Terms and Conditions

Art. 1. General provisions
Art. 2. Subject Matter of the Contract of Sale
Art. 3. Seller's role, rights and obligations
Art. 4. Customer's rights and obligations
Art. 5. Rules for concluding the Contract of Sale with the use of the Order Form
Art. 6. Rules for concluding the Contract of Sale via e-mail
Art. 7. Payment methods and date
Art. 8. Cost, methods and Time of Work Delivery, and Completion Time
Art. 9. Lack of right of withdrawal
Art. 10. Complaints
Art. 11. Out-of-court methods for processing complaints and redress procedures, and rules of access to these procedures
Art. 12. Provisions concerning Entrepreneurs
Art. 13. Final provisions

Art. 1. General provisions

1. These Terms and Conditions have been drawn up on the basis of legal provisions in force on the territory of the Republic of Poland. The Terms and Conditions, together with the provisions of Polish law, regulate the issues related to the conclusion of a distance contract of sale through the Online Store www.agnieszkagotowala.com/Shop and the Seller's e-mail.
2. The Online Store at the address www.agnieszkagotowala.com/Shop is run by Agnieszka Gotowała, running the business activity under the name: AGNIESZKA GOTOWAŁA ATELIER at Joachima Lelewela Street 4/310 53-505 Wrocław in Poland, Tax ID / EU VAT: PL 8942875926.
3. Contact with the Seller is possible via e-mail address agnieszka.gotowala@gmail.com.
4. The provisions of the Regulations apply to Customers who are both Consumers and Entrepreneurs, unless the given provisions of the Terms and Conditions provide otherwise and are addressed exclusively to Consumers or Entrepreneurs.
5. The provisions of these Terms and Conditions concerning Consumers shall apply to natural persons running sole proprietorships, if the Contract of Sale is directly related to their business activity, and the content of the Contract of Sale indicates that it is not of a professional nature for them, arising in particular from the subject of their business activity made available on the basis of the provisions of the Central Registration and Information on Business.
6. The Seller undertakes to process the personal data in accordance with the principles indicated in the ︎︎︎ Privacy Policy.
7. Definitions of important notions used in the Terms and Conditions:

1. Terms and Conditions – the provisions of these Terms and Conditions, as amended.
2. Online Store – store at the following address www.agnieszkagotowala.com/Shop.
3. Seller – Agnieszka Gotowała, conducting business activity under the business name: AGNIESZKA GOTOWAŁA ATELIER at Joachima Lelewela Street 4/310 53-505 Wrocław in Poland, Tax ID / EU VAT: PL 8942875926; interchangeably referred to as "the Author".
4. Work – artistic work by Agnieszka Gotowała, being the subject of the Contract of Sale between the Customer and the Seller, interchangeably referred to as "the Work of Art". Including, but not limited to, the author's Photograph which is a collector’s photography print on archival paper being a part of a limited edition, numbered and signed on the reverse, accompanied by a certificate of authenticity.
5. Customer – a natural person, legal person or an organisational unit without legal personality but with capacity to perform acts in law, that, under the terms defined in the Terms and Conditions, places a Purchase Order in the Online Store or via e-mail. Customers are divided into Consumers and Entrepreneurs.
6. Consumer – any natural person concluding a Contract of Sale for the purpose not directly related to their economic or professional activity.
7. Entrepreneur – a natural person conducting a sole proprietorship, a legal person or an organisational unit without legal personality, but with capacity to perform acts in law.
8. Contract of Sale – contract of sale within the meaning of the Act of 23 April 1964 – Civil Code (Dz.U. /Journal of Laws/ 1964, no. 16, item 93, as amended), the subject of which is the Work, concluded between the Seller and the Customer via the Seller's Online Store or e-mail. The Contract is deemed to be concluded upon receiving the Purchase Order Confirmation by the Customer. Conclusion of the Contract via e-mail is only possible if you wish to pay for the Work directly in Polish zloty.
9. Working day – one calendar day from Monday to Friday excluding public holidays as defined in the Act of 18 January 1951 on non-working days (Dz.U. /Journal of Laws/ No. 4, item 28 as amended).
10. Purchase Order – Customer's declaration of will made by means of an Order Form or in an e-mail message to the Seller, aiming directly at concluding the Contract of Sale of Work.
11. Purchase Order Form – an electronic form available in the Online Store, enabling the placing of a Purchase Order, by adding Works to an electronic cart and determining the method of delivery and payment.
12. Purchase Order Confirmation – information sent by the Seller to the Customer's e-mail address provided by the Customer while placing the Purchase Order, confirming the placement of the Purchase Order along with the Purchase Order number, the Price of the Work, and delivery costs. Purchase Order Confirmation sent as a result of sending a message declaring willingness to conclude the Contract of Sale via e-mail, shall also contain data necessary to make payment for the Purchase Order, as well as the payment deadline. The receipt of the Purchase Order Confirmation is equivalent to the conclusion of the Contract of Sale.
13. Price of the Work – the price of the Work including taxes (i.e. gross amount) given in Euro; in case of foreign shipment it does not include possible customs duties. When the Contract of Sale is concluded via e-mail, the price of the Work together with taxes (i.e. gross amount) will be given in Polish zloty.
14. Completion Time – time of performance of the Contract of Sale by the Seller, i.e. calculated from the moment of conclusion of the Contract of Sale to the date of delivery of the Work to an external courier company. In the case of the Contract of Sale concluded via e-mail, the date of performance of the contract by the Seller is counted from the moment of crediting the total price of the Work to the Seller's bank account.
15. Delivery time – the time counted from the moment of dispatch of the package with the Work by the Seller to the moment of its delivery to the Customer. The estimated delivery time and delivery costs are provided at the link ︎︎︎ Shipping.

Art. 2. Subject Matter of the Contract of Sale

1. The Subject Matter of the Contract of Sale includes Works which constitute a work within the meaning of Art. 1 sec. 1 of the Act of 4 February 1994 – Copyright and related rights (Dz.U. /Journal of Laws/ No. 24, item 83, as amended). The author of the Works of Art is Agnieszka Gotowała who holds the author’s moral and economic rights.
2. It is forbidden to copy and distribute the content and images of the Works of Art available on the website www.agnieszkagotowala.com and in the Online Store without the Author's consent. Copying and distribution without the Author's consent will result in civil and criminal liability.
3. The purchase of Works of Art does not imply any transfer of the author’s economic rights to the Customer or any authorisation to exercise moral rights. If you are interested in acquiring the author's economic rights or licenses, please contact the Author directly via e-mail: agnieszka.gotowala@gmail.com.
4. Information about the Customer's rights relating to ownership and rights under the Act of 4 February 1994 on Copyright and Related Rights (Dz.U. /Journal of Laws/ No. 24, item 83, as amended) can be found at the link ︎︎︎ Author's Copyright.

Art. 3. Seller's role, rights and obligations

1. The Seller reserves the right to change the Price of the Work and to withdraw individual Works presented in the Online Store. Change of the Price of the Work or withdrawal of Works does not apply to the Purchase Orders accepted for implementation.
2. The Seller undertakes to ensure that the offer in the Online Store is reliable and up-to-date.
3. The Seller undertakes to deliver the Work free from any physical and legal defects.
4. The Seller is not responsible for any mistakes made by the Customer when filling out the Order Form.
5. The Seller shall not be liable for slight differences between the online presentation of the Work and its actual appearance which may result from individual preferences in colour settings of the Customer's computer screen.
6. Seller is not responsible for any interruptions in access to the Online Store caused by force majeure, obstacles on the part of the hosting provider and electronic payment services or lack of Internet access by the Customer.
7. Information about any breaks related to the execution of the Contracts of Sale by the Seller will be posted on the homepage of the Online Store. Contracts of sale concluded prior to the posting of the break notice will be executed in accordance with the Completion Time indicated in Art. 8 sec. 7 of the Terms and Conditions, while those that are concluded after the posting will be completed by the Completion Time, however, the Completion Time will be calculated from the day after the last day of the break.

Art. 4. Customer's rights and obligations

1. Before placing the Purchase Order, the Customer shall read the Terms and Conditions. Placing the Purchase Order by the Customer means the Customer's acceptance of the Terms and Conditions without reservation.
2. Before the conclusion of the Contract of Sale, the Customer has full access to information about the Work offered, including information about the Price of the Work, possible methods of payment, costs and form of delivery.
3. When placing the Purchase Order via the Order Form, the Customer should fill in all its fields correctly and in accordance with the facts. Failure to fill in the Order Form or failure to pay the price of the Work together with the cost of delivery will be tantamount to withdrawal from the Contract of Sale.
4. The Customer undertakes to open the package with the Work in the courier's presence. In case of damage to the Work, the Customer shall draw up a damage protocol in the courier's presence.

Art. 5. Rules for concluding the Contract of Sale with the use of the Order Form

1. The conclusion of the Contract of Sale between the Seller and the Customer takes place after placing the Purchase Order by the Customer by means of the Order Form.
2. Purchase transactions made outside Business Days will be executed in the order in which they are placed on the first Business Day following the day on which the transaction was entered into.
3. The Price of the Work is provided on the Online Store website next to the given Work and during the process of placing the Purchase Order in the Order Form. The Customer can find the information about the delivery costs in the Order Form when placing the Purchase Order or at the link ︎︎︎ Shipping.
4. The procedure for concluding the Contract of Sale in the Online Store using the Order Form:

1. After selecting a Work and its format, click the "Add to Cart" button to add the Work to the electronic cart, which at the same time shall cause the opening of the Order Form. To open the Order Form from the Online Store website, please click the "Your Cart" button or ︎.
2. Then, in order to place the Purchase Order in the Order Form, you need to fill in the fields with appropriate information, select the form of delivery, and then make the payment.
3. When the Purchase Order is placed, the Seller shall immediately send the Order Confirmation to the Customer and thus accept the Purchase Order for implementation.
4. If, after placing the Purchase Order, it turns out that a given Work is unavailable, the Seller shall immediately, and not later than within 14 calendar days from the date of placing the Purchase Order by the Customer, inform the Customer of this fact and return the amount paid by the Customer. Reimbursement of the Price of the Work together with the costs of delivery shall be paid within 7 calendar days from the date of informing the Customer of the impossibility of completing the Purchase Order, to the Customer's bank account. For this purpose, the Customer will be asked to provide the bank account number.

5. If the Customer wishes to receive an invoice, it should leave such information, together with all data necessary to issue an invoice, in the Order Form in the field intended for notes.
6. It is possible to pay in Polish zloty, in which case the provisions of Art. 6 of the Terms and Conditions shall apply.
7. Recording, securing and making available the content of the Contract of Sale to the Customer shall be effected by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Order Confirmation to the Customer.

Art. 6. Rules for concluding the Contract of Sale via e-mail

1. For Customers that wish to pay in Polish zloty, it is possible to conclude the Contract of Sale outside the Order Form. In such a situation it is necessary to send a declaration of will expressing desire to conclude the Contract of Sale for the Work included in the offer of the Online Store, to the Seller electronically to the address: agnieszka.gotowala@gmail.com. Such a declaration should include an exact description of the Work from the Online Store (provide title, format, price).
2. The Order Confirmation with payment details will be sent within 5 Business Days.
3. Failure to pay the Price of the Work together with delivery costs within 7 calendar days from the date of receiving the Order Confirmation by the Customer shall be equivalent to withdrawal from the Contract of Sale.
4. The provisions of these Terms and Conditions that do not expressly refer to the conclusion of the Contract of Sale via the Order Form exclusively, shall apply to the Contracts of Sale concluded via e-mail accordingly.

Art. 7. Payment methods and date

1. The Seller provides the Customer with the following payment methods under the Contract of Sale:

1. Concluded by filling in the Order Form – payment by means of electronic payment services: PayPal and Stripe.
2. Concluded by sending an e-mail – payment by bank transfer in Polish zloty to the bank account of the Seller provided in the e-mail message with Purchase Order Confirmation.

2. In case of payment by bank transfer in Polish zloty, the Customer shall make the payment within 7 calendar days form the conclusion of the Contract of Sale.
3. In case of concluding the contract by e-mail, the moment of payment shall be the moment of crediting the Customer's payment to the Seller's bank account. Making payment for the Purchase Order is necessary to start its implementation.

Art. 8. Cost, methods and Time of Work Delivery, and Completion Time

1. Delivery of the Work to the Customer is payable. Work delivery costs can be found at the link ︎︎︎ Shipping and are indicated when placing the Order.
2. Work Delivery is available both within Poland and abroad.
3. Delivery of the Work to an address located outside Poland may be associated with customs fees in force in the particular country.
4. If the delivery to the given country is not included in the Order Form, the Customer should contact the Seller in this respect. In such a situation, the Contract of Sale may be concluded by e-mail. The provisions of Art. 6 of these Terms and Conditions shall apply to such Contract of Sale accordingly.
5. Work delivery shall be made by means of insured courier services.
6. Estimated delivery time is provided at the link ︎︎︎ Shipping.
7. The Seller shall make every effort to ensure that the Completion Time is as short as possible, but no longer than 30 calendar days. The Seller reserves the right to change the Order Completion Time for reasons beyond its control (e.g. printer's delay in processing the order).
8. Personal collection is possible upon prior arrangement with the Seller.

Art. 9. Lack of right of withdrawal

1. The Consumer is not entitled to withdraw from the contract due to the fact that the subject being supplied is a Work which is a unique item, not subject to mass production and aimed at satisfying the aesthetic and intellectual needs of customers.

Art. 10. Complaints

1. The Customer has the right to file a complaint. The Seller has 14 days to consider the complaint.
2. The complaint should be lodged as a clear form containing:

1. Name and surname, address, e-mail address
2. Purchase Order number
3. Description of non-compliance of the Work with the Contract of Sale
4. The date of concluding the Contract of Sale being the basis for the complaint
5. Justification including the reasons for filing the complaint
6. Photo documentation of the Work defect
7. Bank account number
8. Declaration of willingness to accept the reduction in price or declaration of withdrawal from the Contract of Sale.

3. If the data indicated in the section above are missing, the Seller shall request the Customer to complete them within a specified time.
4. In the context of a complaint, a reduction in price or withdrawal from the contract is possible if the defect is discovered within 2 years of the delivery of the Work to the Purchaser.
5. Complaints can be filed via email to the following address: agnieszka.gotowala@gmail.com.
6. Complaints do not apply to Works which have been knowingly or unknowingly exposed by the Customer to the effects of inappropriate external factors, including those connected with temperature, lighting, humidity, or damaged in a mechanical manner or stored improperly.
7. The Customer, that has not fulfilled the obligations imposed by Art. 4 sec. 4 of these Terms and Conditions, shall not be entitled to the complaints concerning damage to the Work during shipment.
8. If the Seller accepts the Customer's complaint with a declaration of price reduction, the Seller shall return the amount by which the Price of the Work has been reduced to the Customer, within 7 calendar days from the date of acceptance of the complaint to the bank account number specified by the Customer.
9. If the Seller admits the Customer's complaint with a declaration of withdrawal from the Contract of Sale, the Customer shall send the Work back to the Seller by means of insured courier service provided by a company indicated by the Seller. The costs of returning the Work shall be borne by the Seller. The Price of the Work together with the costs of returning the Work shall be reimbursed to the Customer within 7 calendar days of delivery of the Work to the Seller to the bank account number provided by the Customer.

Art. 11. Out-of-court methods for processing complaints and redress procedures, and rules of access to these procedures

1. The Consumer is entitled to out-of-court methods for handling complaints and bringing claims.
2. Detailed information on the Consumer's right to seek out-of-court complaint and redress procedures and the rules of access to those procedures are available at the offices and on the websites of district (municipal) consumer advocates, social organisations, the statutory responsibilities of which include consumer protection, Voivodeship Inspectorates of Trade Inspection, and at the following website addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php, www.uokik.gov.pl/sprawy_indywidualne.php and www.uokik.gov.pl/wazne_adresy.php.

Art. 12. Provisions concerning Entrepreneurs

1. The provisions included in this section apply only to the Customers that are neither Consumers nor entrepreneurs referred to in Art. 1 sec. 5 of these Terms and Conditions.
2. The Seller shall be entitled to withdraw from the Contract of Sale within 14 calendar days from the date of conclusion thereof. In this case, the withdrawal from the Contract of Sale may be without cause and does not give rise to any claims that the Entrepreneur may have against the Seller.
3. In case the Order is fulfilled, the Entrepreneur shall be obliged to return the Work within 7 calendar days from the date of submission of the withdrawal declaration by the Seller.
4. The Seller shall return the Price of the Work together with the costs of delivery to the Entrepreneur within 14 calendar days from the date of submission of a withdrawal declaration; in case the Order has been fulfilled, the reimbursement shall be made not earlier than after the Entrepreneur returns the Work to the Seller. The Price of the Work together with delivery costs will be reimbursed to the bank account number provided by the Entrepreneur.
5. At the moment of handing the Work over to the carrier by the Seller, the benefits and burdens associated with the Work and the danger of accidental loss or damage to the Work shall pass to the Entrepreneur. In this case, the Seller shall not be liable for the loss of or damage to the Work that occurs from the moment of accepting it for transport to the moment of handing it over to the Entrepreneur and for the delay in delivery.
6. Any disputes arising between the Seller and the Entrepreneur shall be submitted to the court having jurisdiction over the registered office of the Seller.

Art. 13. Final provisions

1. Conclusion of the Contract of Sale is possible after accepting all provisions of the Terms and Conditions.
2. The provisions of the Terms and Conditions may be amended, however, the Terms and Conditions in force during the conclusion of the Contract of Sale shall apply to the Contract of Sale concluded before the amendment to the Terms and Conditions.
3. In case of a dispute concerning the Contract of Sale concluded, the parties undertake to find an amicable solution to the dispute, taking into account acting in good faith.
4. The relevant provisions of the Polish law shall apply to matters not regulated herein.
5. The Terms and Conditions are effective as of 4.4.2023.