TERMS AND CONDITIONS OF THE SAVCHENKO GALLERY ONLINE STORE

TERMS AND CONDITIONS OF THE SAVCHENKO GALLERY ONLINE STORE

1. Information about the Company

  1. The online store operating at:
    www.savchenkogallery.com
    (hereinafter: the “Store” or “Savchenko Gallery”)
    is operated by:
    Fundacja Savchenko
    with its registered office in Gdańsk,
    al. Grunwaldzka 5, 80-236 Gdańsk, Poland,
    entered into the register of associations, other social and professional organisations, foundations and independent public healthcare institutions, and into the register of entrepreneurs,
    kept by the District Court in Gdańsk,
    under KRS (National Court Register) number: 0000862233,
    NIP (Tax ID): 9571130516,
    REGON: 388046777.
    Contact details:

    • tel.: +48 737 794 711, +48 790 300 517
    • e-mail (Store): info@savchenkogallery.com
    • e-mail (Foundation): info@savchenkofoundation.com
  2. Fundacja Savchenko sells original works of art, limited editions and related art products, including through the Savchenko Gallery online store.

2. Personal Data Protection

  1. The controller of customers’ personal data is Fundacja Savchenko, with its registered office in Gdańsk, al. Grunwaldzka 5, 80-236 Gdańsk, Poland.
  2. Personal data provided by the Customer during account registration, when placing an order or contacting the Store are processed in particular for the following purposes:
    • execution of orders, payments, deliveries and returns,
    • customer service,
    • fulfilment of accounting and tax obligations,
    • handling complaints,
    • own marketing of services and products (including sending newsletters – where consent has been given).
  3. Detailed information on the rules of personal data processing, Customers’ rights and the use of cookies is provided in the Privacy and Cookies Policy, available on the Store’s website.
  4. The Customer has, in particular, the right to:
    • access their data,
    • rectify or complete them,
    • request erasure or restriction of processing,
    • data portability,
    • object to processing,
    • withdraw consent (where processing is based on consent).
  5. Personal data are stored and secured in accordance with applicable legal regulations.

3. Prices

  1. All product prices shown in the Store on www.savchenkogallery.com are expressed in Polish zloty (PLN), unless stated otherwise.
  2. Prices include VAT, where applicable under binding legal regulations.
  3. The Store reserves the right to change product prices, introduce new products, run and cancel promotional campaigns, and modify them. Such changes do not affect orders placed before the changes came into force.
  4. In the event of obvious pricing errors (e.g. 0.00 PLN, or a clearly incorrect, unrealistically low price), Savchenko Gallery reserves the right to cancel the order after first informing the Customer and refunding any payments made.

4. Orders

  1. The Store enables Customers to:
    • place orders (purchase offers) for products available in the Store and conclude distance sales contracts,
    • obtain information about products and services offered in the Store.
  2. Information about products (including catalogues, descriptions, photographs, informational or promotional materials) presented on the Store’s website do not constitute an offer within the meaning of the Civil Code; they are an invitation to conclude a contract.
  3. Orders can be placed via the Store’s website 24 hours a day, 7 days a week.
  4. Placing an order by the Customer constitutes an offer to conclude a sales contract for the products covered by the order.
  5. After placing an order, the Customer receives an automatic e-mail confirming that the order has been received. This message does not yet constitute acceptance of the offer.
  6. The sales contract is concluded once the Store sends the Customer an e-mail confirming acceptance of the order for processing / assigning the status “shipped” or an equivalent message.
  7. The Store may refuse to process or cancel an order in particular if:
    • the product is unavailable,
    • a pricing error has occurred,
    • payment has not been successfully completed,
    • the order raises justified doubts as to the correctness of the data.
      In such a case, all payments already received will be promptly refunded to the Customer.
  8. Orders are processed in the order in which they are received.

5. Delivery

  1. Products ordered in the Store are delivered via the available carriers (courier companies / postal services / other logistics operators) indicated at the order stage.
  2. For each product, the Store may show an indicative delivery / processing time. This information is an estimate only and does not constitute a guarantee of delivery on a specific date.
  3. The total time for the Customer to receive the shipment consists of:
    • order processing time (preparation, packaging, handing over to the carrier),
    • delivery time, depending on the selected method of shipment.
  4. Unless otherwise agreed, Savchenko Gallery will dispatch the goods no later than 30 days from the date of conclusion of the contract.
  5. An invoice (including, where applicable, a VAT margin invoice) may be sent to the Customer electronically to the e-mail address provided when placing the order, no later than 14 days from the date of delivery of the goods. If the document has not been received, the Customer should report this so that the missing document can be provided.
  6. Upon receipt of the shipment, the Customer should carefully check the condition of the packaging and its contents. In the event of any damage or missing items, it is recommended to draw up a damage report with the carrier and take photographic documentation.

6. Payment Methods

  1. Payment for products may be made by the Customer as follows:
    before the goods are dispatched (prepayment):

    • by bank transfer to the bank account of Fundacja Savchenko (details provided on the Store’s website or in the order confirmation e-mail),
    • by payment card / credit card,
    • via available online payment systems (external payment operators),
  2. upon receipt of the goods (if such option is available):
    • cash on delivery (COD), to the carrier’s representative.
  3. Fundacja Savchenko may agree with the Customer on other, specific payment terms and methods; in such a case the terms indicated in the accepted order shall apply.
  4. For bank transfer or card / online payments, the Customer should pay the price within the deadline indicated in the payment instruction. Lack of payment within this time limit may result in order cancellation.

7. Returns by Consumers (Right of Withdrawal)

  1. A Consumer who concluded a distance contract has the right to withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs specified in the Polish Consumer Rights Act of 30 May 2014.
  2. The withdrawal period expires 14 days after the date on which the Consumer or a third party other than the carrier and indicated by the Consumer acquired physical possession of the goods.
  3. To exercise the right of withdrawal, the Consumer must send a clear statement of withdrawal (for example, by post or e-mail) to:
    Savchenko Gallery (Fundacja Savchenko)
    al. Grunwaldzka 5
    80-236 Gdańsk, Poland
    e-mail: info@savchenkogallery.com
    The Consumer may use the model withdrawal form provided by the Store, but this is not obligatory.
  4. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement of withdrawal before the withdrawal period has expired.
  5. The Consumer should send back the goods without undue delay and in any event not later than 14 days from the day on which they informed the Store of the decision to withdraw from the contract. The deadline is met if the goods are sent back before the 14-day period has expired.
  6. The cost of returning the goods is borne by the Consumer. Savchenko Gallery does not refund any extra delivery costs incurred by the Consumer, i.e. other than the least expensive type of standard delivery offered by the Store.
  7. The Store may withhold the reimbursement of payments until it has received the goods back or until the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
  8. The Consumer is liable for any diminished value of the goods resulting from their handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
  9. The right of withdrawal does not apply in the cases listed in Article 38 of the Polish Consumer Rights Act, in particular in relation to contracts:
    • for the provision of services, after the service has been fully performed with the Consumer’s prior express consent,
    • where the subject of the contract is a non-prefabricated item, made to the Consumer’s specifications or clearly personalized (e.g. commissioned artwork, personalized works, framing made to order),
    • where the subject of the contract is an item supplied in sealed packaging which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery,
    • for the supply of digital content not supplied on a tangible medium, if the performance has begun with the Consumer’s prior express consent and with the acknowledgement that they thereby lose their right of withdrawal.

8. Quality Guarantee and Statutory Warranty

  1. The products sold (original artworks, prints, limited editions and others) are created individually by artists using various techniques and materials. Minor differences, traces of handwork, surface structures or natural ageing of materials do not constitute defects of the goods.
  2. For certain products, certificates of authenticity may be provided (where applicable).
  3. Fundacja Savchenko is liable to the Consumer for the non-conformity of the goods with the contract on the terms set out in applicable law (in particular the Polish Civil Code and the Consumer Rights Act).
  4. In the case of sales to entities that are not Consumers, liability under the statutory warranty may be limited or excluded to the extent permitted by law.
  5. If an additional guarantee (e.g. from a manufacturer or artist) is granted for a given product, its terms are set out in a separate guarantee document supplied with the goods or in the product description.

9. Complaints Procedure

  1. If the purchased goods are not in conformity with the contract or display defects, the Customer has the right to lodge a complaint.
  2. A complaint should be submitted:
    • by e-mail to: info@savchenkogallery.com (recommended subject: “Complaint – [order number]”),
    • or by post to:
      Savchenko Gallery (Fundacja Savchenko)
      al. Grunwaldzka 5
      80-236 Gdańsk, Poland
  3. It is helpful to provide: name and surname, contact details, order number, description of the defect and to attach photographs documenting the issue.
  4. If it is necessary to return the complained goods, the Store will inform the Customer about the return address and the recommended method of packaging and, where appropriate, insuring the shipment.
  5. If the complaint is justified, reasonable costs of returning the goods (the least expensive standard shipping method) may be refunded to the Customer.
  6. Savchenko Gallery will examine the complaint within 14 calendar days from the date of its receipt. The Customer will be informed of the outcome of the complaint by the chosen communication method (e-mail / letter).
  7. If the complaint is accepted, the Store may, in accordance with applicable law:
    • bring the goods into conformity with the contract by repair or replacement,
    • reduce the price,
    • in justified cases – accept withdrawal from the contract and refund the price.

10. Use of the Store and Cookies

  1. Use of the Store is possible provided that the Customer’s IT system meets the following minimum technical requirements: a current web browser with JavaScript and cookies enabled, internet access and an active e-mail account.
  2. It is forbidden to place any unlawful, offensive or morally inappropriate content or content infringing third-party rights on the Store’s website.
  3. The Store uses cookies and similar technologies, among other things, to ensure the proper functioning of the cart, personalize content and perform analytics. Detailed information is provided in the Privacy and Cookies Policy.

11. Final Provisions

  1. In contacts with the Customer Savchenko Gallery may use remote communication means (e-mail, telephone).
  2. Savchenko Gallery may entrust the performance of certain services (e.g. delivery, payment processing, hosting) to third parties as subcontractors, remaining responsible for their actions within the scope of applicable law.
  3. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular:
    • the Civil Code,
    • the Consumer Rights Act of 30 May 2014,
    • and other applicable provisions of Polish and EU law.
  4. Consumers have the possibility of using out-of-court complaint and redress mechanisms. Information on these procedures is available, among others, on the websites of the Office of Competition and Consumer Protection and on the European Commission’s ODR platform.
  5. The current content of these Terms and Conditions is available on the Store’s website. Amendments to the Terms and Conditions apply to orders placed after the date on which they enter into force.

INFORMATION ON THE RIGHT OF WITHDRAWAL

MODEL INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us:

Savchenko Gallery (Fundacja Savchenko)
al. Grunwaldzka 5
80-236 Gdańsk, Poland
e-mail: info@savchenkogallery.com

of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail).

You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

If you have received the goods in connection with the contract:

  • Please send back or hand over the goods to:
    Savchenko Gallery (Fundacja Savchenko)
    al. Grunwaldzka 5
    80-236 Gdańsk, Poland
    without undue delay and in any event not later than 14 days from the day on which you informed us of your decision to withdraw from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
  • You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the contract)

To:
Savchenko Gallery (Fundacja Savchenko)
al. Grunwaldzka 5
80-236 Gdańsk, Poland
e-mail: info@savchenkogallery.com

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods () / for the supply of the following goods () / for the provision of the following service ():

………………………………………………………………………

Ordered on () / received on ():
………………………………………………………………………

Name of consumer(s):
………………………………………………………………………

Address of consumer(s):
………………………………………………………………………

Signature of consumer(s) (only if this form is notified on paper):
………………………………………………………………………

Date:
………………………………………………………………………

(*) Delete as appropriate.