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Terms and Conditions

Before using an online shop kwiatecka.com you are obliged to read the Terms and Conditions.

TERMS AND CONDITIONS OF ONLINE SHOP

KWIATECKA.COM

 

 

  • GENERAL TERMS AND CONDITIONS

 

 

 

  • Online store operating under domain kwiatecka.com, using the brand „Internetowa Galeria Malarstwa Iwony Ochnio-Kwiateckiej” (Online Gallery of Painting of Iwona Ochnio-Kwiatecka) is owned and operated by Iwona Ochnio-Kwiatecką under the business name Art Kwiatecka.com Iwona Ochnio-Kwiatecka.
  • business  registered office and delivery address: ul. Francis Maria Lanci 10D / 11, 02-792 Warsaw, Poland.
  • NIP (Tax Identification Number): 5391192347

 

  • REGON (National Business Registry Number): 365561106
  • E-mail: iwona@kwiatecka.com
  • Telephone. +48 509 647 633 
  • Bank account: 76 1240 6276 1111 0010 7024 4291
  • The company is registered VAT payer – issuing VAT invoices

 

    1. Company Art Kwiatecka.com Iwona Ochnio-Kwiatecka operating online store kwiatecka.com is hereinafter referred to as  ‘the Gallery’  in General Terms and Condition.
    2. The Gallery is operating  under the terms defined in these Terms and Conditions.
    3. These Terms and Conditions specify the terms and conditions of sale  of fine arts (hereinafter referred to as the artworks) by the Gallery  over the Internet – via website with internet domain kwiatecka.com . Placing an order is tantamount to agreement with all the provisions and information included in the Terms and Conditions
    4. All the artworks presented and offered in the Gallery are artworks made personally by the artist – Iwona Ochnio-Kwiatecka. Each artwork is signed. Each artwork is made in one copy. Each artwork is new.

 

  • To each artwork is enclosed a unique Certificate of Authenticity, confirming  own making  and originality of artwork.  
  • Each parcel with artwork is professionally packed and insured.

 

  1. All photos of artworks presented in the gallery show original artworks.
  2. Due to the technological issues of preparing digital images (eg. The differences in lighting, color intensity, ISO sensitivity, camera etc.), and the properties of the screen, on which is presented the artwork, there may be some slight differences between the presented photographs and original works.
  3. The Gallery reserves the right to change prices, introduction of new products, introduction and cancellation of promotions.
  4. The language of correspondence with the Buyer is Polish and English.
  5. The Gallery user is obliged to use the Gallery in compliance with all applicable laws and good customs having regard to the respect for personal rights and intellectual property rights.

 

 

  • SATISFACTION GUARANTEE
  • Gallery guarantees a 100% satisfaction with the purchased artworks – Buyer – both customer and business customer – has the opportunity to view for free – test of the painting.

 

  1. Return option is available only in the territory of Poland and the European Union.
  2. The buyer has the option of returning the artwork to the Gallery within 14 calendar days of receipt, without giving a reason.
  3. The buyer is obliged to inform the Gallery about returning artwork by sending e-mail to: iwona@kwiatecka.com .
  4. The consignment with artwork must be insured.
  5. Costs of return are covered by the Gallery – they are returned to the Buyer upon receipt of the artwork.
  6. The buyer returns the received goods immediately to address of the Gallery, but not later than within 14 days from email notification the  Gallery about the cancellation.
  7. In case of return, all the items received by the Buyer  – artwork, the certificate must be packed professionally and safely – in the same way as the gallery provided the parcel to the Buyer, preferably using the original packaging.
  8. The original Invoice and  Certificate of Authenticity must be included with return consignment.
  9. The returned artwork must be complete, cannot bear traces of any use,  damage or defect caused by the Buyer  and cannot be misused.
  10. In case of damage, destruction or other defects in the artwork caused by the Buyer – the Gallery has the right to refuse to refund the money.
  11. The Gallery will check the product within 3 working days from the receipt of the return If the product meets the above requirements, the Gallery will refund your payment  within 7 working days
  12. The right of withdrawal does not apply in the case of special-order artworks.
  13. Gallery does not accept Cash on Delivery for returns.

 

 

  • RESERVATION OF ARTWORK

 

 

  1. The artwork can be reserved in the Gallery for a period of 7 days.
  2. During this time  the Gallery commits to suspend its sale to another buyer. However, at that time the artwork is offered (eg. online auction) due to their inability to cancel.
  3. Reservation is made via website of the Gallery and  reservation form. The functionality is available on the card of painting.
  4. Confirmation of reservation will be sent by e-mail.
  5. The reservation is canceled automatically after 7 days – in case of lack of order.

 

 

  • PURCHASE OF ARTWORK

 

 

    1. Prices of artworks presented in the gallery are gross prices ( including  VAT) and are expressed in Polish zloty (PLN). The prices expressed in PLN may also be presented in other currencies – Buyer can choose the currency in which wants to make a purchase. In this case, the price in PLN will be converted at the relevant exchange rate indicated in the Gallery. The used exchange rate is fixed on the basis of exchange rate on the international currency market. Due to exchange rate fluctuations – prices  in the Gallery may be different  from the actual market prices.
    2. Price specified at each artwork is binding at the moment of order by the Customer.

 

  • VAT invoice is attached to each consignment.  

 

  1. Orders can be placed 24 hours a day in the Gallery.
  2. Order in the Gallery shall be submitted using the order form available on the website of the Gallery. At the moment of approval by the Gallery the order placed by the Buyer, it comes to the conclusion of the agreement. Subject of the contract is the artwork specified in the order. The condition of the transaction is the correct fill in the form by the Buyer, containing all the necessary data.
  3. The  e-mail with order confirmation is sent by The Gallery after placing order. The sale agreement is concluded after confirmation by the Gallery.
  4. The Buyer is obliged to enter the data which comply with the facts.
  5. The Gallery has the option to suspend / cancel order if the artwork has already been reserved by another buyer. The Buyer will be informed by e-mail and telephone about such situation.
  6. If the shipment is outside the European Union, additional local taxes or duties may be incurred . Their cost will be covered by the Buyer.

 

 

  • DISPATCH & DELIVERY

 

 

    1. Each consignment is insured. Insurance costs are covered by the Gallery.

 

  • Artworks for shipping are packed by the Gallery in a professional way, to minimize the risk of damage during transit.

 

    1. A secure method of packaging causes, among others, increasing the dimensions of the consignment, what can prevent the distribution of large images, especially outside the European Union.

 

  • As a rule, the purchased artworks are sent within 5 working days since the moment of order.

 

    1. However, the dispatch time may be changed – because of the need for appropriate packing – securing  of artwork.

 

  • In case of inability of shipment within 5 working days – the buyer will be informed by e-mail and telephone.

 

  1. The Buyer  will be notified by e-mail about dispatch of goods.
  2. On the territory of the Poland ordered artworks are delivered by courier (including courier services of Polish Post).
  3. The costs of delivery are covered by the buyer, at the rates indicated in the order form.
    • Shipping costs within Poland are 0 (zero) PLN.  

 

  • Shipping costs outside the territory of Poland presented on the form are approximate and vary depending on the final size of the safely packed artwork and from final destination – the European Union, Europe, Worldwide.
  • The possibility of delivery and delivery costs outside the  territory of Poland should always be confirmed with the Gallery by e-mail before buying.

 

 

    1. The Gallery reserves the right to cancel the order for reasons beyond its control – eg. if the courier will not be able to deliver the purchased artworks. In case of occurring such situation, the buyer will be notified by email immediately.
    2. Parcel  is sent to the address indicated on the order form. In terms of completing order,  it  should be taken into account that the date of receipt of the shipment consists of:  order processing time + delivery time. In case of the payment by bank transfer, this deadline is extended further by the time of execution of such transfers. Shipments are usually delivered within 1-2 working days.

 

  • When  receiving the consignment with the order, the buyer  should check its condition.  In the case of damage or  tampering with package, the damage protocol should be prepared in presence of courier. The Gallery should be notified about such situation.  Lack of irregularities with regard to the consignment upon receipt may have a negative impact on the outcome of the investigation of Buyer’s claims resulting from the recognition the parcel as incomplete or damaged in transit.

 

 

 

  • PAYMENT METHODS

 

 

  1. The following payment methods are provided by the Gallery:

 

  • PayPal – payment from your PayPal account and by credit card (website of operator: www.paypal.com)
  • Przelewy24 – fast payments from bank accounts and by credit cards, (website  of the payment operator: https://www.przelewy24.pl/)
  • Cash on Delivery – payment by cash on delivery. The Gallery reserves the right to additional phone verification of these orders and to cancel the order if the courier company does not accept processing Cash on Delivery (eg. because of large size, the value of shipments).  The Buyer will be notified by email / phone about this fact.

 

 

 

  • RETURNS AND COMPLAINTS

 

 

  1. All artworks are copyright artworks of Iwona Ochnio-Kwiatecka, and  each of them is a single copy made according to the creator’s vision. The buyer can complaint only the artworks that is damaged or destroyed or inconsistent with the order.
  2. The Gallery must be notified about the complaint by sending email to: iwona@kwiatecka.com. Enter the order number, the reason of the complaint, and personal data.
  3. The Gallery does not accept any consignments  returned by COD (Cash on Delivery).
  4. After receiving  the complaint the Gallery  shall refer to the complaint by electronic means and inform the Buyer about further proceedings within 14 calendar days from the date of delivery. In case of positive consideration of the complaint Gallery will return the buyer  the equivalent of ordered artworks. The amount due will be returned within 7 days from the date of considering of complaint, directly to the account from which the payment was made, or other account indicated by the Buyer.
  5. The buyer can change artwork for another, and the price difference will be settled between the parties.

 

 

  • COPYRIGHTS

 

 

 

  • All text information and pictures of the artworks included in the Gallery are protected by copyrights. It is forbidden to copy them and distribute, use for commercial purposes and for presentations on other websites without the permission of the author.  

 

  1. Use of whole or in part pictures and descriptions included in the Gallery without permission is always a violation of copyright law.
  2. The Gallery allows for the possibility of  the sale of artworks photos and granting of licenses of the publication of photos or use them for commercial purposes. Terms and conditions for the use of photos of artworks must be subject to separate findings.
  3. It is forbidden to use photos, reproductions and other forms of depicting the image of purchased artworks for commercial purposes – copyrights are the property of the Gallery. Such use requires a separate, written consent of the author.
  4. The Gallery reserves the right to use the digitally captured images of sold  artworks for  the commercial, marketing  and other purposes.

 

 

  • FINAL PROVISIONS

 

 

  1. Providing by the Buyer personal data is voluntary, but lack of them makes it impossible to make purchases. With the acceptance of the Terms and Conditions the Customer agrees to the processing of personal data in accordance with the Personal Data Protection Act from August 1997, (Journal of Laws 2002, No. 101, item. 926 with further amendments)  for the purposes of order processing and within a separate consent for the purposes of promotion and marketing.
  2. The Gallery user has the possibility of refusing marketing acceptance by sending an email to:  iwona@kwiatecka.com.
  3. Sales agreements concluded by the Gallery are concluded in accordance with Polish law.
  4. In matters not covered by these regulations are applied:

 

    • Act on electronic services of 18 July 2002. (Dz. U. No. 144, item. 1204, as amended.)
    • Act on consumer rights of 30 May 2014. (Dz. U. 2014 pos. 827)

 

  • Civil Code Act of 23 April 1964. (Dz. U. No. 16, pos. 93, as amended.) and other relevant provisions of Polish law.

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