TERMS AND CONDITIONS OF ONLINE SALE OF THE magdalenaszata.com STORE

GENERAL INFORMATION

1.    These regulations define the terms and conditions of the sale of fine art works, photography prints and ceramics (hereinafter referred to as the Works) by the Magdalena Szata Art brand,  via the website at: www.magdalenaszata.com

2.    The sale takes place via the Internet in the form of a distance contract between the person placing the order, hereinafter referred to as the Customer, and the seller, hereinafter referred to as the Store.

3.    The Customer of the Store may be a natural or legal person and an organizational unit without legal personality, which the law grants legal capacity, having full legal capacity and an active e-mail account.

4.    Each customer placing an order is obliged to read these Regulations. Ignorance of the Regulations does not exempt from the application of the rules contained therein.

5.    Before making a purchase, the Customer confirms that he has read the Regulations and that he accepts them in the applicable form. In case of doubt, it is considered that the Customer's first action related to the purchase means acceptance of these regulations and consent to their use when concluding transactions.

 

OBJECT OF THE STORE'S ACTIVITY

1.    The subject of the Store's activity is the sale of works of fine art prints, photography prints and ceramics via the Internet.

2.    The store presents digital photos of the offered works, along with their description and price.

 

PRICES

1.    All prices listed on the Store's websites are expressed in Polish zlotys (PLN) and are gross prices (to be paid). PLN (zł) is a sale transaction currency.

2.    The currency converter changes the display currency on the site. It doesn't change the currency of sale transaction. Display currencies available: PLN (zł), EUR (€) and USD ($).

3.    Currency rates are provided by XE.COM INC.

4.    The standard price is the price of the work and depends on the size of the print selected. 

5.    Shipment costs are covered by the buyer according to the price list of couriers for individual countries - the price is given in the basket before the order is processed.

 

SHOPPING

1.    The order is placed using the form available on the Store's website.

2.    The contract for the sale of the Work is considered concluded after the payment for the subject of sale has been received by Magdalena Szata Art.'s bank account via the payments gateways available at website.

3.    The store confirms the receipt of the order by sending a message to the e-mail address provided by the customer in the registration form.

4.    A receipt or invoice is issued for each accepted order. These documents are issued immediately after receiving the full gross payment from the Customer.

5.    The store informs the customer about changes in the status of the order on an ongoing basis by sending the above-mentioned information to the e-mail address provided by the Customer in the registration form.

 

DELIVERY

1.    Shipment costs are covered by the Customer.

2.    The order fulfillment time, i.e. the time from placing the order and sending the ordered goods, to delivery to the customer (only working days are taken into account here), is from 2 to 7 business days as each print is individually printed. 

3.    Shipment time could vary depends on destination country and courier selected. 

 

DAMAGE TO THE SHIPMENT DURING TRANSPORT.

1.    Reporting damage of the parcel during transport will be considered only on the basis of a report made to the courier company employee at the time of delivery.

2.    In the event of receiving a damaged parcel, the Customer should immediately sign a protocol with a description of the damage and the signature of the courier company delivering the parcel.

 

COPYRIGHT.

1.    All the Works presented on the Store's website can be found on it with the consent and knowledge of the copyright owner of these Works. It is forbidden to copy and distribute the materials on the Store's websites without the consent and knowledge of the copyright owner.

 

FINAL PROVISIONS.

1.    Any questions regarding making purchases via the Store should be sent to the following e-mail address: hello@magdalenaszata.com.

2.    The store reserves the right to make changes to the regulations without informing customers about it in advance. Amendments to the regulations will be published each time on the Store's website in the regulations tab.

3.    The Regulations shall enter into force on 5 April 2022.

PRIVACY POLICY

CUSTOMER REGISTRATION AND PRIVACY PROTECTION

1.    Customer registration is made after providing the data in the registration form.

2.    Providing the registration data by the Customer is necessary to carry out the purchase transaction. It is in the interest of the customer to provide correct data enabling contact and delivery of the Work. The store is not responsible for the consequences of incorrectly providing data by the customer.

3.    The customer undertakes to update the personal data provided in the registration form on an ongoing basis. In case of doubt, contact or delivery to the addresses provided in the registration form are considered effective.

4.    The Store reserves the right to withdraw from the order if the data provided by the Customer in the registration form is incorrect or insufficient to complete the order (incomplete).

5.    Registration on the Store's website is tantamount to consenting to the processing of the Customer's personal data by the Store (if such have been provided). The customer may agree to receive promotional and informational materials related to the subject of the Store's activity by e-mail.

6.    The store processes the customer's personal data within the meaning of the Regulation of the European Parliament and of the Council of the European Union 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC ( hereinafter: "GDPR").

7.    The administrator of personal data is Magdalena Szata,  ul. Tadeusza Hołówki 3/89, 00-749 Warsaw, Poland.

8.    The Administrator can be contacted: by e-mail, to the following address: hello@magdalenaszata.com.

9.    The Customer's personal data is processed in order to provide the service, in particular to maintain the Customer's account in the store, as well as conclude and perform sales contracts, including payment for the purchased goods and granting discounts, delivery of goods, sending notifications about order fulfillment, process implementation complaints and ensuring proper customer service, adjusting the advertising offer to the needs of customers, presenting advertisements and sending commercial information, handling notifications and complaints, expressing public opinion about purchased goods, enabling contact between buyers and sellers.

10.    The legal basis for the processing of personal data may be the consent expressed by the Customer (Article 6 (1) (a) of the GDPR), the need to take action at the Customer's request (Article 6 (1) (b) of the GDPR) or purposes related to a legitimate interest implemented by the Administrator or by a third party (Article 6 (1) (f) of the GDPR). The legitimate interest of the Administrator is to offer customers the best possible quality of service, adjust the offer of goods to the needs and expectations of buyers, as well as conduct marketing, promotional and advertising activities, the recipients of personal data may be entities cooperating with the Administrator in the performance of tasks specified in point 9, in in particular, companies providing goods delivery services (couriers), banks that support the processes necessary to send notifications about order fulfillment, service providers that provide advertising and marketing services, as well as companies cooperating with the Store, providing services in the field of invoicing, settlements of receivables and accounting.

11.    The Customer's personal data may be transferred to third countries, i.e. outside the European Economic Area (EEA) or to international organizations, but only to entities that provide adequate safeguards and guarantee the rights of data subjects and effective legal remedies. In particular, this includes the Administrator's use of services provided by Google and Facebook, to the extent that it is necessary to achieve the goals indicated in point 9.

12.    The Customer's personal data will be processed by the Administrator for the period necessary to provide services or for other purposes indicated in point 9 above.

13.    The customer has the right to:

•    requests from the Administrator to access their personal data,

•    requests from the Administrator to correct their personal data,

•    requests from the Administrator to remove or limit the processing of their personal data,

•    object to the processing of personal data to the Administrator for the purpose of direct marketing,

•    object to profiling to the Administrator to the extent that the processing is related to direct marketing,

•    withdraw consent to the processing of your personal data,

•    lodge a complaint with the supervisory authority.

 

14.    The customer does not have a statutory obligation to provide personal data, however, this obligation may result from specific regulations. The consequence of not providing personal data may be, in particular, the inability to provide services to the Customer, in particular, the inability to conclude a contract for the sale of goods in the Online Store.

15.    The Customer's personal data may be subject to automatic profiling to the extent necessary to provide advertising and marketing services and to decide on granting the Customer a sales discount. As part of profiling, first of all, the Customer's previous purchase decisions may be analyzed, on the basis of which the Store will try to adjust the future offer. Profiling also allows for the possible granting of an appropriate discount, the granting of which and the amount depend in particular on the collected and processed data about the customer.

16.    please note that website magdalenaszata.com is hosted on the Wix.com platform. Wix.com provides with the online platform that allows to sell products to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

17.    All direct payment gateways offered by Wix.com and used by Magdalena Szata Art adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

RETURN POLICY

COMPLAINTS AND RETURN OF GOODS BY THE CUSTOMER WHO IS A CONSUMER.

1.    For the purposes of these Regulations, the term Consumer is understood as the Store's Customer who is also a consumer within the meaning of art. 22 1 of the Civil Code.

2.    The provisions of this paragraph apply only to Consumers.

3.    Pursuant to the Act on consumer rights of 30 May 2014, the customer who is a consumer may withdraw from the concluded purchase contract within 14 days from the date of delivery of the Work to the Consumer, by returning the goods, which must be unused and in the same condition. The cost of return shipment, including the cost of proper package (so that the work does not break in transit) and the transport service provided by the carrier, is covered in this case by the Consumer.

4.    The purchased Work should be returned to the following address: Magdalena Szata Art., ul. Tadeusza Hołówki 3/89, 00-749 Warsaw.

5.    The returned Work should be accompanied by an invoice or a receipt and the account number to which the sale price of the Work should be refunded.

6.    If the work has been commissioned by Consumer and includes a custom inscription, stamp or other personalisation, Consumer will not be eligible for a refund, swap or credit. 

7.    The store does not collect parcels sent with a cash on delivery payment.

8.    If the Consumer returns the goods in accordance with the content of these Regulations, the Store returns the sale price paid, within 14 days from the date of return of the Work by the Consumer, to the bank account provided by him.

9.    In the event that the purchased Work at the time of its delivery is inconsistent with the contract, the Consumer is entitled to file a complaint about the purchased work. The above right is granted to the Consumer only in the case of non-compliance within six months from the date of delivery of the Work. After this date, the right to file a complaint expires.

10.    The complaint referred to in the preceding paragraph shall not be entitled if the Work corresponds to the description provided on the Store's website or has the features visible on the photo presented on the Store's website.

11.    Minor color differences between the presentation of the photos of the Work posted on the Store's website and the original of the Work, which result from technical reasons, and therefore cannot be the subject of a complaint, are not considered as non-compliance with the contract. The Store will make every effort to ensure that the digital photos of the presented Works are of the best quality.

12.    The Store must be notified of the non-compliance of the Work with the contract in writing or by e-mail (e-mail).

13.    Complaints submitted in the manner and within the time limit specified in these Regulations will be considered within 14 days from the date of receipt of the complaint.

 

COMPLAINTS AND RETURN OF GOODS BY A CUSTOMER WHO IS NOT A CONSUMER.

1.    If the Customer finds a defect (damage) of the Work, a notification must be made in writing or by e-mail, at the latest within 7 days from the date of receipt of the shipment by the Customer.

2.    Complaints submitted in the manner and within the time limit specified in these Regulations will be considered within 14 days from the date of receipt of the complaint.

3.    Slight color differences between the presentation of the Work's photo posted on the Store's website and the original Work, which result from technical reasons, may not be the subject of a complaint. The Store will make every effort to ensure that the digital photos of the presented Works are of the best quality.

GDPR INFORMATION CLAUSE

1. THE ADMINISTRATOR OF PERSONAL DATA IS:

Magdalena Szata

Tadeusza Hołówki 3/89, 00-749 Warsaw

Contact: hello@magdalenaszata.com

 

2. PURPOSE AND LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA.

Personal data in our store are processed as part of:

  • conclusion, performance and continuation of contracts for the purchase / sale of goods and services offered by the administrator

  • performance of legal obligations incumbent on the administrator (in particular: issuing and storing invoices / sales documents and other accounting documents, considering complaints and returns),

  • establishing, defending and pursuing claims,

  • direct marketing,

  • creating analysis and statistics lists (for the internal needs of the administrator),

  • verification of payment credibility,

  • technical service and customer support,

  • broadly understood commercial cooperation, pursuant to Art. 6 sec. 1 lit. a, b, c, d, e, f or Art. 9 sec. 1 and sec. 2 lit. a, b, c, d, h, i, j - general regulation on the protection of personal data of April 27, 2016,

  • The administrator processes personal data on the basis of art. 6 sec. 1 lit. f) - processing is necessary for the purposes of the legitimate interests pursued by the administrator or by a third party) - in the field of video monitoring in the administrator's premises.

  • The recipients of your personal data may be / will be: courier / transport companies, companies providing IT support for the administrator, business partners of the administrator, companies servicing payments.

  • Your personal data will be stored for an adequate period and not longer than the periods compliant with the applicable law in individual areas of personal data processing.

  • You have the right to: request the administrator to access personal data; rectification, deletion or limitation of the processing of personal data; object to processing, data transfer or withdrawal of consent at any time,

  • We guarantee the fulfillment of all your rights under the general data protection regulation. Your personal data is processed on the basis of your consent, and you have the option of withdrawing it at any time. Withdrawal of consent does not affect the lawfulness of the processing carried out prior to the withdrawal. At the same time, you have the option of accessing and updating the data provided. You have the right to request the deletion or limitation of processing and the right to object to the processing, as well as the right to transfer data. You can exercise your rights by contacting the administrator using the above contact details. You have the right to lodge a complaint with the Personal Data Protection Office.

  • Providing personal data is a statutory condition for concluding a contract and is voluntary, however, failure to provide data to the extent required by the administrator may result in failure to perform the contract. In other cases, it is based on the voluntary consent of the person providing their personal data or legal provisions (in particular the general regulation on the protection of personal data of 27 April 2016 - GDPR), however, failure to provide data to the extent required by the administrator may result in the inability to perform the contract.

  • Your personal data will not be transferred outside the European Economic Area.