Terms & Conditions
TERMS OF THE ONLINE STORE OF THE FOUNDATION FOR VISUAL ARTS
(hereinafter referred to as the Terms)

I. GENERAL INFORMATION

The online store (hereinafter referred to as the Store) is run by the Foundation for Visual Arts, based in Krakow at 9 Ślusarska Street, registered in the District Court for Kraków – Śródmieście XI Commercial Division of the National Court Register under number KRS 68882 and with the Tax Identification Number (NIP) 679-27-37-586, email: office@photomonth.com (hereinafter referred to as the Foundation). A buyer in the Store can be a physical or legal person as well as an organizational unit without legal personality (hereinafter referred to as the Buyer).

II. WEBSITE USAGE

The Store has the functionalities required to create a user (hereinafter referred to as the User) account. You can use the account if you have access to the Internet and the hardware and software necessary to browse Internet resources, and if you have entered into an agreement for the provision of services by electronic means by registering your account, which includes selecting a User name and password. The agreement for the provision of services by electronic means is concluded for an indefinite term and may be terminated by the User at any time by deleting the account and by the Foundation at seven days’ notice by disabling the account.

The Buyer may allow and authorize the Foundation to send newsletter and other commercial information to an e-mail address indicated by the Buyer. Such authorization may be waived at any time.


III. ORDERING

The order (hereinafter referred to as the Order) shall be made by properly completing and sending the order form on the Store’s website. Placing an order is possible after viewing these Terms.

IV. ORDER FULFILLMENT

Upon receipt of the Order, the Store sends a record of the Order to the e-mail address specified by the Buyer, which includes information concerning the item(s) ordered, the sale price and shipping costs, as well instructions for the cancellation of the Order.

V. PICKUP IN PERSON

Ordered items can be picked up in person from the Foundation’s headquarters in Krakow at 9 Ślusarska Street after prior appointment. During collection, payment is accepted in cash only.

VI. SHIPPING AND PAYMENT

All ordered items are shipped by the Polish Postal Service or a private courier at a cost borne by the Buyer. Payment for the ordered items and shipping is possible in advance by payment to the bank account of the Foundation or via COD.

VII. DELIVERY TIME

The Foundation will send the ordered items within 5 working days of the date of Confirmation. In exceptional circumstances, shipping may take longer.

VIII. CLAIMS AND WARRANTY

The Store is obliged to deliver goods free of defects to the Buyer. Claims may be submitted by mail to the following address: Foundation for Visual Arts, Ślusarska 9, 30-710 Kraków, or by e-mail to: office@photomonth.com. Claims are accepted within 14 days. If the shipment is delivered to the Buyer in a damaged condition, the Store recommends refusal to accept the shipment and the preparation of a protocol describing the extent of the damage. Items sold by the Store are covered by a general warranty. The Store does not provide an additional warranty.

IX. CANCELLATION OF CONTRACT

As the consumer, the Buyer may cancel the contract within 14 days without giving any reason and at no cost, provided that if the consumer has chosen a shipping method other than the standard, least expensive delivery method offered by the Store, the Store is not obliged to refund the additional incurred costs to the consumer. The contract cancellation period begins as soon as the item(s) have been received by the customer or by a designated third party other than the carrier. The statement of cancellation shall be provided in writing to the Foundation for Visual Arts, Ślusarska 9, 30-710 Kraków, or by e-mail to: office@photomonth.com. The binding date for meeting the deadline for cancellation is that on which the Buyer sends the statement.

X. PRIVACY POLICY

The Buyer authorizes the Foundation for Visual Arts, based in Krakow at 9 Ślusarska Street, registered in the District Court for Kraków – Śródmieście XI Commercial Division of the National Court Register under number KRS 68882 and with the Tax Identification Number (NIP) 679-27-37-586, email: office@photomonth.com, to process personal data for the purpose of taking and fulfilling Orders, which entitles the Foundation to transfer the personal data of the Buyer to a third party for shipment and delivery. All personal data is processed with the agreement of the Buyer pursuant to the Act on the Protection of Personal Data of 29 August 1997 (OJ C No. 133, item 883). In accordance with art. 24, clause 1, item 4 of the Act on the Protection of Personal Data, the disclosure of personal data is voluntary. The Buyer’s data shall only be used for the implementation of the Order. The Buyer shall have the right to access, correct and request to cease processing his or her personal information.

The Buyer may authorize the Foundation to process the Buyer’s personal data for the purposes of sending newsletters and other commercial information.

The data controller of personal data processed in the Store is the Foundation for Visual Arts, based in Krakow at 9 Ślusarska Street, registered in the District Court for Kraków – Śródmieście XI Commercial Division of the National Court Register under number KRS 68882 and with the Tax Identification Number (NIP) 679-27-37-586, email: office@photomonth.com.

Personal data of Buyers are processed with their consent for the purposes of using the Store, handling Orders and providing information on the Foundation’s products and services.

XI. FINAL PROVISIONS

Any disputes related to Agreements between the Foundation and Buyersconsumers shall be settled by common courts or the Permanent Consumer Arbitration Court operated by the Provincial Inspector of Trade Inspection in Warsaw. In the case of orders placed by Buyers who are not consumers in matters not covered by the Terms, the provisions of Polish law shall apply and disputes shall be settled exclusively by the court that has jurisdiction over the seat of the Foundation, and the Buyer loses the right to withdraw from the contract. These Terms shall not prejudice the standards of protecting the rights of consumers and shall be understood as such.

INFORMATION ON EXERCISING THE RIGHT TO CANCELLATION OF THE CONTRACT
The right to cancellation of the contract

You have the right to cancel this contract within 14 days without giving any reason. The deadline to cancel the contract will expire 14 days after the date on which the item(s) are received by you or when a designated third party other than the carrier comes into possession of the item(s). To exercise the right to cancellation, you must inform the Foundation for Visual Arts, based in Krakow at 9 Ślusarska Street, registered in the District Court for Kraków – Śródmieście XI Commercial Division of the National Court Register under number KRS 68882 and with the Tax Identification Number (NIP) 679-27-37-586, email: office@photomonth.com, about your decision to withdraw from this contract with an unequivocal statement (for example, a statement sent by mail or e-mail). You may use the sample cancellation form, but this is not mandatory. The binding date for the purposes of meeting the cancellation deadline is that on which you send the information on your decision to exercise the right of withdrawal from the contract.

Consequences of the cancellation of the contract

In the case of the termination of this contract, the Foundation shall reimburse all payments received, including the cost of shipment of the items(s) (with the exception of additional costs resulting from the choice of a shipping method other than the standard, least expensive delivery method offered), without delay and in any event no later than 14 days from the date on which it was informed about your decision to exercise the right of withdrawal from this contract. Reimbursement payments will be made using the same payment method that you used for the original transaction, unless expressly agreed otherwise; in any case, you will not incur any fees in connection with this return. We may withhold reimbursement until the receipt of the item(s) or until you have supplied evidence of their return, depending on whichever event occurs first. Please send back or return the item(s) without delay, and in any event not later than 14 days from the date on which you communicated your desire to withdraw from this contract. The deadline is met if you return the item within 14 days. You are only responsible for a decrease in the value of the item(s) as a result of using it in a manner different from that necessary to establish the nature, characteristics and functioning of the item(s).

SAMPLE CANCELLATION FORM

(This form must be completed and returned only if you wish to cancel the contract)

Fundacja Sztuk Wizualnych
Ślusarska 9
30-710 Kraków
office@photomonth.com

I/We(*) hereby inform about my/our(*) withdrawal from the contract of purchase of the following items(*) contract for the delivery of the following items(*) work contract consisting of providing the following items(*)/provision of the following services(*)
Date of agreement(*)/receipt(*)
Name of consumer(s)
Address consumer(s)
Signature of consumer(s) (only if this form is sent in paper form)
Date
(*) delete as appropriate