Regulations

I. Definitions

§ 1
In these regulations of the universum-art.pro store, hereinafter referred to as the “Regulations”, the following terms should be understood:

a. “Seller” – Universum Justyna Kubik with its seat in Wałbrzych at ul. Orkana 84 A, 58-307 Wałbrzych, NIP: 886-244-11-72, REGON: 812656440, e-mail address: universum.art.pro@gmail.com,

b. “Store, Gallery” – the online Universum Store, which is available on the website http://www.universum-art.pro and subpages,

c. “Customer” – each person who placed the order and is in the process of placing the order,

d. “Consumer” – a person defined in the provision of art. 221 of the Civil Code, i.e. a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity,

II. General provisions

§ 1
The Regulations define the rules for the provision of services by electronic means by the Seller to customers and concluding online contracts for the sale of works of art in the Store’s assortment for the prices given on its respective subpages.

§ 2
The content presented on the Store’s website, in particular announcements, advertisements, price lists and other information, is not a commercial offer within the meaning of art. 66 and 661 [1] of the Civil Code, but an invitation to tender.

§ 3
The prices of works of art in the Gallery’s assortment are expressed in Polish zlotys and euros and include VAT. The Seller may modify the Store’s assortment, prices of works of art, and carry out and cancel promotional campaigns. The changes do not affect the contracts for the sale of individual works of art already concluded with customers. The prices given in the Store do not include shipping costs.

§ 4
Photos and descriptions of works of art and other materials on the main page and subpages of the Store are the intellectual property of the Seller or the copyright holders of the works. Their use without the consent of the Seller or the copyright holder may violate copyright.

§ 5
A purchase in the Store may be made by telephone or via e-mail.

§ 6
The store carries out orders in Poland, as well as outside Poland. Foreign orders are carried out on the basis of individual arrangements with the customer carried out electronically, including in particular the amount of shipping costs.

§ 7
To use the Store, it is sufficient: Internet access, an e-mail address, a standard operating system and a web browser. To correctly place an order, it is required to enable cookies in the web browser. Cookies are used to maintain the ordering process, as well as to maintain the proper functioning of the website and statistical purposes. They can then be deleted using the appropriate options available in the web browser or using other software. Detailed information on cookies is contained in the provisions of VII of the Regulations.

III. Placing and accepting an order

§ 1
a. Sale of works of art is based on orders placed by the customer. The customer has the option of placing an order after providing all the data necessary to complete the order, by contacting the Store via e-mail: universum.art.pro@gmail.com or by phone +48 731 201 021. Orders can be placed from Monday to Friday from h. 8.00-16.00.

§ 2
1. In order to conclude a contract of sale of a work of art with the Seller, the Customer, after selecting a work of art, should click on the add to cart field. The works of art in the cart are not yet ordered and the customer has the option to add more works of art to the cart, remove the works of art there, and cancel the order.

2. After adding all the works of art that the customer wants to order to the basket, click the “ORDER” button. The customer will be transferred to the page containing the basket summary.

3. After verifying the basket, click “Continue”. At this stage, the customer selects the delivery address and has the option of indicating additional comments to the order. It is forbidden to post unlawful comments.

4. Then select the method of delivery and payment, which are indicated in the following paragraph.

5. The works of art indicated in the basket along with their prices, as well as the chosen method of delivery and payment together with their cost, constitute an offer addressed to the Customer by the Seller to purchase these works of art. Upon clicking the “Place an order” button, the Customer accepts the Seller’s offer, which results in the conclusion of the contract. Then, the Seller sends an e-mail confirming the terms of the concluded contract.

IV. Delivery and payment

§ 1
1. The methods, costs and dates of delivery of goods are specified each time an order is placed. The following payment methods are available: traditional transfer. The acceptable form of delivery is courier.

2. The customer should make the payment within 3 days from the date of the sale contract.

3. The costs related to the payment and delivery of the artwork are borne by the customer. The cost of delivery is PLN 40, and in the case of an order with a value exceeding PLN 3,500, the cost of delivery will be charged to the Seller. The cost of shipping a work of art abroad is determined individually. For this purpose, before placing an order, please contact the Gallery via e-mail or by phone.

4. The order fulfillment time should not exceed 7 working days from the date of receipt of the payment on the Gallery’s account. In special cases, if the order processing time turns out to be longer than 7 days, the Gallery contacts the Customer to inform about the delay and its cause.

§ 2
The order is accompanied by a sales document compliant with tax regulations and a certificate of authenticity.

§ 3
The seller points out that the customer has the option of checking the condition of the shipment, opening it and checking the completeness of the order in the presence of the courier. In the event of irregularities, the Seller recommends drawing up a damage report.

V. Returns and complaints

§ 1
1. If the Customer is a Consumer, then he has the right to withdraw from the sales contract concluded with the Seller without giving reasons, within 14 days. The deadline to withdraw from the contract expires after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods. If the subject of the contract consists of many items that are delivered separately, this period expires after 14 days from the date on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last item.

2. To exercise the right to withdraw from the contract, the Customer should inform the Seller about his decision to withdraw from the contract by an unequivocal statement (for example, in writing sent by post or by e-mail to the Seller’s address provided in § 1 (a) of the Regulations).

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 right to withdraw from the contract is not entitled if the subject of the contract is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs.

5. In the event of withdrawal from the contract, the Seller shall return to the Customer all payments received from him, including the costs of delivering the item (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case not later than 14 days from the date of receipt of the Customer’s declaration of withdrawal from the contract. The Seller will refund the payment 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 event, the Customer will not incur any fees as a result of this return.

6. The Seller may withhold the reimbursement until receipt of the item or until proof of its return is provided, whichever occurs first.

7. The customer should send back or hand over the item to the Seller immediately in an undamaged condition, and in any case not later than 14 days from the date on which he informed about the withdrawal from the contract. The deadline is met if the Customer returns the item before the expiry of the 14-day period.

8. The customer bears the direct costs of returning the items.

9. The customer is only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.

§ 2
1. The Seller informs that he is obliged to deliver the subject of the order free from defects.

2. Complaints may be submitted in writing to the Seller’s address provided in the provision of § 1 lit. a or by e-mail to the following e-mail address: universum.art.pro@gmail.com, or otherwise.

3. The complaint should include the Customer’s data, order designation (ie data that allows to identify them) and a description of the event being the basis for the complaint.

4. Complaints are considered within 14 days from the date of their receipt by the Seller.

VI. Personal data

§ 1
1. Providing personal data is voluntary, but necessary to use the above services offered in the Gallery. Without providing personal data, the provision of these services will not be possible.

2. All personal data entered by the Customer into the registration form or provided in correspondence with the Seller are processed in a manner consistent with the requirements set out in Polish law, and in particular the Act of August 29, 1997 on the protection of personal data and the Act on on July 18 2002 on the provision of electronic services. From 25/05/2018, personal data will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC, hereinafter referred to as “GDPR”.

§ 2
1. The Seller is the administrator of personal data.

2. The Seller may entrust the processing of the collected personal data of Customers to another entity on the basis of a contract for entrusting the processing of personal data.

3. The Seller informs that the recipients of personal data will be: entities hosting the Gallery, state authorities authorized under separate regulations, payment operators, courier and postal service providers, accounting offices, entities providing IT services for the Gallery.

§ 3
1. The customer has the right to access their personal data and may verify or correct them, as well as delete them by sending an appropriate request to the Seller.

2. From May 25, 2018, the Customer will also have the right to limit the processing and the right to transfer personal data. If personal data is processed contrary to the legal requirements, the Customer will have the right to lodge a complaint with the supervisory authority.

3. From May 25, 2018, the Customer will also have the right to object to the processing of personal data, including an objection to processing for direct marketing purposes.

§ 4
1. The Seller processes the personal data of Customers and uses them to the extent and for the purpose necessary to provide the services offered through the Gallery and for the marketing purpose of promoting the Seller and its services.

2. The legal basis for the processing of personal data is art. 6 sec. 1 lit. b, c. f GDPR. The legitimate interest of the controller is marketing of its own services and opinion polls.

3. The Seller, on the basis of an additional and optional consent given by the Customer, has the right to send him marketing information to the e-mail address provided. The consent referred to in the preceding sentence may be revoked at any time by the Customer. In the event of such consent, the legal basis for the processing of personal data will also be Art. 10 of the Act of July 18, 2002 on the provision of electronic services and art. 172 of the Act of July 16, 2004, Telecommunications Law.

§ 5
Personal data will be processed for the time needed to provide services to the Customer by the Seller, and after their completion, for the time needed to demonstrate the correctness of the Seller’s obligations to the Customer. This period corresponds to the length of the limitation period for claims. Personal data processed in the scope of conducting marketing activities will be processed for the duration of their conduct by the Seller or the Customer’s objection to further processing of personal data for marketing purposes, or the withdrawal of consent to sending marketing information to the e-mail address.

§ 6
The Seller uses the technical measures required by the current provisions on the protection of personal data to prevent the acquisition and modification of personal data sent electronically by unauthorized persons.

§ 7
1. The gallery uses Google Analytics, a web analytics service provided by Google, Inc., hereinafter referred to as “Google”.

2. Google Analytics uses “cookies”, that is text files placed on the computer or other device of the Customer in order to enable the Portal to analyze the manner in which the Customers use it.

3. Google will use this information to evaluate the use of the Portal by the Customer, to compile reports on website activity for website operators and to provide other services related to website activity and Internet use.

4. Google may also transfer this information to third parties if it is required to do so by law or if these persons process such information on behalf of Google.

5. The user may disable the operation of Google Analytics by installing a free Google Analytics blocking browser plug-in available at this link:

https://tools.google.com/dlpage/gaoptout?hl=pl.

VII. Cookies

§ 1
1. The Seller uses cookies (cookies), i.e. small text information, stored on the Customer’s end device (e.g. computer, tablet, smartphone). Cookies can be read by the Publisher’s IT system or other entities.

2. The Seller uses both internal cookies, i.e. from the Gallery, and external cookies, i.e. from entities other than the Seller.

3.The Seller stores cookies on the Customer’s end device and then gains access to the information contained therein for the following purposes: statistical, adjusting the content of the Gallery to the preferences of a given Customer, marketing (including online remarketing) and ensuring the proper operation of the Gallery, in particular maintaining the session after logging in.

§ 2
1. The Seller informs the Customers that it is possible to configure the web browser in such a way that it prevents the storage of cookies on the Customer’s end device.

2. The Seller indicates that cookies may be deleted by the Customer after they have been saved by the Seller, through: appropriate functions of the web browser, programs used for this purpose or using appropriate tools available under the operating system used by the Customer.

3. The following links contain information on how to delete cookies in the most popular web browsers:

Firefox: support.mozilla.org/pl/kb/usuwa-ciasteczek

Opera: help.opera.com/Windows/12.10/pl/cookies.html

Internet Explorer: windows.microsoft.com/pl-pl/internet-explorer/delete-manage-cookies#ie=ie-11

Chrome: support.google.com/chrome/answer/95647?hl=pl

§ 3
The seller also informs customers that changing the configuration of the web browser, which prevents or restricts the storage of cookies on the customer’s end device, may limit the functionality of the services provided. The deletion of cookies during the service provision may lead to similar effects.

VIII. Changes to the regulations

§ 1
1. The Seller has the right to unilaterally amend the Regulations on the terms specified in the provisions of this paragraph in the event of one of the following reasons:

a. Introducing new services related to the Gallery by the Seller,

b. Changes in delivery or payment methods,

c. Modification of the purchasing path,

d. Amendments to the provisions of the law, which make it necessary to adapt the provisions of the Regulations to them, in particular amendments to the provisions on: consumer protection, the provision of electronic services, the protection of personal data, in the event of this reason, the Regulations may be changed to the extent necessary to adapt its content to new legal requirements.

2. Amendments to the Regulations do not apply to sales contracts concluded before the new version of the Regulations comes into force.

IX. Final Regulations.

§ 1
When using the Gallery and in correspondence with the Seller, it is prohibited to provide illegal content.

§ 2
Please be advised that at http://ec.europa.eu/consumers/odr/ there is a platform for the online dispute resolution system concerning distance contracts between consumers and entrepreneurs. The platform is an access point for consumers and entrepreneurs who would like to take advantage of out-of-court settlement of consumer disputes regarding online transactions.

§ 3
The Regulations are available at the Seller’s premises and on the website: http://universum-art.pro/regulamin

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