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TERMS OF SERVICE

101 Projekt Contemporary Art Gallery

All Users of Service should accept and abide by the Terms of Service.

I. General provisions

The Proprietor of the Internet Shop 101 projekt Barbara Elżanowska-Rutherford is Barbara Elżanowska-Rutherford, with registered place of residence in Warsaw (01-685) Łomiańska 6, NIP: 1180013133 Regon: 00200885

Website: www.101projekt.pl or www.101projekt.com

Mail adress: galeria@101projekt.pl

Phone number: +48 890 74 08

The Terms of Service determines terms and conditions of the provision of online services by 101projekt Barbara Elżanowska-Rutherford ( hereinafter referred to as "The Gallery"), selling works of art (hereinafter reffered to as "Object") via Internet Website www.101projekt.pl / www.101projekt.com

Each person who wishes to make use of the Service should read and accept the Terms of Service. Being unaware of the Terms of Service shall not release the User from abiding by them.

Sale of Objects takes place via the Internet,and Agreement between the Gallery and contracting person (hereinafter referred to as the Customer) is a distance contract.

An Object which is placed on the Website with "Buy it now" information does not constitute an offer to sell in the meaning of the Civil Code. An electronic offer entails the Customer to the right of purchase on receipt of confirmation from the Gallery.

An Object which is placed on the Website with "zapytaj o dostępność" information does not constitute an offer to sell in meaning of Civil Code.

The Customer can be any adult person having full capacity to undertake legal transactions or an organisational units with no legal personality, but which are granted legal capacity under the law. Minors may make use of the Service only if a Customer Account was created by their parents or legal guardian on their behalf.

Each Object presented on the Website has a Certificate of Authenticity.

The Gallery does not bear the responsibility for any concealed physical and legal defects on Objects.

Each Object is presented on the Website with the consent and knowledge of the owner of this Object.

Copying, publishing, distribution of material from the Website is prohibited.

The Gallery is not legally liable for violations of copyright by third party presenting their works of art on the Website.

The Gallery resreves the right to remove Objects suspected of infringing copyright of a third party.

II. Receiving orders

The Gallery sells goods throught organized Internet shop via Internet (www.101projekt.pl/com) Orders are accepted daily, 24 hours per day, throughout the year, except for technical interruptions, failure across the network, resulting in an inability to access the Internet.

Browsing the Gallery offer does not requires registration in Services. Sending an inquiry about an Object or its availability does not require registration in Services.

Before placing an order Customer is required to register in Services, which is equal to creating an account (hereinafter referred to as Account), and is required to give personal data for the purpose of the performance of the contract. The Gallery is not responsible for erroneous data and consequences related therefrom.

If the Customer wants to create another order, and in meanwhile their personal data has changed, the Customer is obligated to make the appropriate changes to their Customer Account.

Registration is equivalent to consent with processing personal data by the Gallery. Personal data will be protected in accordance with Act dated on 29 August 1997- Protecion of personal data and privacy.

A User Account is protected by a password chosen by the Customer.

Usage of Accounts, which belong to the others Customers, or giving access to Customers' own Account are prohibited. Usage of several Accounts, if it breaks the terms of the Service Terms, is also prohibited.

Where it is suspected that a Customer has provided false data, his/her Account will be removed.

Changing the address of delivery after despatch of the packet, cannot be taken into consideration. Orders are despatched in sequence of receipt of order.

Placing an order on the Website means accepting these Terms.

The orders should be made via Internet, on Website (www.101projekt.pl/ www.101projekt.com)

In justified cases it is possible to place the order via telephone ( +48 22 89074)

III. Payments

Payment to the Gallery's bank account should be completed in 3 working days.

In justified cases prolongation to 5 working days is possible.

Customer is obligated to pay for an Object and costs of shipment.

Payment reference should state order number, surname of the artist and Object's title. In the case of non-collection of the packet, the Customer shall pay the costs of return and sending the packet again.

IV. Objects Shipment

Gallery send the Object to the Customer immediately after booking the payment.

V. Prices

Prices advertised in Object information are gross prices ( inclusive of VAT).

Advertised prices do not include shipping costs, which depend on the delivery system.

The Gallery reserves the right to change prices advertised on Website at any time. The Gallery reserves the right to add new Objects to the offer, implementation and cancellation of the promotion on Website or to add changes on Website. The Gallery will provide information about any such changes on the Website. Changes will not effect any contract in performance. The Price advertised on the Website at the moment of submitting the offer is the final price and binding for both parties.

VI. Availability of goods

All the Objects advertised on the Website, with information "Buy it now" are available.

VII. VAT invoice

The Gallery invoices on each Object in the offer. In order to receive VAT invoice Customer should fill out the respective fields on the form while placing the order. Proof of purchase and the authenticity certificate is sent with ordered Object.

VIII. Delivery time

Gallery will use the best efforts to ensure delivery time is as short as possible, not longer than 14 days.

In the case of cross-border delivery time of realization may be longer that 14 working days.

Foreign Customers should contact the Gallery before placing an offer to determined the delivery time.

The order is initiated as soon as it is placed by the Customer and completed once the payment is made.

IX. Methods of delivery

Parcel service – the Gallery will send the Object by courier to the appointed address inPoland. The customer should check the condition of the shipment before acknowledging receipt of the Object. If the Customer finds any damage to the packaging or the protective tape, the Customer should write out a complaint protocol in the presence of the courier. It should describe in detail the kind, extent, nature and location of the damage. The protocol shall be signed by the courier in a way that identifies and dates the nature of the complaint. Personal collection of an Object from the Gallery is possible only on condition that the date and time of collection has been agreed with the Gallery via telephone.

X. Methods of payment

Traditional bank transfer to the Gallery's bank account. The Object is sent after payment is credited in the Gallery bank accout.

XI. Guarantee of return

According to Article. 27 of the Act of 30 May 2014. Consumer Rights (Dz. U. of 24 June 2014.), the Customer may withdraw from the Distant Agreement within 14 days after receiving the packet provided that the Object is clean and not damaged and retains its original labeling.

The deadline to withdraw from the contract begins:

- From the date of receipt of the completed order (issue Artworks)

- From the date of receipt by the Customer of the last part of the completed order - if the order is processed in parts.

The condition to meet the deadline is that the Customer submits to the Gallery a declaration of withdrawal from the contract within the above stated time of 14 days. This submission may be sent in the form of an e-mail.  The Customer may use a pre-prepared form.

If the Customer makes a statement in electronic form, the Gallery will immediately send to the Customer confirmation of receipt of the declaration of withdrawal via a durable medium (e.g. e-mail, SMS).

Any Customer who withdraws from the contract is required to return the Artwork immediately, not later than 14 days from the date of withdrawal.

The Customer should attach the VAT invoice and certificate of authenticity to the returned Object together with a completed form of return. The costs of return are to be met by the Customer. In addition to the cost of returning the Work, the Customer is required to pay the return shipping insurance cost equivalent to the value of the purchase and to ensure adequate protection during shipment. Any failure to observe the above conditions may result in the rejection of the return. After receiving the documents, the Gallery creates a corrective invoice. In the event of cancellation the Customer shall be refunded costs incurred. If at the time of concluding the contract the Customer selects an alternative form of delivery to that offered by the Gallery which exceeds the costs of the Gallery’s preferred delivery method, the Gallery shall not be obliged to reimburse additional costs incurred by the Customer as a result of the Customer’s preferred selection. Money paid for the Object will be returned to the Customer's bank account within 7 working days, from the following day of the receipt of the Object at the Gallery's address. The Customer will be held responsible for any reduction in value to the Object as a result of its use beyond that necessary to establish the nature of the Object, its features or functionality.

XII. Complaints

If the Customer receives the Object, which does not conform with the order, he/ she should send it back on Gallery address.

If the Object is damaged in delivery the Customer should note the fact when receiving the packet or refuse to acknowledge receipt. Receiving damaged Object without objection is equivalent with receiving non-damaged packet (exept invisible damage).

Costs of returing an Object subject to a complaint will be repaid after receiving the packet and processing the complaint. All complaints will be processed within 7 working days.

The Gallery will repay to the Costumer the equivalent of the Object price or offer another Object.

The Gallery advertises digital photos and makes everz effort to best present the actual state of all Objects.

The Gallery is not responsible for small visual differences on the Website and the orginal state of the Object, related to color option on the Customers screen.

In order to return an Object, the Customer should report it within 10 days after purchase, to the mail address galeria@101projekt.pl and complete the form.

Completed and signed form shuold be send to the Gallery address at the expense of the Customer. Anz returned Object should be suitably protected.

XIII. Protection of personal data

According to the Act dated 29 August 1997 of the personal data protection, all the data collected by Gallery is confidential and used only to realize the purchase. No personal data in the internet shop system shall be provided to third paries. Every User has right to review their personal data, correct it or request discontinuation of its processing, unless data concerned in such request are indispensable for provisioning of given service.

XIV. Final provisions

If you have any questions or concerns please contact us (galeria@101projekt.pl).

In cases not provided in the Terms of Service the Civil Code applies.

Gallery reserves the right to change the Term of Service. Registered Customers will be informed via email of anz such changes. If a Customer does not agree to the changes in the Terms of Service their personal account will be removed.

The Gallery is not responsible for content in Objects,with respect to content that is especially prohibited by Law with regard to vulgar, offensive and anti-social behavioiur.

Gallery respects the right to freedom of artistic expression, which is implied by Article 73 of Polish Constitution.

Gallery reserves the right to remove Accounts belonging to persons violating these terms.