Terms & Conditions for the Sale of Paintings – artdanutakozak.com

§ 1. General Provisions

1. The website available at artdanutakozak.com is a presentation site (a gallery) of paintings by Danuta Kozak, a natural person not conducting business activity, within the framework of unregistered activity in accordance with Art. 5 of the Act of 6 March 2018 – Entrepreneurs' Law. The website is not an online shop and offers no online purchase function (no cart or electronic payment) – paintings are sold at a distance, by e-mail correspondence (an availability inquiry).
2. Seller's contact details: name: Danuta Kozak; postal address (including for returns and complaints): ul. Narcyzowa 5/84, 81-653 Gdynia, Poland; e-mail address: danutakozak7@gmail.com.
3. These Terms & Conditions set out the rules and conditions for using the Website, including the rules for placing orders, concluding sales contracts, making payments, carrying out deliveries, as well as complaint procedures and the right of withdrawal.
4. Every Customer is obliged to read and accept these Terms & Conditions before placing an order.

§ 2. Definitions

1. Seller – Danuta Kozak, the natural person indicated in § 1 sec. 1.
2. Customer – a natural person, a legal person or an organizational unit without legal personality who makes a purchase via the Website (by e-mail).
3. Consumer – a Customer who is a natural person making a purchase for purposes not directly related to their business or professional activity.
4. Website – the Seller's website at artdanutakozak.com (a gallery presenting paintings); the Website offers no online purchase function, and orders are placed by e-mail.
5. Product – an original painting by Danuta Kozak that is the subject of the sales contract. Each Product is unique and handmade.
6. Sales Contract – a contract for the sale of a Product concluded at a distance between the Customer and the Seller by e-mail correspondence.
7. Order – a declaration of intent by the Customer aimed directly at concluding the Sales Contract, specifying in particular the type and number of Products.

§ 3. Placing and Processing Orders

1. Inquiries about purchasing paintings can be made 24 hours a day, 7 days a week, by sending a message to the Seller's e-mail address.
2. To place an order, contact the Seller by e-mail (address given in the Contact section), indicating the chosen painting and providing the data necessary to process the order: full name, delivery address, e-mail address and phone number, and accept these Terms & Conditions. In reply, the Seller confirms the availability of the work, the price and the delivery cost.
3. Placing an order constitutes an offer to conclude a Sales Contract. The contract is concluded when the Customer receives an e-mail confirming that the Seller has accepted the order for processing.
4. The order processing time (preparation for shipment) is up to 3–5 business days from the moment the payment is credited to the Seller's account.

§ 4. Prices and Payment Methods

1. The prices of the paintings are gross prices, expressed in Polish złoty (PLN), and are provided individually in response to the Customer's inquiry. Each painting is a unique work.
2. The final (total) amount payable consists of the price of the painting and the delivery cost, of which the Customer is informed by e-mail before the Sales Contract is concluded.
3. The Seller, as a person conducting unregistered activity, is not a VAT payer and does not issue VAT invoices. At the Customer's request, a bill (a VAT-exempt invoice) may be issued.
4. Payment is made by bank transfer to the Seller's account, provided in the e-mail confirming acceptance of the order.

The Seller provides the Customer with the transfer details (bank account number) in the e-mail confirming acceptance of the order.

The Customer is obliged to make payment within 3 days of placing the order. Failure to pay within this period may result in cancellation of the order.

§ 5. Delivery

1. Delivery of Products is carried out within the territory of the Republic of Poland. International shipping requires individual arrangement with the Seller.
2. Products are shipped via a courier company.
3. The Seller undertakes to pack the Product carefully and securely in order to minimize the risk of damage in transit.
4. It is recommended that the Customer check the condition of the parcel in the presence of the courier. If damage is found, it is recommended to draw up a damage report, which will facilitate the complaint process.

§ 6. Right of Withdrawal

1. In accordance with the Consumer Rights Act, the Consumer has the right to withdraw from the Sales Contract without giving a reason within 14 days of receiving the Product.
2. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision by an unequivocal statement (e.g. a letter sent by e-mail to the Seller's e-mail address). A template withdrawal form is provided as Appendix 1 to these Terms & Conditions.
3. In the event of withdrawal, the Consumer is obliged to return the Product to the Seller's address: Danuta Kozak, ul. Narcyzowa 5/84, 81-653 Gdynia, Poland – without delay, and in any case no later than 14 days from the day on which they notified the withdrawal. The direct cost of returning the Product is borne by the Consumer.
4. The returned Product must be in undamaged condition. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner beyond what is necessary to establish its nature and characteristics.
5. The Seller will refund to the Consumer all payments received, including delivery costs (except for additional costs resulting from the Consumer choosing a delivery method other than the cheapest standard method offered by the Seller), without delay and no later than within 14 days of receiving the withdrawal statement. The refund will be made using the same payment methods used in the original transaction, unless the Consumer has expressly agreed to another solution.
6. The Seller may withhold the refund until it has received the Product back or the Consumer has provided proof of having sent it back – whichever occurs first.

§ 7. Complaints

1. The Seller is obliged to deliver a Product that conforms with the contract.
2. The Consumer has the right to file a complaint on the grounds of the Product's lack of conformity with the contract, under the rules set out in the Consumer Rights Act of 30 May 2014 (Chapter 5a, Art. 43a et seq.). The Seller is liable for a lack of conformity of the Product existing at the time of its delivery and revealed within 2 years of that time. Customers who are not Consumers are covered by the warranty (rękojmia) under the Civil Code.
3. A complaint should be sent to the Seller's e-mail address, stating your details, a description of the Product's lack of conformity and your demand: first repair or replacement, and if these are impossible or would require excessive costs – a price reduction or (in the case of a material lack of conformity) withdrawal from the contract.
4. Due to the unique nature of the Products (handmade), replacement with a new, identical Product is impossible. Within a complaint, repair, price reduction or a refund is possible.
5. The Seller will consider the complaint within 14 days of receiving it.

§ 8. Protection of Personal Data

1. The controller of Customers' personal data is the Seller, Danuta Kozak.
2. Personal data is processed solely for the purpose of performing the Sales Contract and for contact purposes, on the basis of Art. 6(1)(b) of the GDPR.
3. Providing data is voluntary but necessary to process the order.
4. Detailed information on the processing of personal data can be found in the Privacy Policy available on the Website.

§ 9. Final Provisions

1. In matters not regulated by these Terms & Conditions, the generally applicable provisions of Polish law shall apply, in particular the Civil Code and the Consumer Rights Act.
2. The Seller reserves the right to make changes to these Terms & Conditions. Such changes will not infringe rights acquired by Customers, and contracts concluded before a change are governed by the version of the Terms & Conditions in force at the time the order was placed.
3. Any disputes arising from the Sales Contract will first be resolved amicably. If no agreement is reached, the competent court will be the court appropriate for the Seller's place of residence.
4. The Consumer may use out-of-court methods of handling complaints and pursuing claims, including through the Voivodeship Inspectorates of the Trade Inspection (WIIH) and municipal or district consumer ombudsmen. Information on this is also available on the website of the Office of Competition and Consumer Protection (UOKiK).

Appendix 1 – Template Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

Addressee: Danuta Kozak, ul. Narcyzowa 5/84, 81-653 Gdynia, Poland, e-mail: danutakozak7@gmail.com

I, the undersigned, hereby give notice of my withdrawal from the contract of sale of the following Product:
Product name: …………………………………… · Order date: …………………… · Receipt date: ……………………
Consumer's name: …………………………………… · Consumer's address: ……………………………………
Date: …………………… · (Consumer's signature, only if the form is sent on paper)