Terms & conditions | Sarapata Art Gallery
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TERMS & CONDITIONS

These Regulations set out the rules for making purchases on the website operated by sarapataartgallery.com. With regard to services provided electronically, the Regulations are the rules and regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).

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General provisions

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  1. The owner of the online store sarapataartgallery.com is Christophe Zerbone Investments, NIP: 5252481852, hereinafter referred to as the Seller.cym.

  2. Contact with the Seller can be obtained:

    • at telephone number:+ 48 575 640 001 

    • using the e-mail address: contact@sarapataartgallery

  3. In order to use the website sarapataartgallery.com including placing orders through this website, you need a device equipped with a web browser that supports the HTML5 standard with web storage technology.

 

Definitions

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  1. Customer - a natural person, legal entity or organizational unit without legal personality but having legal capacity, who, under the terms of these Regulations, makes an Order on the website.

  2. Consumer - a customer who is a natural person using the website for the purpose not directly related to his/her business or professional activity.

  3. Object of transaction - referred to interchangeably as the "Object" - listed and described on the website, and to which the Sales Agreement applies.

  4. Sales Agreement - an agreement for the sale of Objects in the meaning of the Civil Code Act, concluded between the Seller and the Customer, using the Seller's website.

  5. Website or Seller - the Internet service available at sarapataartgallery.com through which the Client may place an Order.

  6. Order - a declaration of will of the Client specifying unambiguously the type and quantity of Goods, aiming directly at the conclusion of the Sales Agreement.

 

Subject of Sale

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  1. Objects for sale conducted by the Website are works of art, especially paintings, coming directly from their creators.

  2. Objects offered by the Online Service may bear traces of the passage of time and individual characteristics. The Seller undertakes to inform Buyers about the individual characteristics of the objects and to deliver them without defects, except for the defects indicated in the sales offer.

  3. The objects offered on the Website have been accepted for sale on the basis of a commission agreement or have been acquired by the Seller and are his property.

  4. The sale does not, under any circumstances, include copyrights, in particular the right to reproduce, or commercially exploit the objects or their images.

  5. As a condition for accepting objects to the Website, the owners of the objects must declare that the objects are original, are their property and do not violate anyone's copyrights.

  6. The Website reserves the right to remove from the site objects for which there is a reasonable suspicion that the statements made in accordance with item 15 above are not true. The Website is not responsible for hidden physical defects of objects and their legal defects.

  7. Photographs of objects offered for sale presented on the Website may, due to their individual character, slightly differ from the original, especially in terms of colors or visibility of textures.

  8. The owner of all photographs placed on the Website is the Seller, unless otherwise noted. It is forbidden to use the content published on the Website without the written consent of the Seller.

 

Ordering and concluding a sales contract

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  1. The condition for placing an Order in the Online Store by the Customer is reading these Regulations and accepting their provisions at the time of processing the Order.

  2. Browsing the site's offer, directing questions and making transactions does not require the Client to register at the site. 

  3. All prices given on the site are gross prices given in Polish zloty or in another currency. Prices quoted do not include shipping costs, unless otherwise noted.

  4. Orders are accepted through the website sarapataartgallery.com, as well as at email address: contact@sarapataartgallery

  5. Orders can be placed 24 hours a day, 7 days a week throughout the year, except for technical interruptions or Internet outages resulting in inaccessibility to the site.

  6. The client is responsible for correctly filling out the order form and contact information, including the exact address to which the purchased objects are to be sent, as well as telephone number and e-mail address. In case the Customer wishes to place another Order and his contact information has changed, he is obliged to update it.

  7. If the data provided are not correct and will cause damage to the Seller, the Seller has the right to charge the Client with additional costs.

  8. The customer will receive a receipt or a VAT invoice upon request, which can be attached to the shipment or sent electronically to the indicated e-mail address. Most objects are sold under the margin VAT system.

  9. Placing an order is tantamount to the Customer's consent to the inclusion of his/her personal data in the service's database for processing in connection with the execution of the Order. Personal data will be protected in accordance with the Act of August 29, 1997 on the Protection of Personal Data (i.e. Journal of Laws of 2002, No. 101 item 926 as amended) and Privacy Policy.

  10. After the customer places an order, he/she will receive an automatic response from the service confirming receipt of the order.

  11. Then, at the earliest possible date, but no longer than within 48 hours (not including holidays) from the date of placing the order to the email address indicated by the Customer, the service will provide confirmation of the transfer of the order for processing.

  12. Confirmation of the transfer of the Order for processing is equivalent to the conclusion of the Sales Agreement.

  13. The Service reserves the right to cancel the order in case of inability to execute it.

  14. In the case of prolonged confirmation of order processing, the Service undertakes to immediately notify the Customer, who in this case has the right to withdraw from the order.

  15. In the event of cancellation of the order by either party in accordance with para. 31 or 32 above, the service will refund to the Customer any payment made by the Customer.

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Payment

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  1. Payment of the price of the work and transportation costs is made during the ordering process via paypal or payu.

  2. Receipt of payment is a condition for delivery of works by the service.

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Delivery

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  1. Purchased items are shipped up to 14 days after the payment is credited, except Saturdays, Sundays and holidays, via courier service. In exceptional cases, the delivery time may be extended, in which case the Customer is informed of the delay and the reason for it.

  2. The cost of delivery is paid by the Customer. Charges may vary depending on the item offered and are specified in the order in the section: "Method of delivery".

  3. In exceptional cases, the shipping cost is calculated individually, at the request of the Customer.

  4. The website is not responsible for the loss of objects or damage caused by courier companies.

  5. The buyer can also pick up the purchased item in person, after arranging the circumstances of collection with the Seller.

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Returns

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  1. The Customer, who is a Consumer, has the right to return the object purchased from the service, without giving any reason, within 14 days from the date of its receipt. In this case, the service will refund all payments received from the Customer.

  2. The return of payments will take place up to 7 working days after the service receives the returned object, provided that the Customer returns the object in an unchanged condition from the one in which the object was purchased. The Customer agrees to properly secure the returned shipment. Upon the Customer's request, the Seller will provide any instructions as to the proper form of packaging of the returned item.

  3. For domestic returns, if the purchased item is returned, the service will reimburse the Customer for the cost of returning the item up to the cost corresponding to the cheapest shipping option available in the offer.

  4. To make a return, you must make the appropriate declaration of intent by writing to the e-mail address: contact@sarapataartgallery

  5. Return parcel can be sent through the Polish Post or any courier company (does not apply to the return of purchased works of art, including paintings and sculptures. Prior consultation is required as to the form of protection of the artwork and its transport).

  6. All parcels sent by parcel post, cash on delivery or brought in person will not be accepted.

  7. The cost of shipping is the responsibility of the customer.

  8. The right of return does not apply if the object purchased was custom-made (including PRINT), adapted or processed at the customer's request, in particular framed or removed from the stretcher.

  9. The Seller emphasizes that the objects on offer are individual, frequently used objects, while canvas is one of the soft things, easily subject to scratches, microscratches. Despite the fact that the seller makes every effort to accurately describe any defects in the offered objects, the vast majority of them bear traces of the passage of time.

Personal data protection

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  1. The administrator of the Customers' personal data provided to the Service voluntarily within the framework of Registration and Order placement is the Seller.

  2. The Service processes personal data needed for proper execution of the order, i.e. the Customer's name, email address, postal address and contact telephone number. The Service contacts the Customer by phone and email address.

  3. Each Customer has the right to inspect his/her personal data and to correct it in the provided user profile, as well as the right to request removal of data from the service's Customer database, after prior notification in writing or electronically

  4. Customers' personal data are treated as confidential, are protected from unauthorized access and are not made available to third parties. They may be transferred to entrepreneurs intermediating in ordering courier services, postal operators and courier companies only for the purpose of order processing.

  5. In specific situations provided by Polish law, personal data may be made available to state institutions and authorities.

  6. Customers who have agreed to receive the Newsletter have the option to remove their e-mail address from the mailing list by clicking on the unsubscribe formula located at the bottom of the Newsletter and in the settings tab on the user's profile

  7. Detailed information regarding the processing, storage and use of personal data and privacy protection are published on the Privacy Policy page.

 

Final provisions

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  1. In matters not regulated by these Regulations, the provisions of the Civil Code shall apply.

  2. The Service reserves the right to make changes to the Regulations. Registered Customers will be informed of changes to the Rules and Regulations during their next login to the Service and/or by email. 

  3. The Service respects the freedom of artistic expression guaranteed by Article 73 of the Polish Constitution. and is not responsible for the content expressed by the exposed Objects, in particular those prohibited by law, vulgar, offensive or otherwise violating the rules of social coexistence.

  4. Please direct any questions or concerns to the following email address: contact@sarapataartgallery

  5. Terms and Conditions are effective as of 06.05.2020.

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