Terms-and-conditions of purchasing from the online store

TERMS-AND-CONDITIONS OF PURCHASING FROM THE ONLINE STORE of the
Museum of Modern Art in Warsaw
/in force effective April 1, 2021/

§ 1. General provisions

1. These present Terms-and-Conditions determine the conditions and rules of placing orders and making purchases at the online address sklep.artmuseum.pl, from the online store of the Museum of Modern Art in Warsaw (hereinafter, the ‘Store’); in particular:

conditions and rules of placing orders at the Store electronically;
rules of entering into sale agreements with use of the services rendered within the Store;
complaint/product claim and withdrawal-from-contract procedures.

2. The entity responsible for the running of the Store is the Museum of Modern Art in Warsaw, with its registered office in Warsaw, at 3 Pańska Street (postcode: 00-124), entered in the Register of Cultural Institutions kept by the Minister of Culture, National Heritage and Sports, under number RIK 58/2005, Business Identification No. [REGON]: 140187435, Tax Identification No. [NIP]: 525-234-18-32 (hereinafter, the ‘Seller’).
3. The Store’s customer may be a natural person, a legal person, or organisational unit whom the Polish Civil Code has granted with the legal capacity (hereinafter, the ‘Customer’).
4. A Customer being a natural person making at the Store a purchase in the area other than directly related to his/her business or professional activity is a ‘Consumer’. Wherever these Terms-and-Conditions mention a ‘Client’, this shall extend to a ‘Customer’ as well.

§ 2. The Store: general

1. The Seller carries out, via the Store, retail sale of the products featured on the Store website.
2. The offer of the Store is territorially limited. The Customer purchasing within the Republic of Poland ought to make it certain whether the product being bought is legal and admitted to trading in his/her country.
3. The information on the products available as part of the Store’s range forms an invitation to conclude an agreement/contract within the meaning of Article 71 of the Polish Civil Code.
4. Correct use of the Store is possible under the condition that the communication-and-information system used by the Customer meets the relevant technical conditions. It is recommended that the most recent Google Chrome, Mozilla Firefox, or Opera browsers be used. The Seller bears no responsibility for the operation of the browsers or internet providers whatsoever.
5. The Customer shall be obliged to use the Store in a manner compliant with the laws and regulations commonly binding within Republic of Poland, these present Terms-and-Conditions, and the general rules of use of the internet. Provision of illegal content, such as violence propagation, defamatory, or infringing personal rights or interests or any other third-party rights, shall be forbidden. The Customer shall moreover be obligated to refrain from any activity that might adversely affect the proper functioning of the Store, including, in particular, any intervening in the content or any technical element of the Store. It shall moreover be forbidden to make use of the Store for any purpose contrary to its actual intended use, including proliferation of spam email, pursuance of any commercial, advertising, or promotional actions on the Store’s website.

§ 3. Purchase procedure

1. An order shall be placed by correct filling-out of the form available on the Store’s website.
2. In order to place an order, the following steps need being taken:

log in to the Store or use the possibility to place an order without registering;
choose the product to be ordered and subsequently click the ‘Add to Cart’ (or equivalent) button;
select the type of delivery (among the options offered for the product concerned);
for orders with delivery: insert the recipient details and the address of delivery, plus specify the telephone number for contact on the receipt; if an InPost automated package locker is to be selected, the address of the specific locker should be given;
insert invoice details, if other than the order receipt details (if Customer is to have a VAT invoice issued);
select the form of payment;
click the ‘Order & Pay’ button.

3. As a confirmation of receipt of the order by the Seller, the Customer shall receive an electronic confirmation of the receipt of the order for processing. Any possible doubts ought to be clarified electronically, via the email address: sklep@artmuseum.pl. Upon the placement of the order (by clicking the ‘Order & Pay’ button), a sale agreement for the products having been ordered shall be entered into between the Customer and the Seller.

§ 4. Payments

1. Payments related to orders should be made to the Seller’s bank account, via the PayU service.
3. On placing the order, the Customer should select one of the available payment options, i.e.:

PayU system;
BLIK;
pay-card details.

3. All the prices specified in the Store are in Polish zloty, being gross prices inclusive of VAT. The price specified for the given product shall become binding to the Customer upon the placement of the order. The prices are net of delivery cost.

§ 5. Dispatch and receipt of order

1. The order shall be processed within two (2) business days, meaning Monday to Friday, except for bank holidays within the Republic of Poland, as from the date of booking on the Seller’s account of the payment of the order price, the cost of delivery included. This timeframe is exclusive of the time necessary for the delivery to be completed.
2. The order shall be dispatched via the InPost courier service. On the approval of the order, the Customer shall select the form of payment and method of dispatch. The cost of shipment shall be added to the order amount.
3. On the receipt of the consignment, the Customer may check the completeness of its content. In the event that a mechanical damage or incomplete content has been detected, it is recommendable that a shipping damage report be drawn up, in presence of the courier, the occurrence to be reported by email to: sklep@artmuseum.pl. Such a report, once made and sent, shall accelerate and facilitate the processing of the claim related to the damage caused during transport.
4. The Seller shall spare no effort to render the products displayed in the Store available within order processing timeframe. In the event that any of the products on offer proves to be unavailable at a given moment, the Seller shall forthwith notify the Customer of the subsequent availability date. In such a case, the Customer may withdraw from the agreement, in whole or in part, at his/her discretion.

§ 6. Complaint handling

1. The Seller hereby represents that the Products on offer are free of physical and legal shortcomings or defects, and shall be liable in this respect for warranty for physical/legal defects under the relevant provisions of the Polish Civil Code.
2. Complaints ought to be sent to the Seller’s email address, at: sklep@artmuseum.pl, with the note reading: ‘Online Store––Complaint’.
3. The complaint should contain a specification enabling to identify the Customer, object of complaint, and the related demands. Annex no. 3 hereto provides a specimen of the complaint report.
4. Should an incomplete complaint have been received, the Seller shall call for complementing it, under the pain of leaving the complaint unrecognised. The Seller shall be obliged to consider the complaint within fourteen (14) days of its receipt.

§ 7. Specific provisions on Consumers

1. The Consumer who has entered with the Seller into an agreement on a remote basis shall have the right to withdraw from the agreement, without giving the reason, within fourteen (14) days of coming into possession of the things purchased.
2. The Consumer may withdraw from the agreement by submitting to the Seller a declaration of withdrawal. Such declaration can be made using the form whose specimen forms Annex no. 2 hereto, and sending a scanned copy, after filling in, to the email address: sklep@artmuseum.pl, or snail-mail address: ‘Muzeum Sztuki Nowoczesnej w Warszawie, ul. Pańska 3, 00-124 Warszawa [Warsaw, Poland]’. To observe the final date, it shall suffice that the declaration be sent prior to its expiry. The Seller is obligated to forthwith send to the Consumer, to the email address provided by the latter, an acknowledgement of receipt of the agreement withdrawal declaration submitted in the manner specified in the first of the foregoing sentences. Should the withdrawal have been submitted using the form and the cash-register receipt appended, no additional return report shall be required.
3. The right to withdraw from remote agreement shall not be vested in the Consumer if:

the object of performance are things that after delivery, owing to their nature, have become inseparably connected with other things;
the object of performance are sound or visual recordings, or computer programmes supplied in sealed packaging, if the latter has been opened after delivery;
the object of the agreement is magazines, journals or periodicals, save for subscription agreements.

4. If the agreement is withdrawn from, the Consumer shall be obligated to return the purchased commodity to the address: ‘Muzeum Sztuki Nowoczesnej w Warszawie, ul. Pańska 3, 00-124 Warszawa [Warsaw, Poland]’. The Consumer is obligated to return the commodity immediately, not later than within fourteen (14) days of the agreement withdrawal date. The cost of return consignment, being the direct cost of return of the things, shall be charged to the Consumer.
5. The commodity being returned by the Consumer should be equipped with the original tag, bear no trace of use, and be packed or wrapped appropriately, in a manner preventing the package from getting damaged when in transport. The Consumer shall be held responsible for diminished value of the commodity resulting from its use in a manner beyond what is necessary to determine the commodity’s character, feature, and functioning.
6. The Seller shall confirm, by email, the received return of commodity. The Seller shall reimburse the paid amount immediately and, in any case, by not later than within fourteen (14) days of the day as of which the Seller receives the agreement withdrawal declaration.

§ 8. Personal data protection

1. The personal data is administered by the Museum of Modern Art in Warsaw, ul. Pańska 3, 00-124 Warszawa [Warsaw, Poland]. The administrator is contactable at the email address: iod@artmusuem.pl or by ‘snail’ mail, at the registered office address specified above. The administrator has appointed an inspector for the protection of personal data––namely, Ms. Agnieszka Kosela.
2. The data is only meant to be processed for purposes related to the processing of the commodity sale agreement, including the handling of the placed order, issuance of the financial document, complaint handling, and financial reporting.
3. The legal basis of personal data processing is taking the necessary action for the entering into and performance of sale agreements, in line with Article 6, clause 1(b) of the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection regulation [hereinafter referred to as ‘GDPR’]).
4. The personal data may only be rendered available to the persons by whose intermediation the Seller processes the order (parcel services), in the adequate scope.
5. The collected data may be shared with the entities processing personal data on commission on the Seller, including, inter alia, entities handling information technology systems related to the operation of the Store and financial reporting, any such entity to process the data pursuant to the agreement with the Seller and exclusively in line with the Seller’s orders.
6. The personal data shall be stored during the life of the agreement as well as afterwards, in order to assert and pursue claims related to the performance thereof, fulfilment of the duties based on the applicable laws and regulations, tax/fiscal and accounting ones in particular, prevention of abuse and fraud, and for archiving purposes, for not longer than seven (7) years of the conclusion of performance of the agreement, unless the separate regulations specify otherwise.
7. Every person shall have the right to access the data and receive a copy thereof, demand that data be rectified, or its processing restricted.
8. Every person shall furthermore have the right to transfer personal data, receive from the Seller personal data in a commonly applied electronic format, transferable, if need be, to another administrator.
9. In order to enjoy the above rights, the first step is to contact the Seller.
10. The right shall be vested in every person to file a complaint to the President of the Personal Data Protection Office.
11. Whilst giving the data is voluntary, it shall be indispensable for placing and processing the order.

§ 9. Final provisions

1. The agreements entered into and concluded by intermediation of the Store shall be executed under the laws of Poland and in the Polish language.
2. With respect to any matters regarding Consumers, if not regulated hereunder, the Polish Civil Code and the [Polish] Consumer Rights Act shall apply.
3.These present Terms-and-Conditions are available at the registered office of the Seller as well as at the Web address: sklep.artmuseum.pl. The Customer may access the Terms-and-Conditions at any moment by downloading the same, in the .pdf format, from the sklep.artmuseum.pl website, tab ‘Terms-and-Conditions of e-Sales’. The Customer may print the Terms-and-Conditions out for his/her own use.
4. Any dispute having occurred between the Seller and the Customer shall be submitted to the courts having jurisdiction over the registered office of the Seller, with the proviso that the competent court with respect to the Consumer is the court determined in line with the Polish Code of Civil Procedure.
5. The Consumer may take advantage of out-of-court procedures for consideration of complaints and pursuance/vindication of claims. Among other options, the Consumer may:

refer the case to the Permanent Consumer Arbitration Court, requesting for resolution of the dispute having occurred based on the Sale Agreement executed;
use the assistance of the county [powiat] (municipal) Consumer Advocate or a social organisation whose statutory tasks include consumer protection;
make use of the ODR platform available at: http://ec.europa.eu/consumers/odr, which is designed to resolve disputes between consumers and entrepreneurs striving to resolve, on an out-of-court basis, disputes related to contractual obligations under online sales/service contracts or agreements.

- The Consumer may, moreover, seek information on out-of-court complaint handing and claim pursuance methods at the website: http://www.uokik.gov.pl.

6. The Seller may alter or modify the Terms-and-Conditions at any time. Orders accepted for processing shall be subject to the Terms-and-Conditions in their wording as at the order placement date.
7. Terms-and-Conditions is an integral part of the sales agreement between the Purchaser and the Seller.

Annex no. 1 – INSTRUCTION
ENJOYMENT OF THE RIGHT TO WITHDRAW FROM THE AGREEMENT

You can withdraw from this present Agreement within fourteen (14) days without giving a reason.
The withdrawal date expires upon the lapse of fourteen (14) calendar days of the commodity receipt date.
In order to enjoy the right to withdraw from the Agreement, it is necessary that you notify the Seller of your decision by way of express declaration (memo sent by mail to the Seller’s address or by email to: sklep@artmuseum.pl).
You may take the option to use yourself of the withdrawal form.
In order to observe the withdrawal date, it shall suffice that you send the information regarding the exercise of your vested right to withdraw from the Agreement prior to the lapse of the date referred to hereinabove.
In the event that this Agreement is withdrawn from, you shall be reimbursed the payments made for the purchased commodity immediately and, in any case, not later than within fourteen (14) days of our notification of your decision to exercise the right to withdraw from this Agreement.
You are hereby requested to send the commodity to us immediately and, in any case, within fourteen (14) days of your notification of the withdrawal. The time-limit shall be observed should you have sent the commodity back prior to the lapse of the fourteen- (14-)day period.
The direct cost related to the return of the commodity in question shall be borne by you.

Annex no. 2 – AGREEMENT WITHDRAWAL FORM

City/locality, date:

First name, surname:
Residential address:

MUSEUM of MODERN ART
in WARSAW
ul. Pańska 3
00-124 Warszawa [Warsaw, Poland]

Declaration of withdrawal from a remotely concluded agreement

I hereby declare that I have withdrawn from the Agreement (insert cash-register receipt/invoice, briefly describe the subject of Agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . purchased on [date:] . . . . . . . . . . . . . . ., received on [date:] ………………………………….

Please reimburse the amount of PLN . . . . . . . . . (amount stated in words: . . . . . . . . . . . . . . . . . . . . . . . . . . . )
to account no. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

……………………………………….
Consumer’s signature:

Appendices:
cash-register receipt

Annex no. 3 – COMPLAINT FORM

City/locality, date:
To:
(name and address of Entrepreneur’s registered office, in full)

First name, surname:
Consumer address:
No. of order

Commodity complaint

This is to notify that the commodity I purchased on [date:] ………… has proved to be deficient. The defect is [describe:] ………………………………………………………………………………………………… The defect was detected on [date:] ………………………. Therefore, pursuant to the Act of 23 April 1964 – the Polish Civil Code, I hereby demand that:
the commodity be replaced with a new one* (Art. 561, Para. 1);
the commodity’s price be reduced by PLN ……… (say: …………………………………………). Please reimburse the amount to the account no. …………………………………………/postal order to my mailing address* (Art. 560, Para. 1);
I have withdrawn from the Agreement, so please reimburse the commodity price amout to the account no. ………….* (Art. 560, Para. 1).

Yours faithfully,

* Delete if inapplicable.