REGULATIONS

Artistic Internet Gallery

ArtiGravity

§1

The scope of the subject

These regulations define the conditions for the operation and use of the website – Artistic Internet Gallery and the rights and obligations of the Service Provider and Users.

§2

Glossary

Expressions used in these Regulations mean:

• User – each person using the resources and services offered as part of the Gallery,
• Account – individual User account in the electronic system, maintained and managed by the Service Provider,
• Registration – the process consisting in collecting data about the User necessary to create a User Account and assigning a login and password to ensure that the User can use the Account,
• Login – the process of obtaining access to the Account by the User,
• Work – artwork, work offered by the Seller for sale through the Gallery;
• Gallery – ArtiGravity Artistic Web Gallery – a website maintained by the Service Provider via the website http://www.artigravity.pl enabling Users to purchase work from Sellers on the mediation basis;
• Seller – an artist posting works on the Gallery pages and allocating them for sale to Users via the Gallery,
• Service Provider – Agnieszka Prymon STUDIO, NIP 8961463277, REGON: 367672212, Kłodzka street 38/1, 50-536 Wrocław

§3

Copyright

1. The Gallery website is a work within the meaning of the Copyright Act and all copyrights are vested solely in the Service Provider or third parties.
2. The Service Provider declares that all materials posted on the Gallery’s website, including text, photo and graphic materials, and their arrangement constitute intellectual property of the Service Provider or third parties, including in particular Sellers.
3. The Service Provider excludes the possibility of copying, reproduction, modification, distribution or other forms of commercial use of materials owned by the Service Provider, referred to in paragraph. 1, without the prior written consent of the Service Provider.
4. The possibility of copying, reproduction, modification, distribution or other forms of commercial use of materials owned by the Sellers without the prior consent of the Seller is excluded.

§4

Technical requirements

1. In order to use the Gallery, you must have a computer or other terminal device that has access to the Internet.
2. To use the online store it is required to enable the use of short text information called “cookies” (hereinafter: “cookies”). Disabling “cookies” prevents the User from using the website completely.

§5

Services offered as part of the Gallery and the Service Provider’s liability

1. The Service Provider enables Users to become familiar with the Works offered by the Sellers in the virtual exhibition space of the Gallery.
2. The Service Provider enables Users to purchase the Works offered by the Sellers through the Gallery.
3. The Service Provider operates on the principle of associating the User with the Seller. In no case is the Gallery a party to the sales agreement that connects the User and the Seller
4. By purchasing the Work offered through the Gallery, the User makes a payment for the Work and for any shipping costs to the Gallery’s account.
5. The Service Provider shall transfer to the Seller its payment for the purchased Work.
6. The Service Provider shall exercise due diligence in the selection of Sellers offering works through the Gallery, but is not responsible for the failure or improper performance by the Seller of obligations under the concluded sales contract.
7. The Service Provider is not liable for infringement of copyrights made by the User or the Seller.
8. Vendors offering Works in the virtual exhibition space of the Gallery have the right to take leave. During the period of leave, the User may purchase a Work, however, the delivery dates shall be suspended until the end of the holiday period.
9. Information on the Seller’s use of the leave is posted by the Service Provider on the Work website and in the Seller’s gallery.

§6

User registration and logging in

1. The User may make a free Registration in order to create an Account.
2. Registration is carried out by correctly filling out the registration form after reading the contents of these Regulations and accepting its provisions.
3. The registration form is available at the internet address artigravity.pl / …
4. In the registration form, the User provides the following data: e-mail address, first and last name, and password. The data entered into the form should be updated by the User. The data should be updated by changing the relevant data on the User’s account.
5. During the registration, the User may express a separate agreement for the Advertising Provider to send advertising and promotional content directly related to the activity of the Gallery or other services of the Service Provider.
6. In the registration process, the User creates a unique login and password.
7. The Service Provider enables Users who have not made the Registration to purchase the works offered by the Sellers.
8. The Service Provider reserves the possibility of providing some resources and services within the Gallery only to Registered Users. In order to use all services available within the Gallery, you may be required to log in to the User.

§7

Orders

1. The User purchases the Work by completing the purchase form – “Placing an order” located on the Gallery website after logging in to the Account or by filling in the form without having to log in.
2. When making a purchase without logging in, the User provides the following data in the purchase form: name, country, address, telephone number, e-mail. Making a purchase without logging in is possible only after getting acquainted with the content of these Regulations and accepting its provisions.
3. In the case of purchase by the User who has previously logged in, the User’s data are loaded automatically without the need to enter it manually.
4. The buyer should pay for the order within 3 business days from the date of placing the order. In the event of non-payment of the order within this period, the Service Provider sends an e-mail to the buyer with a reminder and a request for payment. In the absence of payment or confirmation of the transfer to the date specified in the email, the Seller has the right to withdraw from the contract of sale and the order is canceled.

§8

Prices and payments

1. All prices of the Works offered through the Gallery are expressed in Polish zlotys. The given prices are gross prices including the due tax on goods and services.
2. Payments for Works offered through the Gallery are made in the form of: traditional bank transfer or by PayU (fast online transfer or Visa and Master Card payment) for the following data:
Recipient: Agnieszka Prymon STUDIO
Recipient’s address: ul. Balzaka 4a / 2, 52-437 Wrocław
Transfer title: order number
DOMESTIC TRANSFER account number mBank 11 1140 2004 0000 3402 7694 6706
TRANSFER FROM ABROAD No. account: PL11 1140 2004 0000 3402 7694 6706
BIC / SWIFT mBank code: BREXPLPWMBK
name and address of the bank of the transfer recipient:
mBank S.A. FORMERLY BRE BANK S.A. (RETAIL BANKING)
Łódź. Postal Box 2108, 90-959 Łódź 2
SORT CODE / accounting number – 11402004
3. The prices listed on the Gallery website do not include delivery costs, which are subject to separate calculation and depend on the form of delivery selected by the User.
4. Immediately after the payment is credited to the Gallery’s account, the Service Provider informs the Seller about the receipt of the payment, and the Seller prepares and sends the Work to the User’s address.

§9

Shipping and delivery

1. The Work Shipping by the Seller takes place on the date declared by the Seller, counting from the date of crediting the payment on the Service Provider’s bank account.
2. In special cases, the duration of the contract may be extended, of which the User is immediately informed by the Service Provider via e-mail.
3. The purchased Work is sent to the User’s address directly by the Seller. The Service Provider is not responsible for the failure to perform or improper performance of the obligation by the Seller.
4. In the case of purchase of several Works offered by the same Seller, it is possible to prepare a collective mail, unless it involves the risk of damage to the Works.
5. In the case of purchase of Works from several Sellers, Works are sent separately. Delivery costs are calculated separately for shipments from different Sellers.
6. The works may be delivered via Poczta Polska, inPost parcel machines, the selected courier by the Seller (the Seller provides selected forms of dispatch).
7. The goods are delivered to the address provided by the Customer in the registration form (this applies to orders made after logging in) or the order form. The Service Provider is not liable for failure to deliver the goods if the customer provided the wrong address.

§10

Contact with the seller

1. The Service Provider allows the Users to contact the Seller via the contact form available on the website of any Job of the Seller in the tab ASK THE QUESTION of the ARTIST and in the Seller’s gallery (available after clicking the Seller’s name for a given Job or after entering the main menu “artists” and selecting a given Seller).
2. The contact form may be used in particular for:
1. obtain information about the dispatch of Artwork,
2. obtain information about the stage of the contract,
3. obtain information about the rules of returning the product,
4. obtain information about the rules of the product complaint,
5. determining the details of the implementation of an individual order,
6. order modification (different size, color, etc.)
7. obtain information about the rules of canceling the order.

§11

Reporting of irregularities

1. Each User in the event of irregularities related to the functioning of the Gallery is entitled to report this fact by sending an e-mail to the following address: kontakt@artigravity.pl or by mail to the address of the Service Provider.
2. The User’s application should contain the User’s data as well as the exact indication of the irregularity to which the notification relates, along with the justification for the notification.
3. The Service Provider will respond to the received notification within no more than 14 days from the date of its receipt.
4. In special cases, i.e. when consideration of an application requires unusual, special actions and arrangements on the part of the Service Provider or encounters objective obstacles that are independent and not caused by the Service Provider (eg hardware failures, Internet network, etc.), the notification may be extended, however not more than 14 days.
5. In a situation in which it is necessary to obtain additional explanations from the User to consider the application, the deadline for responding to the notification is additionally extended by the time of providing explanations by the User.
6. The reply will be sent to the User in the form in which he submitted the application to the address indicated in the application.
7. All complaints regarding payments should be reported to the entity responsible for payment (the appropriate bank or PayU service).

§12

Processing of personal data and privacy policy

1. All personal data collected in the framework of the Gallery are processed by the Service Provider respecting the rights of data subjects and in accordance with applicable law, in particular the provisions of the Act of 29 August 1997 on the protection of personal data (Dz.U.2016.922. )
2. According to art. 23 sec. 1 point 1 of the Act on the Protection of Personal Data, personal data may be processed with the consent of the person concerned.
3. Providing personal data and consenting to their processing by the Service Provider is voluntary. Failure to provide personal data necessary for the implementation or request for their removal may, however, prevent the correct implementation of the order.
4. According to art. 23 sec. 1 point 3 of the Act on Personal Data Protection, personal data may be processed without the consent of the data subject, if it is necessary to perform the contract, if the data subject is its party or if it is necessary to take action before the conclusion of the contract at the request of the data subject.
5. According to art. 23 sec. 1 point 4 of the Act, it is allowed to process personal data without the consent of the person concerned, if it is necessary to fulfill the right or fulfill the obligation under the law.
6. The User may also express separate consent for the use of personal data for the purpose of sending commercial information by means of electronic communication. If such consent is given, the Service Provider is entitled to send this content electronically to the User.
7. Each person whose personal data is processed has the right to control the processing of personal data that pertains to him, in particular by receiving information about the scope and purposes of processing personal data, requesting their correction, updating, supplementing or deleting. A request to delete personal data may prevent the order from being processed correctly.
8. The User’s data may be made available to entitled entities only without prior consent, on the basis of applicable law.
9. Users’ personal data may be transferred to entities cooperating with the Gallery, in particular to the Sellers only for the purpose of performing the contract, i.e. preparing and sending the Work.
10. The Administrator of Personal Data processed in connection with the functioning of the ArtiGravity Gallery is Agnieszka Prymon STUDIO, NIP 8961463277, REGON: 367672212, Balzaka 4a / 2, 52-437 Wrocław.

§13

Consumer’s rights – warranty, withdrawal from the contract (returns)

1. The Service Provider is not a party to the sales contract consolidated through the Gallery.
2. The Seller shall be liable to Users on the terms set out in the Act of 23 April 1964 Civil Code. (Logbook 2017.459).
3. Consumers are considered to be Users who, being a natural person, perform with the entrepreneur a legal action not related directly to their business or professional activity.
4. The sellers exclude liability under warranty for non-consumers (ie, companies or entrepreneurs).
5. In order to make it easier for the Users to exercise their rights resulting from the applicable provisions of law and in the care for the quality and safety of the services provided, the Gallery covers the patronage of complaint proceedings and other procedures resulting from consumer rights.
6. The Service Provider makes it possible to submit a complaint and declarations of withdrawal from the contract via the form available on the Gallery’s website: https://artigravity.pl/formularz-zwrotu/
7. Submission of a complaint or a declaration of withdrawal from the contract through the form will be treated and respected as a declaration made directly to the Seller.
8. The proposed form of claims does not prejudice the general regulations protecting consumers.

9. A consumer who has concluded a contract at a distance or away from business premises, may within 14 days withdraw from it without giving a reason and without incurring costs, with the exception of shipping costs higher than the cheapest mode of delivery of the parcel offered by the Seller.
The Buyer who is not a Consumer (natural person), only an Entrepreneur (a company running a business), is not entitled to withdraw from the contract by law.
10. The declaration of withdrawal should include the name and surname of the buyer, the order number, the name of the Seller, the name / work name, the date of receipt of the work containing the work, e-mail address for correspondence and the number of the bank account to which the consumer should be reimbursed receivables.
11. The statement should be submitted via the form available at https://artigravity.pl/formularz-zwrotu/
12. In the event of withdrawal from the contract in the manner provided for in paragraph 9, the User shall bear the direct cost of returning the item. In the case of a refund made in a manner other than personal delivery, the Work must be sent to a registered item.
13. The time limit for withdrawal of the contract described in paragraph 9 shall run from the moment the transferred work is taken over by the consumer or a third party designated by him, other than the carrier.
14. The right to withdraw from the contract is not payable if the object of the service is a non-prefabricated item, manufactured according to the consumer’s specification or serving to satisfy his individual needs.
15. The entrepreneur is obliged to immediately, not later than within 14 days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivering the goods. Refunds shall be made using the same method of payment as that used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement which does not entail any costs for him. If the entrepreneur has not offered to pick up the item from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the goods back or the consumer provides proof of sending back the goods, whichever occurs first.
16. The consumer is obliged to return the item to the entrepreneur or transfer it to the person authorized by the entrepreneur to receive it immediately, but not later than 14 days from the day on which he withdrawn from the contract, unless the entrepreneur suggested that he would pick up the item himself. To meet the deadline, all you have to do is return the item before its expiry.
17. If the sold item has a defect, the buyer may submit a statement of price reduction or withdrawal from the contract, unless the seller immediately and without excessive inconvenience to the buyer replace the defective product with a defect-free one or remove the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller has not satisfied the obligation to exchange the item for one free from defects or to remove the defect.

18. A complaint should include the name and surname of the buyer, order number, name of the Seller, name of work, date of receipt of the parcel containing the work, e-mail address for correspondence, indication of the bank account number, which should be refunded to the consumer, if any indication of the causes of the complaint and specification of the consumer’s request (replacement of the Work or removal of the defect, reduction of the price, withdrawal from the contract).
19. The application should be submitted via the form available at https://artigravity.pl/formularz-zwrotu/
20. If the consumer is the buyer, instead of the defect proposed by the seller, request replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless it is impossible to bring things to compliance in the manner chosen by the buyer or would require excessive costs compared to the method proposed by the seller. When assessing the excess of costs, the value of the item free of defects is taken into account, the type and significance of the defect found, and the inconvenience to which the buyer would otherwise expose the buyer to the account.
21. The basis of the complaint can not be differences in the appearance of the Work purchased and received, which result from the difference in the setting of the Buyer’s monitor parameters, in particular the difference in colors and shades of the materials from which the Work was made.
22. The Service Provider will make every effort to resolve any disputes between Users and Sellers in an amicable manner.

§14

Amendments to the Regulations

1. The Service Provider reserves the right to make changes to these Regulations, about which immediately, ie within not less than 14 days before the introduction of changes, will inform on the Gallery’s website and electronically (applies to registered Users)
2. The Service Provider will inform about the fact of changing the Regulations by publishing information on the Gallery website about making changes and placing the unified text of the amended Regulations and indicating which of the existing provisions of the Regulations have changed.
3. The Regulations may be amended at any time, in particular for important technical, legal and / or organizational reasons, without the need to justify these reasons.
4. Use by the User of the Gallery after the entry into force of amendments to the Regulations is tantamount to acceptance of the changes introduced.
5. Any changes to these Regulations enter into force within 14 days from the date of their publication on the website, and in the case of registered customers after sending relevant information by email.
6. Any changes to the Regulations do not affect the manner of execution of orders placed before the introduced changes take effect. The orders made before the amendments to the Regulations enter into force shall apply as of the date of placing the order.

§15

Final Provisions

1. These Regulations are made available to Clients free of charge, in a manner enabling its acquisition, reproduction and recording of its content.
2. These Regulations are available on the website at https://artigravity.pl/regulamin/
3. Communication between the parties takes place in written or electronic form. In the case of written communication, all correspondence should be directed to the address of the Service Provider. Upon receipt of written correspondence, the Service Provider will respond to the address provided in the Customer’s letter. In the case of electronic communication, the Service Provider will send the Customer information to the e-mail address from which the correspondence was received.
4. These Regulations come into force on the day of publishing it on the website of the online store.
5. If one of the provisions of these Regulations is or will be ineffective, this shall not affect the binding force of the other provisions. In place of the ineffective provision of the Regulations, the rule will apply, which is the closest to the purposes of the invalid provision and all of these Regulations.
6. Any disputes arising from the provision of services by the Service Provider will be settled amicably, and in the event of disagreement will be resolved by the competent local and factual court.
7. For all legal relationships arising from these Regulations, Polish law is appropriate.
8. For matters not regulated in these Regulations, generally applicable provisions of law shall apply.