GALLERY TERMS AND CONDITIONS OF KOLOROBRAZ.PL ONLINE GALLERY
§ 1 General Provisions
The online gallery operating at kolorobraz.pl is run by the company Jakub Margasiński KolorProjekt, headquartered at 28 Zawilcowa Street, 42-209 Częstochowa, Poland, NIP: 573 270 76 06.
These Terms and Conditions define the rules for using the online gallery, in particular the rules for obtaining information about the availability and prices of the presented works, the rules for concluding sales agreements, and the procedure for withdrawal from the contract and submitting complaints.
Contact with the Gallery is possible through:
– e-mail: kolorobraz@gmail.com
– phone: +48 792 927 850
– contact form available on the website
Seller’s bank account number:
PL 22 1050 1445 1000 0090 7768 4315
§ 2 Definitions
Client – a natural person, legal person, or organizational unit without legal personality to which the law grants legal capacity, interested in purchasing a Product presented in the Gallery.
Consumer – a Client who is a natural person making a purchase for purposes not directly related to their business or professional activity.
Seller – the company Jakub Margasiński KolorProjekt.
Product – original paintings created by Jakub Margasiński and presented in the online Gallery.
Sales Agreement – an agreement for the sale of a Product concluded between the Seller and the Client through individual arrangements made via email or another form of communication.
Terms and Conditions – these terms and conditions of the online gallery.
§ 3 Rules for Using the Gallery
The Client is obliged to use the Gallery in accordance with the law, principles of social conduct, and the provisions of these Terms and Conditions.
The Gallery presents original works of the Seller and enables Clients to obtain information about their availability and price.
Information published on the website is for informational purposes only and does not constitute an offer within the meaning of the Civil Code.
The Gallery conducts sales within the territory of the Republic of Poland and – after individual arrangements – also outside its borders.
§ 4 Purchase Procedure
Products presented on the website are not sold through a shopping cart system.
In order to obtain information about the price and the possibility of purchasing a Product, the Client contacts the Seller by email or through the contact form.
The Seller provides the Client with information regarding the price, availability of the Product, and the conditions of the transaction.
The Sales Agreement is concluded when the Client confirms the intention to purchase the Product and accepts the sales conditions presented by the Seller in electronic correspondence.
After concluding the agreement, the Seller may mark the Product on the website as sold or reserved.
§ 5 Product Reservation
After receiving an inquiry regarding the purchase of a specific Product, the Seller may temporarily reserve it.
The standard reservation period is 48 hours from the moment the Client receives information about the price and purchase conditions, unless the parties agree otherwise.
During the reservation period the Product is not offered to other Clients.
If the purchase is not confirmed or payment is not made within the agreed time, the reservation may be cancelled and the Product may be offered for sale again.
§ 6 Prices and Payments
The price of a Product is provided individually to the Client in response to an inquiry regarding a specific painting.
All prices are gross prices (including 8% VAT), unless the law provides otherwise.
Payment for the Product is made by bank transfer to the Seller’s account, based on arrangements made in correspondence with the Client.
Details regarding the payment deadline are provided to the Client during the transaction arrangements.
§ 7 Delivery of Products
Delivery of Products is made to the address provided by the Client during the purchase arrangements.
The shipping time is agreed individually with the Client, but usually ranges from 2 to 5 business days from the moment the payment is credited to the Seller’s account.
Delivery costs within Poland are covered by the Seller, unless otherwise agreed individually.
The Seller is not responsible for delays resulting from the actions of the courier company.
At the Client’s request, the Product may be collected personally at the company’s headquarters.
§ 8 Certificate of Authenticity
Each painting sold is an original artwork created by Jakub Margasiński.
A certificate of authenticity confirming the authorship of the artwork is attached to the purchased painting.
The certificate includes basic information about the work, in particular its title, technique, and the author’s signature.
§ 9 Right of Withdrawal
A Client who is a Consumer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of receiving the Product.
To exercise the right of withdrawal, the Client should inform the Seller of their decision through a clear statement sent electronically or by traditional mail.
The Client bears the direct cost of returning the Product to the Seller.
The returned Product should be in an undamaged condition.
The Seller will refund payments received from the Client immediately, no later than within 14 days from the date of receiving the returned Product.
§ 10 Complaints
The Seller is liable to the Client for physical and legal defects of the Product according to the rules specified in the Civil Code.
Complaints may be submitted electronically to the email address: kolorobraz@gmail.com or in writing to the Seller’s registered address.
The complaint should include a description of the defect of the Product and the Client’s expectations regarding its resolution.
The Seller will consider the complaint within 14 days from its receipt and inform the Client about further proceedings.
§ 11 Differences in Product Presentation
Photos presented on the website are illustrative and aim to represent the sold works as accurately as possible.
Due to differences in monitor settings and lighting conditions, the actual colors of the painting may slightly differ from those visible on the screen.
§ 12 Copyright
All Products presented in the Gallery constitute works within the meaning of copyright law and related rights and are protected by copyright.
The author of the presented works is Jakub Margasiński.
Purchasing a Product means acquiring a physical copy of the artwork but does not mean transferring the economic copyright to the work.
Reproduction, copying, publishing, or using the image of the work for commercial purposes without the author’s consent is prohibited.
All copyrights to the works remain the property of the author unless the parties agree otherwise in a separate agreement.
§ 13 Personal Data Protection
The administrator of Clients’ personal data is the Seller.
Clients’ personal data are processed for the purpose of conducting correspondence regarding inquiries about Products, concluding and performing sales agreements, and for other purposes related to the operation of the Gallery in accordance with applicable law.
The Client has the right to access their personal data, correct them, and request their deletion.
§ 14 Final Provisions
In matters not regulated by these Terms and Conditions, the provisions of Polish law apply, in particular the Civil Code and the Consumer Rights Act.
The Seller reserves the right to make changes to the Terms and Conditions. Changes take effect upon publication on the Gallery’s website, with the reservation that agreements concluded before the change remain governed by the version of the Terms and Conditions in force at the time the agreement was concluded.
These Terms and Conditions enter into force on 21.08.2024.
