CorpseArt.eu Online Store Regulations
§1. Definitions/Company Information
I. PASSWORD - determined by the Customer during Registration, a sequence of alphanumeric characters necessary to carry out the authorization process while accessing the Account.
II. CUSTOMER - a natural person with full legal capacity or who is at least 13 years old and is not completely incapacitated, and if that person is under 18, a written consent of his or her legal representative is required, to obtain the status of a Customer, sent to the Seller at his or her e-mail address; a legal person or an organizational unit without legal personality, in which special provisions grant legal capacity and which intends to conclude or has concluded a sales agreement or an agreement for the provision of electronic services. The customer has the option of concluding a agreement for the sale of the Goods with the Seller, without prior Account registration.
III. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 2020, item 1740, as amended).
IV. CONSUMER - A customer who is a natural person who performs a legal transaction with the Seller (Sales agreement or agreement for the provision of electronic services), which is not directly related to its business or professional activity.
V. ACCOUNT - created and made available free of charge as part of the electronic service run by the Seller, a part of the website secured with a Password, in which, among others, information provided by the Customer during Account registration, information about orders for the Goods and the status of the order.
VI. GOODS - a movable item available in the Online Store that may be the subject of a Sales Agreement between the Customer and the Seller. This is an original copy of the work which is a manifestation of the Seller's creative activity as the author, and constitutes work within the meaning of art. 1 of the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws 2020, item 1062, as amended).
VII. REGULATIONS - the Online Store regulations.
VIII. REGISTRATION - an electronic, one-time procedure for setting up an Account by the Customer, requiring in particular the provision of appropriate personal data in accordance with the fields of the registration form consistent with the factual and legal status, requiring acceptance of the Regulations.
IX. ONLINE STORE (STORE) - the Seller's online store available at www.corpseart.eu through which the Customer may conclude a Sales Agreement or an Agreement for the provision of Electronic Services.
X. SELLER/SERVICE PROVIDER - Sebastian Krześniak running a business under the name Hibinimus Sebastian Krześniak, address: Jakubów 15, 05-610 Goszczyn, Poland, REGON: 672191181, NIP: 797-169-06-08; e-mail address: gallery@corpseart.eu.
XI. PARTY - Service Provider, Seller or Customer.
XII. SPECIAL INFORMATION OBLIGATIONS - up-to-date information on specific threats related to the use of the service provided by the Seller by electronic means as well as the functions and purpose of software or data that are not a component of the service content, entered by the Service Provider into the ICT system used by the Customer, provided by the Seller on the Online Store website.
XIII. SALES AGREEMENT (AGREEMENT) - a agreement for the sale of the Goods between the Customer and the Seller, as defined in the Code, which is concluded via the Online Store.
XIV. ELECTRONIC SERVICE - a free service provided entirely remotely, electronically by the Service Provider via the Online Store, and the Customer, upon commencement of using the Store, declares that he or she agrees to the provision of the service.
XV. ORDER - Customer's declaration of intent to conclude the Agreement and specifying its terms.
§2. Protection of personal data
- The administrator of the Customer's personal data taken via the Online Store is: Hibinimus Sebastian Krześniak with its registered office at Jakubów 15, 05-610 Goszczyn, REGON: 672191181, NIP: 797-169-06-08.
- The Customer's personal data taken by the Administrator via the Online Store are collected in order to implement the Sales Agreement or agreement for the provision of Electronic Services, for marketing purposes and other purposes specified in the Regulations. The data is processed only on the basis of legal provisions or consent expressed by the Customer in accordance with applicable law.
- The customer has the right to access his or her data and amend them.
- Providing personal data by the Customer is voluntary. However, failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services results in the refusal to conclude these agreements.
- The customer may consent to receive commercial information from the Seller, to the e-mail address provided by him or her.
- The Seller is not liable for damages suffered by third parties as a result of the actions of the Store's Customers, in particular providing false data or making purchases on the account of third parties.
- The personal data taken by the Seller includes such information as identification data (e.g. first name, middle name, surname, PESEL number, ID card number or other document confirming identity), address details (address of residence) and contact details (correspondence address, telephone number, e-mail address), bank account details.
- The provided personal data of customers may be made available only as follows:
a. entities to which the Seller is obliged to provide personal data on the basis of generally applicable legal provisions,
b. entities that act on behalf of the Seller and with the help of which they carry out their activities,
c. entities operating postal, courier, payment and intermediation in payments to the extent necessary for the conduct of business,
d. entities providing advisory, auditing, consulting, legal, tax, accounting and marketing services to the Seller in the scope of conducting business activities. - Personal data will be stored for the duration of the concluded agreement, and after its termination, for the time necessary in connection with legal obligations resulting from generally applicable provisions of law. In addition, the data will be stored for the time necessary to pursue claims of the Seller in connection with the conducted business or defense against claims directed against the Seller, on the basis of generally applicable law, taking into account the limitation periods for claims specified in generally applicable provisions of law.
- In relation to the processing of personal data, the Customer has the following rights:
a. right to request information on whether personal information is stored, and if so, what information is stored and for what purpose;
b. the right to request access to personal data, which makes it possible to obtain a copy of the personal information it has and to check whether the processing is carried out in accordance with the law;
c. the right to request rectification of personal information stored by the Seller, including supplementing any incomplete data and rectifying incorrect information;
d. the right to request the deletion of personal data, thanks to which it is possible to request the deletion of personal information, if there are no reasons for justifying their further processing;
e. the right to request the restriction of the processing of personal information, in connection with which you may request to suspend the processing of your personal data;
f. the right to transfer personal data, which allows the data to be downloaded in an electronic format and to be transferred to another person in an electronic format;
g. the right to object to the processing of data if the processing is based on a legitimate interest. Moreover, the Customer has the right to object if the processing of personal data takes place for direct marketing purposes;
h. the right to lodge a complaint to the President of the Personal Data Protection Office, if the Customer believes that the
processing of personal data violates the law;
i. the right to object to automated decision-making, including profiling, if any, i.e. to object to automated decision-making regarding the Customer using personal information or to object to profiling.
§3. General Provisions / Provision of Electronic Services
- The regulations resulting from these Regulations, shaping the rights and obligations of the Parties, are not intended to exclude or limit the rights of a Customer who is also a Consumer, conferred on him or her by mandatory provisions of law. The generally applicable provisions resulting from the Acts shall prevail in the event of non-compliance of the provisions of the Regulations with the provisions of law.
- The Regulations define the rules for using the Online Store by Customers.
- The Regulations are the document referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended), and also regulates the conditions for concluding Sales Agreements in the Online Store.
- The condition for the Customer to use the services offered in the Online Store is to read the Regulations and accept them. It is forbidden for the Customer to provide unlawful content.
- The Service Provider provides Electronic Services via the Online Store in the form of:
a. Customer Account in the Online Store,
b. a form enabling the submission of an Order in the Online Store. - Using the CorpseArt.eu online store is possible provided that the IT system used by the client meets the following minimum technical requirements:
a) Internet Explorer version 10.0 or newer with ActiveX support enabled, Java, JavaScript and cookie applets support or
b) Mozilla Firefox version 34.0 or later with Java, JavaScript and cookies applets enabled,
c) minimum screen resolution of 1024 x 768 pixels. - As part of the Store, the Service Provider undertakes to provide Electronic Services on the terms specified in the Regulations and in accordance with applicable law.
- Conditions for concluding agreements for the provision of Electronic Services:
a) The agreement between the Parties for the provision of Electronic Services consisting in maintaining a Customer Account in the Online Store is concluded for an indefinite period of time and subject to Registration and acceptance of these Regulations. It is necessary for the Customer to provide in the registration form at least the following data in order to carry out the Registration process: name and surname, address (street, house number, city, postal code), e-mail address, contact telephone number, and in the case of legal entities also NIP and Password.
b) The agreement for the provision of Electronic services consisting in the provision of an interactive form that allows placing an Order in the Online Store is concluded when the Service begins to be used by adding the Goods to the Customer's basket and is concluded for a fixed period until the Order is placed. - Conditions for terminating agreements for the provision of Electronic Services:
a) The customer may terminate the agreement described in paragraph 5 a) at any time and without giving reasons, by deleting the Account.
b) The Service Provider may terminate the agreement described in paragraph 5 a) in a situation where the Customer grossly or persistently violates the provisions of the Regulations, especially when providing unlawful content. Violation of the Regulations is to be unlawful and objective.
The termination may be submitted after an unsuccessful, at least one demand to stop violating the Regulations or remove violations with at least a 7-day period for ceasing to violate the Regulations, sent to the Customer's e-mail address provided during Account Registration.
Termination of the agreement takes place in such a case, after the expiry of the prescribed period, with immediate effect.
c) The Parties may also terminate the agreement for the provision of Electronic Services by mutual consent of the Parties regardless of the above-mentioned methods of terminating the agreement.
§4. Terms and Conditions for Concluding a Sales Agreement / Orders / Item prices
- All announcements, price lists and advertisements as well as other information about the Goods that are provided in the Store, including their descriptions, technical parameters, method of use and prices, constitute within the meaning of Art. 71 of the Civil Code, an invitation to conclude a sales agreement on the conditions presented.
- The online store www.corpseart.eu enables customers to:
- placing orders (purchase offers) for goods available in the online store www.corpseart.eu and concluding sales agreements remotely,
- obtaining information on goods and services available in the online store. - All information about the goods, including in particular catalogues, folders, brochures, other information or advertising materials, as well as information contained on the www.corpseart.eu website run by Hibinimus Sebastian Krześniak to recipients and potential customers, do not constitute an offer within the meaning of the law, and are only an invitation to commence negotiations.
- The price of Goods given in the Store is given in Polish Zlotys and includes all components, including VAT at the applicable rate and customs duty. The price may also be given in a different currency, but in the case of placing an Order and making a payment, the price in Polish Zlotys is binding. The price of the Goods does not include any additional costs such as deliver, shipping or return costs. The price of the delivery is indicated when placing the Order, unless the information in the Store indicates otherwise or it is clearly indicated that the delivery is free.
- The price of the Goods given on the Store's website is binding on the Customer at the time of placing the Order. The price will not change for the ordered Goods, after the Customer places the Order, regardless of price changes in the Store.
- The conclusion of the Agreement for the sale of the Goods takes place using an interactive form by means of which the Customer logs into his or her Account or can make a purchase without logging in (as a so-called guest) by selecting the Goods and placing an Order using an interactive form.
- In the case of placing an Order by a Customer who does not have an Account, he or she is obliged to provide the data necessary to place the Order i.e. name and surname or company of the legal entity, address (street, house number, town and postal code), NIP number, contact telephone number and e-mail address; e-mail to which the message confirming the submission of the Order will be sent, the Goods and their quantity and size, place and method of delivery of the Goods, and thus their cost, and method of payment.
- Placing an Order by means of an interactive form, after self-verification of the provided data, takes place at the time of approval of the Order by the Customer by selecting the "order and pay" option.
- After placing the Order, the Seller shall immediately send the Customer confirmation of placing the Order for execution but no later than within the 30th business day, to his e-mail address on the terms specified in the Order as well as the Order number. In the confirmation, the Seller may additionally indicate the cost of delivery and the bank account number to which the payment for the Goods is to be made, unless it has been previously paid via banking services related to the Store. After the Seller receives the payment for the ordered Goods, he or she proceeds to the execution of the Order.
- The online store accepts orders via the www.corpseart.eu website. Orders are processed in the order of their submission.
- The sale of the Goods is confirmed by a VAT invoice for the Customer's data provided during registration in the CorseArt.eu online store.
- The VAT invoice is sent electronically within 14 days from the delivery of the goods to the e-mail address provided when the order was placed. In the absence of a document, such an event should be reported in order to supplement the deficiencies.
- The goods are not covered by the Seller's warranty. The customer is entitled to warranty rights under the terms of the Civil Code.
- The Customer is obliged to contact the Seller by e-mail in the event of the intention to order the Seller to individually design and manufacture the Goods, i.e. at the Customer's request, in order to determine the possibility of providing the service. Information, as well as texts and files in marked formats, for the individual design of the Goods, should be made available to the Seller by e-mail immediately after the Seller's consent (sent by e-mail with confirmation of the price and deadline) for the execution of the Goods. The customer undertakes not to send data whose content violates the rights of third parties (in particular copyrights, rights to the name and surname or rights to the brand) or applicable law. Sending the data to the Seller is tantamount to releasing the Seller from any related claims of third parties, including all costs related to the need for legal representation. The seller does not check the data sent for content correctness and is not responsible for errors in this regard. The Customer is not entitled to the rights under the warranty, withdrawal from the agreement or return of the Goods, in the case of placing an individual order of the Seller, which the Seller informs about when confirming the implementation of the individual order.
§5. Payment / Payment methods
- The seller provides the following methods of payment:
a) non-cash payment consisting in an electronic transfer of funds between two bank accounts (the Seller's bank account details are indicated on the Store's website and in the e-mail sent to the Customer after placing the Order). - The Customer is obliged to pay the price under the Sales Agreement by bank transfer to the Seller's bank account within 7 calendar days from the date of receipt of the e-mail confirming the submission of the Order; the date of payment shall be the date on which the funds are credited to the Seller's bank account.
- The Goods will be sent to the Customer in the manner indicated by him or her in the Order if the bank transfer option is selected, after the funds are credited to the Seller's bank account.
- The Seller is entitled to the ownership of the Goods until it is paid for by the Customer.
§6. Supply & Delivery
- Placing an order is not tantamount to accepting it. The moment of accepting the order is considered to be the information about granting the ‘sent’ status to the ordering party. The goods ordered in the www.corpseart.eu online store are delivered through one of the available carriers selected when submitting the purchase offer.
The time of receipt of the shipment consists of:
- order fulfillment time (form of payment, packing the package);
- delivery time, depending on the chosen method of delivery. - Unless agreed otherwise, Hibinimus Sebastian Krześniak shall deliver the goods no later than 30 days from the date of the agreement (acceptance of the offer by Hibinimus Sebastian Krześniak).
- The maximum order fulfillment time is 180 calendar days from the date of payment by the Customer of the price for the Goods together with the shipping costs.
- Preparation for shipment of the ordered goods will take place within a maximum of 5 days.
- Different terms or dates and limitations of delivery existing in a specific case due to, for example, non-standard dimensions of the Goods, can be found under the marked button on the website or the offer of the given Goods.
- If the Order is placed by the Consumer, the risk of accidental loss or accidental damage to the sold item during shipment passes to the Consumer only upon handing over the item, regardless of whether the shipment was insured or not. This rule does not apply in the event that the Consumer has independently selected a carrier from outside the delivery option offered by the Seller, the carrier, or if the Consumer has entrusted the delivery of the Goods to another person. The goods, as selected by the customer, will be delivered via the carrier indicated in the Order.
- Delivery of the Goods is available on the territory of the Republic of Poland. If the delivery is to take place outside the territory of the Republic of Poland, the Customer is obliged to contact the Seller directly to check the possibility of shipping and determine the price for the delivery of the Goods.
- The shipment containing the goods is insured and sent in a protected manner, if it has been clearly indicated in the order confirmation sent by the Seller to the Customer.
- Upon receipt of the parcel containing the Goods, the Customer is obliged to check its condition, and in the event of incompleteness, visible defects and damage during transport, destruction of the Goods or violation of the integrity of the packaging, the Customer is obliged to draw up a damage report in the presence of the courier, which, together with any complaint, should be immediately sent to the Seller and the shipping carrier.
- The seller is obliged to respond to the complaint submitted to the customer within 30 calendar days. The Seller's failure to respond to the complaint shall be deemed to have been accepted. The response to the complaint is sent to the Customer to the e-mail address indicated in the Order or in the Customer Account or in writing to the return address provided by the Customer.
§7. The right to withdraw from an agreement remotely
- The Customer being a Consumer who has concluded a Sale Agreement remotely, i.e. via the Store, may withdraw from it within 14 days without giving reasons, by submitting an appropriate statement in writing. It is sufficient to send a statement before its expiry via the Polish post or via the Seller's e-mail, in order to meet this deadline, posted on the Store's website.
The Consumer's right to withdraw may be exercised by sending a written declaration of withdrawal, in the form of a specimen which is attached as Annex 1 to the Regulations. The 14-day period in which the Consumer may withdraw from the Sales Agreement is counted from the date of delivery of the Goods to the Consumer or a person designated by him or her. The Seller is obliged to confirm the receipt of the declaration of withdrawal from the Sales Agreement to the Consumer's e-mail address provided in the Customer's Account or in the Order, or in writing to the address provided by him or her. - In the event of withdrawal from the agreement, the Sales Agreement is considered as not being concluded by the Parties, i.e. the Parties are obliged to return the benefits to each other in an unchanged state, unless the change was necessary within the scope of ordinary management. The return should be made immediately, not later than within 14 calendar days.
- The cost of returning the item is borne by the Consumer.
- If the Seller has not offered to pick up the item from the Consumer him or herself, he or she may withhold the reimbursement of payments received until the item is returned or the Consumer has provided proof of its return, depending on which event occurs first. Hibinimus Sebastian Krześniak does not reimburse the Consumer for additional shipping costs from Hibinimus Sebastian Krześniak to the Consumer, i.e. other than the cheapest standard delivery method offered by Hibinimus Sebastian Krześniak (e.g. Saturday delivery, foreign shipping). The reimbursement of money including the price for the Goods is made to the bank account from which the payment was made or otherwise clearly indicated by the Customer. If there is no indication of the method of refund, it will be transferred to the Consumer's bank account.
- If the Consumer exercises the right to withdraw from the agreement after making a request in accordance with art. 15 sec. 3 and art. 21 paragraph 2 above the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827), he or she is obliged to pay for the services provided until the withdrawal from the agreement.
- The Consumer is obliged to pack and secure the Goods in an appropriate manner that will ensure no damage, and protection during transport, as well as to insure the shipment containing the secured Goods for the amount corresponding to the value of the Goods and send it as a protected shipment.
- The Consumer is obliged to return the Goods to the Seller or hand it over to the person authorized by the Seller for collection immediately, but not later than 14 days from the date on which he or she withdrew from the agreement, unless the Seller offered to collect the Goods him or herself.
- The Consumer bears only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed the Consumer about the necessity to bear these costs.
- The right to withdraw from a remote agreement is not entitled to the Consumer in the cases described in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827), including with regard to agreements:
a. provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he or she will lose the right to withdraw from the agreement;
b. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the agreement;
c. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his or her individual needs;
d. in which the subject of the service is an item that deteriorates quickly or has a short expiry date;
e. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons if the packaging has been opened after delivery;
f. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;
h. in which the Consumer has expressly requested the Seller to come to him or her for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the agreement with regard to additional services or items;
i. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
j. delivering newspapers, periodicals or magazines, with the exception of subscription agreements;
k. concluded through a public auction;
l. provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement indicates the day or period of service provision;
m. delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the agreement and after informing the Seller about the loss of the right to withdraw from the agreement. - Hibinimus Sebastian Krześniak does not apply the policy of substitute goods. Hibinimus Sebastian Krześniak - Return of goods. Due to the epidemiological situation, please contact us by e-mail before making a return. Hibinimus Sebastian Krześniak Jakubów 15, 05-610 Goszczyn, from Monday to Friday between 9.00-17.00. e-mail: gallery@corpseart.eu
§8. Quality Guarantee
- It is absolutely necessary to keep the proof of purchase of the Product issued by the Seller and attach the indicated document in the case of complaining about the goods based on the guarantee granted by Hibinimus Sebastian Krześniak.
- This quality guarantee applies to goods purchased on the basis of sales agreements concluded between Hibinimus Sebastian Krześniak with its registered office: Jakubów 15, 05-610 Goszczyn, REGON: 672191181, NIP: 797-169-06-08, and customers.
- Hibinimus Sebastian Krześniak provides the Customer with a guarantee of quality and originality for products made individually by artists, adequately to the type of materials used and the technique of the product.
- The Customer's rights under the Guarantee shall expire automatically in the event of any changes, modifications, supplements or replacements of the goods or any of its parts by the Customer or an entity other than Hibinimus Sebastian Krześniak; in the event of using the goods in a manner inconsistent with its intended use and the instructions of Hibinimus Sebastian Krześniak; in the event that the damage or defects of the goods arose as a result of: harmful radiation, any mechanical damage, or breaking holograms.
- Notification of a defect in the goods by the Customer and the initiation of the complaint procedure takes place upon receipt by Hibinimus Sebastian Krześniak of the Customer's written statement on the notification of the defect of the goods and the defective goods. The reported defect is verified by Hibinimus Sebastian Krześniak, who will determine whether the defect was not the fault of the customer. Hibinimus Sebastian Krześniak considers complaints within 30 working days of their receipt at the latest.
- If, in the course of the analysis of the validity of the complaint and inspection of the defective goods or parts thereof, Hibinimus Sebastian Krześniak states that the conditions of the Guarantee have been violated, in particular the goods or parts thereof have been modified in terms of physical or legal properties, Hibinimus Sebastian Krześniak will inform the Customer about it and by returning the defective goods to the Customer at his or her cost and risk, and the Customer is obliged to cover the costs incurred by Hibinimus Sebastian Krześniak.
- Hibinimus Sebastian Krześniak is not obliged to provide the Customer with replacement goods for the duration of the complaint procedure.
- The defective goods should be delivered by the Customer to Hibinimus Sebastian Krześniak in the original packaging in which the goods were received by the Customer, together with all the elements delivered to the Customer. The defective goods may be delivered by the Customer in a replacement package, which will ensure an appropriate level of protection of the goods during transport.
- The warranty for the sold consumer goods does not exclude, limit or suspend the rights of the Buyer towards the Seller of the consumer goods resulting from the provisions on the warranty for defects in the goods sold.
§9. Complaints procedure
- If the purchased goods contain defects, the costs of returning the shipment are covered by the Customer. The reported defect in the goods is subject to verification by Hibinimus Sebastian Krześniak, who will state whether the defect of the goods existed at the time of its release.
- Delivery of the goods as part of the complaint is unconditional.
- The customer sends information about the delivery of the goods to the following e-mail address: gallery@corpseart.eu. The customer will receive an e-mail with the address to which the goods should be sent.
- The goods should contain the original packaging for safe transport.
- It is permissible to use replacement packaging, but it should provide appropriate protection during transport.
- The goods being returned should be accompanied by proof of the conclusion of the agreement (e.g. a photocopy of the sales document). In the event of their absence, Hibinimus Sebastian Krześniak considers the complaint, provided that the sale of the goods is confirmed at Hibinimus Sebastian Krześniak.
§10. The method of delivering the goods as part of the complaint
- The customer should send the purchased goods at his or her own expense to Hibinimus Sebastian Krześniak to the previously indicated address via Poczta Polska or another operator.
- If the goods are not collected after completing the complaint procedure, Hibinimus Sebastian Krześniak is entitled to charge a fee for non-contractual storage of the goods.
§11. Final Provisions
- Agreements concluded with the Seller through the Store are in Polish.
- In dealing with the customer, Hibinimus Sebastian Krześniak uses devices for distance communication (including e-mail, telephone).
- Hibinimus Sebastian Krześniak has the right to entrust the agreement to a third party (as a subcontractor).
- Hibinimus Sebastian Krześniak is liable for defects in items. The liability rules are contained in the Civil Code.
- In relation to the sale of non-consumer goods, the seller excludes liability under the warranty.
- In matters not covered by the Regulations, the provisions of the law in force in the territory of the Republic of Poland shall apply, in particular the Civil Code, the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2020, item 344, as amended); the Act of 30 May 2014 on consumer rights (Journal of Laws 2020, item 287, as amended) and other generally applicable provisions.
- Hibinimus Sebastian Krześniak informs about the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are regulated by separate regulations (e.g. the Act of 15 December 2000 on the Trade Inspection, Journal of Laws 2001.4.25 as amended).
- Within the meaning of Art. 30 sec. 3 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827), Hibinimus Sebastian Krześniak does not provide the option of submitting a declaration of withdrawal from the agreement by electronic means.
- Pursuant to Art. 8 sec. 3 point 2 lit. b of the Act of 18 July 2002, on the provision of electronic services (Journal of Laws 2002.144.1204, as amended), posting by the Customer any illegal information or information violating good manners on the Store's websites is prohibited.
- The Seller reserves the right to amend the content of the Regulations. The amended Regulations are binding on the Customers if the requirements specified in Art. 384 of the Civil Code and the customer has not terminated the agreement of a continuous nature within 7 days. Amendments to the Regulations will not violate the acquired rights or benefits of the Customers, in particular, they will not affect the placed or implemented Orders and concluded Sales Agreements.
- Customers have access to the Regulations at any time and can download and print them out. The Regulations of the Online Store are available at: www.corpseart.eu/regulamin and are provided free of charge to the Customer (by electronic means) at each request by e-mail.
- Consolidating, securing and providing the Customer with the content of the concluded Sales Agreement and the Agreement for the provision of Electronic Services takes place through the provision of the Regulations.
- Disputes arising between the Seller and the Customer, who is also a Consumer, are subject to common courts according to the properties determined, in accordance with the general rules. Disputes arising between the Seller and the Customer, who is not also a Consumer, will be settled by a common court having jurisdiction over the registered office of the Seller.
§12. Copyright
- The goods as original copies of the work offered for sale in the www.corpseart.eu Store are a manifestation of the Seller's creative activity as their author and constitute work within the meaning of art. 1 of the Copyright and Related Rights Act of 4 February 1994 (Journal of Laws of 2020, item 1062, as amended).
- The Seller prohibits the copying of the Goods as work by any technique and in any way, and prohibits its dissemination and does not consent to any use of derivative copyrights.
- The Goods can only be used for personal use and it is forbidden to use them for commercial purposes.
- The transfer of ownership of the Goods does not transfer any economic copyrights to it.
- The Seller will not consent to any restriction of moral rights to the Goods.
- The Seller is entitled the right to remuneration in the amount indicated in this legal provision in the case of resale of the Goods, in accordance with art. 19 of the Copyright and Related Rights Act.
§13. Consent to process personal data in accordance with GDPR*
The administrator has not appointed the Data Protection Officer. The Administrator can be contacted at: Jakubów 15, 05-610 Goszczyn, e-mail address: gallery@corpseart.eu
The legal basis for the processing of your personal data is:
- contractual requirements - i.e. the need to have data available for the performance of the agreement concluded with the Administrator or to take action at your request before its conclusion (Legal basis - Article 6 (1) (b) of the GDPR),
- statutory requirements - i.e. the need for the Administrator to fulfill legal obligations resulting from legal provisions, in particular tax law (legal basis - Article 6 (1) (c) of the GDPR),
- consent - i.e. your consent to the processing of your data voluntarily (legal basis: Article 6 (1) (a),
- justified requirements of the administrator - i.e. the need to implement the legitimate interests of the Administrator (legal basis: Article 6 (1) (f) of the GDPR) in the form of the possibility of pursuing claims and defending against claims under the agreement concluded with you.
In the scope of specific categories of personal data - consent - i.e. your consent to the processing of data voluntarily expressed by you (Legal basis: Article 9 (2) (a) of the GDPR).
Based on the above legal grounds for data processing, the Administrator will process the data obtained from you for the following purposes:
- in order to prepare an Agreement concluded with you, and then - in the event of its conclusion - for its implementation, including for the purpose of handling complaints, making settlements, verifying the performance of the subject of the agreement - on the basis of contractual requirements,
- in order for the Administrator to comply with the law, in particular the provisions of tax acts - on the basis of statutory requirements,
- for the purposes indicated in the consent - on the basis of this consent - in this case, you may withdraw your consent at any time, which will not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal; however, the refusal to consent or its withdrawal will prevent the Administrator from processing your data for the purposes indicated in the consent. The consent can be withdrawn in the following way: by sending a letter to the Administrator's address; or e-mail to the following address: gallery@corpseart.eu
- in order to pursue any claims and defend against claims related to an agreement concluded with the Administrator, constituting a legally justified interest pursued by the Administrator.
Your personal data may, as part of their processing for the purposes indicated above, be made available to entities other than the Administrator, i.e .:
for purposes related to the implementation of the subject of the agreement concluded with the Administrator - entities providing services to the Administrator, e.g. IT service providers, including auditors, advisers, law firms, accountants, other authorized entities, only to the extent specified by law, other third parties only if you have consented to such disclosure.
Your personal data will not be transferred to a third country/international organization.
The period of processing your personal data is related to the above-mentioned purposes of processing. Therefore, personal data processed on the basis of legal provisions (statutory requirements) will be processed for the period necessary for the performance of the agreement concluded with the Administrator, and after this period for the period in which the law requires the data to be stored. Personal data processed on the basis of your consent will be processed until the consent is withdrawn, and after its withdrawal only for the purpose of pursuing possible claims and defending against claims for which it will be necessary to dispose of your data for the period of limitation and for the period of their limitation and compulsory storage resulting from applicable legal provisions.
The processing of the data obtained from you by the Administrator is a contractual requirement and is based on the principle of voluntary goodwill. Failure to provide your data processed on the basis of contractual requirements will prevent the conclusion of the agreement, and failure to provide data processed on the basis of your consent will prevent the achievement of the purposes for which this consent would be granted.
Be advised that in accordance with the current regulations, you have the following rights:
- The right to access data (Article 15 of the GDPR),
- The right to rectify data (Article 16 of the GDPR),
- The right to delete data ("the right to be forgotten") (Article 17 of the GDPR),
- Right to restriction of processing (Article 18 of the GDPR),
- The right to transfer data (Article 20 of the GDPR),
- Right to object (Article 21 of the GDPR).
You may exercise your rights by sending an appropriate request to the following e-mail address: gallery@corpseart.eu
The request may also be submitted by post - by sending a registered letter to the Administrator's correspondence address maintained by the Data Administrator.
You have the right to lodge a complaint with the President of the Personal Data Protection Office, if you feel that the processing of your personal data violates the provisions of the GDPR or other provisions on the processing of personal data.
* GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/ EC (general regulation on data protection), OJ L 119/1.
Annex 1 - declaration of withdrawal from the contract