Terms And Conditions
TERMS AND CONDITIONS FOR THE
WHOISKRY.COM ONLINE ART GALLERY
§ 1
GENERAL PROVISIONS
- These Terms and Conditions shall govern all use of the whoiskry.com online Art Gallery by all Users.
- The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Work Sales Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the whoiskry.com online Art Gallery, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
- By using the Electronic Services available through the Art Gallery located at whoiskry.com, the User agrees to be legally bound and to abide by these Terms and Conditions.
- To all matters not settled herein the following provisions of Polish law shall apply:
- Act on Rendering Electronic Services of 18 July, 2002,
- Consumer Rights Act of 30 May 2014,
- Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,
- Provisions of the Civil Code Act of 23 April, 1964
- Act on Copyright and Related Rights of February 4, 1994
- and all other applicable provisions of Polish law.
§ 2
DEFINITIONS FOR THESE TERMS AND CONDITIONS
- TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
- ART GALLERY − shall mean the Service Provider’s online Art Gallery located at whoiskry.com.
- ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Art Gallery.
- CONTACT FORM – shall refer to the electronic form available on the website whoiskry.com that allows you to send a message to the Service Provider.
- ORDER FORM – shall refer to the electronic form available at whoiskry.com, required for Order placement.
- SEARCH ENGINE - Electronic Service made available to Service Users by the Service Provider, enabling the search for specific content based on the data provided by the Service User.
- OPINION SYSTEM - Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions regarding Works.
- ARTIST – author of a given Work.
- SELLER, SERVICE PROVIDER – Patrycja Karolina Kryszczuk-Kutia trading as KRY_studio PATRYCJA KRYSZCZUK-KUTIA entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, tax identification number NIP: 9121859789, statistical number REGON: 368265041, place of business and address for service: ul. Gerberowa 14A, 52-221 Wrocław, Poland, email address: patrycjakry@gmail.com, telephone number: …………..
- USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
- CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.
- CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
- ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf.
- WORK - a work of a specific Artist available on the website, which is the subject of the Sales Agreement between the Customer and the Seller.
- SALES AGREEMENT – shall refer to any Work Sales Agreement concluded between the Customer and the Seller through the Art Gallery.
- ORDER – shall refer to the Customer’s declaration of intent to enter into a Work Sales Agreement with the Seller.
- PRICE – value expressed in monetary units that the Customer is obliged to pay to the Seller for the Work.
§ 3
WORK AND ORDER INFORMATION
- The Art Gallery located at whoiskry.com sells Works via the Internet.
- Works offered through the Art Gallery are new or used, free from physical or legal defects and have been legally introduced onto the Polish market.
- The Seller issues a certificate of authenticity for each Work.
- The information provided at whoiskry.com does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Work under the terms set forth in the Work description.
- The Work prices at whoiskry.com are given in Polish zlotys (PLN) and include all measurable costs, such as value added tax (VAT). The prices do not include delivery fees unless the Sales Agreement provides otherwise.
- The price of the Work shown on the Art Gallery's website is binding at the time the Customer places the Order. This price will not change regardless of changes in Art Gallery Prices that may appear in relation to individual Works after the Customer places the Order.
- The Service Provider clearly informs Customers about Unit Prices and promotions and price reductions for Works. In addition to information about the Price reduction, the Service Provider displays the lowest Price of this Work, which was valid in the period of 30 days before the introduction of the reduction, and if the Work is offered for sale in a period shorter than 30 days - the Service Provider displays the lowest Price of the Work, which was valid in the period from the date of commencement of the reduction. offering this Work for sale until the date of introduction of the discount.
- Orders can be placed through the website 24 hours a day, 365 days a year by completing an Order Form at whoiskry.com.
- Customers are required to read and accept these Terms and Conditions during Order placement.
§ 4
CONCLUDING SALES AGREEMENTS
- In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 8 and 9 of the Terms and Conditions, by choosing one of the methods made available by the Seller.
- After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.
- The Order confirmation email shall include the following elements:
- confirmation of all relevant Order details,
- withdrawal from the agreement,
- these Terms and Conditions containing information on the right of withdrawal.
- After verification of the Order, the Seller sends a second e-mail to the Customer, confirming that the Order has been accepted for processing. Confirmation of acceptance of the Order for execution binds the Customer to his Order.
- After receiving the confirmation email, as set forth under point 4 of this paragraph, the Sales Agreement between the Customer and the Seller is finally concluded.
- Each Sales Agreement will be confirmed by a proof of purchase (fiscal receipt), which will be attached to the Work and / or sent by e-mail to the Customer's e-mail address provided in the Order Form.
§ 5
METHODS OF PAYMENT
- The Seller provides payment via an electronic payment systems (PayPal.com, Przelewy24.pl).
- All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish or foregin banks.
- In the case of payment on delivery, the parcel is sent after verifying the correctness of the address details. The Customer is obliged to pay for the Order and collect the Work from the supplier.
- The Customer is obliged to pay the Price under the Sales Agreement within 10 minutes of placing the Order, unless the Sales Agreement provides otherwise.
- Work shall be dispatched only after payment is received.
§ 6
COST, DATE AND METHODS OF DELIVERY OF WORKS
- The delivery costs of the Work covered by the Customer are determined during the Order placement process.
- The delivery date of the Work includes the time of its completion and the time of its delivery by the carrier:
- the completion time of the Work is up to 3 business days from the moment of positive authorization of the transaction by the electronic payment system,
- the delivery of Works constituting movable items by the carrier takes place within the time declared by the carrier, i.e. up to 2 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
- Works purchased in the Gallery are sent via a courier company.
- The Customer may also pick up the Works purchased in the Art Gallery in person after prior e-mail or telephone contact.
§ 7
COMPLAINTS PROCEDURE
- The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Works with the contract are specified in the Consumer Rights Act of May 30, 2014.
- The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur referred to in § 9 under the warranty are specified in the Civil Code Act of April 23, 1964.
- The Seller is liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for the lack of compliance of the Work with the contract existing at the time of delivery of the Work and disclosed within 2 years from that moment.
- Notification of non-compliance of the Work with the contract and submission of an appropriate request may be made via e-mail to the following address: patrycjakry@gmail.com or in writing to the following address: ul. Gerberowa 14A, Wrocław, 52-221.
- The above message, in written or electronic form, should include as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller.
- To assess the non-compliance of the Work with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to make the Work available to the Seller, and the Seller is obliged to collect it at his own expense.
- The Seller will respond to the Customer's request immediately, no later than within 14 days of receiving it.
- In the case of a complaint by a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.
- The Customer who is a Consumer or the entity referred to in § 10 may demand that the Work be replaced or repaired by the Seller first. The Customer may request a price reduction and withdrawal from the contract only in the cases specified in the Consumer Rights Act of May 30, 2014 (including when the non-compliance of the goods with the contract is significant, when the Seller refused to bring the goods into compliance with the contract). or when the lack of conformity of the goods with the contract persists, even though the seller has already tried to bring the goods into conformity with the contract).
- In connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller:
- covers the costs of repair or replacement and re-delivery of the Work to the Customer,
- reduces the Price of the Work (the reduced Price must be in the proportion of the Price of goods consistent with the contract to goods inconsistent with the contract) and returns the value of the reduced Price to the Consumer or the entity referred to in § 10 no later than within 14 days of receiving the declaration of the Price reduction from the Consumer or the entity referred to in § 10,
- in the event of withdrawal from the contract by the Consumer or the entity referred to in § 10 - the Seller returns the Price of the Work no later than 14 days from the date of receipt of the returned goods or proof of its return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to immediately return the goods to the Seller at the Seller's expense.
- The response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.
§ 8
RIGHT TO WITHDRAW
- With the reservation of point 10 of this paragraph the Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions who concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days. To meet this deadline, it is enough to send a declaration of withdrawal from the contract provided by the Art Gallery.
- In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to return the Work to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the Work himself. To meet the deadline, it is enough to return the Work before its expiry.
- In the event of withdrawal from the Sales Agreement, the Work should be returned to the following address: ul. Gerberowa 14A, Wrocław, 52-221.
- The Consumer or the entity referred to in § 10 of the Terms and Conditions are liable for reducing the value of the Work resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Work, unless the Seller has not informed the Consumer or the entity referred to in § 10 on the method and deadline for exercising the right to withdraw from the contract, and also did not provide him with a sample withdrawal form. In order to determine the nature, characteristics and functioning of the Work, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle the Works and check them only in the same way as they could do it in a stationary store.
- Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Work along with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to a different method of return, which does not involve any costs for them. Subject to point 7 of this paragraph, the return will be made immediately, and no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
- If the Consumer or the entity referred to in § 10 of the Terms and Conditions has chosen a method of delivery of the Work other than the cheapest standard delivery method offered by the Art Gallery, the Seller is not obliged to reimburse them for additional costs incurred.
- If the Seller has not offered to collect the Work himself from the Consumer or the entity referred to in § 10 of the Terms and Conditions, he may withhold the refund of payments received from the Consumer until the goods are received back or delivered by the Consumer or the entity referred to in § 10 of the Terms and Conditions, proof of its return, depending on which event occurs first.
- The Consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Work to the Seller.
- The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract is counted as:
- for a contract under which the Seller delivers the Work and is obliged to transfer its ownership - from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party other than the carrier indicated by them) took possession of the Work,
- for a contract that covers many Works that are delivered separately, in batches or in parts - from taking possession of the last Work, its batch or part,
- for an agreement involving the regular delivery of Works for a specified period of time - from taking possession of the first of the Works,
- for other contracts - from the date of conclusion of the contract.
- The right to withdraw from a distance contract is not available to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Agreement:
- in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to meet his individual needs,
- in which the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery,
- in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things,
- for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has completed the service, he will lose the right to withdraw from the contract and has acknowledged this fact ,
- in which the subject of the service is goods that deteriorate quickly or have a short shelf life.
- Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to perform its obligation within a strictly specified period.
§ 9
TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)
- This paragraph contains provisions only for entrepreneurs not covered by protection under the Act on Consumer Rights, referred to in § 10 of the Terms and Conditions.
- The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.
- The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.
- The risks and rewards of ownership including but not limited to the risk of loss of or damage to a Work shall pass to the business Customer when the Work is picked up from the Seller by the carrier. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Work or for any delay in delivery.
- Business Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the Work is missing, wrong or damaged he should take all measures necessary to establish the liability of the carrier.
- The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.
§ 10
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
- An entrepreneur conducting sole proprietorship (this paragraph does not apply to commercial companies) is protected by the Act on Consumer Rights, provided that the Sales Agreement it concludes with the Seller is not of a professional nature.
- A person conducting business activity, referred to in item 1 of this paragraph, is protected only in the scope of:
- prohibited contractual provisions - the so-called abusive clauses,
- liability under the warranty for physical and legal defects of the Work, in accordance with § 7 of the Terms and Conditions,
- the right to withdraw from a distance contract, in accordance with § 8 of the Terms and Conditions.
- The entrepreneur referred to in item 1 of this paragraph loses his consumer protection rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
- Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider grants access to the following Electronic Services:
- concluding Works Sales Agreements,
- sending a message via the Contact Form,
- Search Engine.
- These Terms and Conditions shall apply to all Electronic Services provided through whoiskry.com
- The Service Provider reserves the right to display advertising content at whoiskry.com Advertisements are an integral part of the online Art Gallery front and the materials presented therein.
§ 12
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The Electronic Services set forth under § 11 point 1 of these Terms and Conditions are free of charge.
- Term of the agreement:
- Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
- Electronic Services Agreements enabling the User to send a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated when the message is sent or the User ceases to send it.
- the contract for the provision of an Electronic Service involving the use of the Search Engine is concluded for a fixed period of time and is terminated when the Service User stops using this Electronic Service.
- End-user hardware, network and software requirements for the ICT system used by the Service Provider:
- a computer (or a mobile device) with an active Internet connection,
- access to email account,
- Internet browser,
- enabling cookies and Javascript in the Internet browser.
- The User agrees to use the Art Gallery in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
- The User is obliged to provide accurate and complete information to the Service Provider.
- The User is prohibited from providing any unlawful or illegal content.
§ 13
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
- Complaints about Electronic Services provided via whoiskry.com should be submitted via email to patrycjakry@gmail.com
- All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
- All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
- A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
§ 14
INTELLECTUAL PROPERTY
- The compilation of all content at whoiskry.com (with the stipulation of § 14 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Patrycja Karolina Kryszczuk-Kutia trading as KRY_studio PATRYCJA KRYSZCZUK-KUTIA entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, tax identification number NIP: 9121859789, statistical number REGON: 368265041, place of business and address for service: ul. Gerberowa 14A, 52-221 Wrocław, Poland. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at whoiskry.com without the consent of the Service Provider.
- Any use or reproduction of the content of the website located at whoiskry.com or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
- All trade names, company names and their logos used on the Art Gallery's website at whoiskry.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Art Gallery's website at whoiskry.com are used for informational purposes.
- All Works presented on the Art Gallery's website are protected by copyright.
§ 15
FINAL PROVISIONS
- Agreements concluded through the Art Gallery are construed in accordance with the laws of Poland.
- Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
- Any disputes between the Art Gallery and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 5 of this paragraph.
- Judicial dispute settlement procedures:
- Any disputes arising between the Service Provider and the consumer User (Customer) or the entity referred to in § 10 of the Terms and Conditions, shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
- Any disputes arising between the Service Provider and the non-consumer User (Customer), referred to in § 9 of the Terms of Conditions, shall be settled by the court having jurisdiction over the Service Provider’s registered office.
- Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
- Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/