The Regulations define the general terms, conditions and the manner of providing services by the Positive Art Live Gallery online art gallery located at the domain addresses: PositiveArtLive.com, hereinafter referred to as the "Website" run by Joanna Tokarczyk based in Krakow.
§ 1 Definitions
1. Website - means the webpage on which the Service Provider runs the website, operating as PositiveArtLive.com
2. User (Buyer and Seller) - means an entity using the functionality of the Website, for which the services are provided by the Service Provider.
3. Buyer Account - means an individual panel for each Buyer, launched for him by the Service Provider after Registration.
4. Seller (Artist) - means an Entrepreneur whose Goods are presented on the Website.
5. Service Provider - means Joanna Tokarczyk based in Krakow (31-271), ul. Kluczborska 25, NIP 7371702378, who is the owner of the Website.
6. Announcement - means an announcement for the sale of the Goods offered by the Seller and posted by the Service Provider on the Website.
7. Entrepreneur - means a natural person, legal person or an organizational unit that is not a legal person, which the law grants legal capacity to conduct business or professional activity on its own behalf and perform a legal transaction directly related to its business or professional activity.
8. Entrepreneur with the rights of the Consumer - means a natural person concluding a Sales Agreement directly related to its business activity, when the content of the Sales Agreement shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. Registration - means the actual act performed in the manner specified in the Regulations, required for the User to use all the functionalities of the Website.
10. Goods - means the product offered by the Seller on the Website.
11. Sales contract - means a sales contract concluded remotely between the User and the Seller, the subject of which are the Goods presented in the Advertisements.
§ 2 General provisions and use of the Website
1. All rights to the Website, including proprietary copyrights, intellectual property rights to its name, logotype, and internet domains belong to the Service Provider, and they may only be used in a manner specified and in accordance with the Regulations.
2. The Service Provider will make every effort to ensure that the use of the Website is possible for Internet users with the use of all popular web browsers, operating systems, device types and types of Internet connections.
3. The Service Provider uses the mechanism of "cookies", which are saved by the Service Provider's server on the User's end device when Users use the Website. The use of "cookies" is aimed at the correct operation of the Website on Users' end devices. This mechanism does not damage the User's end device and does not change the configuration of the Users' devices or the software installed on it.
4. In order to place an order on the Website via e-mail and in order to use the services available on it, it is necessary for the User to have an active e-mail account.
5. It is forbidden for the User to provide illegal content and to use the Website or the services provided by the Service Provider by the User in a manner that is against the law or infringes the personal rights of third parties.
6. The Service Provider declares that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying Users' data by unauthorized persons, therefore Users should use appropriate technical measures to minimize the above-mentioned risks. In particular, use anti-virus programs and programs protecting the identity of Internet users. The Service Provider never asks the User to provide him with the password in any form.
7. It is not allowed to use the resources and functions of the Website in order to conduct activities by the User that would infringe the interests of the Service Provider..
§ 3 Registration
1. In order to create a Buyer Account, the User shall register free of charge via the registration form provided by the Service Provider on the Website.
2. Creating an Account by the Buyer is not necessary to place an order.
3. After creating the Buyer Account, the User is able to add the Seller's Goods to the favorites.
4. Upon the activation of the Buyer's Account by the User, an agreement is concluded for the provision of electronic services for maintaining the Buyer's Account.
5. The User who is an Entrepreneur, in order to obtain the status of the Seller, sends to the Service Provider a request for cooperation and photos of 1-3 works via the contact form available in the Contact tab. After receiving the application, the Service Provider verifies the User and informs the User by e-mail, to the e-mail address provided in the application form, about accepting or rejecting the application within 30 days. The Service Provider, in the event of accepting the User's application, creates a Seller's Account and sends him a confirmation of the conclusion of the contract for the provision of the Seller Account service by electronic means to the e-mail address provided in the application.
6. The Seller and the Service Provider additionally sign a Cooperation Agreement, which regulates, in particular, the intermediation of the Service Provider in the field of payments between Users and Sellers, and the rules for the Seller to pay commissions to the Service Provider.
7. When filling in the message form, the User has the opportunity to read the Regulations, accepting its content by marking the appropriate field.
8. During Registration, the User may voluntarily consent to the processing of his personal data for marketing purposes by checking the appropriate box on the registration form. In this case, the Service Provider informs about the purpose of collecting the User's personal data, as well as about the expected or known recipients of this data by the Service Provider.
9. The User's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Service Provider for the provision of the Customer Account service by electronic means. The consent may be withdrawn at any time by submitting an appropriate User statement to the Service Provider. The statement may be sent to the address of the Service Provider via e-mail.
§ 4 Services
1. The Service Provider provides the following services to the User by electronic means:
a. maintaining a Buyer's Account, b. maintaining a Seller's Account, c. add a work to favorites, d. contact form.
2. The Service Provider provides the Seller with the free service of publishing an Announcement. If the Goods from the Announcement are sold on the Website, i.e. a Sales Agreement is concluded, the Seller is obliged to pay the Service Provider a commission on the terms described in §6 section 2 below.
3. The Service Provider reserves the right to change the type, form, time and method of granting access to those mentioned in section 1 services, about which it will inform Users in a manner appropriate to the amendment of the Regulations.
4. The Add work to favorites service allows the User, after logging in to the Buyer's Account, to mark a given work as "favorite". Then the selected work is placed on the Buyer's Account.
5. The Contact Form service allows you to send messages to the Service Provider using the form provided on the Website.
6. The Service of Maintaining the Seller's Account is available after the conclusion of the contract between the Service Provider and the Seller, and consists in enabling the Seller, through an Announcement, to sell the Goods belonging to him on the Website.
7. The Buyer Account Service is available after Registration on the terms set out in the Regulations and consists in enabling the Buyer by the Service Provider to use the Buyer's Account and other free services that are made available under the account, as well as tracking the status of orders and the history of orders already completed.
8. The user who has registered may submit a request to the Service Provider to delete the Buyer's Account. In the event of sending a request to delete the Account to the Service Provider, the User Account will be deleted within 7 calendar days.
9. The Posting of an Announcement service consists in posting by the Service Provider of an Announcement regarding the Seller's Goods and keeping it on the Website for an indefinite period of time, i.e. until the Service Provider removes the Announcement, or the Seller concludes a Sales Agreement, the subject of which is the Goods presented in the Announcement. During the service, the Service Provider may edit the Announcement.
10. Resignation from the service. Posting an Announcement is possible at any time and consists in the termination of the service contract in accordance with the Regulations.
11. The Service Provider is entitled to block access to the User Account and free services in the event of the User acting to the detriment of the Service Provider, i.e. violating the law or the provisions of the Regulations by the User, and also when blocking access to the User Account and free services is justified by security reasons - in particular: breaking the security of the Website by the User. Blocking access to the User Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the User Account. The Service Provider notifies the User about blocking access to the User Account and free services by electronic means to the address provided by the User in the registration form.
§ 5 Principles of concluding Sales Agreements
1. The Website enables Users to conclude Sales Agreements with Sellers, the subject of which are the Goods presented in the Announcements.
2. The Service Provider is not a party to the Sales Agreements concluded between Users and Sellers, the subject of which are the Goods. The Service Provider provides only the technical possibility of presenting the Goods on the Website and acts as an intermediary in accordance with the Regulations between the User and the Seller in terms of payment.
3. At the time of concluding a sale contract via the Website between the Buyer and the Seller, the Buyer receives the Seller's registration data and all details of the Offer, including the features of the Goods being the subject of the order: gross price of the Goods, information on the form and cost of the Delivery, information on the method of payment and payment date, date of completion, taking into account the subject of the service and information on all additional payments that the User would have to incur in connection with the Sales Agreement. The message also informs the User that if he concludes a Sales Agreement via e-mail, this entails an obligation to pay.
4. After the Offer is accepted by the Buyer, the Service Provider shall send a confirmation of the conclusion of the Sales Agreement to the e-mail address of the Buyer and the Seller.
5. The buyer may choose the following payment methods:
a.bank transfer for the Seller to the Service Provider's bank account. The order will be processed when the funds are credited to the Service Provider's bank account. The Service Provider sends the Seller a confirmation of the conclusion of the Sales Agreement by e-mail. Then the Seller sends the purchased Goods to the Buyer.
b. payment in cash when the Goods are handed over to the Purchaser.
6. All forms of payment specified above are carried out through the Service Provider.
7. The Buyer should make the payment for the order in the amount resulting from the Sales Agreement concluded between the Buyer and the Seller within 5 working days.
§ 6 Rules for the sale of Goods
1. The Seller is obliged to pay to the Service Provider a commission in the amount agreed with the Service Provider each time in relation to a given Good, not exceeding 30% of the gross price of the Good, on the terms specified in the Regulations.
2. The Seller agrees to deducting by the Service Provider the commission from the amount constituting the gross price of the Goods which are the subject of the Sales Agreement concluded between the Buyer and the Seller in accordance with the Regulations.
3. The Service Provider sends the Seller an invoice covering the commission referred to in §6 section 2. The sharing invoice is in the form of an electronic file in PDF format.
§ 7 Complaints
1. The User may submit a complaint to the Service Provider in connection with the use of services provided electronically by the Service Provider. The complaint may be submitted in electronic form and sent to the Service Provider's e-mail address. In the complaint, the User should include a description of the problem. The Service Provider shall immediately, but not later than within 14 days, review the complaints and reply to the User's e-mail address provided in the complaint.
2. The Service Provider does not use out-of-court dispute resolution referred to in the Act dated 23 September 2016 on out-of-court resolution of consumer disputes.
§ 8 Withdrawal from the Agreement
1. A User who is a Consumer, who has concluded an agreement for the provision of electronic services, may withdraw from the agreement within 14 days without giving any reason.
2. The period for withdrawal begins from the date of the contract for the provision of electronic services.
3. In the event of withdrawal from the contract for the provision of electronic services it is considered not concluded.
§ 9 Responsibility of the Seller in terms of publishing the content provided by the Seller on the Website by the Service Provider
1. Information about the Goods offered by the Seller should be reliable, relate only to the Goods that are its subject, in accordance with the law, in particular contain information resulting from the applicable law on the protection of consumer rights and may not mislead the Buyers.
2. By sending content related to the Goods the Seller voluntarily accepts their dissemination. The posted content does not express the views of the Service Provider and should not be equated with its activities. The Service Provider is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
3. The Seller represents that:
a. is entitled to use proprietary copyrights, industrial property rights and / or related rights to works and items that make up the content;
b. placing and sharing, as part of the services referred to in §4 of the Regulations, personal data, image and information about third parties took place legally, voluntarily and with the consent of the persons to whom they relate;
c. agrees to access the published content by other Users and the Service Provider, as well as authorizes the Service Provider to use them free of charge in accordance with the provisions of these Regulations;
d. gives consent to compilations of works within the meaning of the Act on Copyright and Related Rights.
4. As part of using the services the Seller is forbidden to provide the Service Provider with content that could:
a. be published in bad faith, e.g. with an intention to infringe personal rights of third parties;
b. violate any rights of third parties, including rights related to the protection of copyrights and related rights, protection of industrial property rights, trade secrets or related to confidentiality obligations;
c. be offensive (e.g. by using profanity or expressions commonly considered offensive);
5. In the event of receiving a notification in accordance with §10 of the Regulations, the Service Provider reserves the right to modify or delete the content provided by the Seller.
6. The Seller grants the Service Provider a non-exclusive license, unlimited in time and territory, to use the content provided by the Seller, in particular the publication of content on the Website. The Seller grants the Service Provider the license referred to in the preceding sentence in the following fields of use:
a. in the field of recording and reproducing the content provided to the Service Provider, including the image of the Goods, using printing and digital technology;
b. in terms of trading in the Goods or copies (e.g. catalogue with the Goods advertised for sale on the Website);
c. in terms of disseminating the image of the Good, including public display, broadcasting in such a way that everyone can have access to it in a place and at a time chosen by them.
§ 10 Reporting violations of rights
1. In the event that the User, another person or entity considers that the content published on the Website violates their rights, personal rights, decency, principles of fair competition, know-how, secret protected by law, they may notify the Service Provider of a potential infringement.
2. The Service Provider notified of a potential violation takes immediate steps to remove the content that is the cause of the violation from the Website.
§ 11 Personal data protection
The rules for the protection of Personal Data are set out in the Privacy Policy.
§ 12 Termination of the contract for the provision of electronic services
1. Both the User and the Service Provider may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned agreement and the provisions below.
2. The User terminates the contract for the provision of electronic services by submitting an appropriate declaration of will, using any means of remote communication, enabling the Service Provider to read the User's declaration of will.
3. The Service Provider terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the User to the e-mail address provided by the User during Registration.
§ 13 Final provisions
1. The Service Provider is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Users who are Entrepreneurs, the Service Provider is liable only in the event of deliberate damage and within the limits of actual losses incurred by the User who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a data storage device or downloading at any time from the Website.
3. In the event of a dispute arising from the concluded contract for the provision of electronic services, the parties will endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Regulations is Polish law.
4. The Service Provider informs the User who is a Buyer about the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They may be consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the Office of Competition and Consumer Protection website at http://www.uokik.gov.pl/spory_konsumenckie.php.
The Service Provider informs that at the address http://ec.europa.eu/consumers/odr/ there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).
5. The Service Provider reserves the right to amend these Regulations. All contracts for the provision of electronic services concluded before the date of entry into force of the new Regulations are implemented on the basis of the Regulations that were in force on the date of conclusion of the contract for the provision of electronic services. The amendment to the Regulations comes into force within 7 days of publication on the Website. The Service Provider will inform the User 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. If the User does not accept the new content of the Regulations, he is obliged to notify the Service Provider of this fact, which results in the termination of the contract in accordance with the provisions of the Regulations.
6. Agreements with the Service Provider are concluded in Polish.
7. The Regulations come into force on June 5, 2023
