TERMS & CONDITIONS

The owner of the online store operating at marcinwagnerart.pl is: Marcin Jerzy Wagner – Contemporary Polish Painter , who sells as part of an unregistered activity in accordance with Article 5 of the Entrepreneurs' Law. Contact address: 54-106 Wrocław, Poland, Al. Śliwowa 42/7, E-mail: kontakt@marcinwagnerart.pl, Phone: +48 600 033 076

I. GENERAL PROVISIONS

  1. The Terms and Conditions define the rules of using the Online Store, placing orders, concluding sales contracts, delivery, payment, withdrawal from the contract, complaints, as well as the rights and obligations of Customers and the Seller.
  2. The Terms and Conditions are available on the store's website in a way that allows you to sign up.
  3. Using the store and placing an order means acceptance of these terms and conditions.
  4. Purchases may only be made by persons providing real identification information.
  5. The Terms and Conditions are addressed to both consumers and entrepreneurs, unless otherwise stated.
  6. Product information does not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract.
  7. Prices listed on the store website are expressed in Polish zloty and include VAT.
  8. The customer is obliged not to send illegal content.

DEFINITIONS OF TERMS

  1. Registration Form – a form for creating an account in the store.
  2. Password – a sequence of characters set by the Client.
  3. Customer – a natural or legal person making purchases.
  4. Civil Code – Act of 23 April 1964
  5. Consumer – a natural person making a purchase unrelated to business activity.
  6. User Account – individual customer account.
  7. Login – client's email address.
  8. Payment Operator Autopay SA with its registered office in Sopot, ul. Powstańców Warszawy 6, 81-718 Sopot, entered into the National Court Register under the number 0000320590, Tax Identification Number (NIP): 5851351185. The Operator is responsible for the execution of electronic payments.
  9. Payment – ​​payment for the ordered goods.
  10. Privacy and Cookies Policy – ​​a document regulating data processing.
  11. Product/Object – a product offered in the Store, in particular a painting, an original work of art, an artistic work or another artistic product.
  12. Entrepreneur with consumer rights – a natural person running a business but making a purchase privately.
  13. Entrepreneur – an entity conducting business activity.
  14. Regulations – this document.
  15. GDPR – EU Regulation 2016/679
  16. Seller – Marcin Jerzy Wagner, conducting sales via the website marcinwagnerart.pl as part of an unregistered activity.
  17. Sales Agreement – ​​a contract for the sale of Goods concluded between the Seller and the Customer via the Store or electronically.
  18. Consumer Rights Act – Act of 30 May 2014
  19. Copyright Act – Act of 4 February 1994.
  20. Act on the provision of services by electronic means – Act of 18 July 2002
  21. Order – a declaration of will by the Customer specifying the Goods, their quantity and the data necessary to complete the purchase, aiming directly at concluding the Sales Agreement.

TECHNICAL REQUIREMENTS

  1. Access to the Internet and a web browser.
  2. Active email address.
  3. The Seller makes every effort to ensure that the use of the Store is carried out correctly and safely.
  4. The Seller is not responsible for any temporary difficulties in using the Store resulting from technical, maintenance or other reasons beyond the Seller's control.

INFORMATION ABOUT GOODS AND WORKS OF ART

  1. The items offered in the Store are works of art, in particular paintings and original artistic works.
  2. The Goods offered are the property of the Seller or are sold by the Seller as a person authorized to sell them.
  3. The Seller declares that the Items offered in the Store are original and do not infringe the rights of third parties, in particular copyrights.
  4. Objects offered in the Store may have individual features resulting from the nature of the work of art, the technique of production, the materials used, the texture, the colors or the passage of time.
  5. The Seller undertakes to inform Customers about the essential features of the Objects, in particular the dimensions, manufacturing technique, state of preservation and other information relevant to the purchase.
  6. Images of Goods posted in the Store are for illustrative purposes only. Due to the individual nature of artwork, user screen settings, lighting during photography, and the surface structure of the image, the actual appearance of the Goods may differ slightly from those presented in the images, particularly in terms of color, contrast, or surface texture.
  7. The dimensions of the images may vary within a small technical tolerance due to hand-made workmanship or measurement methods. 
  8. The information on the Store's website does not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract. 
  9. The Seller reserves the right to remove the Item from the offer in the event of its unavailability, damage, error in the description, technical error or reasonable suspicion of infringement of third party rights.

PLACING AND COMPLETING AN ORDER

  1. The condition for placing an Order is to read these Regulations and accept their provisions.
  2. Orders can be placed via the store website by adding products to the cart or by email to: kontakt@marcinwagnerart.pl
  3. To place an Order, it is not necessary to register an account in the Store.
  4. The Customer is obliged to correctly complete the order form and provide true and complete data necessary to complete the order, including contact and address details.
  5. In the event of providing incorrect or incomplete data that prevents the execution of the Order, the Seller shall not be liable for any resulting delays or inability to execute the Order.
  6. The customer completes the data and selects the form of delivery and payment.
  7. Acceptance of the regulations is required.
  8. Confirmation of acceptance of the Order by the Seller is equivalent to the conclusion of the Sales Agreement. 
  9. The Seller reserves the right to refuse to process the Order in the event of:
    • the Client provides false or incomplete data, 
    • failure to pay within the required time limit, 
    • unavailability of the Goods, 
    • damage to the Goods before shipment, 
    • a technical error or an obvious error in the description or price of the Goods 
    • violation by the Customer of the provisions of the Regulations. 
  10. If the Order cannot be fulfilled, the Seller will immediately inform the Customer electronically and, if the payment has already been made, will refund the funds received.

PRICES AND PAYMENT METHODS

  1. All prices quoted in the Store are in Polish zloty (PLN).
  2. The Seller conducts sales as part of an unregistered activity, to the extent permitted by applicable law.
  3. The prices of Goods do not include delivery costs, unless otherwise expressly stated for a given Good.
  4. Delivery costs are always indicated to the Customer before placing the Order or agreed individually with the Customer, particularly in the case of paintings with larger dimensions, non-standard formats or international shipping.
  5. Available payment methods may include: Fast online payments, traditional bank transfer or cash on delivery.
  6. Completing a transaction may require acceptance of the payment operator's terms and conditions.
  7. At the Customer's request, the Seller issues an invoice in accordance with applicable law; please submit this request in the order notes.

Available payment methods:

Quick transfer, Transfer, Blik, Payment cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro

The entity providing online payment services is Autopay SA

Blik banki 1000x51 bank

DELIVERY AND ORDER PROCESSING

  1. Delivery of Goods is carried out within Poland. Delivery to selected European Union countries is possible after prior arrangement with the customer.
  2. The Order completion date is indicated in the description of the Goods or agreed individually with the Customer before concluding the Sales Agreement. 
  3. In the case of hand-made paintings, personalized Products or Goods requiring special preparation for shipment, the delivery time may be longer. 
  4. The delivery time by the selected carrier is added to the Order processing time. 
  5. Orders are delivered via courier companies, postal operators or other carriers indicated by the Seller. 
  6. The Seller undertakes to appropriately secure the Goods for the duration of transport. 
  7. The risk of accidental loss or damage to the Goods passes to the Customer upon delivery of the Goods to the Customer, subject to mandatory provisions of law relating to Consumers. 
  8. If the Order cannot be fulfilled for reasons beyond the Seller's control, in particular due to the unavailability of the Goods, damage to the work before shipment or random events, the Seller will immediately inform the Customer and - if the payment has already been made - will refund all funds received. 
  9. The Seller shall not be liable for delays resulting solely from the actions of the carrier, provided that the Goods were released for transport on time.

VIII. MADE-TO-ORDER PRODUCTS

  1. The Seller may offer personalized Products, manufactured according to the Customer's individual guidelines. 
  2. In particular, the following are considered a Personalised Product:
    • a painting made to individual order, 
    • a painting based on a photo sent by the client, 
    • the image is made according to the indicated dimensions, 
    • a painting made according to a specific color scheme or theme, 
    • product with dedication, 
    • a product containing individual changes agreed with the Client. 
  3. The deadline for completing a personalized product is agreed individually with the Client. 
  4. In the case of personalized Products, the Customer is obliged to provide the Seller with all information and materials necessary to fulfill the Order. 
  5. The Seller may refuse to produce a Personalized Product if the materials or guidelines provided by the Customer violate the law, good customs, third party rights or the nature of the Seller's artistic work. 
  6. The right to complain about a personalized Product that does not comply with the contract remains in force in accordance with applicable law.

RIGHT OF WITHDRAWAL AND RETURNS

  1. The Consumer has the right to withdraw from the Sales Agreement concluded at a distance within 14 days from the date of receipt of the Goods, without giving any reason, subject to the exceptions provided for in these Regulations and applicable law. 
  2. To exercise the right of withdrawal, the Customer should send the Seller an unequivocal statement:
    • electronically via the return form available on the website or the return button available in the customer account (if created), or,
    • by e-mail to the following address: kontakt@marcinwagnerart.pl, or, 
    • by post to the following address: 54-106 Wrocław, Polska, ul. Al. Śliwowa 42/7. 
  3. The Customer is obliged to return the Goods immediately, no later than 14 days from the date of submitting the declaration of withdrawal from the contract. 
  4. The deadline is met if the Goods are sent back before its expiry. 
  5. Returned Goods should be appropriately secured for transport. 
  6. The Customer is liable for any reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and properties of the Goods.
  7. The cost of returning the Goods shall be borne by the Customer, unless applicable law provides otherwise. 
  8. The Seller will refund to the Customer all payments received, including the costs of delivery of the Goods to the Customer, with the exception of additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller. 
  9. The payment will be refunded no later than within 14 days from the date of receipt by the Seller of the declaration of withdrawal from the contract 
  10. The Seller may withhold reimbursement until the Goods are received back or the Customer provides proof of having sent them back, whichever occurs first. 
  11. The right to withdraw from the contract does not apply to Goods made according to the Customer's individual specifications or intended to meet his or her individual needs, in particular images made to order, personalized images, images created based on a photo, products with a dedication or products containing individual changes. 
  12. Slight differences between the appearance of the Goods in the photo and their actual appearance, resulting from monitor settings, lighting, photographic technique or the individual character of a hand-made work of art, do not constitute grounds for withdrawal from the contract due to a defect of the Goods, provided that the Goods are consistent with the description and have no defects not disclosed in the offer.

COMPLAINTS

  1. The Seller is liable to the Customer for the compliance of the Goods with the Sales Agreement in accordance with applicable law. 
  2. Complaints can be submitted:
    • by e-mail to the following address: kontakt@marcinwagnerart.pl, albo 
    • by post to the following address: 54-106 Wrocław, Polska, ul. Al. Śliwowa 42/7. 
  3. The complaint should include:
    • Client's name and surname, 
    • contact details, 
    • Order number, 
    • description of the problem, 
    • Customer's request, 
    • photos documenting the problem, if they may help in resolving the complaint. 
  4. The Seller will consider the complaint within 14 days of its receipt. 
  5. Failure by the Seller to respond to the complaint within 14 days shall mean that the complaint has been accepted to the extent provided for by applicable law. 
  6. If the complaint is accepted, the Seller will take action in accordance with applicable regulations, in particular it may repair or replace the Goods, reduce the price or refund the funds, if this is justified by the nature of the defect and the Customer's request. 
  7. The complaint does not cover the features of the Goods about which the Customer was informed before concluding the Sales Agreement, in particular the natural features of the work of art, traces of the passage of time, paint structure, texture, surface irregularities, individual features of hand-made workmanship or other properties indicated in the description of the Goods.

COPYRIGHT

  1. All images, graphics, photographs, descriptions, designs and other materials available in the Store are subject to legal protection, in particular under copyright law. 
  2. The purchase of the Goods does not imply a transfer of the copyright to the work to the Customer, unless the parties conclude a separate written agreement in this respect. 
  3. The Customer acquires ownership of a copy of the Goods, but does not acquire the right to copy, reproduce, distribute, publish, modify or commercially use them. 
  4. It is prohibited to use images, photographs, descriptions and other content published in the Store without the prior written consent of the Seller, except as permitted by applicable law. 
  5. The owner of the photographs posted in the Store is the Seller, unless a given photograph clearly states otherwise. 
  6. The use of the image of the Goods for commercial, advertising, publishing, promotional or reproduction purposes requires the prior written consent of the Seller.

MATERIALS SUBMITTED BY THE CUSTOMER

  1. By sending the Seller photos, graphics, texts or other materials needed to create a personalized Product, the Customer declares that he or she has the right to use them. 
  2. The Client declares that the materials sent do not infringe the rights of third parties, in particular copyrights, personal rights, image rights or other rights protected by law. 
  3. The Seller uses the materials sent by the Customer solely for the purpose of fulfilling the Order, unless the Customer expressly consents to other use. 
  4. The Seller may refuse to process the Order if there is a reasonable suspicion that the materials sent violate the law, the rights of third parties or good customs. 
  5. The Customer is responsible for the content and materials provided to the Seller to the extent that they infringe the rights of third parties.

PERSONAL DATA PROTECTION AND COOKIES

  1. The Seller is the controller of personal data provided by the Buyer when using the Store. Detailed information regarding the processing of personal data by the Seller – including other purposes and basis for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR."
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is: the sales contract or actions taken at the Buyer's request to conclude it (Article 6, paragraph 1, letter b of the GDPR), the Seller's legal obligation related to accounting (Article 6, paragraph 1, letter c), and the Seller's legitimate interest in processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6, paragraph 1, letter f of the GDPR).
  3. Data is processed in accordance with the GDPR and Privacy Policy.
  4. The data is necessary to fulfill orders.
  5. Details of data processing are available in the Privacy Policy.

OUT-OF-COURT DISPUTE RESOLUTION METHODS

  1. The consumer has the option of using out-of-court complaint and redress procedures. 
  2. Information on out-of-court methods of resolving consumer disputes is available on the website of the Office of Competition and Consumer Protection. 
  3. The Seller declares its willingness to resolve disputes with Customers amicably.

FINAL PROVISIONS

  1. In matters not regulated by these Regulations, the provisions of Polish law shall apply, in particular:
  2. The Seller reserves the right to change the Regulations for important legal, organizational or technical reasons. 
  3. Changes to the Regulations do not violate the rights acquired by Customers before the date the changes enter into force. 
  4. Customers will be informed about any changes to the Regulations by publishing a new version of the Regulations on the website marcinwagnerart.pl
  5. All content, photographs, descriptions and materials published in the Store are subject to legal protection and may not be copied, distributed or used without the prior written consent of the Seller, except in cases provided for by applicable law. 
  6. The Seller exercises due diligence to ensure that the information published in the Store is up-to-date and consistent with the facts, but is not responsible for temporary technical errors, interruptions in the operation of the Store or other disruptions resulting from reasons beyond the Seller's control. 
  7. The Regulations come into force on 10.06.2026 r. and remain in force until amended or revoked.