TERMS AND CONDITIONS OF THE TOUCHOFART.EU GALLERY
SECTION I – GENERAL PROVISIONS AND PROVISIONS FOR CUSTOMERS
§1. General Information
These Terms and Conditions set out the rules for using the website operated at https://www.touchofart.eu/, hereinafter referred to as the “Gallery”.
The Gallery is operated by Paweł Kamiński, conducting business under the name Paweł Kamiński TouchofArt, with its registered office at ul. Batorego 35/4, 58-300 Wałbrzych, Poland, Tax Identification Number (NIP): 886-246-82-19.
The Gallery conducts business consisting in the sale, in its own name and on its own account, of material copies of Artistic Works acquired by the Gallery, including Artistic Works created upon individual orders placed by Customers.
The Gallery does not conduct intermediary, agency, or representative activities on behalf of artists.
These Terms and Conditions are made available to the Customer prior to the conclusion of the contract and constitute an integral part thereof.
§2. Definitions
Artistic Work – a material copy of a work of art (movable property), in particular a painting, sculpture, or photograph.
Customer – a natural person, legal person, or organizational unit placing an order with the Gallery.
Sale / delivery of goods – the transfer of the right to dispose of an Artistic Work as owner within the meaning of the Act on Goods and Services Tax (VAT).
Individual order – an order for an Artistic Work created in accordance with the individual arrangements of the Customer.
§3. Information on Artistic Works
Descriptions, photographs, and information presented in the Gallery are for informational purposes only and constitute an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code.
The Gallery reserves the right that the colors and details of Artistic Works may slightly differ from those displayed on the screen.
The presentation of Artistic Works does not constitute a transfer of economic copyrights nor the granting of any license.
§4. Orders and Advance Payments
Orders may be placed electronically, by email, or by telephone.
In the case of Individual Orders, the Gallery may require the Customer to pay an advance payment towards the sale price.
The advance payment constitutes part of the sale price and shall be settled upon finalization of the transaction.
Payment of the advance does not result in the transfer of ownership of the Artistic Work nor in its delivery.
In the event of non-performance of the contract, the advance payment shall be refunded.
§5. Conclusion of the Sales Contract
The sales contract is concluded upon confirmation by the Gallery of acceptance of the Order.
By placing an Order, the Customer declares that they have read these Terms and Conditions and accept their content.
§6. Prices and Taxes
Prices stated in the Gallery are gross prices.
If the Gallery is an active VAT taxpayer, the sale of Artistic Works may be settled in accordance with the VAT margin scheme for works of art, pursuant to the provisions of the VAT Act.
The VAT tax obligation arises in accordance with applicable legal regulations.
§7. Delivery and Transfer of Ownership
Delivery of the Artistic Work shall take place in the manner agreed with the Customer.
Ownership of the Artistic Work is transferred upon payment of the full purchase price and delivery of the work.
In the case of consumer sales, the risk of loss or damage to the Artistic Work passes to the Customer upon physical delivery.
§8. Warranty and Complaints
The Gallery is liable to the Customer under statutory warranty in accordance with the Civil Code.
The Customer may submit complaints within the time limits resulting from applicable law.
Complaints shall be examined within 14 days of their receipt.
§9. Personal Data
Personal data are processed in accordance with the GDPR and the Privacy Policy available on the Gallery’s website.
SECTION II – CONDITIONS OF COOPERATION WITH ARTISTS
§10. Nature of Cooperation
This section defines the principles of cooperation between artists and the Gallery.
Cooperation consists in the sale by the Artist to the Gallery of material copies of Artistic Works.
The Gallery acquires Artistic Works on the basis of separate contracts for the sale of movable property concluded with Artists.
§11. Copyright
Economic copyrights to the Artistic Works are not subject to sale and remain with the Artist.
The Gallery does not acquire any licenses or other rights to exploit the Artistic Works, except for separate, free-of-charge technical consents to publish photographs of the Artistic Works for informational purposes and for the presentation of the Gallery’s offer.
The consent referred to in paragraph 2 may be withdrawn at any time.
§12. Artist’s Declarations
The Artist declares that they are the creator of the Artistic Work and that they hold full rights to its material copy.
The Artist shall be liable for any infringement of third-party rights.
§13. Publication of Images of Artistic Works
The publication of photographs of Artistic Works on the Gallery’s website serves solely to present the sales offer.
The Gallery shall not interfere with the content of the Artistic Work or its description without the Artist’s consent.
§14. Prohibited Content
It is prohibited to submit Artistic Works containing content that is contrary to applicable law.
The Gallery reserves the right to refuse the publication or sale of such Works.
SECTION III – CONSUMER RIGHTS AND DISTANCE SALES
§15. Customer Status and Scope of Consumer Protection
A Customer within the meaning of these Terms and Conditions may be:
a) a consumer – a natural person performing a legal act not directly related to their business or professional activity,
b) an entrepreneur – a natural person, legal person, or organizational unit conducting business activity,
c) an entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, if the content of that contract indicates that it does not have a professional character for that person.
The provisions of these Terms and Conditions concerning consumers shall apply accordingly to entrepreneurs with consumer rights, pursuant to Article 38a of the Act of 30 May 2014 on Consumer Rights.
§16. Information Required in Distance Sales
The sale of Artistic Works conducted via the Gallery constitutes a distance sale within the meaning of the Act on Consumer Rights.
Prior to concluding the contract, the Gallery provides the Customer in particular with information regarding:
a) the main characteristics of the Artistic Work,
b) the total price, including taxes, including information on the application of the VAT margin scheme,
c) delivery costs or information on the absence thereof,
d) the method and deadline for payment,
e) the delivery date of the Artistic Work,
f) the right of withdrawal from the contract or information on the absence of such right – where applicable.
§17. Right of Withdrawal
A consumer has the right to withdraw from a distance sales contract within 14 days from the date of receipt of the Artistic Work, without giving any reason, subject to paragraph 4.
To meet the withdrawal deadline, it is sufficient to send a statement before its expiry to the Gallery’s email address or correspondence address.
In the event of an effective withdrawal from the contract:
a) the contract shall be deemed not concluded,
b) the Gallery shall refund to the Customer all payments received from them, including delivery costs, no later than 14 days from the date of receipt of the returned Artistic Work.
The right of withdrawal shall not apply to the consumer in the cases specified in Article 38 of the Act on Consumer Rights, in particular where:
a) the Artistic Work was created to the Customer’s individual order, according to their specifications, or clearly personalized,
b) the subject of the sale is a non-prefabricated item produced at the Customer’s request.
§18. Return of the Artistic Work Following Withdrawal
In the event of withdrawal from the contract, the Customer is obliged to return the Artistic Work in an unchanged condition, unless the change was necessary within the scope of ordinary examination of its nature, characteristics, and functioning.
The Customer shall be liable for any reduction in the value of the Artistic Work resulting from use beyond what is necessary to establish its nature, characteristics, and functioning.
The Customer is obliged to properly secure the Artistic Work for return transport.
§19. Final Provisions
In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the VAT Act, and the Act on Consumer Rights shall apply.
These Terms and Conditions shall enter into force on the date of publication.