Terms of Service – Regulations

§ 1 General Information

1. These Terms and Conditions set out the terms and conditions for the sale of visual art works (hereinafter referred to as the “Works”) by the brand Fine Art Prints, registered as UniqArte Sp. z o.o., ul. Noakowskiego 12/43, 00-666 Warsaw, Tax ID (NIP): 7011110351, KRS: 0000997172 (Register of Entrepreneurs maintained by the 12th Commercial Division of the National Court Register in Warsaw), REGON: 523402883, via the website operating at www.fineartprints.pl.
2. Sales are conducted over the Internet as a distance contract between the person placing the order (hereinafter referred to as the “Client”) and the seller (hereinafter referred to as the “Store”).
3. A Client of the Store can be a natural person, a legal person, or an organizational unit without legal personality (provided such a unit is granted legal capacity by law), having full legal capacity and an active email account.
4. Every Client placing an order is required to familiarize themselves with these Terms and Conditions. Lack of knowledge of these Terms and Conditions does not exempt anyone from adhering to the rules contained herein.
5. Before making a purchase, the Client confirms that they have read these Terms and Conditions and declares that they accept them in their current form. In case of doubt, it is assumed that by performing the first action related to the purchase, the Client accepts these Terms and Conditions and agrees to their application in concluding the transaction.

§ 2 Client Registration and Privacy Protection

1. Client registration is carried out after entering the required data in the registration form.
2. The Client’s provision of registration data is essential for completing a purchase transaction. It is in the Client’s interest to provide correct data enabling contact and delivery of the Work. The Store shall not be held responsible for any consequences resulting from incorrect data provided by the Client.
3. The Client undertakes to keep the personal data provided in the registration form up to date. In case of doubt, any contact or delivery made using the addresses provided in the registration form will be considered effective.
4. The Store reserves the right to cancel an order if the data provided by the Client in the registration form is incorrect or insufficient to complete the order (incomplete).
5. Registering on the Store’s website is equivalent to giving consent to the Store to process the Client’s personal data (if such data has been provided). The Client may also consent to receive promotional and informational materials related to the Store’s business activities via electronic mail.
6. The Store processes the Client’s personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”).
7. The controller of the personal data is UniqArte Sp. z o.o., ul. Noakowskiego 12/43, 00-666 Warsaw, Tax ID (NIP): 7011110351, KRS: 0000997172 (Register of Entrepreneurs maintained by the 12th Commercial Division of the National Court Register in Warsaw), REGON: 523402883.
8. You can contact the Controller via email at: studio@fineartprints.pl.
9. The Client’s personal data is processed for the purpose of providing electronic services, in particular maintaining the Client’s account in the store, as well as concluding and performing sales contracts, including payment for purchased goods and providing discounts, delivering goods, sending order fulfillment notifications, handling the complaint process, ensuring proper customer service, tailoring advertising offers to clients’ needs, displaying advertisements and sending commercial information, handling inquiries and complaints, publishing public opinions about purchased goods, and enabling contact between buyers and the seller.
10. The legal basis for the processing of personal data may be the Client’s consent (Article 6(1)(a) GDPR), the necessity to take action at the Client’s request (Article 6(1)(b) GDPR), or purposes related to the legitimate interests pursued by the Controller or by a third party (Article 6(1)(f) GDPR). The Controller’s legitimate interests include providing the best possible quality of service, tailoring the product offer to the needs and expectations of buyers, as well as conducting marketing, promotional, and advertising activities. The recipients of personal data may be entities cooperating with the Controller in performing the tasks specified in point 9, in particular companies providing goods delivery services (couriers), banks, service providers necessary for sending order fulfillment notifications, providers of advertising and marketing services, as well as companies cooperating with the Store that provide services in the field of invoicing, payment settlement, and accounting.
11. The Client’s personal data may be transferred to third countries, i.e., outside the European Economic Area (EEA), or to international organizations, but only to entities that provide appropriate safeguards and guarantee the rights of the data subjects and effective legal remedies. This particularly includes the Controller’s use of services provided by Google and Facebook, to the extent necessary to achieve the purposes indicated in point 9.
12. The Client’s personal data will be processed by the Controller for the period necessary to provide services or for other purposes indicated in point 9 above.
13. The Client has the right to:
    • Request access to their personal data from the Controller,
    • Request rectification of their personal data from the Controller,
    • Request erasure or restriction of the processing of their personal data from the Controller,
    • Object to the processing of personal data for direct marketing purposes,
    • Object to profiling to the extent that processing is related to direct marketing,
    • Withdraw consent to the processing of their personal data,
    • Lodge a complaint with a supervisory authority.
14. The Client is not under a statutory obligation to provide personal data; however, such an obligation may arise from specific legal provisions. The consequence of not providing personal data may be, in particular, the inability to provide services to the Client, especially the inability to conclude a sales contract for goods in the online Store.
15. The Client’s personal data may be subject to automated profiling to the extent necessary for advertising and marketing services and for decisions about granting the Client a sales discount. Profiling may include, above all, analyzing the Client’s previous purchasing decisions, on the basis of which the Store will attempt to tailor future offers. Profiling also enables the granting of an appropriate discount, the provision and amount of which depend, in particular, on the data collected and processed about the Client.

§ 3 Store’s Business Activity

1. The Store’s activities involve the online sale of visual art works.
2. The Store displays digital photographs of the offered works, along with their description and price.

§ 4 Prices

1. All prices listed on the Store’s pages are stated in Polish zlotys (PLN) and are gross prices (i.e., the amount payable).
2. By default, the price indicated is the price of the artwork itself. If the client orders the artwork framed, the price will include the artwork along with the selected frame, mat (passe-partout), and protective plexiglass. The frame prices vary.
3. Every order with delivery within Poland is carried out at the buyer’s expense (a fee of PLN 20). International shipments are calculated according to the courier rates for each country — the price is shown in the cart before completing the order.

§ 5 Purchases

1. An order is placed using the form available on the Store’s website.
2. The sales agreement for the Work is considered concluded once payment for the item has been credited to the bank account of UniqArte Sp. z o.o. The entity providing online payment services for card payments is Blue Media S.A.
3. Available payment methods:
   • Online payment via PayPal
   • Google Pay
   • Payment cards:
     • Visa
     • Visa Electron
     • Mastercard
     • MasterCard Electronic
     • Maestro
4. The Store confirms receipt of the order by sending a message to the email address provided by the Client in the registration form.
5. A receipt or invoice is issued for each accepted order. These documents are issued immediately after receiving the full gross payment from the Client.
6. The Store keeps the Client informed about any changes to the order status by sending relevant information to the email address provided by the Client in the registration form.

§ 6 Delivery

1. The Client is responsible for covering the delivery costs, including packaging and shipment, for deliveries within Poland.
2. The Client is also responsible for covering the delivery costs, including packaging and shipment, for deliveries to other European Union countries.
3. The order processing time, meaning the time from placing the order and dispatching the ordered goods until they reach the Client (business days only), is between 2 and 7 business days for domestic shipments.

§ 7 Damaged Shipment During Transport

1. Claims for damage to a shipment during transport will only be considered if the damage is reported to the courier’s employee at the time of delivery.
2. If the Client receives a damaged shipment, they should immediately draw up a report describing the damage, signed by the courier’s employee who delivered the parcel.

§ 8 Right to Withdraw from the Agreement – Complaints and Returns by a Consumer

1. For the purposes of these Terms and Conditions, the term “Consumer” refers to a Client of the Store who is also a consumer within the meaning of Article 22(1) of the Polish Civil Code.
2. The provisions of this section apply exclusively to Consumers.
3. Pursuant to the Consumer Rights Act of May 30, 2014, a Client who is a Consumer may withdraw from the concluded purchase contract within 14 days from the date the Work is delivered to the Consumer, by returning the product in an undamaged condition. In this case, the Consumer bears the cost of return shipment, including the transport service provided by the carrier.
4. The purchased Work must be returned to the following address:
   UniqArte Sp. z o.o., ul. Noakowskiego 12/43, 00-666 Warsaw, Poland, phone +48 509 683 838.
5. A receipt or invoice for the returned Work should be enclosed with the return shipment, and the Consumer must provide the bank account number to which the refund for the purchase price of the Work should be transferred.
6. The Store does not accept shipments sent with “cash on delivery” terms for the refund of the purchase price.
7. If the Consumer returns the product in accordance with these Terms and Conditions, the Store will refund the paid purchase price within 14 days from the day the Work is returned by the Consumer, to the bank account provided by the Consumer. If there is a need to refund a payment made by the Client using a payment card, the Seller will refund it to the bank account associated with the Client’s payment card.
8. If, at the time of delivery, the purchased Work does not conform to the contract, the Consumer has the right to file a complaint regarding the purchased Work. This right applies only if the non-conformity is found within six months from the date of delivery of the Work. After this period, the right to file a complaint expires.
9. With respect to purchased goods, the Client is entitled to warranty rights under Articles 556–576 of the Polish Civil Code. The Seller is liable for physical defects of the goods if a physical defect is discovered before the expiry of two years from the date the goods were delivered to the Client.
10. Complaints can be submitted:
    • By email to: orders@fineartprints.pl
    • In writing to: UniqArte Sp. z o.o., ul. Noakowskiego 12/43, 00-666 Warsaw, Poland
11. The complaint referred to in the preceding section is not applicable if the Work matches the description provided on the Store’s website or if it has features visible in the photograph displayed on the Store’s website.
12. Slight color differences between the digital photograph of the Work published on the Store’s website and the original Work, which arise for technical reasons, are not considered non-conformities with the contract and thus cannot be grounds for a complaint. The Store will make every effort to ensure that the digital photographs of the Works offered are of the highest possible quality.
13. Any non-conformity of the Work with the contract must be reported to the Store in writing or by email (orders@fineartprints.pl).
14. Complaints submitted in the manner and within the time frame specified in these Terms and Conditions will be processed within 14 days from the date the complaint is received.

§ 9 Right to Withdraw from the Agreement – Complaints and Returns by a Non-Consumer Client

1. If the Client finds a defect (damage) in the Work, they must submit a notification in writing or by email no later than 7 days from the date the shipment was received by the Client.
2. Complaints submitted in the manner and within the timeframe specified in these Terms and Conditions will be processed within 14 days from the date the complaint is received.
3. Minor color differences between the digital photograph of the Work presented on the Store’s website and the original Work, which arise for technical reasons, cannot be the basis for a complaint. The Store will make every effort to ensure that the digital photographs of the Works offered are of the highest possible quality.

§ 10 Copyright

All the Works displayed on the Store’s website are placed there with the consent and knowledge of their copyright owners. Copying and distributing the materials on the Store’s webpages is prohibited without the consent and knowledge of the copyright owners.

§ 11 Final Provisions

1. All questions regarding making purchases through the Store should be directed to the following email address: studio@fineartprints.pl.
2. The Store reserves the right to make changes to these Terms and Conditions without prior notice to Clients. Any changes to the Terms and Conditions will be published on the Store’s website under the “Terms and Conditions” section each time.

GDPR Information Clause

1. The data controller is:

UniqArte Sp. z o.o.
Noakowskiego 12/43, 00-666 Warsaw, Poland
NIP: 7011110351
Contact: studio@fineartprints.pl

2. Purpose and Legal Basis for Processing Personal Data