Terms & Conditions of the “Galeria M Online” online shop
These Terms & Conditions constitute the legal basis specifying the principles of use of Galeria M Online.
The User, starting using Galeria M accepts the provisions of these Terms & Conditions and undertakes to comply with all of the provisions contained therein.
The Internet shop “Galeria M”, available at the Internet address www.galeriam.com is run by Maria Dziedziniewicz conducting business activity under the name Maria Dziedziniewicz, address: Hallera 174/2, 53-203 Wrocław, entered in the Central Register of Registration and Information on Business Activity (CEIDG), NIP 894-100-84-98, REGON 930311639. The seat of Galeria M is Galeria M, Świdnicka 38a, 50-068 Wrocław.
These Terms & Conditions are addressed to Consumers and set out the rules and procedures for the conclusion of a Distance Sales Agreement with the Consumer via the Shop.
- Consumer / Customer – a person or an entity concluding a contract with the Seller at the Shop, the subject of which is not directly related to his/her business or professional activity.
- Consumer / Customer – a natural person or an entity concluding a contract with the Seller at the Store, the subject of which is not directly related to his/her business or professional activity.
- Entrepreneur – a person, a legal person and an organisational unit that is not a legal person but to which a separate act grants legal capacity, performing in its own name a business, which uses the Shop.
- Shop – an online shop operated by the Seller at the following web address: www.galeriam.com.
- Distance agreement – an agreement concluded with the Customer within an organized system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
- Terms & Conditions – these rules of the Store.
- Order – Customer’s declaration of will placed via the Order Form and aimed directly at concluding a Sales Agreement of a Product or Products with the Seller.
- Order Form – an interactive form available in the Shop which enables the placing of an Order, in particular by adding Products to the Basket and determining the conditions of the Sales Agreement, including the delivery and payment methods.
- Basket – an element of the Shop’s software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order’s data.
- Product – a work of art available in the Shop which is the subject of a Sales Agreement between the Customer and the Seller.
- Sales Agreement – a contract of sale of a Product concluded between the Customer and the Seller via the Internet Shop.
Contact with the Shop
- Postal address: Galeria M, Świdnicka 38a, 50-068 Wrocław, Poland
- Seller’s e-mail address: email@example.com
- Seller’s phone number: +48 71 372 44 92
- Seller’s bank details for payments in EUR: IBAN: PL 77 1140 2017 0000 4712 0070 6309, BIC/SWIFT: BREXPLPWMBK, name of the bank: mBank SA
- The Customer may communicate with the Seller using the addresses and telephone numbers given in this chapter of the Terms and Conditions.
- The Customer may communicate with the Seller by phone between 11 am and 6 pm from Monday to Friday and between 11 am and 3 pm on Saturdays.
- To the fullest extent permitted by law, the Seller shall not be held liable for any disturbances, including interruptions in the Shop’s functioning, caused by force majeure, unauthorised action of third parties or incompatibility of the Shop with the Client’s technical infrastructure.
- The prices given in the Shop are given in Euro and are gross prices (they include VAT).
- The final amount to be paid by the Customer consists of the price for the product and the cost of delivery, which the Customer is informed about on the Shop’s website when placing an order, including the moment of expressing his or her will to be bound by the Sales Agreement.
- If the nature of the subject of the Agreement does not allow earlier calculation of transport costs, they will be determined on the basis of individual arrangements with the Customer.
Rules for placing an Order
In order to place an Order:
- select the Product which is the subject of the Order and then click the “Add to basket” button;
- fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment, enter the data for the invoice, if different from the data of the recipient of the Order;
- choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period;
- click the “Order” button and confirm the order.
Delivery and payment methods
The Customer may use the following methods of delivery or collection of the ordered Product:
- Courier delivery;
- Personal collection available at: Galeria M, ul. Świdnicka 38a, 50-068 Wrocław, available from 11 am – 6 pm Monday to Friday and 11 am – 3 pm on Saturdays.
The Customer may use the following methods of payment: bank transfer to the account of the Seller and PayPal payment.
Detailed information on delivery methods and acceptable payment methods can be found on the Shop website.
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an Order by the Customer with the help of the Order Form in the Online Shop.
After placing an Order, the Seller confirms its receipt and at the same time accepts the Order for execution by sending by the Customer an e-mail message to the e-mail address given during the placement of the Order, which contains the Seller’s statement of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the above email is received by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
- In case the Customer chooses
- traditional bank transfer payment, the Customer is obliged to make the payment within 24 hours from concluding the Sales Agreement – otherwise the order will be cancelled,
- PayPal payments, the Customer is obliged to make the payment immediately.
- If the Customer has chosen a method of delivery other than personal collection, the Product will be dispatched by the Seller within the period indicated in its description, after the Customer’s payment has been credited, in the manner selected when placing the Order.
- If the Customer has chosen personal collection of the Product, the Customer will be informed by the Seller about the Product’s readiness for collection by an e-mail message sent by the Seller to the Customer’s e-mail address provided during the placement of the Order.
Returns and complaints
- The Customer has the right to withdraw from the sales contract concluded with the Seller or to make a complaint within 14 days.
- The period specified in point 1. starts from the delivery of the Product to the Consumer or a person indicated by him or her other than the carrier.
- In order to exercise the right of withdrawal or complaint, the Customer should inform the Seller about its decision to withdraw from the contract or complaint by an unequivocal statement made in writing, sent by post or e-mail to the address of the Seller.
- The Customer should send back or transfer the purchased Product to the Seller immediately, and in any case not later than 14 days from the date, on which he informed about the withdrawal from the agreement or complaint.
- The Customer shall bear the direct costs of returning the Product.
In the case of withdrawal from the agreement or acknowledged complaint, the Seller shall return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
- Works presented in the Gallery are verified and free from physical and legal defects. Purchased works are accompanied by a sales document compliant with tax regulations and a certificate of authenticity.
- Individual settings of the Customer’s computer and monitor causing erroneous or distorted display of information about the goods, e.g. their colours, cannot be the basis for the complaint.
- The Customer may check the condition of the parcel, open it and check its completeness in the presence of the courier. In case of any irregularities, a damage protocol should be drawn up. Only in such cases the Product complaint will be recognized due to possible damage or defects.
- Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution, which will not be associated with any costs to him.
- The Seller may withhold reimbursement until it has received the Product back or until it has been provided with proof of having sent the Product back, whichever event occurs first.
Personal data in the Online Shop
- The administrator of the Customers’ personal data collected via the Online Shop is the Seller.
- Customers’ personal data collected by the administrator via the Online Shop are gathered for the purpose of performing the Sales Agreement.
- All personal data provided by the Customer is processed in a manner compliant with the requirements set forth in Polish law, especially the Personal Data Protection Act of 29.08.1997 and the Provision of Electronic Services Act of 18.07.2002. Starting from 25.05.2018, personal data will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as “RODO”.
- The recipients of the personal data of the Customers of the Online Shop may be:
- In case of a Customer who uses postal or courier delivery method in the Online Shop, the Administrator shall make the collected personal data of the Customer available to a selected carrier or an intermediary performing the delivery on the order of the Administrator.
- If the Customer uses electronic or credit card payment method in the Online Shop, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the aforementioned payments in the Online Shop.
- The Customer has the right to access his/her data and correct them.
- The provision of personal data is voluntary, although the failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in the impossibility to conclude that agreement.
- The Seller informs that it is possible to configure the web browser in such a way that cookies cannot be stored on the Client’s terminal equipment.
- Agreements concluded through the Online Shop are concluded in the Polish language.
- The Seller shall have the right to unilaterally amend the Regulations in the course of its operations when introducing new services or methods of functioning of the Gallery or amendments to legal regulations.
- In matters not provided for in these Regulations, universally binding provisions of Polish law shall apply, in particular: Civil Code; the Act on providing services by electronic means; the Act on consumer rights, the Act on personal data protection.