GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE (RULES)

I. Preamble

  1. This document defines the terms and conditions for accessing and using the website. These terms and conditions are referred to as the ‘General Terms and Conditions’.
  2. By using the website, each User agrees to read, comply with and accept the General Terms and Conditions without limitation or reservation.
  3. If you do not agree to all the General Terms and Conditions, you must stop using the website immediately.
  4. All trade names, company names and logos displayed on this website are the property of their respective Owners and are used for identification purposes only. They may be protected by trademarks.
  5. Unauthorised use of the website’s content, works or information, as well as unauthorised reproduction, retransmission or other use of any element of the website, is prohibited. Such actions may infringe copyright or protected trademarks, among other things.
  6. Questions or comments regarding the website can be sent to the following email address: weber@webergallery.eu

II. DEFINITIONS

  1. CONTACT FORM: a questionnaire on the website that enables you to send an immediate message to the website Owner.
  2. REGISTRATION FORM – a questionnaire available on the website enabling registration and creation of an Account on the website.
  3. ACCOUNT – a collection of resources on the website, marked with an individual username or login and password, in which the User’s data is stored.
  4. NEWSLETTER: an electronic service that allows Users to order free information about the website from the Owner, which will be sent to the specified email address or phone number.
  5. APPLICABLE LAW – for the purposes of implementing the General Terms and Conditions, Polish law shall apply.
  6. WEBSITE – a tool called webergallery.eu, used to provide electronic services.
  7. USER – a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, using the electronic services available on the website.
  8. TERMS AND CONDITIONS – a set of all regulations, including these General Terms and Conditions, privacy policy, cookies policy, online store terms of use, and any other terms and conditions available on the website that apply to specific functions, features, or promotions, as well as customer service;
  9. OWNER – The entity providing this website is: Mrs. Joanna Weber, residing at: ul. Tulipanowa 10, PL-72-003, Dobra, Poland, e-mail: weber@webergallery.eu
  10. SEARCH ENGINE – a free Electronic Service made available to Service Users by the Service Provider, enabling the search for specific advertisements or content based on criteria specified by the Service User (using filters).

III. SCOPE OF TERMS AND CONDITIONS

  1. The Owner provides access to the website’s content in accordance with the following General Terms and Conditions.
  2. Access to content relating to art exhibitions offered on the website is subject to a fee, unless the organiser decides otherwise.
  3. Access to the Kids Zone and Art Magazine content on the website is free of charge.
  4. Minors may publish images and content on the website in the Kids Zone tab only with the consent of their legal guardian. The legal guardian of the minor shall notify the website Owner of their intention to publish on the website by sending an email to: weber@webergallery.eu
  5. The content and data published on this website are intended for interested parties and are for informational purposes only.
  6. The Owner has the right to publish advertising content forming an integral part of the website and its materials.
  7. Users may access and use the services offered on the website provided they have agreed to the General Terms and Conditions.

IV. RULES FOR USING THE WEBSITE

  1. The website is supported by all web browsers. No specific characteristics of the User’s device are required.
  2. After accepting the Terms and Conditions, the User has the right to view the content of this website without making any changes to it, provided that the content is used solely for informational, non-commercial purposes. Quoting content published on the website is permitted, but is regulated by copyright law and requires, in each case, full information about the sources to be provided in each case.  
  3. Using and copying software, processes, technologies, images and texts that are part of the website is prohibited.
  4. Users may only access and use the website in accordance with the provisions of the Electronic Communications Law, the Law on the Provision of Electronic Services and relevant civil law provisions.
  5. Using the website is prohibited: 

(a) In a manner that leads to a violation of applicable law;

(b) In any unlawful or dishonest manner, or for any unlawful or dishonest purpose;

(c) For purposes related to causing or attempting to cause harm to children;

(d) To send, knowingly receive, upload or use content that is inconsistent with the General Terms and Conditions;

(e) To transmit or provoke the sending of any unsolicited or unauthorised advertising or promotional materials, or any other similar content classified under the collective category of spam;

(f) Knowingly transmitting any data or sending or uploading any material containing viruses, Trojan viruses, spyware, adware or other harmful programs or computer codes programmed to adversely affect or threaten the functioning of any software or computer equipment or the User.

V. COOKIES

  1. This website uses cookies or similar technologies (hereafter referred to collectively as ‘cookies’) to collect information about how Users access the website (e.g. via a computer or smartphone) and their preferences. These cookies are used for advertising and statistical purposes, as well as to tailor the website to the User’s individual needs.
  2. Cookies are pieces of information that contain a unique reference code that a website sends to the User’s device in order to store and sometimes track information about the device being used. They do not usually allow the User to be identified. Their main purpose is to enable the website to be tailored more effectively to the User.
  3. Some cookies are only available for the duration of an internet session and expire when the browser is closed. Other cookies remember the User and recognise them when they return to the website. These cookies are stored for a longer period of time. 
  4. All cookies used on this website are set by the Owner.
  5. All cookies used by this website comply with applicable European Union law.
  6. Most Users and some mobile browsers automatically accept cookies. If these settings are not changed, cookies will be stored in the device’s memory.
  7. Users can change their cookie acceptance preferences or adjust their browser settings to receive a notification each time a cookie is set. To adjust your cookie settings, go to your browser settings.
  8. Remember that blocking or deleting cookies may prevent you from using all of the website’s features.
  9. Cookies will be used for necessary session management, including:

(a) Creating a special login session for the User so that the website remembers that they are logged in and their requests are delivered effectively, securely and consistently;

(b) Recognising Users who have previously visited the website allows us to identify the number of unique Users and ensure that the website has sufficient capacity;

(c) Recognising whether a person visiting the website is registered with it;

(d) Recording information from the User’s device, including cookies, IP address and browser information, in order to diagnose problems, administer the website and track usage;

(e) Adjusting the graphic design or content of the website;

(f) Collecting statistical information about how Users use the website, in order to improve it and determine which areas are most popular.

VI. FACEBOOK PLUGIN

  1. This website contains a plugin for the Facebook social networking serwice. 
  2. The Facebook plugin is marked with the Facebook logo.
  3. This plugin connects directly to the Owner’s profile on the Facebook server. Facebook may then use the User’s IP address to determine which website they have visited.
  4. If the User visits the website while logged into their Facebook account, Facebook will record information about the visit. Even if the User is not logged into Facebook, the company is able to obtain information about his IP address.
  5. Facebook does not provide the Owner with information about the data it collects or how it is used. The Owner is unaware of the purpose and scope of the data collected by Facebook. For more information about privacy on Facebook, please contact Facebook directly or refer to the portal’s privacy policy: https://www.facebook.com/about/privacy/.
  6. If a User does not want Facebook to collect information about their browsing activity, they should log out of their account beforehand.

VII. OTHER SOCIAL MEDIA PLUGINS

  1. The Owner may also use other social media plugins, such as Twitter, Google+ or LinkedIn.
  2. These plugins can be identified by the icons used to share information on a given platform.
  3. Plugins allow Users of these platforms to include links to websites in their social media posts.
  4. Plugins connect directly to the Owner’s profile on the social media platform’s server. The platform can then use the User’s IP address to determine whether they have visited the website.
  5. When a User visits a profile, the social network administrator uses cookies and similar technologies to monitor their behaviour and actions. This information is collected, among other things, to create website statistics.
    These statistics only contain anonymised data about visitors to the profile, and it is not possible to link them to a specific person. The statistics contain only anonymised statistical data about Users visiting the profile and cannot be linked to a specific person. The Owner does not have access to the personal data used by social networking sites for the purposes of preparing website statistics, among other things.
  6. Thanks to the website statistics generated by the social networking service, the Owner can see how Users engage with their profiles and which published content is most popular. This information enables the Owner to optimise their profiles by better matching the published content to the interests and behaviour of Users. The entity responsible for processing User data for the purpose of generating website statistics is the administrator of each of the above social networking sites. Therefore, administrators must inform Users about all matters relating to the processing of personal data for the purpose of creating website statistics, and about their right to privacy protection under applicable law.

VIII. EXTERNAL LINKS

  1. Links to other websites on this site are provided for information only.
  2. The website Owner is not responsible for the content of these websites or for any damage resulting from their use.

IX. NEWSLETTER

  1. To subscribe to the newsletter, please provide your email address or phone number and consent to the processing of your personal data for the purpose of receiving commercial and marketing information from the Owner via email or SMS.
  2. The Owner informs the User about the latest offers, e.g. new products, promotions or sales, via email or SMS newsletter.
  3. Users may unsubscribe from the newsletter at any time by clicking on the relevant link or by sending an email to weber@webergallery.eu

X. CONTACT FORM

  1. The User can enter their contact details and the content of their message in a special form provided for contacting the Owner, and then send it to the Owner.
  2. By providing their contact details, the User consents to the Owner processing the personal data provided in the contact form. The Owner may use these details to send offers or contact the User.

XI. REGISTRATION FORM

  1. As part of the registration process, Users can enter their personal details to create an account and register as an identified User on the website.
  2. Once registered, the User will be able to log in to their account as an identified User when they visit the website again.
  3. Once logged in to the account, the website will have access to the User’s personal and contact details, which were provided during registration or at a later date. This will enable more efficient communication, data transfer and payment for goods and services available on the website.
  4. By registering and saving their personal data, the User consents to the Owner processing the personal data provided in the registration form.

XII. SEARCH ENGINE

Users can search for information on the website by entering keywords in the search engine located on the website. This allows the User to filter information faster than by reading the entire website to find what they came for.

XIII. RESPECT FOR INTELLECTUAL PROPERTY

  1. This website and its content are protected by copyright, trademark rights and other relevant intellectual property laws.
  2. All trademarks, logos and other personalised emblems appearing on the website (referred to collectively as ‘Marks’) are the property of the Owner.
  3. Unless the Owner has given separate, individual written authorisation, the User may not use the Marks:
    – separately or in combination with other verbal or graphic elements;
    – in press releases, advertisements, promotional and marketing materials;
    – in the media;
    – in written or oral materials;
    – in electronic or visual form;
    – or in any other form.
  4. Content published in exhibition tabs on the website, which the Owner leases to third parties for display purposes, is protected by copyright. Those who use the exhibition tabs to promote art exhibitions and content must comply with copyright laws.
  5. By accepting the website’s terms and conditions, the User agrees to respect the copyright of the images and content published on the website. Therefore, Users are not permitted to download images or text from the website without the permission of the website Owner, or use them for publication, presentation or commercial purposes. 
  6. Any content or images offered by the Owner on the online store section of the website are subject to the store’s terms and conditions.

XIV. USER DATA PROTECTION

The Owner fully respects the privacy of Users. Detailed information on how the User’s personal data or other information is collected and processed, as well as the situations in which the Owner may disclose it, can be found in the Privacy Policy tab.

XV. LIMITATION OF LIABILITY

  1. This website contains general information only. It is not intended to provide professional advice. Users should consult a professional advisor before taking any action that may affect their financial situation or business activities.
  2. The website does not provide any guarantees regarding its content, particularly with regard to security, accuracy, the absence of viruses or malicious code, correct operation or quality.
  3. The website does not provide any express or implied warranty, including warranties of merchantability, fitness for a particular purpose, non-infringement of copyright, or the security or reliability of information.
  4. You use the website at your own risk and are fully responsible for any damages related to or resulting from its use. This includes direct, indirect, incidental, consequential and moral damages, as well as those arising from contractual liability, tort or negligence. This also includes loss of data or services.
  5. The website is not responsible for any links posted on it, especially if they lead to websites, resources or tools maintained by third parties.
  6. The Owner shall not be liable if the website becomes temporarily or permanently unavailable for any reason.
  7. The Owner shall not be liable for any information provided on the website, nor can it guarantee the complete security of any transactions or communications conducted via the website.
  8. Despite the Owner’s best efforts to ensure the accuracy and timeliness of the website, unintentional errors may occur, which the User is requested to report to the Owner upon discovery.
  9. All of the above exclusions and limitations of liability apply to the fullest extent permitted by law. This covers all types of liability, including contractual and tort liability, as well as any other liability provided for in Polish or foreign legal systems.

XVI. VALIDITY OF PROVISIONS

  1. If any part of these General Terms and Conditions is found to be invalid or unenforceable under the laws of any jurisdiction, this shall not affect the validity or enforceability of any other part of these Terms and Conditions. The parties shall replace any invalid or unenforceable provision with one that most closely reflects the original intention. The same applies to any gaps in the General Terms and Conditions.
  2. If any provision of the General Terms and Conditions becomes invalid or unenforceable in one or more jurisdictions, all other provisions shall remain valid in any other jurisdiction.

XVII. RELATIONSHIP TO ENTERED INTO AGREEMENTS

Unless otherwise agreed, these General Terms and Conditions represent the full and final agreement between the User and the Owner regarding the use of the website and its content, and they supersede all other agreements, arrangements and contracts relating to the subject matter of these Terms and Conditions.

XVIII. CHANGES TO THE TERMS AND CONDITIONS OF THE WEBSITE

1.The website Owner reserves the right to modify these General Terms and Conditions at any time during their validity, by publishing an updated version on the website. This updated version shall take effect for Users upon publication, unless otherwise specified in the modified General Terms and Conditions.

  1. The User must familiarise themselves with any modifications to the General Terms and Conditions. The Owner will inform them of these changes by sending a message or notification for acceptance.
  2. Continued use of the website constitutes acceptance of the modified Terms and Conditions.

XIX. DISPUTE RESOLUTION

  1. The parties agree to attempt to resolve any disputes that may arise through amicable settlement before a competent arbitration court (see arbitration clause).
  2. If an amicable settlement proves impossible, any dispute arising from these General Terms and Conditions shall be settled by the court with jurisdiction over the Owner’s place of residence or permanent residence.

XX. LEGAL BASIS

In matters not covered by these General Terms and Conditions, the following legislation shall apply:

(a) the Electronic Communications Law of 12 July 2024 (Journal of Laws of 2024, item 1221, as amended);

(b) the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended);

(c) the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2022, item 2509, as amended);

(d) the Civil Code of 23 April 1964 (Journal of Laws of 2024, item 1061, as amended); and

(e) other relevant provisions of Polish law.