The Regulations have been drawn up and made available to customers in Polish and English, however in case of any discrapancies between the two versions or doubts regarding interpretation of meaning of particular provisions of the Regulations, Polish version shall be decisive.
The online shop operating at www.andrzejbertrandt.com is run by PRYZMAT Katarzyna i Wojciech Sp.j. seated in Warsaw, Jana Ostroroga 18c, 01-163 Warsaw, Poland, registered by the District Court of the city of Warsaw, 13th Business Division of the National Court Register under KRS no. 0000098652, registered as VAT payer under NIP no 848-10-00-123, hereinafter called PRYZMAT.
The Shop sells works by Andrzej Bertrandt via internet.
The sale venue is in Warsaw in Jana Ostroroga 18c.
Shop – online shop operating at www.andrzejbertrandt.com selling works by Andrzej Bertrandt via internet;
Works – paintings, drawings, replicas and reproductions produced by the author by way of digital printing;
Dni robocze – wszystkie dni tygodnia od poniedziałku do piątku, z wyłączeniem dni ustawowo wolnych od pracy;
Business days – all days Monday through Friday, excluding bank holidays;
Order completion time – period of time when the shop finalizes the order and submits it for dispatch in the mode selected by the Customer;
Customer – a natural or legal person making a purchase in the Shop;
Consumer – a natural person performing a legal act (concluding a sales agreement with the shop) not directly related with any business or professional activity;
Bank transfer – payment effected by a Customer via a bank account (on-line or regular account) or at a post office;
e-transfer – payment effected by a customer from an on-line bank account, via Platnosci.pl system owned by PayU S.A. or other on-line payment facilities;
Call and collect point of www.andrzejbertrandt.com (Call and Collect Point) – located in Warsaw in Jana Ostroroga 18c. Here you can collect your order from the Shop. It is open 9.30-20.30.
1. All orders accepted through www.andrzejbertrandt.com are delivered according to the rules specified herein and pursuant to the following legal regulations:
a. Civil Code
b. Act on the Protection of Selected Consumer Rights and on the Liability for Damages Caused by a Hazardous Product,
c. Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code,
d. Act on Electronic Service Provision.
2. Placing an order in the online Shop shall be understood as an approval hereof.
3. Customers may place orders via internet using the form available from the website.
4. The shop is open 24/7 (24 hours a day, 7 days a week). Orders placed after 5 pm shall be processed from 9 am of the following business day.
5. When placing an order a Customer concludes an agreement for the purchase of artworks.
6. In the order it is necessary to define at least the following items:
a. selected works;
b. type of delivery and delivery address;
c. payment method.
7. A VAT invoice is prepared to each order.
8. Each order is confirmed to the e-mail address provided by the Customer in the order form. The confirmation includes a unique order ID number which is necessary to be given at receipt of the ordered work (in case the order is collected at the Call & Collect Point).
9. Information on the offer is available at www.andrzejbertrandt.com.
10. The Shop is an agent of works by Andrzej Bertrandt.
11. Payments between the Customer and the Artist related with the orders and processing of complaints are settled through the Shop.
12. Prices displayed at www.andrzejbertrandt.com include VAT and are expressed in PLN
13. Prices displayed at www.andrzejbertrandt.com are binding at the time of order.
14. Information on the type and cost of delivery are displayed in the description of each order.
The cost of each delivery includes: packaging cost, dispatch cost and insurance.
15. The Shop has the right to change the price of offered works, introduce new works to the offer, conduct and cancel sales campaigns on the Shop websites or make any other changes. This right does not impact the prices of works ordered before the change of price, sales campaign or sales becomes effective.
16. The Shop facilitates the following payment methods:
a. in person – in cash or by card when collecting the order in the Call & Collect Point (option available only for selected works);
b. e-transfer – processing of the order starts when the Shop receives a confirmation of correct settlement;
c. bank transfer – processing of the order starts when the Shop receives a confirmation of correct settlement;
d. credit card – processing of the order starts when the Shop receives a confirmation of correct settlement.
Order delivery time
17. Order completion time is up to 30 business days. In the case of some works the order delivery time is defined individually and is displayed next to a given work. Individual delivery times are superior to the regular delivery times.
18. Order completion time is the time from the start of processing of an order until the dispatch by postal or courier service or until the delivery to the Call & Collect Point. Please note it is counted in business days.
19. Collection mode is defined by a Customer in the order form.
20. In the case of selected works the Shop has the right to exclude some modes of delivery or payment.
21. The Shop delivers ordered works to the location indicated by the Customer by postal or courier service. Delivery times stipulated in the regulations of the service providers shall be binding.
22. To collect an order at the Call & Collect Point it is necessary to submit the order ID number. The Call & Collect Point is open 9.30 – 20.30.
Withdrawal from agreement
23. A Customer has the right to withdraw from the agreement and not to state any reason for this withdrawal by submitting a statement in writing within 10 (ten) days from the order placement.
24. The right to withdraw from the agreement is not granted in cases stipulated in article 10 section 3 of the Act dated 2 March 2000 (Journal of Laws dated 31 March 2000) on the Protection of Selected Consumer Rights and on the Liability for Damages Caused by a Hazardous Product:
a) provision of services initiated, upon Customer’s approval, before the expiry of the agreement withdrawal time (in the case of service provision, not in the case of sale of goods);
b) audio and visual recordings and information saved on e-carriers after the original packaging has been removed;
c) agreements on services whose price depends solely on the trend in the financial market;
d) services with features defined by a Customer in the placed order or services directly related to a Customer;
e) services which given their nature cannot be returned or which are damaged in a short period of time;
f) delivery of press;
g) gambling services.
25. Each order in the Shop is covered by warranty.
26. Customers are entitled to file a complaint when:
a. the received work is not aligned with the order;
b. the received work is damaged during delivery.
27. In the case of courier or postal parcel, if the packaging is damaged it is necessary to make a written damage statement in the presence of the the courier or postman and not to accept the delivery. Receipt of the parcel shall mean lack of complaints as to the delivery.
28. In the case of personal collection in the Call & Collect Point it is required to verify the content against the order. Accepting the work shall mean lack of complaints as to the delivery.
29. If a dispatched package is lost during delivery and is not delivered to the Customer within 21 days from the dispatch then the Shop will dispatch the order once again at their cost.
30. In the case of justified complaints, the Shop shall deliver the order once again or shall return the amount paid by the Customer within 7 days from the notification of positive decision on the complaint.
31. In the case of justified complaints, the Customer shall be returned the cost of dispatch of the work against which the complaint was filed.
32. In the case of unjustified complaints, the work is dispatched to the Customer at their cost.
33. A complaint shall be made in writing and sent to: PRYZMAT Katarzyna i Wojciech Puza Sp.j, Jana Ostroroga 18c, 01-651 Warszawa
NOTE! You should state the order ID number!
34. It is required to return the work together with the complaint. You should attach the purchase invoice with the note ‘complaint’ and reason for complaint.
The shop does not accept any parcels sent back with payment on delivery.
35. Complaints are processed within 14 business days from the receipt of the returned work.
36. A Consumer is entitled to file a complaint due to identified defects pursuant to the Act dated 27 July 2002 on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws 2002 no 141, item 1176 as amended).
In the case of other Customers (non Consumers) relevant regulations of the Civil Code shall apply.
Storage of works
37. A Customer shall collect the ordered works within 2 months from the order completion date. When this time limit expires the Shop is not obliged to store the ordered works any longer.
Limitation of liability
38. The Shop is not liable against any third parties for any direct and indirect damages or side-effects resulting from the usage of www.andrzejbertrandt.com.
39. Customers shall follow the regulations of the Act dated 4 February 1994 on the Copyright and Related Rights (Journal of Laws no 24, item 83 as amended).
40. The sale of a work shall not transfer the copyright onto a Customer.
Processing of personal data
41. When placing an order in the Shop you accept that your personal data will be processed during order completion to contact you, and that you will receive information on changes in the online Shop as well as other marketing information.
42. Personal data of a Customer and a permission to process it is required to complete the placed order. The Customer shall be held liable for providing false personal data.
43. The Shop shall protect personal data pursuant to the Act on the Protection of Personal Data dated 29 August 1997. In line therewith, Customers of www.andrzejbertrandt.com are entitled to review and amend their personal data.
44. The Shop will make every effort to ensure effective protection of privacy of Customers, nevertheless shall not be held liable for incidents related to intentional interference by third parties.
45. The sale agreement is concluded between a Customer and PRYZMAT company. Material provisions of the agreement are secured and communicated by way of printing and submitting them to the Customer together with the VAT invoice.
46. The works presented on the Shop websites are not an offer under the Civil Code.
47. The court of factual and local jurisdiction is the competent court to adjudicate on litigations referring to the sale agreement.
48. In cases not regulated herein, the provisions of the Civil Code and provisions of the Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code , the Act on the Protection of Selected Consumer Rights and on the Liability for Damages Caused by a Hazardous Product and the Act on Copyright and Related Rights.
49. The Customer agrees that territorial jurisdiction over all the disputes which directly or indirectly are related to the E – Shop shall belong to Polish courts.
These Terms and Conditions shall become effective on 17 June 2013.
The Terms and Conditions are published on the Shop website and can be provided to a Customer free of charge (by e-mail) upon request.
The Shop reserves the right to amend the Byelaws.
All amendments to the Byelaws shall come into force within period of time denoted by the Shop, not shorter than 30 days from the date of posting them on the www.andrzejbertrandt.com site.
All orders placed before the date of amendments to the present Byelaws shall be executed based on the terms being in force on the date of order.