TERMS AND CONDITIONS OF ONLINE SHOP FINEARTPRINTS.PL
§ 1 GENERAL INFORMATION
- These regulations set out the terms and conditions for the sale of fine arts works (hereinafter referred to as the Works) by the Fine Art Prints brand, registered as UniqArte sp. z o.o., with its registered office in Warsaw at ul. Noakowskiego 12/43, NIP: PL7011110351, via the website at www.fineartprints.pl.
- The sale takes place via the Internet in the form of a distance contract, between the person placing the order, hereinafter referred to as the Customer, and the seller, hereinafter referred to as the Store.
- The Customer of the Store may be a natural or legal person or an organizational unit without legal personality, which the law grants legal capacity, having full legal capacity and an active email account.
- Each customer placing an order is obliged to read these Regulations. Ignorance of the Regulations does not release from the application of the rules contained therein.
- Before making a purchase, the Customer confirms that he has read the Regulations and declares that he accepts it in its current form. In case of doubt, it is considered that the Customer’s first purchase operation means acceptance of these Regulations and consent to its use when concluding transactions.
§ 2 CUSTOMER REGISTRATION AND PRIVACY PROTECTION
- Customer registration is made after providing data in the registration form.
- Providing registration data by the Customer is necessary to carry out the purchase transaction. It is in the Customer’s interest to provide correct data enabling contact and delivery of the Work. The store is not responsible for the consequences of incorrect data provided by the customer.
- The customer undertakes to update the personal data provided in the registration form on an ongoing basis. In case of doubt, contact or delivery to the addresses provided on the registration form is considered effective.
- The store reserves the right to withdraw from the contract if the data provided by the customer in the registration form are incorrect or insufficient to complete the order (incomplete).
- By registering on the Store’s website, you agree to the Store’s processing of your personal data (if provided). The Customer may agree to receive via e-mail promotional and information materials related to the subject of the Store’s activity.
- The store processes the Customer’s personal data within the meaning of Regulation of the European Parliament and of the Council of the European Union 2016/679 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: “GDPR”).
- The administrator of personal data is UniqArte sp. z o.o., with its registered office in Warsaw at ul. Noakowskiego 12/43, NIP: PL7011110351.
- The Administrator can be contacted: via email, to the following address: studio@fineartprints.pl.
- The Customer’s personal data is processed in order to provide the service electronically, in particular to maintain the Customer’s account in the store, as well as conclude and perform sales contracts, including payment for purchased goods and granting discounts, delivery of goods, sending notifications of order processing, process implementation complaints and ensuring proper customer service, tailoring the advertising offer to customer needs, presenting ads and sending commercial information, handling notifications and complaints, expressing public opinion about purchased goods, enabling contact between buyers and sellers.
- The legal basis for the processing of personal data may be the consent expressed by the Customer (art.6 par.1 lit.a RODO), the need to take action at the request of the client (art.6 par.1 lit.b RODO) or the purposes of legitimate interests implemented by the Administrator or by a third party (art.6 par.1 lit.f RODO).
- The Administrator’s legitimate interest is the need to offer customers the best possible quality of service, matching the offer of goods to the needs and expectations of buyers, as well as conducting marketing, promotional and advertising activities, recipients of personal data may be entities cooperating with the Administrator in performing the tasks set out in point 9, in in particular, enterprises providing services in the field of delivery of goods (couriers), banks, supporting processes necessary to send notifications about the implementation of orders, service providers providing advertising and marketing services, as well as companies cooperating with the Store, providing services in the field of invoicing, accounts receivable and accounting.
- Customer’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 adequate safeguards and guarantee the rights of data subjects and effective legal protection measures. In particular, this includes the Administrator’s use of services provided by Google and Facebook, to the extent that it is necessary to achieve the objectives set out in point 9. The Customer’s personal data will be processed by the Administrator for the period necessary to provide services or for other purposes indicated in point 9 above.
- The customer has the right to:
- request from the Administrator access to your personal data,
- request from the Administrator to correct their personal data,
- request from the Administrator to delete or limit the processing of your personal data,
- lodging an objection to the Administrator against the processing of personal data for direct marketing purposes,
- filing an objection to the Administrator against profiling to the extent that processing is related to direct marketing,
- withdrawal of consent to the processing of your personal data,
- lodging a complaint to the supervisory authority.
- The customer has no statutory obligation to provide personal data, however this obligation may arise from specific provisions. The consequence of not providing personal data may be, in particular, the inability to provide services to the Customer, in particular the inability to conclude a contract for the sale of goods in the Online Store.
- Customer’s personal data may be subject to automatic profiling, to the extent it is necessary for the implementation of advertising and marketing services and making a decision to grant the customer a sales discount. As part of profiling, it is primarily possible to analyze the customer’s previous purchase decisions, based on which the Store will attempt to match the future offer. Profiling also allows for the possible granting of an appropriate discount, the granting and amount of which depend in particular on the collected and developed customer data.
§ 3 SUBJECT OF THE STORE ACTIVITY
- The subject of the Store’s activity is the sale of fine arts via the Internet.
- The store presents digital photographs of the offered works, along with their description and price.
§ 4 PRICES
- All prices listed on the Store’s website are expressed in Polish zlotys (PLN) and are gross prices (payable).
- The standard price is the price of a work bound in white passe-partout. In the event that the customer orders a work framed, the price will include the work including the selected frame. Frame prices vary.
- Each order carried out in Poland is delivered at the expense of UniqArte sp. z o.o. as a courier service.
§ 5 PURCHASES
- The order is placed using the form available on the Store’s website.
- The Contract for the sale of the Work is considered concluded after the payment for the subject of sale has been received on the UniqArte sp. z o.o. bank account, via Przelewy24.
- The store confirms receipt of the order by sending a message to the e-mail address provided by the customer in the registration form.
- A receipt or invoice is issued for each accepted order. These documents are issued immediately after receiving payment of the full gross price from the Customer.
- The Store keeps the Customer informed about changes in the status of the order by sending the above information to the e-mail address provided by the Customer in the registration form.
§ 6 DELIVERY
- Delivery costs covering the packaging and transport of the parcel in Poland are covered by the Store.
- The delivery costs including packaging and transport of the parcel to other EU countries are covered by the customer.
- The delivery time, i.e. the time that elapses between placing the order and sending the ordered goods, and delivery to the Customer (with only business days included), for domestic shipments from 3 to 7 business days.
§ 7 DAMAGE OF SHIPMENT DURING TRANSPORT
- The notification of damage to a shipment during transport will be accepted only on the basis of a report made by an employee of a courier company at the time of delivery.
- If a damaged shipment is received, the Customer should immediately draw up a report with a description of the damage and the signature of an employee of the courier company providing the shipment.
§ 8 COMPLAINTS AND RETURN OF GOODS BY A CUSTOMER.
- For the purposes of these Regulations, the term Consumer means a Store Customer who is also a consumer within the meaning of art. 22 1 of the Polish Civil Code.
- The provisions of this paragraph apply only to Consumers.
- Pursuant to the Act on Consumer Rights of May 30, 2014, a customer who is a Consumer may withdraw from a concluded purchase contract within 14 days from the date of issuing the Work to the Consumer, by returning the goods intact. The cost of return shipment, including the cost of the transport service provided by the carrier, is covered in this case by the Consumer.
- The purchased Work must be returned to the following address: UniqArte sp. z o.o., ul. Noakowskiego 12/43, 00-666 Warsaw, tel. +48 509687868.
- The returned Work must be accompanied by an invoice or receipt and the account number to which the sale price of the Work should be returned.
- The store does not accept parcels sent for a refund.
- If the Consumer returns the goods in accordance with the provisions of these Regulations, the Store returns the sale price paid within 14 days from the date of returning the Work by the Consumer to the bank account provided by him.
- In the event that the purchased Work at the time of its delivery is inconsistent with the contract, the Consumer is entitled to file a complaint regarding the purchased work. The above entitlement is granted to the Consumer only in the event of non-compliance within six months from the date of delivery of the Work. After this date, the right to lodge a complaint will expire.
- The complaint referred to in the previous paragraph is not entitled if the Work corresponds to the description provided on the Store’s website or has the features visible on the photograph presented on the Store’s website.
- Minor color differences between the presentation of a photograph of the Work posted on the Store’s website and the original of the Work, which are the result of technical reasons, are not considered non-compliance with the contract, and therefore they cannot be the subject of a complaint. The store will make every effort to ensure that the digital photographs of the presented Works are of the best quality.
- The Store should be notified in writing or by e-mail about the non-compliance of the Work with the contract.
- Complaints submitted in the manner and within the time limit set out in these Regulations will be considered within 14 days from the date of receipt of the complaint.
§ 9 COMPLAINTS AND RETURN OF GOODS BY A NON-CONSUMER CUSTOMER
- If the Customer finds a defect (damage) of the Work, it must be notified in writing or by e-mail, at the latest within 7 days from the date of receipt of the parcel by the Customer.
- Complaints submitted in the manner and within the time limit set out in these Regulations will be considered within 14 days from the date of receipt of the complaint.
- Slight color differences occurring between the presentation of a photograph of the Work posted on the Store’s website and the original of the Work, which result from technical reasons, cannot be the subject of a complaint. The store will make every effort to ensure that the digital photographs of the presented Works are of the best quality.
§ 10 COPYRIGHT
All the Works presented on the Store’s pages are on it with the consent and knowledge of the copyright owners of these Works. It is forbidden to copy and distribute materials located on the Store’s websites without the consent and knowledge of copyright owners.
§ 11 FINAL PROVISIONS
Any questions about making purchases through the Store should be directed to the email address: studio@fineartprints.pl.
The store reserves the right to make changes to the regulations without first informing customers. Changes to the regulations will be each time published on the Store’s website in the regulations tab.
GDPR INFORMATION CLAUSE
- THE ADMINISTRATOR OF PERSONAL DATA IS:
UniqArte Sp. z. o.o.
Noakowskiego 12/43, Warsaw
NIP: 7011110351
Contact: studio@fineartprints.pl
- PURPOSE AND LEGAL BASIS FOR PROCESSING PERSONAL DATA
- Personal data in our store is processed as part of:
- conclusion, performance and continuation of contracts for the purchase / sale of goods and services offered by the administrator
- performance of legal obligations imposed on the administrator (in particular: issuing and storing invoices / sales documents and other accounting documents, considering complaints and returns),
- arrangements, defense and redress,
- direct marketing,
- creating lists of analyzes and statistics (for internal administrator’s needs),
- verification of payment credibility,
- technical support and customer support,
- broadly understood commercial cooperation, pursuant to art. 6 clause 1 lit. a, b, c, d, e, f or art. 9 item 1 and item 2 lit. a, b, c, d, h, i, j – general regulation on the protection of personal data of April 27, 2016,
- The administrator processes personal data based on art. 6 clause 1 lit. f) – processing is necessary for purposes arising from legitimate interests pursued by the administrator or by a third party) – in the field of video monitoring at the administrator’s facilities.
- The recipients of your personal data may / will be: courier / transport companies, companies providing IT support for the administrator, administrator’s trading partners, payment processing companies.
- Your personal data will be stored for an adequate period and no longer than periods consistent with the applicable law in individual areas of personal data processing.
- You have the right to: request the administrator to access personal data; rectification, deletion or limitation of personal data processing; object to processing, data transfer or withdrawal of consent at any time,
- We guarantee compliance with all your rights under the General Data Protection Regulation. Your personal data is processed on the basis of your consent, and you have the right to withdraw it at any time. Withdrawal of consent does not affect the lawfulness of the processing carried out prior to withdrawal. At the same time, you have the option of accessing and updating the data provided. You have the right to request the deletion or limitation of processing and the right to object to the processing, as well as the right to transfer data. You can exercise your rights by contacting the administrator through the above contact details. You have the right to lodge a complaint with the Office for Personal Data Protection.
- Providing personal data is a statutory condition for concluding the contract and is voluntary, however, failure to provide data to the extent required by the administrator may result in non-performance of the contract. In other cases, it is based on the voluntary consent of the person providing their personal data or legal provisions (in particular the general regulation on the protection of personal data of 27 April 2016 – GDPR), however, failure to provide data to the extent required by the administrator may result in the inability to perform the contract.
- Your personal data will not be transferred outside the European Economic Area.