The Terms and Conditions were last updated on August 18, 2024
1. Overview
Welcome to our website. The following terms govern your use and purchase of products or services from us. Be aware that your interactions with us might be subject to additional agreements that, in case of conflict, will take precedence over these terms.
2. Acceptance of Terms
By engaging with us, purchasing from us, or simply using our site, you consent to adhere to these stipulated terms and accept the Privacy Policy and Cookies Policy. Continuing to use the site means that you understand and agree to these terms. In some cases, your explicit consent may be required.
3. Digital Communication Consent
Interacting with us or using our site implies your consent for receiving communications from us electronically, including emails and notices on our website, fulfilling any legal requirements for written communication.
Of course, we will only contact you in certain circumstances (including product purchases, and newsletter), a detailed list of which can be found later in this document.
4. Ownership of Intellectual Property
The copyright and intellectual property rights throughout the website and its contents are owned by us, our licensors, or others. You are granted permission to share links to our products, store, or product images on social media or via email, under the condition that the images are not modified in any way and are accompanied by a link to our store. Except as expressly permitted by mandatory law or as explicitly stated otherwise, you are prohibited from modifying, distributing, or commercially exploiting any materials from this site without our prior written consent.
We respect and uphold the intellectual property rights of everyone. We conduct thorough checks to ensure that our designs do not infringe upon any existing intellectual property rights, both during the design preparation process and at least once annually. We take every measure to ensure that our designs remain original and compliant with intellectual property laws. However, if you believe and can substantiate that any of our designs infringe on your or anyone else’s intellectual property rights, please submit a report to us. Upon verification, we will remove the design within 48 hours (on business days).
4.1 Reservation of Rights
While you are allowed to share links to our products, store, or unmodified product images, as specified in point 4, it is strictly prohibited to alter, modify, or upscale (including increasing resolution) any content, including graphics, obtained from our website. All rights not expressly granted to you under these terms are reserved by us. This includes but is not limited to, the prohibition against using, copying, reproducing, performing, displaying, distributing, embedding into any electronic or physical medium, altering, reverse engineering, decompiling, transferring, downloading, transmitting, monetizing, selling, marketing, or commercializing any resources from this website without our explicit prior written permission, except to the extent allowed by mandatory laws (such as the right to quote).
5. Newsletter
By providing your email address, you agree to receive communications from us regarding our services, products, and notices about your account. This may include newsletters, special offers, updates, and promotional materials that may be (but are not necessarily) relevant to your interests and preferences.
You may share our newsletter in electronic form with interested parties.
6. Interaction with Third-party Properties
Our website may feature links to external sites, including but not limited to, commercial partners, vendors, payment systems, and social media platforms. These are provided for your convenience and further information. Here’s a deeper dive into our stance and guidelines on third-party interactions:
Content Beyond Our Control: We do not have oversight over the content, policies, or practices of third-party websites linked from our site. The inclusion of any link does not imply endorsement, sponsorship, or approval of that website’s content, nor does it imply any association with its operators.
Due Diligence Recommended: We encourage you to be aware when you leave our site and to read the terms and conditions and privacy policy of any other website that you visit. It is your responsibility to evaluate the security and trustworthiness of any other site connected to or accessed through this site yourself, before disclosing any personal information to them.
No Responsibility for External Transactions: Any transactions, communications, or interactions you have with third parties found through our website are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party links on our website.
User-generated Content: Our site may include user-generated content that provides links to third-party sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any third parties.
Risk Awareness: Engaging with third-party sites is done at your own risk. We advise users to approach external content with caution and to use good judgment and discretion when interacting with external sites and services.
Feedback and Reporting: Should you encounter any issues or concerns with the links we provide or wish to report a site we link to, please contact us. We aim to ensure that our website remains a safe and reliable source for our users, but we appreciate your cooperation and assistance in monitoring the external content we reference.
7. Responsible use
By accessing our website, you commit to utilizing it solely for its intended purposes, consistent with these terms, any additional agreements with us, and all applicable laws, regulations, online practices, and industry standards. This encompasses, but is not limited to, the following stipulations:
Prohibited Activities: You are prohibited from using our website to disseminate, upload, transmit, or publish content that is unlawful, threatening, defamatory, obscene, indecent, inflammatory, or capable of inciting violence or hatred. Furthermore, you must not introduce malware, spyware, viruses, or any other malicious software that could compromise the functionality, integrity, or security of our website or others’ computers.
Interference with Website Operations: Any action that causes, or may cause, undue strain or damage to the website or impairs the user experience for others, including denial of service attacks (DoS and DDoS) or interference with the operational performance of the website, is strictly prohibited.
8. Return and Refund policy
Our commitment is to ensure your satisfaction with the products you purchase from us. Below you’ll find the terms that apply to returns and refunds.
8.1 Right of withdrawal
You are entitled to return your purchase within 14 days without the need to provide a reason, except where the product has been personalized (e.g., includes a personal dedication, products at the customer’s request, including products framed on customer’s request—both frames available on this website, as well as those made to order). Personalized items, according to the law, are exempt from return due to their custom nature.
Return Period: The period for returns expires 14 days after the day you, or a third party indicated by you other than the carrier, take physical possession of the goods (i.e., when the goods are delivered).
Initiating a Return: To exercise your right to return, inform us through a clear statement (preferably via email) of your decision to return the item. You can find our contact information below. You may use the provided model return form. This is optional but facilitates the process.
Deadline Compliance: To adhere to the return deadline, you must send your communication regarding your decision to return before the 14-day period concludes. Attempts to return after this period will not be legally effective.
Upon receipt of your return notice, we’ll send an acknowledgment within 3 working days via email, also confirming whether the product is eligible for return (i.e., whether it was not personalized; if it was, it can not be returned according to law), and providing the necessary details to make a return.
8.2 Effects of returning
Upon a valid return from this contract:
Return of Goods (Deadlines): You must send back or hand over the goods without undue delay, and in any event, not later than 14 days from the day on which we confirmed the possibility of returning the goods after you informed us of your decision to return from this contract. Compliance with the return deadline is considered met if you send back the goods before the 14-day period expires. If the goods are not returned within this timeframe after confirming eligibility for return, the return will be deemed invalid, and the costs will not be refunded. Goods returned after the deadline will be sent back at the expense of the person returning them after a transport fee has been paid. If this is not done within the next 30 days, the goods will be disposed of, and the costs will not be refunded.
- Refunds: We will refund all payments received from you, including delivery costs (except for the additional costs arising from your choice of a delivery method other than our least expensive standard delivery option), without undue delay, no later than 14 days from the day we receive the returned goods from you (there are exceptions described in other subsections of section 8.2). The refund will be processed using the same method of payment that you used for the initial transaction unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of the refund.
Return Costs: You will have to bear the direct cost of returning the goods (packing and shipping costs).
Liability for Diminished Value: You are only liable for any diminished value of the goods resulting from handling them in a way that goes beyond what is necessary to establish their nature, characteristics, and functioning.
Inspection of Returns: We conduct inspections of returned goods under camera surveillance. If the returned goods are found to be damaged, we will notify you, as such damage may affect their value.
Please be aware that certain legal exceptions to the right to return exist, and as such, some items may not be eligible for return or exchange. We will inform you if your case falls under these exceptions.
9. Idea Submission Policy
We welcome and value your feedback, ideas, and innovations. However, to avoid potential misunderstandings or disputes regarding the ownership of intellectual property, we ask that you adhere to the following guidelines when submitting any ideas, inventions, works of authorship, or other materials that you consider your intellectual property:
Pre-Submission Agreement: Before submitting any material that you consider your own intellectual property and wish to present to us, we require that a written agreement be in place regarding the intellectual property or a non-disclosure agreement. This is to ensure clear terms regarding the use, distribution, and ownership of intellectual property are established from the outset.
Unsolicited Submissions (including electronic contact): If you submit your ideas or materials to us without a prior written agreement, you do so with the understanding that you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, modify, publish, translate, and distribute your content in any existing or future media, including for commercial purposes. This means we can freely use your ideas or materials without compensation or acknowledgment, in line with the broadest possible scope allowed under the law.
Feedback and Suggestions: While we treasure your feedback and suggestions on our services and products, please understand that we may have already been working on similar ideas or that they may be under development. As such, please provide feedback or suggestions with the understanding that we may use them without obligation to compensate you, and any developments (products and services) we make based on such feedback will remain the exclusive property of our company.
10. Termination of Store
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, access to our website, any features or parts thereof, or any services or products offered, at any time and for any reason, without notice to you. These changes may include modifications to the products or services available through our website. By using our website, you acknowledge and agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the company, website, its features, its products, or its services. Below are further details on our rights and your responsibilities:
Modifications to Services and Products: We are continuously evolving our website, services, and products to better meet the needs of our users. This means we may add, remove, suspend, or discontinue specific features, services, or products at any time without prior notice.
User Notification: While we aim to provide timely updates regarding major changes to our services or products, we are under no obligation to do so. We encourage users to regularly review our website.
Termination of Access: We may terminate or suspend your access to all or part of the website, its services, and products, without prior notice, for any behavior that we, in our sole discretion, consider to be in violation of these Terms and Conditions, or for conduct that we believe to be harmful to our business, other users, or third-party partners.
User Responsibilities Upon Termination: Upon termination, you must cease all use of the website and its services and destroy any materials downloaded or otherwise obtained from the site, as well as all copies of such materials, whether made under the terms of these Terms and Conditions or otherwise, except for purchased physical products.
Survival of Terms: Termination of your access to the website does not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to us or any third party.
No Entitlement to Services: You acknowledge that your use of the website does not entitle you to the continued provision of any specific service or feature. We reserve the right to change or cease offering any service at our sole discretion.
Impact on Users: We understand that changes and terminations can impact our users. We strive to minimize any negative effects on our users but cannot guarantee the continuation of any specific service or feature.
11. Warranties and Limitation of Liability
Our website, store, and all its contents are offered to you “as is” and “as available,” acknowledging that inaccuracies, errors, or errors in typing may occur. We explicitly renounce all forms of warranties, be they stated or implied, concerning the completeness, accuracy, or reliability of the website’s content. Specifically, we do not guarantee:
The suitability of our website or our offerings to fulfill your specific needs,
That access to our website will be uninterrupted, timely, secure, or free from errors,
That the quality of any products or services acquired by you through our website will align with your expectations.
Please understand that our website does not aim to provide legal, financial, or medical advice. Should you need professional guidance, we recommend consulting with a qualified expert.
The limitations and exclusions of liability outlined in this section will be enforced to the fullest extent permissible under applicable law, ensuring we do not limit or exclude our liability for aspects legally required of us. We shall not be liable for any form of direct or indirect damages, including but not limited to, financial losses, data corruption, or damage to property or data, that you or any third party may suffer as a result of using our website.
Unless explicitly stated otherwise in any additional contracts, our total liability to you for all damages related to the website or any products and services offered therein, regardless of the legal theory of liability, will be limited to the amount you have paid us for such products or services. This cap on liability applies collectively to all your claims, actions, and causes of action.
12. Privacy
During the use of our services, accessing our website, or throughout the order placement process, we may request personal information as part of registration and purchasing. It is crucial that the information you provide is accurate and up-to-date for operational effectiveness.
We will do everything in our power to protect your privacy. We ensure the confidentiality and security of your personal data in accordance with the following principles:
Order-Related Communication: Our primary reason for contacting you will be to manage and inform you about your order’s progression, from confirmation to delivery.
Newsletter Subscription: By opting into our newsletter, you agree to receive emails regarding offers, updates, and promotional materials (we are trying to tailor them to your interests, but we do not guarantee this). This subscription is voluntary, and without it, our communication will be strictly limited to essential order-related information.
Legal Purposes Communication: There may be instances where we need to contact you for legal reasons. This could include responding to legal processes, addressing compliance issues, or other matters where necessary to protect our rights or comply with legal obligations.
Sharing Information with Delivery Partners: To fulfill your orders, sharing specific personal details with third-party delivery services is indispensable.
- Sharing information with partners responsible for payments: To process orders, it is necessary to provide certain personal data to employees or partners responsible for handling payments.
Sharing Information with Employees, Partners, or Subcontractors: For order processing, it is necessary to provide certain personal data to employees, partners, or subcontractors responsible for preparing, producing, printing, packaging, and shipping the order, as well as to those managing our accounting. Additionally, we may share information with partners responsible for handling product returns. Our partners/subcontractors may also share this information with their subcontractors as needed to fulfill their responsibilities.
For analytical and statistical purposes based on the legally justified interest of the Administrator, which involves verifying the activities and preferences of Users for the optimization of services and products and the functionalities of the Service used, with the help of the Google Analytics tool (if you wish, you can block tracking by using the appropriate tools, e.g., https://tools.google.com/dlpage/gaoptout).
We have developed a detailed Privacy Policy that outlines how we collect, use, and protect your information. In Cookie Policy we described our cookie usage. We invite you to consult our Privacy Policy and Cookie Policy for a comprehensive understanding of our privacy practices and how we commit to protecting your data.
13. Compliance with Export Regulations and Legal Restrictions
The use of this website and the acquisition of our products or services are subject to all applicable legal and regulatory restrictions. Our policy restricts the exportation of our products beyond the boundaries of the European Union (EU), in adherence to the export laws and regulations governing both Poland and the EU at large. Currently, we do not export our products outside the European Union (EU).
Should you be interested in distributing our products outside the EU, we welcome you to reach out to us for the establishment of a formal agreement tailored to such purposes.
14. Restrictions on Transferability
The rights and obligations granted to you by these Terms and Conditions, Privacy Policy, and Cookie Policy are personal. As such, you are not permitted to assign, delegate, or otherwise transfer any of your rights or obligations, either in full or in part, to any third party without first obtaining our explicit written approval. Attempts to assign without such consent will be considered invalid and without any legal effect.
Additionally, by purchasing our products, we do not transfer any copyright rights to you.
15. Responding to Violations
In the event of a violation of these Terms and Conditions, we reserve the right, without limiting our other remedies, to take any actions we find necessary and appropriate to address the violation. This could include, among others, temporarily or permanently revoking your access to the site, seeking the assistance of your internet service provider to restrict your access, and initiating legal proceedings against you to protect our interests.
16. Obligation to Indemnify
By agreeing to these Terms and Conditions, you commit to indemnify and hold us, as well as our affiliates and partners, harmless against any claims, damages, liabilities, losses, and expenses that arise from your breach of these Terms and Conditions or any applicable laws (including intellectual property). You are also responsible for covering any costs, including legal fees, we incur in addressing these issues.
17. Clause of Non-Waiver
Not taking action to enforce any part of these Terms and Conditions or any related agreements, or choosing not to exercise the right to terminate the agreement, should not be interpreted as a waiver of those terms. Such inaction will not result in the loss of validity of these Terms and Conditions, any agreements, or any of their components, nor will it affect our right to enforce every provision at any later time.
18. Language Provision
Should there be any uncertainty or disputes, the interpretation and construction of these Terms and Conditions shall be conducted solely in Polish. Accordingly, all formal notices and communications should be conducted in Polish. The original document in Polish is accessible [here].
This stipulation does not extend to standard returns of goods occurring within the legally specified return period. Such returns will be processed in the official language relevant to your location of purchase, with English used for clarification or in instances of ambiguity.
The above applies to both this document and the Privacy Policy as well as the Cookies Policy.
19. Comprehensive Agreement
The entire agreement between you and Art Studio Sławomir Paszko concerning your use of this website, and purchase of products or services is contained in these Terms and Conditions, as well as in the Privacy Policy and Cookie Policy. These documents collectively represent the full scope of our agreement.
20. Modifications to Terms and Conditions, Privacy Policy, and Cookies Policy
We reserve the right to periodically amend or update these Terms and Conditions, Privacy Policy, and Cookies Policy. You have a responsibility to review these documents regularly to stay informed of any changes. The “last updated” date at the top of this document indicates the most recent revision. Any amendments will take effect immediately upon being published on this website. By continuing to use the website after we post any modifications, you are agreeing to follow and be bound by the documents as updated.
21. Governing Law and Legal Disputes
The laws of Poland will govern the interpretation and enforcement of these Terms and Conditions, Privacy Policy, and Cookies Policy. Should any dispute arise concerning these terms, it will be resolved in the Polish courts, and deliberations will be conducted in the Polish language. In the event that a court or competent authority finds any section of these documents to be unlawful or unenforceable, that section will be adjusted or removed to the extent necessary, ensuring that the remaining terms remain in full effect and reflect the original intent as closely as possible.
22. Contact Details
Ownership and management of this website are under Art Studio Slawomir Paszko.
For inquiries or concerns related to these Terms and Conditions, please reach out to us via our contact form.