(1) The sumi-e.art website operates under the terms of these Regulations.
(2) The Regulations specify the terms and conditions for the conclusion and termination of Art Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Shop sumi-e.art, the rules for the provision of these services, the terms and conditions for the conclusion and termination of contracts for the provision of services electronically.
3. sumi-e.art Internet Gallery, hereinafter referred to as the Gallery, available at the Internet address sumi-e.art, is conducted as an unregistered activity by Monika Buchalska.
4 The Gallery sells works of art (hereinafter referred to as Works of Art) owned by Monika Buchalska through the sumi-e.art website.
5 The Gallery also sells Works made to the individual order of the Buyer.
(6) Services provided electronically under these Regulations consist in enabling the use of the Gallery to conclude a sales contract and its execution. The agreement on provision of services by electronic means is concluded for an indefinite period of time.
7. The condition for provision of services specified in the Regulations is reading and accepting all provisions of these Regulations.
8. In matters not covered by these Regulations, the following provisions shall apply:
a) Act on provision of services by electronic means of July 18, 2002 (Journal of Laws of 2024, item 1513, i.e.).
(b) Civil Code Act of April 23, 1964 (Journal of Laws of 2024, item 1061, 1237, i.e.).
(c) other relevant provisions of Polish law.
Order Form – a form available on the sumi-e.art website that allows you to place an Order.
Customer – a person who intends to conclude or has concluded a Sales Agreement with the Seller.
Work – a movable item available in the Gallery that is the subject of a Sales Contract between the Customer and the Seller.
Regulations – these regulations of the Gallery.
Gallery – the website of the Seller / Service Provider operating at sumi-e.art.
Seller / Service Provider – Monika Buchalska, ul. Józefa Kostrzewskiego 23 m 6, 71-793 Szczecin
Contract of Sale – Contract of sale of the Product / Work concluded between the Customer and the Seller through the Gallery.
Order – the Customer’s statement of intent constituting an offer to conclude a Contract for Sale of Work with the Seller or to perform a service.
Price – the value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Work or for the performance of the service.
1 Registration is free of charge and voluntary. After registration, an individual User Account is created for the User. In order to register, the User should fill in the registration form and provide the data required in the registration process, such as active e-mail address, password to the User Account, name and surname, address data, telephone number.
2. The User may terminate the agreement for the provision of services by electronic means at any time.
3. Termination or termination by mutual consent of the parties of the agreement for the provision of services by electronic means shall not affect the performance of already concluded sales agreements, unless the parties agree otherwise.
(1) The Gallery shall sell the Works presented on the Gallery’s website.
(2) The parties to the sales contract concluded with the Gallery are: Seller and Buyer.
(3) The sales contract may be concluded with both a registered User (having a User Account) and an unregistered User.
(4) An unregistered user, who is a Consumer, in order to conclude a contract of sale or commission sale is required to indicate the following data: active e-mail address, name, address data, telephone number.
(5) An unregistered user, who is an Entrepreneur, in order to conclude a contract of sale or commission sale is required to indicate the following data: active e-mail address, company, address data, telephone number, taxpayer identification number, name of the contact person.
6 All Works presented on the pages of the Gallery are on the Gallery with the consent and knowledge of Monika Buchalska owner of the copyright of these Works. It is forbidden to copy and distribute materials on the pages of the Gallery without the written consent and knowledge of the copyright owners. In order to obtain permission to copy or distribute materials presented on the aforementioned website, the User should contact the Gallery.
7. All prices presented on the Gallery’s websites are given in Polish zlotys (PLN) as well as they may be given in other currencies. The prices given do not include shipping costs.
8. The selling price indicated on the Gallery’s website is the price for the transfer of ownership of the Work and does not include the transfer of copyrights to the Work.
9.. In the case of sale of the Work, the author retains full copyright to the Work sold, in accordance with the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2022, item 2509, of 2024, item 1222, 1254 t.j.).
10. The Buyer shall have the opportunity – if the owner of the copyrights also expresses such a will – to acquire the property copyright in the indicated fields of exploitation for a fee, by means of a separate agreement on transfer of property copyright concluded directly with the owner of such rights.
11The Seller reserves the right to change prices and withdraw individual Works presented on the Gallery website. The change of prices or withdrawal of the Work does not apply to orders accepted for execution.
12. The conclusion of the contract of sale is reached by placing an order by the Buyer and its acceptance by the Seller. Placing an order consists in filling in a form available through the Gallery’s website and confirming the order.
13. Confirmation of acceptance of the Order, referred to in point 13 of this paragraph, binds the Customer to his/her Order. Confirmation of receipt of the Order is made by sending an e-mail message.
14. Upon receipt by the Customer of the e-mail message referred to in point 14 of this paragraph, the Sales Agreement between the Customer and the Seller is concluded.
15. The Gallery keeps the Customer informed of changes to the Order. Such information is sent to the e-mail address provided by the Customer.
16. The Gallery shall make every effort to ensure that the time for the completion of the order is as short as possible, but no longer than 14 working days from the date of the order.
17. The Buyer is obliged to examine the condition of the parcel in the presence of the person delivering the Work or immediately after collecting it from the parcel machine.
1. the Seller provides the following payment methods:
a) payment by traditional bank transfer to the Seller’s bank account,
b) payment via electronic payment systems.
2. In the case of payment by traditional bank transfer, the payment should be made to the bank account number: 75 2490 0005 0000 4000 2669 6098 (Alior Bank S.A.). In the title of the transfer, please write “Order No. …”.
3. In the case of payment via an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer.
4. the Customer is obliged to pay the price of the Sales Agreement within 3 working days from the date of its conclusion. The binding date is the date when the funds are credited to the Seller’s bank account.
5. The Work will be shipped only after it has been paid for.
1 Delivery costs of the Work, which are covered by the Customer, are determined during the process of placing the Order.
2. The delivery time of the Work consists of the time of completion, packaging and the time of delivery of the Product by the carrier:
a) the time of preparation of the Work for shipment may take up to 3 working days,
b) the delivery of the Work being a movable thing by the carrier is made within the time declared by the carrier and depends on the selected method of delivery and its location.
1 The basis and scope of the Seller’s liability to the Customer under the warranty are set out in the Civil Code Act of April 23, 1964.
2. The exercise of rights under the warranty takes into account the specificity of the products sold, which, as hand-painted paintings, have individual characteristics resulting from the technique and materials used, which choice of techniques and materials belongs to the freedom of artistic expression of its creator. The features of the painting resulting from the exercise of the freedom of artistic expression of its creator cannot constitute a physical defect.
3. The Customer is obliged to examine the product within 3 calendar days from the date of its receipt, in order to verify the compliance of the product with the contract of sale (i.e. the completeness of the order and the quality of the delivered product) and report to the Seller, within the above period, any objections. The Customer who has not reported objections within the indicated period loses the right to invoke them in the future.
4. Notification of the Work’s non-conformity with the contract and submission of the corresponding demand can be made via e-mail to: kontakt@sumi-e.art or in writing to the address: ul. Józefa Kostrzewskiego 23 m 6, 71-793 Szczecin.
5. In the notification, you should provide as much information and circumstances as possible about the subject of the complaint, in particular, the type of occurrence of irregularities and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller.
6. The Seller will respond to the Customer’s request immediately, no later than within 14 days from the moment of notification of the complaint in writing by e-mail or postal mail.
7. In the case of acknowledgment of the complaint, the Seller will refund the payment using the same method of payment used by the Buyer, unless the Buyer expressly agreed to a different method of refund that does not involve any costs for him.
(1) As the Seller is not an Entrepreneur and does not conduct business, the provisions of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2023, item 2759, of 2024, item 1222 i.e.) do not apply.
(2) In the event that one of the parties wishes to exercise its right to withdraw from the contract, the provisions of the Civil Code (Journal of Laws 2024.1061 t.j.) shall apply.
(3) If the customer submitted a statement of withdrawal before the Seller accepted his offer, it shall cease to be binding.
(4) Withdrawal from the contract of sale of a work is possible until the date on which the customer or a person designated by him other than the carrier took possession of the work (in the case of the sale of multiple items – into possession of the last of them), and in the case of other contracts from the date of their conclusion.
(5) In order to exercise the right of withdrawal, the Customer should make a statement to the Seller in this regard by sending a statement by e-mail to kontakt@sumi-e.art. A statement made in electronic form is effective from the moment it is received by the Seller, but no later than 72 hours from the moment it is sent by the Customer. The Seller shall immediately confirm to the Client receipt of the statement of withdrawal.
(6) No later than 14 calendar days from the date of receipt of the Customer’s statement of withdrawal from the contract, the Seller shall refund to the buyer all payments made by the buyer, including the cost of delivery of the Order.
7. if the order is picked up by the carrier, the amount of the returned payments will be reduced by the delivery costs.
8. the Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for him.
1 The Gallery sells Works made to the individual order of the Buyer.
2. Determination of the terms and conditions of sale of a Work made to an individual order is carried out by individual arrangements with the Buyer.
3. Determination of the terms and conditions referred to in paragraph 2 is carried out electronically, or by telephone.
1. the Service Provider makes it possible, through the Gallery, to use the Electronic Service, which is the conclusion of Contracts for Sale of the Product.
2. the provision of Electronic Services to the Service Recipients in the Gallery takes place under the terms and conditions set out in the Regulations.
3. the Service Provider has the right to post advertising content on the website of the Gallery. This content, is an integral part of the Gallery and the materials presented therein.
(1) Provision of the Electronic Service specified in § 10.1 of the Regulations by the Service Provider is free of charge.
(2) The contract for the provision of Electronic Services consisting of providing the opportunity to place an Order in the Gallery is concluded for a definite period of time and is terminated when the Order is placed or when the Service Recipient ceases to place it.
3. technical requirements necessary to work with the ICT system used by the Service Provider:
– computer (or mobile device) with access to the Internet,
– access to e-mail,
– web browser,
– enable Cookies and Javascript in the web browser.
(4) The recipient is obliged to use the Gallery in a manner consistent with the law and good morals, taking into account respect for personal property and intellectual property rights of third parties.
(5) The recipient is obliged to enter data in accordance with the facts.
6 The Seller shall make every effort to ensure that the sumi-e.art Internet Gallery and all services made available through it operate continuously without any disruption.
7 The Seller reserves the right to interfere with the technical structure of the User’s Account in order to diagnose irregularities in the functioning of the Gallery services.
8 The Seller reserves the right to temporarily, but not more than 48 h, disable some of the functionality of the Gallery in order to improve it, add services or carry out maintenance with advance notice to registered Users.
9. the User is obliged to immediately update the data provided during registration in case of any changes, and to keep secret and secure the login and password to access the User Account in such a way that no unauthorized persons have access to them.
10. the User shall not transmit unlawful content using the Gallery.
11. the Gallery presents digital images of the offered Works, making every effort to ensure that the presented images are of the highest quality and reflect the actual condition and colors of the Works to the highest degree. The Seller is not responsible for slight color differences between the online presentation and the appearance of the original Artwork, related to individual color settings of the User’s computer screen.
12. The Seller is not responsible for damages resulting from the use of the services provided, which were not caused by the Seller’s fault.
13. The Seller is not responsible for errors made by the Buyer in the order form or during registration, as a result of which the shipment did not reach the addressee, or for the consequences resulting from third parties coming into possession of the password to the User’s Account.
1. Contracts concluded through the Gallery are concluded in accordance with Polish law.
2. In the event of any part of the Regulations being inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the Regulations.
3. In the event of a dispute arising in connection with the performance of a contract concluded on the basis of the Regulations, the parties undertake to resolve it amicably acting in good faith.
4. The Gallery reserves the right to amend the Regulations. Registered Users will be notified of any change to the Regulations by e-mail with the right to terminate the agreement within 14 days. Amendments to the Rules and Regulations shall become effective upon the expiration of the notice period.
5. The Rules and Regulations are effective as of December 18, 2024.
