Shop Terms and conditions
Terms and conditions for the sale of digital products
I. Definitions
1. The terms used in these regulations mean:
- Seller/Service Provider: Startup International Virtual Gallery of Art, Joanna Weber, registered office: ul. Tulipanowa 10, PL-72-003 DOBRA, Poland, www.webergallery.eu, Email: weber@webergallery.eu. Telephone: +48 783 406 629 or +49 1578 5 777 883.
- Store: an online sales service through which the Service Provider offers electronic services, including the presentation of products, order placement and the conclusion of distance contracts. It is operated by the Seller at the internet address www.webergallery.eu.
- Product: (also referred to interchangeably as digital content): a file or files in digital form. This includes tickets to online exhibitions, e-books and other digital content not recorded on a durable medium.
- Digital content: files in digital form that are not recorded on a durable medium.
- Consumer: a natural person who enters into a legal transaction with an entrepreneur (or a person conducting unregistered business activity) that is not directly related to their business or professional activities.
- Entrepreneur with consumer rights: a natural person conducting a sole proprietorship who enters into a contract directly related to their business activity with another entrepreneur. However, this agreement is not of a professional nature for that person, as it results from the subject of their business activity as disclosed in the Central Register and Information on Economic Activity.
- Customer: a natural person with full legal capacity, a legal person, or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, which intends to conclude or has concluded an Agreement for the provision of Electronic Services or a Sales Agreement.
- Agreement: an agreement for the sale of goods between the customer and the seller, concluded as part of an organized system for concluding distance agreements via the store, without the simultaneous physical presence of the parties and with the exclusive use of one or more distance communication means up to and including the moment the agreement is concluded.
- Digital Content Delivery Agreement (hereafter referred to as the ‘Agreement’) – A contract for the supply of a product between the seller and the customer via the online store. Under this contract, the seller is obliged to supply the product to the customer and the customer is obliged to pay the seller the price of the product.
- Lead Magnet Agreement (also referred to as the LM Agreement): This is an agreement for the provision of digital content in exchange for personal data. The terms of this agreement are described in the section entitled ‘Lead Magnet’. Under this agreement, the seller provides the customer with a lead magnet in exchange for the customer providing their personal data, in the form of their name and email address.
- Terms and Conditions: these Terms and Conditions, available at www.webergallery.eu
- Sales Agreement: an agreement for the sale of a Product concluded between the Customer and the Seller via the Store.
- Working day is any day from Monday to Friday, excluding public holidays.
- Civil Code: The Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
- Act on the provision of electronic services: Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
- Force majeure: defined as an unforeseeable event that is impossible to prevent, particularly including fires, floods, earthquakes, volcanic eruptions, epidemics, general strikes, and riots, acts of war, terrorism and military coups. It also includes certain actions by state authorities, such as the closure of state borders or the introduction of export or import bans.
II. General provisions
- These Terms and Conditions set out, in particular, the rules and conditions for using the Store, as well as the rights and obligations of the Seller and Customers of the Store.
- The seller makes sales via the store at https://webergallery.eu/warenkorb/.
- The seller conducts international sales and has a global reach.
- Customers may communicate with the Seller in writing, electronically or by telephone (see section 1.1.1 of the Terms and Conditions for contact details). Orders must be placed in accordance with the procedure set out in section 5 of the Terms and Conditions. The Seller also enables contact via social media channels, such as the X profile. The Seller responds to enquiries sent during the store’s operating hours, i.e. Monday to Friday, 10 a.m.–5 p.m.
- The Seller declares that it is unable to guarantee that the opinions about the Goods published on the store’s website or social media come exclusively from consumers who have actually purchased the Goods.
- E-books sold in the Store are available in PDF format or other digital formats.
- Because of their specific nature, updates are not required for digital content sold in the Store to remain compliant with the Agreement.
III. Terms of use of the store
- Customers may place orders for products available in the store’s range after providing the necessary personal and address details to enable the order to be processed.
- In order to use the Store, including browsing the product range and placing orders for Products, it is necessary to meet the minimum technical requirements, such as:
– A computer, laptop or other multimedia device connected to the internet.
– A web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge, all updated to the latest versions.
– An active email account.
– Enable cookies and JavaScript in your web browser.
– The recommended minimum screen resolution is: 1024 x 768 - If the Customer uses computer hardware or software that does not meet the technical requirements specified in section 3.2 of the Terms and Conditions, the Service Provider does not guarantee the proper functioning of the Store and reserves the right to state that this may have a negative impact on the quality of the services provided electronically.
- The Customer is obliged to use the Online Store in a manner consistent with applicable law and the provisions of these Terms and Conditions. In particular, the Customer is obliged to:
– refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with its content of or technical elements,
– not to deliver or transmit content prohibited by law, including in particular content that is offensive or vulgar, incites violence or other activities contrary to the law or good morals, or which violates the personal rights and other rights of third parties,
– use any content posted in the Store solely for your own personal use,
– use the Store in a manner that is not disruptive to other Customers or the Seller. - If the Customer breaches these Terms and Conditions, particularly the provisions of section 3.4, the Seller may immediately deprive them of the right to use the Store and restrict their access to some or all of the Online Store’s resources.
- The information provided by the customer when placing an order must be true, up to date and accurate. The seller reserves the right to refuse to fulfil an order if the information provided prevents fulfilment, particularly if it prevents the proper delivery of the goods. Before doing so, the Seller will attempt to contact the Customer to obtain the necessary information.
- The Service Provider reserves the right to organise occasional promotions, the terms and conditions of which will be published on the Store’s website each time. Unless the terms and conditions of a given promotion provide otherwise, promotions cannot be combined.
IV. Electronic services
- The Service Provider offers the following free, voluntary electronic services: viewing information posted in the Store; providing an order form for products; using the contact form; and creating a user account.
- The order form service enables Customers to order products from the Seller via the Store’s website in accordance with the procedure set out in section 5 of the Terms and Conditions. This free, one-time service allows Customers to place orders for products offered by the Seller via the Store’s website. It ends immediately after the order is placed.
- The Contact Form service involves sending a message to the Seller via the form on the Store’s website. The Customer can opt out of this service at any time by simply stopping sending enquiries to the Seller.
- The User Account service, which involves creating and maintaining an account on the Store, is provided free of charge for an unlimited time. The account Stores the buyer’s data and order history. Buyers log into their account using their email address and password. Customers may delete their account at any time, without giving any reason or incurring any costs, by sending a relevant request to the Service Provider in writing or by email.
- As indicated in section 4.1. The services are provided by the Service Provider 24 hours a day.
- The Seller will make every effort to ensure that the services provided in the Store are of the highest quality. However, the Seller cannot exclude the possibility of temporarily suspending the Store’s availability, particularly if maintenance, inspections, modernisation or expansion work is required.
- To the fullest extent permitted by law, the Service Provider shall not be liable for any disruptions to the provision of electronic services, including interruptions to the Store’s functionality caused by force majeure, the unlawful actions of third parties or the Online Store’s incompatibility with the Customer’s technical infrastructure.
- Complaints relating to electronic services may be submitted in writing or by email (contact details provided in Section 1.1.1 of the Terms and Conditions). The complaint should include the customer’s name and postal address, as well as details of the type and date of the irregularity relating to the services provided by the service provider. The Service Provider will consider complaints within 14 days.
V. Intellectual property
- The Seller informs that the Digital Products offered by the Seller constitute works within the meaning of the Act of February 4, 1994, on copyright and related rights. The Seller owns the copyright to these works, which is protected.
- The Customer undertakes to respect the copyright of the Seller and to use the Products solely for personal use. The Customer acknowledges that any infringement of these rights, particularly, through further unlawful distribution, will result in civil or criminal liability in accordance with the relevant provisions.
VI. Terms and conditions of purchase
- Customers may purchase products from the Store’s range by placing an order. To place an order, the Customer must provide the necessary personal data to enable it to be processed.
- Orders can be placed 24 hours a day, 7 days a week.
- The Customer selects a Product that is available for Sale at the time of placing the order, in accordance with its description and price, and specifies the quantity required. The Customer then completes the order by taking the necessary technical steps based on the information and messages displayed on the website.
- Until the moment of clicking the ‘Buy and pay’ button, the Customer has the option to modify the order, particularly with regard to the selection and quantity of goods.
- After the Customer has provided all the necessary data, a summary of the Order will be displayed.
- In order to send an Order, it is necessary to accept the Terms and Conditions, provide the mandatory personal data, and click the “Buy and pay” button.
- Upon successful payment, a contract for the delivery of digital content is concluded between the Customer and the Seller. A purchase confirmation will also be sent to the email address provided in the order form.
- The Seller shall deliver the product to the Customer immediately upon receiving confirmation of full payment. The product purchased by the Customer will be delivered in the manner and within the timeframe specified in its description. If the Customer is unable to activate the product, they should contact the Seller at weber@webergallery.eu.
- An invoice without VAT is issued for each order. It is delivered electronically to the email address provided during the ordering process. Acceptance of the Terms and Conditions constitutes consent to the sending (sharing) of invoices in electronic form. By providing the data necessary to issue a VAT-free invoice, in the form of a tax identification number and sole proprietorship, the Customer expresses their willingness to conclude a contract as an entrepreneur.
VII. Payment
- Orders placed in the Store can be paid for:
a. in advance (before receiving the ordered item) – payable directly to the Seller’s bank account via electronic transfer or payment card: Visa, Mastercard, Maestro)
b. in advance – by traditional transfer to the Seller’s bank account - The Seller may cancel the order if the Customer fails to pay the full amount within five business days of receiving the order confirmation (this applies to payments made by traditional bank transfer). Cancellation of the order releases the Seller from their obligation to fulfil it.
VIII. Price
- The product price is given in euros and does not include goods and services tax (i.e. the net price).
- The seller reserves the right to change product prices at any time. This does not affect the value of orders placed before the price change takes effect.
IX. Complaints about goods (warranty)
- The Seller is liable to the Customer, who is a Consumer, for any physical or legal defects in the goods, as set out in Articles 556 et seq. of the Civil Code.
- The Seller is liable for physical and legal defects in the goods under the warranty for a period of two years from the date on which the Consumer receives the goods. A physical defect occurs when the goods do not have the properties they should have for the specified purpose, or for the intended use resulting from the circumstances, or when they are delivered incomplete. A physical defect is defined as the goods not having the properties they should have for the purpose specified in the contract, or for the intended use, or being delivered to the buyer incomplete. As well as other defects specified in Article 5561 of the Civil Code. A legal defect occurs when the goods are owned by a third party or are subject to the rights of a third party.
- If the goods are defective, the consumer is entitled to make one of the following claims against the seller:
(a) submit a statement of withdrawal from the agreement (however, the consumer may not submit such a statement if the defect is insignificant);
(b) demand a reduction in the price of the goods, unless the seller immediately replaces the goods with goods free from defects or removes the defect without undue inconvenience to the consumer; or
(c) demand replacement of the goods with goods free from defects;
(d) demand removal of the defect. - Claims for the removal of defects or the replacement of goods with defect-free goods expire one year after the date on which the defect is discovered.
- Complaints may be submitted in any form to the contact details provided in section 1.1.1. of the Terms and Conditions, together with a description of the defect and proof of purchase. The Seller provides a sample complaint form on the Store’s website, that the Customer may use.
- The complaint should include the following information, in particular: the Consumer’s first and last name; their address; their order ID; the transaction date; the subject and reason for the complaint; their bank account number; and their contact details.
- The Consumer will receive information about how their complaint will be handled within 14 days of the Seller receiving the complaint. The Consumer will be notified of the outcome of the complaint at the email address provided when placing the order.
- In accordance with Article 558 § 1 of the Civil Code, the Seller excludes liability under the warranty in relation to Customers who are not Consumers, as well as Entrepreneurs with consumer rights.
- Any disputes arising between a Customer who is not a Consumer and the Seller shall be settled by the court having jurisdiction over the Seller’s registered office.
X. The right to withdraw from the agreement
- Customers who are Consumers or Entrepreneurs with consumer rights have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period begins from the moment the order is paid for. Point 10.2 applies.
- In the case of digital products, if the Consumer or Entrepreneur with consumer rights requests performance (i.e. delivery of digital content in the form of a product) before the deadline for withdrawing from the agreement, they will lose their right to withdraw. Therefore, the Customer retains the right to withdraw from the agreement if they do not download the digital content or start using it in any other way (for example, by starting an online course) within 14 days of the payment date.
- ‘Performance’ is understood to be the first action taken by the Consumer or Entrepreneur acting as a Consumer that familiarises them with the content of the product. This action may consist of logging into an account, downloading, transferring, sending, displaying or opening the product, or confirming the purchase verbally, by telephone, email or any other method involving declarations of intent made remotely.
- A Customer who wishes to withdraw from the contract may do so by sending an appropriate statement to the Seller’s registered office address or via e-mail to weber@webergallery.eu. The Seller provides a model withdrawal form that the Customer may use.
- The Seller shall immediately send the Customer confirmation of receipt of the withdrawal notice to the email address provided by the Customer when placing the order.
- In the event of withdrawal from the Agreement, the Agreement shall be deemed not to have been concluded, and the parties shall be obliged to return what they have provided to each other under the Agreement.
- The Seller must refund all payments made by the eligible Customer within 14 days of receiving the withdrawal statement.
- The refund referred to above will be issued via the same payment method used for the original transaction.
XI. Extrajudicial methods of handling complaints and pursuing claims
- The Seller informs the Customer, who is a Consumer, that they have the right to pursue claims through extrajudicial means in accordance with the online dispute resolution procedure developed by the European Commission and available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
- The Seller agrees to submit any disputes arising in connection with the conclusion of the contract with the Seller to mediation. The details will be determined by the parties to the dispute.
- The ODR platform is an online dispute resolution system for Consumers and businesses at EU level. It is an interactive, multilingual website offering a one-stop shop for those seeking an out-of-court settlement of disputes concerning contractual obligations arising from: online sales contracts, contracts for the supply of digital content and service contracts.
- Consumers can obtain free assistance regarding their rights and disputes with the Seller by contacting the district (municipal) Consumer Ombudsman, a social organisation whose statutory duties include consumer protection (e.g. the Consumer Federation or the Association of Polish Consumers), or a permanent Consumer Arbitration Court. Information for Consumers, including details of how to obtain assistance and of entities authorised to settle disputes out of court (particularly Consumer Ombudsmen and Provincial Trade Inspection Inspectorates), is also available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl).
XII. Personal Data Security
- The Seller is the administrator of any personal data processed in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, to the extent and based on the principles set out in the Privacy Policy published on the Store’s website.
- Providing personal data is voluntary. Anyone whose personal data is processed by the Seller has the right to inspect it and update or correct it.
- Detailed rules for the collection, processing, and storage of personal data used for the purpose of order fulfilment by the Seller are described in the Privacy Policy, which can be found at www.webergallery.eu.
XIII. Final provisions
- English, Polish and German are language in which contracts are concluded in the Store.
- The Seller reserves the right to amend or update these Terms and Conditions. Any agreements concluded before the Terms and Conditions are amended shall be governed by the version in force on the date the Customer places their order.
- In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply. This includes, in particular, the provisions of the Civil Code and the Act on the Provision of Electronic Services, as well as other generally applicable legal provisions.
- These Terms and Conditions shall come into force on November 1, 2025.
Terms and conditions of sale for physical products
I. Definitions
1. The terms used in these regulations mean:
- Seller/Service Provider – Start-up International Virtual Gallery of Art, Joanna Weber, with its registered office at ul. Tulipanowa 10, PL-72-003 DOBRA, Poland, www.webergallery.eu, email address: weber@webergallery.eu, telephone + 48 783 406 629, +49 1578 5 777 883.
- Store – an online sales service through which the Service Provider provides services electronically, including, in particular, the presentation of Products, placing orders, concluding distance Contracts, operated by the Seller at the internet address www.webergallery.eu.
- Product/Goods – movable items offered for sale by the Seller, which are the subject of the Sales Agreement between the Customer and the Seller.
- Consumer – a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
- Entrepreneur with consumer rights – a natural person conducting sole proprietorship who concludes a Contract with another entrepreneur directly related to that business activity, but the Contract is not of a professional nature for that person, resulting in particular from the subject of their business activity disclosed in the Central Register and Information on Economic Activity.
- Customer – a natural person with full legal capacity, a legal person, or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, which intends to conclude or has concluded an Agreement for the provision of Electronic Services or a Sales Agreement.
- Contract concluded at a distance – A contract concluded with the Customer as part of an organized system of distance contracts, via the Store, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the Contract.
- Terms and Conditions – these Terms and Conditions, available at www.webergallery.eu
- Sales Agreement – an agreement for the sale of a Product concluded between the Customer and the Seller via the Store.
- Working day – a day of the week from Monday to Friday, excluding public holidays.
- Civil Code – Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
- Act on the provision of electronic services – Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
- Force majeure is defined as an unforeseeable event that is impossible to prevent, particularly including fires, floods, earthquakes, volcanic eruptions, epidemics, general strikes, riots, acts of war, terrorism and military coups. It also includes certain actions by state authorities, such as the closure of state borders or the introduction of export or import bans.
II. General provisions
- These Terms and Conditions set out, in particular, the rules and conditions for using the Store, as well as the rights and obligations of the Seller and Customers of the Store.
- The Seller conducts sales through the Store at www.webergallery.eu.
- Customers may communicate with the Seller in writing, electronically or by telephone (see section 1.1.1 of the Terms and Conditions for contact details). Customers should place orders in accordance with the procedure set out in section 5 of the Terms and Conditions.
III. Terms and conditions of use of the store
- The Customer may place orders for Products available in the Store’s assortment after providing the necessary personal and address details to enable the order to be processed.
- In order to use the Store, including browsing the product range and placing orders for Products, it is necessary to meet the minimum technical requirements, such as:
a) a computer, laptop, or other multimedia device connected to the Internet
b) a web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge – updated to the latest versions
c) an active email account
d) enable cookies and JavaScript in your web browser
e) recommended minimum screen resolution: 1024×768 - If the Customer uses computer hardware or software that does not meet the technical requirements specified in section 3.2 of the Terms and Conditions, the Service Provider does not guarantee the proper functioning of the Store and reserves the right to state that this may have a negative impact on the quality of the services it provides electronically.
- The Customer is obliged to use the Online Store in accordance with applicable law and these Terms and Conditions. In particular, the Customer is obliged to:
a) Refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the content of the Store or its technical elements,
b) Not to deliver or transmit content prohibited by law, including in particular content that is offensive or vulgar, incites violence or other activities contrary to the law or good manners, or which violates the personal rights and other rights of third parties,
c) Use any content posted in the Store solely for their own personal use,
d) Use the Store in a manner that is not burdensome to other Customers and the Seller. - If the Customer breaches these Terms and Conditions, particularly the provisions of section 3.4, the Seller may immediately deprive them of the right to use the Store and restrict their access to some or all of the Online Store’s resources.
- The information provided by the Customer when placing an order should be true, current, and accurate. The Seller reserves the right to refuse to fulfil an order if the information provided prevents the order from being fulfilled, in particular if it prevents the proper delivery of the Goods. Before refusing to fulfil the order, the Seller will attempt to contact the Customer in order to determine the information necessary to fulfil the order.
- The Service Provider has the right to organize occasional promotions, the terms and conditions of which will be published on the Store’s website each time. Promotions cannot be combined, unless the Terms and Conditions of a given promotion state otherwise.
IV. Electronic services
- The Service Provider offers the following free, voluntary electronic services: viewing information posted in the Store; placing orders for products via a form; using the contact form; and creating a user account.
- The order form service enables Customers to order products from the Seller via the Store’s website in accordance with the procedure set out in section 5 of the Terms and Conditions. This free, one-time service allows Customers to place orders for products offered by the Seller via the Store’s website. It ends immediately after the order is placed.
- The Contact Form service involves sending a message to the seller via the form on the Store’s website. You can opt out of this service at any time by simply stopping sending enquiries to the Seller.
- The User Account service, which involves creating and maintaining an account on the Store, is provided free of charge for an unlimited time. This account stores the buyer’s data and order history. Buyers log into their account using their email address and password. Customers may delete their account at any time, without giving any reason or incurring any costs, by sending a relevant written or email request to the Service Provider.
- As indicated in Section 4.1, the services are provided by the Service Provider 24 hours a day.
- The Seller will make every effort to ensure that the services provided in the Store are of the highest quality. However, the Seller cannot exclude the possibility of temporarily suspending the Store’s availability, particularly if maintenance, inspections, modernisation or expansion work is required.
- To the fullest extent permitted by law, the Service Provider shall not be liable for any disruptions to the provision of electronic services, including interruptions to the Store’s functionality caused by force majeure, the unlawful actions of third parties, or the Store’s incompatibility with the Customer’s technical infrastructure.
- Complaints regarding services provided electronically may be submitted in writing or by email (contact details provided in section 1.1.1. of the Terms and Conditions). In the complaint, the Customer should provide their name, mailing address, and the type and date of the irregularity related to the services provided by the Service Provider. Complaints will be considered by the Service Provider within 14 days.
V. Placing orders
- The Customer may purchase Goods from the Store’s assortment by placing an order. The Customer places an order via the Store’s website after providing the necessary personal and address details to enable the order to be processed.
- Orders can be placed 24 hours a day, 7 days a week.
- At the time of placing the order, the Customer selects the goods from the Store’s assortment in accordance with their description and price, specifying the quantity required. They complete the order using the shopping basket, taking the necessary technical steps based on the information and messages displayed on the website.
- Until the moment of clicking the ‘Buy and pay’ button when placing an order, the Customer has the option to modify the order, particularly with regard to the selection and quantity of goods, and can also enter a promotional code if one has been made available by the Seller.
- After the Customer has provided all the necessary data, a summary of the order will be displayed. This summary will contain information about the order, including the products ordered, their unit and total prices, and the payment method.
- To send an Order, it is necessary to accept the Terms and Conditions, provide the personal data marked as mandatory, and click the “Buy and pay” button.
- At the moment of placing an order, a contract for the sale of goods covered by the order is concluded between the Customer and the Seller. A purchase confirmation will also be sent to the email address provided by the Customer when placing the order.
- The goods purchased by the Customer will be sent to the address provided at the time of placing the Order within 5 business days.
- A VAT-exclusive invoice is issued for each order. This invoice is delivered electronically to the email address provided during the ordering process. By accepting the Terms and Conditions, the Customer consents to receiving invoices in electronic form. By providing the data necessary to issue a VAT invoice, such as the tax identification number (NIP) and sole proprietorship name, the Customer expresses their willingness to conclude a sales agreement as an entrepreneur.
VI. Price
- The Product price displayed on the Store’s website is given in euros and does not include goods and services tax (net price).
- The Seller reserves the right to make changes to the prices of Products at any time. This right does not affect the value of orders placed before the date of the price change.
VII. Payment and order fulfilment
- Orders placed in the Store can be paid for:
(a) in advance (before receiving the order) – payable directly to the Store’s account (electronic transfer or payment by card: Visa, Mastercard, Maestro)
(b) in advance – by traditional transfer to the Seller’s bank account - The order will be processed within the timeframe specified in the product description on the Store’s website. If this does not happen within three business days, the timeframe will be counted from the moment the payment for the order is credited to the moment the shipment is sent to the Customer. An order is considered fulfiled when it is shipped or prepared for collection by the Customer.
- The Seller is entitled to cancel the order if the Customer fails to make full payment within five business days of receiving the order confirmation (this applies to payments made by traditional bank transfer). Cancellation of the order releases the Seller from their obligation to fulfil it.
- The order fulfilment time may change for reasons beyond the Seller’s control. If the order cannot be fulfilled within the time specified when placing the Order, the Seller shall immediately notify the Customer thereof and indicate a new, approximate date of order fulfilment. If the new date is not accepted by the Customer, they may withdraw from the contract without incurring any costs.
VIII. Delivery
- The ordered goods will be delivered internationally using the shipping method selected by the Customer when placing the order.
- The ordered Goods are delivered via the Suppliers indicated on the Store’s website. The delivery rates and approximate times are specified on the Store’s website.
- The Customer is obliged to provide a correct and accurate address to which the ordered Goods are to be delivered. If the Customer provides an incorrect or inaccurate address, the Seller shall not be liable, to the fullest extent permitted by law, for non-delivery or delay in delivery of the ordered Goods.
IX. Complaints about goods (warranty)
- The Seller is liable to the Customer, who is a Consumer, for any physical or legal defects in the Goods, as set out in Articles 556 et seq. of the Civil Code.
- The Seller is liable for physical and legal defects in the Goods under the warranty for a period of two years from the date on which the Consumer receives the Goods. A physical defect occurs when the Goods do not have the properties specified in the contract, or are not fit for their intended use, or are incomplete, or have other defects specified in Article 5561 of the Civil Code. A legal defect occurs when the Goods are owned by a third party or are subject to the rights of a third party.
- If the Goods are defective, the Consumer shall be entitled to one of the following claims against the Seller:
a) submit a statement of withdrawal from the Agreement (the Consumer may not submit a statement of withdrawal from the agreement if the defect is insignificant),
b) demand a reduction in the price of the Goods, unless the Seller immediately and without undue inconvenience to the Consumer replaces the Goods with Goods free from defects or removes the defect,
c) demand replacement of the Goods with Goods free from defects,
d) demand removal of the defect. - Claims for the removal of defects or the replacement of defective goods shall expire one year after the date of discovery of the defect.
- Any complaints should be submitted to the contact details provided in Section 1.1.1 of the Terms and Conditions. Please provide a description of the defect and proof of purchase from the store. The Seller provides a sample complaint form on the Store’s website that Customers may use.
- The complaint should include the following information, in particular: the Consumer’s first and last name; their address; their order ID; the transaction date; the subject and reason for the complaint; their bank account number; and their contact details.
- The Consumer will receive information about how their complaint will be handled within 14 days of the Seller receiving the complaint. The Consumer will be notified of the outcome of the complaint at the email address provided when the order was placed.
- In accordance with Article 558 § 1 of the Civil Code, the Seller excludes liability under the warranty in relation to Customers who are not Consumers, as well as entrepreneurs with Consumer rights.
X. Right to withdraw from the contract
- Customers who are Consumers or Entrepreneurs with consumer rights have the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period begins when the goods are taken into possession by the Consumer or a third party designated by the Consumer, other than the supplier.
- The right to withdraw from the contract does not apply to entities conducting business or professional activities, including making purchases directly related to those activities in the Store.
- The Consumer or Entrepreneur with consumer rights exercises the right to withdraw from the Agreement by sending an appropriate statement in any form, including, among others, to the address of the Seller’s registered office or by e-mail to weber@webergallery.eu. The Seller provides a model withdrawal form on the Store’s website, which the eligible Customer may use.
- The Seller shall immediately send the Customer confirmation of receipt of the withdrawal notice to the email address provided by the Customer when placing the order.
- If the Agreement is withdrawn, it shall be deemed not to have been concluded and the parties shall be obliged to return anything they have provided to each other under the Agreement.
- The Goods should be returned by the Consumer or entrepreneur acting as a consumer immediately and no later than 14 days after the date on which they withdrew from the contract. The Consumer shall bear the cost of returning the Goods to the Seller.
- The Consumer or Entrepreneur with consumer rights shall be liable for any reduction in the value of the Goods resulting from their use in a manner that exceeds what is necessary to ascertain their nature, characteristics and functioning. This liability shall be determined by comparing the value of the new goods with that of the returned goods, calculated according to the degree of wear and tear.
- The Seller shall refund all payments made, including the cost of delivering the Goods, no later than 14 days after receiving the statement of withdrawal from the Sales Agreement, subject to point 10.10 of these Terms and Conditions. The Seller may withhold refunds until the goods are returned or proof of return is provided, whichever occurs first.
- The refund referred to above will be issued via the same payment method used for the original transaction.
- If the Customer exercising their right of withdrawal has chosen a delivery method that is more expensive than the standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Customer.
XI. Extrajudicial methods of handling complaints and pursuing claims
- The Seller informs the Customer, who is a Consumer, that they have the right to pursue claims through extrajudicial means in accordance with the online dispute resolution procedure developed by the European Commission and available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
- The Seller agrees to submit any disputes arising from the sale of Goods to mediation. The details will be determined by the parties to the conflict.
- Consumers can obtain free assistance regarding their rights and disputes with the Seller by contacting the district (municipal) Consumer Ombudsman, a social organisation whose statutory duties include Consumer protection (e.g. the Consumer Federation or the Association of Polish Consumers), or a permanent consumer arbitration court. Information for Consumers, including details of how to obtain assistance and information on entities authorised to settle disputes out of court (particularly Consumer Ombudsmen and Provincial Trade Inspection Inspectorates), is also available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl).
XII. Personal Data Security
- The Seller is the administrator of any personal data processed in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, to the extent and on the basis set out in the Privacy Policy published on the Store’s website.
- Providing personal data is voluntary. Anyone whose personal data is processed by the Seller has the right to inspect it and update or correct it.
- The Privacy Policy, which is available in the footer of the website, contains detailed rules for the collection, processing and storage of personal data used for order fulfilment by the Seller.
XIII. Final provisions
- English, German and Polish are the languages in which contracts are concluded in the Store.
- The Seller reserves the right to amend or update these Terms and Conditions. Amended Terms and Conditions will be made available in the Store. Contracts concluded before any amendment to the Terms and Conditions are subject to the version in force on the date the Customer placed the order.
- In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply. This includes, in particular, the provisions of the Civil Code and the Act on the Provision of Electronic Services, as well as other generally applicable legal provisions.
- These terms and conditions will come into force on 1 November 2025.
