Terms and conditions

TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC WAY (REGULATIONS SKLEP.ATELIORA.COM; SHOP.ATELIORA.COM; BOUTIQUE.ATELIORA.COM [REFERRED ON THE SKLEP.ATELIORA.COM]

These regulations for the provision of electronic services have been prepared on the basis of art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended) and is an integral part of the contract for the sale of goods offered by the Store. The Regulations are available free of charge via the Store, the above provides the opportunity to read its contents before concluding the contract.

Online store Sklep.ateliora.com, operating at

SKLEP

SKLEP

SKLEP

is run by PIRS Piotr Schmidt, located in Wrocław, at ul. Francuska 46 (54-405), Poland, registered under VAT ID number PL8941243101; Regon 020551523

Contact with the Store is possible via:

1. electronic mail: sklep@ateliora.pro;
2. by phone: +48 728-968-300
3. in writing to the following address: PIRS Piotr Schmidt, 54-405 Wrocław, Francuska 46, Poland

The store makes the utmost efforts to ensure that the terms and conditions of sale through the above-mentioned parties shape the rights and obligations of the consumer in a manner consistent with good customs, taking into account his interests.

GLOSSARY

Shop – operated by PIRS Piotr Schmidt online store operating at: sklep.ateliora.com,  shop.ateliora.com or boutique.ateliora.com (hereinafter referred to collectively as “sklep.ateliora.com website”), with the use of which products are sold via the Internet;

Working days – all days of the week from Monday to Friday, excluding statutory holidays;

Time of order fulfillment – time in which the Store will complete the order and provide it to the carrier realizing the form of delivery chosen by the Customer;

Client – a natural person with full or limited legal capacity, a legal person or an organizational unit without legal personality, which the Law grants legal capacity, making purchases in the Store and having a Customer Account;

Consumer – a customer who is a natural person within the meaning of art. 221 of the Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121, as amended), i.e. a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity;

Consultant – a person servicing the Customer in the Customer Service Office (BOK), communicating in writing via the email address bok@ateliora.com;

Customer Account (My Account) – a database containing customer data used, inter alia, to execute orders, order history, customer preferences regarding selected functionalities of the Store, data on payments;

Traditional transfer – payment made by the Customer at the bank via an online or landline account or at the post office. Payment made before the order is processed (prepayment);

Electronic transfer – payment made by the Customer from an on-line bank account, via online payment systems. Payment made before the order is processed (prepayment);

Payment by credit card – payment made by the customer using a credit card through online payment systems. Payment made before the order is processed (prepayment);

Electronic files – digital content, photographs, training videos and other products offered for sale in the form of a file to be read on the appropriate electronic device;

PDF – a recording format that can be read after downloading to any electronic device equipped with a PDF reader;

DRM (Digital Rights Management) – digital rights management. Security system to counteract illegal, unprofitable owner of data usage rights;

Civil Code – the Act of April 23, 1964 (Journal of Laws of 2014, item 121, as amended);

Consumer Rights Act – Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827);

Act on Electronic Services – Act on Electronic Services of July 18, 2002 (Journal of Laws of 2013, item 1422, as amended);

Regulations – these regulations for the provision of electronic services (Store regulations).

I – ACCEPTANCE AND IMPLEMENTATION OF ORDERS

1. The store sells products and services via the Internet. Information about products and services is available on the store shop.ateliora.com. The offer is subject to ongoing updating.
2. Orders from customers are accepted through the website shop.ateliora.com, 7 days a week and 24 hours a day. Placing orders via the Internet is possible provided that the IT system used by the Customer meets the technical requirements.
3. To make purchases in the store it is necessary to have an active e-mail account. Information on the ordering process is provided in the HELP section on the shop.ateliora.com website – placing orders at shop.ateliora.com https://shop.ateliora.com/placing-orders
4. It is prohibited to provide illegal content by the Customer. If the Store receives an official notice or credible message about the unlawful nature of stored data provided by the Customer, the Store may prevent access to this data.
5. The registration of the Customer Account as well as the use of the functionality of the website shop.ateliora.com is free of charge.
6. In order to delete the Customer Account, inform the Store in writing or by e-mail about the will to delete it.
7. Information about products is an invitation to enter into a contract within the meaning of art. 71 of the Civil Code. The Customer, by sending an order to the Store, makes an offer to conclude a sales contract for the ordered products or services with the Store. Any payment made by the Customer shall remain until the Store sends a confirmation of acceptance of the order for execution, prepayment for the execution of the order. As a result of the order placed by the Customer, the Store sends to the Customer the specification of the order made by the Customer to the e-mail address provided by the Customer. The specification referred to in the previous sentence does not constitute confirmation of the order being accepted. Confirmation of acceptance of the order for execution will be sent to the e-mail address provided by the Customer, constituting a statement on accepting the offer referred to above, immediately after the Shop has verified the availability of products from the Store’s suppliers. At this moment, the contract of sale between the Store and the Customer for the concluded is considered.
8. By concluding a sales agreement with the Shop and accepting the provisions of the Regulations, the Customer agrees to issue and provide invoices via the Store in electronic form, in accordance with art. 106n par. 1 of the Act of March 11, 2004 on Value Added Tax (Journal of Laws of 2004, No. 54, item 535, as amended).
9. Consent to making invoices available in electronic form is tantamount to resigning from receiving invoices in paper form. However, the Customer’s acceptance of issuing and sending invoices in electronic form does not exclude the right of the Store to issue and send invoices in paper version. In the event of the Customer’s objection expressed in writing or via e-mail, the Store shall provide the Customer with a paper invoice, separately to the address to which the invoice is to be issued.
10. The store will issue an invoice when sending the order from the warehouse within 7 days. The store issues and provides invoices in electronic form in a manner guaranteeing the authenticity of their origin and the integrity of their content. Each invoice in electronic form will be made available to the Customer via e-mail to the e-mail address indicated by the Customer when placing an order or setting up a Customer Account.
11. If it is impossible to perform all or part of the order, the Store shall notify the Customer about this fact not later than within 30 days from the date of receipt by the Customer of the specification indicated in paragraph 7 above. The notification will be sent to the e-mail address provided by the Customer in the order form.
12. If it is not possible to execute part of the order referred to in paragraph 11 above, the Customer is informed about the status of the order and decides on the manner of its implementation. The store is waiting for the client’s decisions 24 hours, counting from the moment of sending an e-mail asking for a decision. In the absence of a Customer’s decision, the Store shall cancel the unavailable item order and send the product or products that are reserved for it.
13. If the entire order can not be processed, the Store will cancel the order, the Customer will receive information in accordance with paragraph 11 above.
14. If the order has been paid for by the Customer and it has been canceled in whole or in part, the Shop will refund money in the amount of canceled products or if the whole order is canceled, in the amount of the whole order, in accordance with the rules described in chapter VIII. Returns to customers
15. In the event of non-payment for the product covered by the order within 7 days from the date of confirmation of the order for execution, as referred to in paragraph 7 above, the Store will cancel the placed order, about which the Customer will be informed by sending a message to the e-mail address provided by the Customer .
16. In the event that the Customer pays for the part of the order, the paid money will be returned to his account number or card – in accordance with the rules described in chapter VIII. Returns to customers.
17. A limited number of products is intended for promotional sales and sales. Orders are processed in the order in which the orders are received, until the stocks covered by this form of sale in the store’s warehouse or its suppliers are exhausted.
18. The sales rules for electronic content, licenses and training videos are regulated in Chapter IX of the Regulations.

II – CHANGES IN ORDERS

1. Modifications regarding: Customer’s address, delivery address and instructions for returning receivables will be accepted only via the contact form after logging in to the Customer Account (My Account).
2. Address modifications will be effective only until the shipment is sent to the customer and does not apply to electronic content, licenses and training videos.

III – PRODUCT PRICES

1. All product prices posted on the website shop.ateliora.com:
2. are given depending on the choice in Polish zlotys, euros or US dollars,
3. include VAT,
4. they do not include costs regarding possible customs duties,
5. they do not include delivery costs.
6. The store reserves the right to carry out promotional campaigns, sales and changes in accordance with the regulations in force in this regard, as well as to change the price of products. The above entitlement does not affect the prices of products in orders placed before the entry into force of the price change, the conditions of promotional campaigns or sales.
7. Promotions in the Store are not subject to merger, unless the terms and conditions of the promotion provide otherwise.
   
   

IV – TIME OF ORDER COMPLETION

Physical products, such as collector’s photographs, for example, will be sent within 14 working days.

1. Delivery time is the time that elapses between the acceptance of the order and execution
2. until the moment of handing over the order from the Store to the carrier performing the delivery – only Business Days are considered. An order for products with different delivery times is sent after completing all available products of the order. The deadline for completing the package is determined on the basis of the product with the longest implementation time.
3. The current status of the order is available after logging in to the Customer Account (My Account) in the https://shop.ateliora.com/cart tab.
4. Checking the condition of the shipment and determining the nature of the violation or destruction of the packaging made in the presence of a courier or postal employee, including the preparation of a damage report, will help the Shop consider the complaint.

V – FORMS OF PAYMENTS AND FORMS OF DELIVERY AND BEGINNING OF ORDER PROCESSING

1. The Customer may choose the following payment methods for ordered products with delivery: payment in advance (prepayment) in one of the payment systems accepted by the Store – the order begins after the Shop receives confirmation of correct operation from the payment operator, in the case of a bank transfer – after receipt payment to the Store’s bank account.
2. For the payment in advance, the customer can choose one of the available payment methods by:
   1. The payment by przelewy24.pl
      
   2. The payment by PayPal
   3. Traditional transfer to a bank account.
3. Information on delivery costs, payment methods and indicative delivery time is available at: https://shop.ateliora.com/delivery-terms
   
4. Only some of the payment or delivery methods may be available for selected products.

VI – COMPLAINTS

1. The store is obliged to release the product without defects.
2. Products may be covered by a manufacturer’s or distributor’s warranty. Detailed warranty conditions and its duration are given in the warranty card issued by the guarantor. If the guarantee document provides for such a possibility, the Customer may submit his claims under the guarantee directly to an authorized service center, whose address can be found in the guarantee document.
3. The consumer may use, at his option, the warranty rights directly with the guarantor (manufacturer or distributor) at the indicated sites in accordance with the conditions contained in the warranty card or with the rights of the seller under the warranty.
4. In the case of finding a product defect and the Consumer’s use of the rights resulting from the warranty, the Consumer has the right to lodge a complaint within 2 (two) years from the date of delivery of the product and 1 (one) year from the date of finding the product defect. Under the rules set out in the Civil Code, the Consumer may request:
   • product repair,
   • replacing the product with a product free from defects,
   • lowering the product price,
   • or he may withdraw from the sales contract.
5. If any defects in the product are found, the Customer should complete the complaint form available on the website at https://shop.ateliora.com/important-information, (to prepare the form)
   and then return the product along with a complaint form containing a description of the reason for the complaint to the Store. Returning the goods to the Store can be made by sending the parcel by courier after contacting the Customer Service Office in writing or by e-mail.
6. The store is exempt from liability under the warranty for a defect, if the customer knew about the defect of the product at the time of the sale agreement with the store. The description of the product defect will always be indicated on the product page.
7. The Store shall promptly, however, within 14 days from the date of receipt of the shipment with the product complained about and the completed complaint form, address the complaint and inform the Customer about further proceedings.
8. In the case of the sale of a product between entrepreneurs on the basis of art. 558 § 1 of the Civil Code, the parties exclude the responsibility of the Store under the warranty for physical and legal defects of things, in particular, they determine that they do not bear any liability also for hidden defects of the object of sale.

VII – RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. Pursuant to the Consumer Rights Act, the Customer who is a Consumer may withdraw from the contract without giving a reason within 14 (fourteen) days from the date of delivery.
2. The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract. The statement may be submitted on the return form available on the website at:
   https://shop.ateliora.com/important-information
   
3. The consumer is obliged to return the product to the Shop immediately, at the latest within 14 days, counting from the day on which he withdrew from the contract. To meet the deadline, it is enough to return the product before its expiry.
4. Returns to the Store can be made by posting the courier after contacting the Customer Service. The parcel is sent at the expense of the Store.
5. The products should be returned unchanged, unless the change was necessary within the limits of ordinary management, i.e. the consumer should proceed with the product bearing in mind the need for its possible subsequent return. The consumer is liable for a decrease in the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
6. Consumer’s right to withdraw from the contract is not payable in the case of:
7. in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life;
8. in which the subject of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
9. in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things;
10. in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
11. delivery of Digital Content and licenses that are not stored on a tangible medium if access to the service began with the express consent of the Consumer.
12. The store refunds the amount due for the returned product within 14 (fourteen) days from the date of receipt from the Consumer a statement of withdrawal, in accordance with the rules described in point VIII of the Regulations. Under the terms of the Consumer Rights Act, the Store may withhold reimbursement of payments received from the Consumer until receipt of the items back.

VIII – REFUND OF CUSTOMERS

1. In the event of circumstances obliging the Store to return the amounts paid by the Customer to the Store, this return shall be made on the following dates:
2. in the case of a complaint within 14 days from the date of its inclusion by the Store;
3. in the event of the Consumer withdrawing from the contract within the time specified in Chapter VII point 7 of the Regulations;
4. in the event of cancellation of the order within 14 days from the date of its cancellation.
5. The payment will be returned using the same method of payment that the Consumer used when making the payment for the order. It is also possible to return via postal order.
6. In the event of withdrawal from the contract by the Consumer in accordance with the provisions of point VII of the Regulations, in the event that the consumer chose the way the Store delivers different than the cheapest method of delivery offered by the store, the store returns the cost of delivery to the consumer in the cheapest way of delivery offered by the store.
7. The Store is not liable for failure to refund or its delay if it occurred due to the Customer providing incorrect personal data (name, surname, address) or incorrect account number.
8. If a correcting invoice is issued, the invoice will be issued by the Store when the money is returned to the Customer’s account. The invoice will be sent to the Customer electronically to the e-mail address provided during the ordering process and posted on the website shop.ateliora.com in the Customer Account, in the order details, the correcting invoice for.

IX – SALE OF LICENSE ON MEDIA CONTENT.

1. Orders covering media content such as photographs in digital versions and video files refer to the purchase of licenses for the use of the above content.
2. When placing an order, the customer should familiarize himself with the technical requirements, description of the file, whether it will be suitable for the buyer’s needs.
3. The implementation of the contract containing the lyceum starts after the Store has received confirmation of the correct payment from the payment operator.
4. The customer can use the following forms of payment: credit card or electronic transfer.
5. All prices of media files posted on the website shop.ateliora.com are given for selection in Polish zlotys (PLN) , Euros (€) or US dollars ($) and include VAT tax.
6. After the Shop receives confirmation of payment, within a maximum of 12 hours, the Store will send the Customer, to the Customer’s e-mail address used to log in to the Store, information about the receipt of payment and the method of downloading the file containing media files. Downloading media files may exclude the possibility of withdrawing from the contract regarding this file on the terms set out in Chapter VII point 6 e) of the Regulations.
7. Together with the information referred to in paragraph 6 above, a VAT invoice will be made available in electronic form.
8. In the event that the execution of the order turns out to be impossible, the Store informs the Customer by sending information to the e-mail address used by the Customer to log in to the Store. If the Customer pays for the order, the Store will refund the funds paid to the bank account indicated by the Customer in accordance with the rules described in point VIII of the Regulations.
9. The store is not liable for failure to deliver an e-mail with information regarding the execution of orders, if the above is caused by reasons lying only on the part of the customer (eg a full e-mail address or an incorrect address given).
10. The customer has the right to withdraw from the contract, provided that he does not use the right described in Chapter VII point 6 e) of the Regulations.
11. In the event of withdrawal from the contract paid by the Customer, the Store will refund the funds paid to the bank account indicated by the Customer in accordance with the rules described in Chapter VIII of the Regulations.
12. Rules for the use of licenses for the use of media files:
    1. the purchase authorizes the use of media files by the Customer who purchased the file, only for its own use, subject to further restrictions specified in the Regulations and / or in the description provided at the file, including the technical protection used by the Store or another entity. Subject to the mandatory provisions of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2006 No. 90, item 631, as amended),
    2. The customer is not entitled to distribute or share the purchased media file, its fragments, copies for commercial purposes, making changes or any kind of modification of the file, removing file errors.
13. Limiting the use of media files:
    1. Prohibition of unlawful use. Content may not be used for purposes related to pornography, in a slanderous or otherwise illegal manner.
    2. Prohibition of autonomous use of files. You can not use the content in a way that allows other people to download, extract or redistribute content as a standalone file (ie the content itself, separate from a given project or final use).
    3. Prohibition of use in a trademark or logo. You can not use content as part of a trademark, model mark, trade name, business name, service mark, or logo.
    4. Prohibition of giving false statements about authorship. The user can not falsely indicate that he is the original creator of a work consisting largely of licensed contents. For example, a user can not create an image solely based on the licensed content and claim to be the author.
    5. Prohibition of use in products intended for resale. If the user does not acquire a separate extended license, he may not use the content in relation to the goods or services intended for resale or distribution, if their basic value is based on the use of content, and in particular use content for creating cards, office supplies, stationery, calendars, clothing, posters (printed on paper, canvas and other materials), DVDs, mobile applications or articles intended for resale, licensing or other distribution for profit. This includes products “on demand” (ie products in which content is chosen by third parties to match them for a specific order), in particular design of cards, mugs, t-shirts, posters and other items (including product sales through designed in this order websites and pages, such as zazzle.com and cafepress.com).
    6. Limiting the effort. If you do not acquire an extended license, you can not duplicate content more than 500,000 times in the form of a physical printout. This limitation does not apply to electronic duplication.
    7. The rights granted to the user are not transferable and are not sub-licensed, which means that the user can not transfer them to another person or grant any other person a sublicense. There are two exceptions to the above rule:
       1. Employer or customer. If you acquire a license on behalf of your employer or customer, your employer or customer has the right to use the content. In this situation, the user declares and warrants that he has full legal authority to bind the employer or the customer by the provisions of this contract. If the user does not have such authorization, then his employer or client can not use the content.
       2. Subcontractors. The user may allow his subcontractors (for example, a printing house or mailing house) or distributors to use the content in any production or distribution process related to the final project or final product. Subject subcontractors and distributors may not use the content for any other purpose.
14. Intellectual property rights.
    1. All content subject to the license is owned by the Store or the creators who provided this content. All rights not expressly granted in this agreement are reserved by shop.ateliora.com and content providers.
    2. There is no need to put information about the author of the photo in case of commercial use, but if you use the content for editorial purposes, the following information should be placed next to the content or information about visual production: “Shop.ateliora.com/Author”.
    3. If it is technically feasible, the following information should be included in visual productions: “Shop.ateliora.com/Author”.
15. Solution and cancellation of the license.
    1. Solution.
       This contract remains in force until terminated by one of the parties. The User may terminate this contract by ceasing to use the content and deleting or destroying all copies thereof. The store may terminate this contract at any time if you fail to comply with any of the provisions; in this case, the user should immediately: stop using the content, delete or destroy all copies of it and, on request, the Shop.ateliora.com, confirm in writing that these requirements have been met.
    2. The solution due to its use in social media. If the user uses content on a social media platform or other website of third parties, and such a platform or site uses (or announces that he plans to use) content for its own purposes or in a manner inconsistent with this agreement, this contract is immediately terminated.
16. Returns / Withdrawal.
    1. Reimbursement of downloaded files – shop.ateliora.com does not offer refunds for downloaded files. Returns of files will be considered only in the case of technical problems with the file, if the Store finds them to justify the return.
    2. Withdrawal of content shop.ateliora.com may cease licensing any item of content at any time, at its sole discretion. Upon receiving a notification from the site shop.ateliora.com or when the user receives a message that any content may be subject to a third party’s claim for violation, for which the service Store.ateliora.com may be responsible, the Store may require the user to immediately and at its own expense: cease using this content, remove or destroy any copies of them and ensure that its customers, distributors or employers will do likewise. Shop.ateliora.com will provide the user with replacement content (defined by the service Shop.ateliora.com according to its legitimate commercial recognition) free of charge, subject to the other provisions of this agreement.
17. Guarantee of non-infringement of the law. Your use of content in accordance with this agreement and in the form provided by Shop.ateliora.com will not violate any proprietary proprietary right, proprietary personal law, trademark or other intellectual property right, and will not violate any right to privacy or the right to the image ; in addition, all necessary permits have been obtained to use the image of people or properties that allow the use of content in a manner consistent with this agreement. The user bears sole responsibility for any changes made to the materials.
    1. The customer is entitled to lodge a complaint if:
    2. the downloaded media file is damaged,
    3. you can not download or downloaded media file does not start (after receiving an e-mail with a link to the download page and after meeting all technical requirements necessary to open the file in the format ordered),
    4. within 12 hours of making the payment, the Customer will not be given the option to download a media file. In this case, the customer should submit a complaint by sending a message to the Customer Service Office (sklep@ateliora.com) and providing the order number to which the complaint relates. Store, within 14 days of receiving the complaint, will address it and inform the customer about the method of processing the complaint.
18. To the extent not covered in this point, the provisions of the remaining points of the Regulations shall apply accordingly.

X – PERSONAL DATA

1. When using the Store (consisting of account registration, placing orders, and eventual subscription to the newsletter), the Customer provides his personal data. Providing personal data by the customer is voluntary, however, necessary to make purchases and use of these services provided by the store, which require personal data.
2. All additional arrangements regarding the management of personal data in the Store are included in the SHOP PRIVACY POLICY available at: https://shop.ateliora.com/privacy-policy
   

XI – NEWSLETTER

1. In the event of additional consent by the Customer, his personal data will be processed by the Store in order to send a Newsletter containing commercial information about new goods, promotions and services available in the Store.
2. The Newsletter will be sent to the e-mail address provided by the Customer during the registration process in the Store or in the form enabling the subscription to the Newsletter.
3. The customer may at any time opt out of receiving the newsletter by unchecking the appropriate box in the “Your account” tab (Newsletter reference) or via the Customer Service Office.

XII –  FINAL PROVISIONS

1. The sales contract is concluded between the Customer and PIRS Piotr Schmidt, 54-405 Wrocław, Francuska 46. Poland.
   
2. The store is not responsible for blocking by e-mail server administrators sending messages to the e-mail address indicated by the customer and for deleting and blocking e-mails by software installed on the computer used by the customer.
3. The Store is not liable for errors in handling the order or other instructions of the Customer, arising as a result of providing incorrect data by the Customer.
4. Any disputes between the Customer and the Store will be subject to the decision of the competent court in accordance with the Act of November 17, 1964. Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).
5. The client has the option of using out-of-court alternative dispute resolution (ADR) to ask for mediation or for resolution of a dispute to the Permanent Consumer Arbitration Court. The customer may submit an application to the appropriate Provincial Inspectorate of Trade Inspection. Detailed information, contact details and list of amicable consumer courts can be found on the website of the Office of Competition and Consumer Protection. The customer may submit his complaint via, for example, the EU online platform ODR (online dispute resolution), available at:
   http://ec.europa.eu/consumers/odr/
6. In matters not covered by the Regulations, the provisions of Polish law shall apply, in particular the Civil Code, the Act on consumer rights and the Act on the provision of electronic services.
7. The Regulations are valid from August 1, 2018.
8. The store reserves the right to change the Regulations. Any changes to the Regulations enter into force on the date indicated by the Store, not shorter than 14 days from the date they are available on the website shop.ateliora.com. Orders placed before the effective date of amendments to the Regulations are implemented on the basis of the provisions in force on the day of placing the order.