluding distance sales agreements with the Customer through the Shop.

§2 Definitions

1. Consumer - a natural person concluding a contract with the Seller as part of the Shop, the subject of which is not directly related to his/her economic or professional activity.
2. Vendor - a natural person running a business under the name of Wydawnictwo Artystyczne "Lux Artis" Radosław Jaśnikowski, entered into the Central Register of Evidence and Information on Business Activity (CEIDG) maintained by the minister responsible for economy, NIP 6131500568, REGON 020649400.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, a legal person and an organisational unit that is not a legal person, to which a separate act grants legal capacity, conducting a business on its own behalf, which uses the Shop.
5. Shop - the online shop operated by the Seller at the Internet address www.galeriajasnikowski.pl.
6. Distance contract - a contract concluded with a Customer within an organised distance contracting system (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
7. Terms and Conditions - these rules and regulations of the Shop.
8. Order - the Customer's declaration of will submitted via the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account - Customer's account in the Store, in which the data provided by the Customer and information about orders placed by him/her in the Store are stored.
10. Order Form - an interactive form available in the Store which allows the Orderer to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
11. Basket - an element of the Shop's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order details, in particular the quantity of the products.
12. Product - a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
13. Sales Contract - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Shop.

§3 Contact with the shop

1. Seller's address: Henryków Lubański 370, 59-800 Lubań
2. Seller's e-mail address: kontakt@galeriajasnikowski.pl
3. Seller's telephone number: 693366096
4. Seller's bank account number: 07 1140 2004 0000 3102 7771 3225
5. The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
6. The Customer can communicate with the Seller by telephone between 8:00 and 20:00.

§4 Technical requirements

In order to use the Shop, including browsing the Shop's product range and placing orders for Products, the following are necessary:

1. a terminal device with access to the Internet and a web browser,
2. an active electronic mail (e-mail) account,
3. cookies enabled.

§5 Informacje ogólne

1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the operation of the Shop caused by force majeure, unauthorised acts of third parties or incompatibility of the Shop with the Customer's technical infrastructure,
2. Browsing through the Shop's assortment does not require creating an Account. Placing orders by a Customer for Products in the Shop's assortment is possible by providing necessary personal and address data to allow the order to be processed,
3. The prices given in the Shop are given in PLN and are gross prices (including VAT),
4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal charges), of which the Customer is informed on the pages of the Shop during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
5. Where the nature of the subject matter of the Contract does not reasonably permit prior calculation of the final (definitive) price, the manner in which the price will be calculated, as well as transport, delivery, postal and other charges shall be indicated in the Shop in the Product description.

§6 Rules for placing an Order

In order to place an Order it is necessary to:

1. Select the Product that is the subject of the Order and then click on the "Add to basket" button,
2. Complete 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 (method of delivery of the Product), enter the invoice details if different from the details of the recipient of the Order,
3. Click the "Order and pay" button,
4. Select one of the available payment methods and, depending on the payment method, pay for the order by the specified deadline, subject to § 7 point.

§7 Delivery and payment methods offered

1. The Customer may use the following methods of delivery or collection of the ordered Product:
   • Postal delivery, cash on delivery,
   • Courier delivery, cash on delivery,
   • Personal collection available at: Henryków Lubański 370, 59-800 Lubań or 2 Esperantystów Street, 59-800 Lubań
2. The customer can use the following payment methods:
   • Payment on delivery
   • Cash on delivery
   • Payment by bank transfer to the seller's account
   • Electronic payments
   • Payment by credit card.
3. Detailed information on delivery methods and acceptable payment methods can be found behind the Shop pages.
4. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Shop in accordance with § 6 of the Terms and Conditions.
5. After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
6. If the customer chooses:
   • payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 5 calendar days from the conclusion of the Sales Agreement - otherwise the order will be cancelled.
   • payment on delivery, the Customer is obliged to make payment on delivery.
   • payment in cash upon personal collection of the consignment, the Customer is obliged to make payment upon collection of the consignment within 3 days from the date of receipt of information that the consignment is ready for collection.

§8 Performance of the sales contract

1. If the Customer has chosen a method of delivery other than personal collection, the Product will be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order. The lead time is:

• where the description states that the Product is available - dispatch as standard 48 hours (2 days) from receipt of money on account, i.e. fulfilment up to 96 hours (4 days) from receipt of money on account.In the case of collection in person or payment on delivery - fulfilment up to 48 hours (2 days) from receipt of order.

• where the description states that the Product will be available within 3 weeks - delivery within 4 weeks of receipt of the money in your account.
  For shipments outside Poland, the aforementioned lead times may be extended.

1. If Products with different delivery times are ordered, the delivery date is the longest date given.
2. The start of the period for delivery of the Product to the Customer is calculated as follows:
   • If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account is credited.
   • If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement,
3. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller of the Product's readiness for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order.
4. . In the event of an order for Products with different readiness for collection dates, the readiness for collection date shall be the longest date given.
5. The start of the period for the Product to be ready for collection by the Customer is calculated as follows:
   • If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account is credited.
   • If the Customer chooses the cash on delivery method - from the date of conclusion of the Sales Contract.
6. Delivery of the Product takes place within the European Union and European countries.
7. The delivery of the Product to the Customer is chargeable, unless the Sales Contract states otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop under "Delivery Costs" and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
8. Personal collection of the Product by the Customer is free of charge.

§9 Right of withdrawal

1. The consumer may withdraw from the Sales Contract within 14 days without giving any reason.
2. The period referred to in paragraph 1 shall start to run from the delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.
3. In the case of a Contract which involves multiple Products which are delivered separately, in batches or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, batch or part.
4. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. It is sufficient for the Consumer to send the statement before the deadline for withdrawal from the Contract to be observed.
5. The statement may be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3.
6. If the Consumer sends a statement by electronic means, the Seller shall immediately send the Consumer an acknowledgement of receipt of the statement of withdrawal to the e-mail address provided by the Consumer.
7. Effects of withdrawal from the Agreement:
   • In the event of withdrawal from a Distance Contract, the Contract shall be deemed not to have been concluded.
   • In the event of withdrawal from the Agreement, the Seller shall reimburse to the Consumer immediately, no later than within 14 days of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the item, except for the additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
   • The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer.
   • The Seller may withhold reimbursement until it has received the Product back.
   • The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day period.
   • The consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by post in the usual manner.
   • The consumer shall only be liable for any diminution in the value of the Product resulting from the use of the Product other than what was necessary to establish the nature, characteristics and functioning of the Product.
8. Where, due to the nature of the Product, it cannot be sent back in the usual way by post, information about this, as well as about the costs of returning the Product, will be included in the description of the Product in the Shop.
9. The right of withdrawal from a distance contract does not apply to the Consumer in respect of the Contract:
   • where the object of the performance is a non-refabricated item manufactured to the Consumer's specifications or to meet the Consumer's personalised needs,
   • where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
   • for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the performance of the service by the Seller that after the Seller's performance he will lose his right of withdrawal,
   • in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period,
   • in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery,
   • in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery,
   • for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract,
   • for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal,

§10 Complaints and warranty

1. The Sales Contract covers new Products.
2. The seller is obliged to supply the customer with an item free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
4. Complaints must be made in writing or electronically to the Seller's addresses specified in these Terms and Conditions.
5. It is recommended that the complaint should include, among other things, a brief description of the defect, the circumstances (including the date) in which it occurred, the details of the customer making the complaint and the customer's request in connection with the defect in the goods.
6. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if the Seller does not do so within this period, the Seller shall be deemed to have acknowledged the Customer's request.
7. Goods sent back under the complaints procedure should be sent to Henryków Lubański 370; 59-800 Lubań.

§11 Out-of-court complaint and redress procedures

1. Detailed information on the consumer's possibilities of using out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/ sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of out-of-court complaint and redress procedures: and
   • The consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
   • The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
   • The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

§12 Personal data in the online shop

1. The administrator of the Customers' personal data collected via the Online Shop is the Seller.
2. Customers' personal data collected by the administrator via the Online Shop are collected for the purpose of fulfilling the Sales Agreement and, if the Customer agrees, also for marketing purposes.
3. Recipients of the personal data of the Customers of the Online Shop may be:
   • In the case of a Customer who uses postal or courier delivery methods in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.
   • In the case of a Customer who uses the electronic or credit card payment method in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the aforementioned payments in the Online Shop.
4. The customer has the right to access and correct his/her data.
5. Provision of personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the impossibility to conclude the Sales Agreement.

§13 Final provisions

1. Contracts concluded through the Online Shop are concluded in the Polish language.
2. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes to the law, changes to payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.
3. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Providing Services by Electronic Means; Act on Consumer Rights, Act on Personal Data Protection.
4. The customer has the right to make use of out-of-court complaint and redress procedures. For this purpose, he can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/ odr/.