REGULATIONS OF STALOWA ART GALLERY STORE
§ 1 Introduction
1. The online store of STALOWA Art Gallery based in Warsaw, at Stalowa Street 26 (hereinafter referred to as the Store) operating at the address www.galeriastalowa.pl, is managed by:
P.W. Solo Krzysztof Fabijański
Telephone/Fax + 48 81 746 58 33 lub +48 81 746 06 90
Account number for payments in PLN: PL 28 2030 0045 1110 0000 0284 0440 BNP ParibasS.A.IV O/Lublin
Account number for payments in EUR: PL 58 2030 0045 3110 0000 0032 3630 BNP ParibasS.A.IV O/Lublin
SWIFT CODE BNP Paribas S. A: PPABPLPK
2. Gallery’s contact information:
STALOWA Art Gallery
Stalowa Street 26
Telephone + 48 22 380 3443
Fax +48 22 380 3343
Company – P.W. Solo Krzysztof Fabijański, Wojciechowska 55, 20-074 Lublin;
Gallery – STALOWA Art Gallery, Stalowa Street 26, 03-426 Warsaw;
Store – online store at www.galeriastalowa.pl;
Work – picture, graphic, drawing, sculpture or other work of art offered for sale on the Store’s website;
Customer – a person with full legal capacity, legal person or entity without legal personality but having legal capacity, making the purchase in the store;
Materials – all content and images posted on the Store website;
Registration – creating an account by the Customer by providing the personal details (name, address, phone number, and e-mail address) or the details of a legal person or an organizational unit without legal personality (name, address, phone number, email address, tax identification number) and choosing a password needed to use the Store;
Shopping Cart – Store functionality for selecting and adding the offered products works to the Order;
Order – addition of products available at the Store works to the Cart and confirmation of the willingness to purchase by clicking on the link sent by the Store by e-mail;
Delivery address – an address that the Customer provides the Store with as the place of Orders delivery;
Forms of Payment – methods of payment for the Order placed with the Store: bank transfer, credit card, payment by PayU service, payment by cash on delivery or cash at the headquarters of the Gallery;
Delivery Methods – methods of Order delivery to the Delivery Address indicated by the Customer;
Bank Account – Company’s Bank Account Number:
- For payments in PLN:
28 2030 0045 1110 0000 0284 0440 BNP Paribas S.A.IV O/Lublin
- For payments in EUR:
PL 58 2030 0045 3110 0000 0032 3630 BNP Paribas S.A.IV O/Lublin
SWIFT CODE: PPABPLPK
§2 General provisions
1. These Regulations specify the rules for the use of the Store, placement of Orders for the Works, delivery of the ordered products to the Customer, Customer payment for the Orders, Customer’s right to cancel the Order and withdraw from the agreement, and the rules for the submission and processing of complaints.
2. Using the Store is free of charge.
3. We accept no liability for any interference, including breaks in the functioning of the Store due to force majeure, unauthorized acts of third parties or incompatibility of the Store with the Customer's technical infrastructure.
4. Viewing Gallery offers does not require registration, however, placement of an order is possible only after the Customer registration.
5. The Store guarantees that all works offered are original, acquired directly from the artist’s studio.
6. Prices shown on the Store website are gross prices and they include VAT.
7. The Store presents images of original Works, however, colors presented in the Store may vary slightly from actual, depending on the technical parameters of the Customer’s display panel.
§3 Order Placement
1. The Customer may view the range of products at the Store and place orders 7 days a week, 24 hours a day.
2. Adding Work to Cart allows for starting the process of Order placement, during which the Customer:
- provides the Delivery Address;
- selects confirmation of purchase in the form of a receipt or invoice (after providing the company name and tax identification number when registering);
- selects the form of payment;
- selects the Delivery Method;
- accepts the provisions of the Regulations;
- confirms the Order.
§ 4 Payments
1. The Customer may choose most convenient method of payment:
- by bank transfer – the Store shall generate and send a proforma invoice by e-mail based on which Customer shall pay for the Order; the invoice shall also be available on the My Account page the Store;
- by a credit card – the Customer shall be redirected to a secure, encrypted site of the operator and complete the data required to make the payment;
- payment by PayU – the Customer shall be redirected to a secure, encrypted page of the bank of their choice through which the payment for the order shall be made;
- payment in cash at the headquarters of the Gallery – the Customer shall makes payment in cash at the headquarters of the Gallery at 26 Stalowa St. in Warsaw.
2. After selecting the Form of Payment the Customer shall be obliged to pay for the Order within 3 working days - after this deadline the Store reserves the right to cancel the order.
§ 5 Delivery Conditions
1. Works ordered from the Store with delivery address within European Union shall be dispatched via courier within three business day after the payment has credited the account of the Company.
2. The Customer is required to view the contents of the shipment in the presence of the courier in order to check whether the transport is not damaged.
3. Works that have irregular dimensions or the delivery address outside the European Union ordered from the Store shall be delivered by courier or own transport of the Gallery, after consultation by phone or e-mail of detailed costs and delivery time with the Gallery employee.
4. The Store also offers an option of personal collection of Works from the Gallery during business hours Mon.-Fri. 12:00–19:00; Weekends 12.00-17.00.
§ 6 Implementation of the Orders
1. Implementation of the orders shall take place after:
- in the case of payment by bank transfer, after the Company account has been credited with due amount;
- confirmation of payment by the service supporting credit cards and PayU service;
- depositing the cash directly at the cashier office of Gallery STALOWA;
2. The Orders are executed within three business days of receipt of payment for the Order with the exception of Works referred to in § 5 section 3.
3. In the case the delivery address, or other order items could indicate submission of false order, and there is no way of telephone or e-mail order confirmation, the Store reserves the right not to implement the Order.
4. As requested by the Customer, the Store shall issue a VAT Margin invoice for the ordered Work.
§7 Cancellation of the Order and termination of the Agreement
1. The Customer has the right to cancel the Order within 48 hours of its submission, and after it is paid until it has been transferred to the shipping company. To do this, the Customer should contact the Gallery by phone at + 48 22 380 34 43.
2. The Customer has the right to terminate the Purchase Agreement concluded with the Store, within 14 days of Order receipt without giving any reasons, however, in such a situation the Customer shall be obliged to return the ordered Work at his own expense, intact, after informing the Store about withdrawing from the purchase (Attachment 1) by e-mail to: email@example.com. In such a situation the Store shall return the amount paid for the Work to the Customer's bank account within 7 business days from the date of receipt of the Order return.
§ 8 Complaints and Replacement
1. Complaints may refer to Works damaged during transport after execution of damage report in the presence of the courier delivering the shipment.
2. In other matters related complaints the Customer should contact the Gallery employee at + 48 22 380 34 43.
3. Complaints related to discrepancies in colours presented on the website shall not be considered.
4. Replacement of ordered Works is possible after consultation with the Gallery employee at + 48 22 380 34 43, but only if the replaced objects are intact and unchanged and the value of new Order is higher or equal to the previous one.
§ 9 Final Provisions
1. The Store shall make every effort to keep the information presented on the www.galeriastalowa.pl up-to-date.
2. In matters not covered herein, the provisions of the Polish law shall apply, applicable to the operation of an online store, in force in the Republic of Poland, and especially the Civil Code and the Act on the specific conditions of consumer sale and amending the Civil Code (Journal of Laws No. 141 of 2002 item 1176) and the Law on the protection of consumer rights and liability for damage caused by dangerous products.
4. The Store staff shall try to resolve any disputes in favour of the Customer, subject to the procedures established by these Regulations.
Who is the administrator of your personal data?
The administrator, i.e. the entity that decides how your personal data will be used, is P.W. Solo Krzysztof Fabijański, ul. Wojciechowska 55, 20-704 (Company) running the STALOWA Art Gallery, ul. Stalowa 26, 03-426 Warsaw (Gallery). The Gallery runs a Store at the address www.galeriastalowa.pl.
Who can you contact to get more information about the processing of your personal data by the Gallery?
If you have questions about the processing of your personal data by the Gallery, you can contact us by writing to us at the email address firstname.lastname@example.org.
You can also contact the data protection officer appointed by us using the following contact details: email@example.com, phone + 48 22 380 3443 or +48 606 864 943
Data Protection Inspector of Galeria Krzysztof Fabijański, ul. Stalowa 26, 03-426 Warsaw.
From whom have we obtained your personal data?
We have obtained your personal data directly from you when you set up an account in the store at www.galeriastalowa.pl, subscribed to the newsletter or cooperated with us on the sale of works of art.
Additionally, we have obtained information about you directly from you during your visit in the Gallery's seat, during auctions or art fairs, and also on the occasion of establishing cooperation in the organisation of exhibitions, auctions and other events in the Gallery.
For what purpose and on what basis does the Gallery process your personal data?
We are entitled to process your personal data because it is necessary for the performance of a contract concluded between us or the exercise of our legitimate interests, for the purposes of:
- enabling you to use services provided electronically, including providing you with the possibility to fully use the Store;
- to allow you to set up and manage your account and to allow you to monitor your orders and their history;
- make it possible to carry out and complete transactions in the Shop;
- enable participation in art auctions organized by the Gallery;
- provide the possibility of making payments for transactions carried out;
- processing and handling complaints submitted by you concerning Orders
- service the inquiries and requests that you direct to us;
- contacting you in particular for the purpose of providing services;
- cooperate in selling your Works during exhibitions or auctions;
- terminate the contract for the provision of electronic services, including the request to close your account.
We are required by law to process your data for tax and accounting purposes.
We may also process your personal data on the basis of legitimate interests for the purposes of:
- analysing and managing your activity on the Gallery website in order to adjust services and content to your individual preferences;
- organisation of loyalty programmes and competitions, in which you may participate;
- performing technical activities and solving technical problems related to administration of the Store;
- conduct marketing of our own services;
- developing general statistics concerning the use of the Store by you and other users, including gathering general demographic information (e.g. about the region from which the connection is made);
- collecting debts;
- conduct court, arbitration and mediation proceedings;
- provide payment services;
- ensure security and integrity of the services we provide to you electronically, including prevention of fraud and abuse and ensuring traffic safety;
- customize categories of offers or individual offers in your account settings;
- contacting you, including for permitted marketing purposes,
- conduct statistical analyses;
- storing data for archival purposes and ensuring accountability (proving that we have fulfilled the obligations resulting from legal regulations).
The Gallery is entitled to process your personal data on the basis of the consent given by you in order to:
- organisation of exhibitions and auctions
- collecting data from websites;
You may withdraw your consent at any time by contacting the Inspector of Personal Data of the Gallery at firstname.lastname@example.org or email@example.com.
Do you have to provide the Gallery with your personal data?
Providing your personal data is a statutory requirement only to the extent to which it is necessary for the performance of Orders or the conclusion of agreements concerning the sale of Works. Providing your other personal details is voluntary.
What are your rights towards the Gallery?
We assure you that we will exercise all your rights: the right to access your personal data, to rectify your data, to delete it, to restrict its processing, the right to its portability, not to be subject to automated decision-making, including profiling, and the right to object to the processing of your personal data.
You can exercise these rights when:
- with regard to the request for rectification: you notice that your data is incorrect or incomplete;
- with regard to a request for erasure of data: Your data will no longer be necessary for the purposes for which it was collected by the Gallery; you withdraw your consent to the processing of your data; you object in advance to the processing of your data; your data will be processed unlawfully; your data should be deleted in order to comply with a legal obligation; or your data was collected in connection with the provision of electronic services offered to your child.
- with regard to the demand for restriction of data processing: you will notice that your data are incorrect - for the period allowing the Gallery to check the correctness of your data; your data will be processed unlawfully, but you will not want them to be erased; your data are no longer required by the Gallery, but they may be necessary for you to defend or assert claims; or you will lodge an objection to data processing - until it is determined whether the legitimate grounds on the part of the Gallery prevail over the grounds for the objection;
- with regard to the request for data transfer if the processing of your data takes place on the basis of your consent or a contract concluded with you and the processing takes place by automatic means.
You can lodge a complaint with the President of the Office for Personal Data Protection with its registered office in Warsaw at Stawki 2, with regard to our processing of your personal data.
In what situations can you object to the processing of your data?
You have the right to object to the processing of your personal data when the processing is based on a legally justified interest or for statistical purposes, and the objection is justified by the particular situation you are in or your personal data is processed for direct marketing purposes, including being profiled for this purpose.
Who does the Gallery share your personal data with?
Your personal data may be provided to third parties (contractors, payment operators, websites that cooperate with the Gallery) if it is necessary to provide services. If we are required to do so by law, we make your personal data available to authorised entities, including competent judicial authorities. If necessary, we may provide your personal data to public authorities for the purposes of combating fraud and abuse.
Due to the need to prevent web robots from performing certain functions on the Gallery, we use Google's reCAPTCHA mechanism to occasionally investigate whether the behaviour of users of our shopping platform bears the hallmarks of robotic behaviour. In such a situation, we may disclose your IP address to Google LLC.
What is the storage period of your personal data?
The Gallery stores your personal data for the duration of the contract and after its termination if there is a risk of asserting claims in connection with its performance, but for no longer than 10 years from the date of its termination.
Personal data that we process on the basis of tax and accounting regulations we are obliged to store for a period of 5 years after the end of the year in which the deadline for tax payment expired.
Personal data that we process for marketing purposes, we are only entitled to process for the duration of the contract binding us or until you raise a valid objection.