REGULAMIN | sklep PIX.HOUSE

All proceeds from the sale of products in the store are allocated to purposes outlined in the statutory provisions of the PIX.HOUSE Foundation. We promote, support, and popularize photography. 

 

TERMS AND CONDITIONS

Of the Online Store

PIX.HOUSE Foundation 

§ 1 General Provisions

  1. These Terms and Conditions constitute the legal basis defining the rules for using the PIX.HOUSE Foundation Online Store. PIX.HOUSE Foundation

  2. By making purchases in the PIX.HOUSE Foundation Online Store, the Buyer accepts these Terms and Conditions and agrees to comply with them.

  3. All funds obtained from the sale of products in the store are allocated for the statutory purposes of the PIX.HOUSE Foundation: 

    1. Promoting and fostering culture and art, protecting cultural assets and national heritage, particularly in the field of photography and audiovisual arts;
    2. Supporting the development and dissemination of culture and art;
    3. Increasing public access to culture and art
    4. Developing and supporting creative communities and creators
    5. Promoting photography, audiovisual media, and reportage as tools for describing and explaining the surrounding world;
    6. Popularizing photography as an art form and a medium of communication;
    7. Education and training in photography, audiovisual media, culture, and art, and supporting actions aimed at the development of science and education in these fields;
    8. Fostering culture and photographic knowledge as well as knowledge in audiovisual media;
    9. Promoting art;
    10. Supporting cultural activities, interdisciplinary actions utilizing photography, audiovisual media, or art to achieve other socially beneficial goals, such as:
    1. promoting and protecting human rights and civil liberties, as well as supporting the development of democracy;
    2. Activities for national and ethnic minorities, the regional language, and the integration of foreigners;
    3. Upholding and disseminating national traditions, developing national, civic, and cultural awareness, and promoting the Republic of Poland abroad;
    4. Supporting the development of local communities;
    5. Activities for European integration and developing contacts and cooperation between societies;
    6. Promoting equal rights for women and men, assisting those at risk of social exclusion and the elderly, and preventing addictions and social pathologies;
    7. Ecology and animal protection, as well as the protection of natural heritage;
    8. Activities supporting economic development, technological development, invention, and innovation, and disseminating and implementing technical solutions in economic practice;
    9. Activities for science, higher education, education, and upbringingDue to the purpose for which the funds from the sale of products are used, the PIX.HOUSE Foundation kindly asks Buyers to make thoughtful purchases.

§ 2 Definitions

Terms written with capital letters used in these Terms and Conditions have the following meanings:

  1. Store | the online store operating at www.pix.house/store, operated and administered by the PIX.HOUSE Foundation based in Poznań (61-493), at 71 Saperska Street, REGON: 364541538, NIP: 7831742676, contact phone: +48 607 290 671, email: galeria@pix.house, registered in the register of entrepreneurs and the register of associations, other social and professional organizations, foundations, and independent public healthcare institutions under KRS number: 0000619731, hereinafter referred to as PIX.HOUSE FOUNDATION)

  2. Product | a movable item sold through the Store;

  3. Buyer | a natural person who has reached the age of 18 and has full legal capacity, a legal person, or an organizational unit without legal personality but able to acquire rights and incur obligations on its own behalf, making purchases in the Store. Buyers can also include individuals aged 13 to 18 to the extent they can acquire rights and incur obligations in accordance with applicable law;

  4. Consumer | a Buyer who is a natural person making a legal transaction within the Store that is not directly related to their business or professional activity;

  5. Entrepreneur | a Buyer who is a natural person making purchases through the Store in connection with their business or professional activity, a legal person, or an organizational unit without legal personality but able to acquire rights and incur obligations on its own behalf, conducting business or professional activities on their own behalf;

  6. Sale | the procedure leading to the conclusion of a sales agreement for Products between the Buyer and the Seller. Sales are conducted online under the terms specified in these Terms and Conditions;

  7. Seller | the online store operating at www.pix.house/store, managed and administered by the PIX.HOUSE Foundation based in Poznań (61-493), at 71 Saperska Street, REGON: 364541538, NIP: 7831742676, contact phone: +48 607 290 671, email: galeria@pix.house, registered under KRS number: 0000619731 (hereinafter referred to as PIX.HOUSE FOUNDATION);)

  8. Terms and Conditions these regulations defining the rules for using the Store;

  9. GDPR / RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).

§ 3 Technical Conditions for Using the Store

  1. Using the Store via the Internet is possible provided that the Buyer’s IT system meets the following minimum technical requirements:

  1. Operating system: Windows, Linux (with a graphical console), or Mac OS;

  2. Hard disk: 8.0 GB of free space;

  3. Graphics card: 256 MB memory supporting a resolution of 1024×768;

  4. Internet connection with a minimum bandwidth of 512 kbit/s for downloading information and 128 kbit/s for uploading information;

  5. Przeglądarka internetowa: Internet browser: Internet Explorer version no older than IE8, Mozilla Firefox version no older than Firefox 22, Google Chrome version no older than Chrome 28; supporting JavaScript version no older than 1.5;

  6. Control devices: keyboard, mouse, touchscreen. ekran dotykowy.

  1. The Store is not responsible for blocking email transmission by mail server administrators to the address provided by the Buyer or for deleting and blocking emails by software installed on the computer or other devices used by the Buyer.

§ 4 Registration and Rules for Using the Store

  1. To make purchases in the Store, it is necessary to have an active email account.

  2. Placing orders is possible after creating a user account by filling out the form available on www.pix.house/store, where the Buyer must provide their name and surname (or company name), correspondence address, email address, contact phone number, and accept these Terms and Conditions. For one-time purchases, creating a user account is not required – the order form must be correctly filled out, and the terms and costs of delivery accepted.

  3. After filling out the form, a confirmation email containing a password for the account will be sent to the provided email address. For security reasons, the password should be changed after the first login.

  4. During registration or while completing a one-time order form, the Buyer is obligated to provide true and complete information.

  5. The shipping address provided during user account creation becomes the default address used for order fulfillment; for each order, the Buyer will have the option to provide a different shipping address. When providing a business address, the company name must also be included.

  6. By making purchases using their user account, the Buyer can update their contact details at any time and gain access to their purchase history. Purchase history for unregistered users is not recorded as data necessary for fulfilling the order is stored in the Store’s database only for the duration of the specific order.

  7. The Buyer is prohibited from entering unlawful content in forms available on the Store’s website.

  8. The Buyer or another person using the Store must independently ensure access to IT and telecommunications means enabling access to the Store and acquire the skills necessary for using the Internet and accessing the Store. They also bear the costs of Internet access and equipment related to using the Internet and the www.pix.house/store website.

  9. The PIX.HOUSE Foundation does not consent to the use of any graphic elements belonging to the Store. Copyright to the Store’s graphic elements belongs to the PIX.HOUSE Foundation.

§ 5 Procedure for Concluding a Sales Agreement and Placing Orders

  1. Information about Products displayed on the www.pix.house/store website does not constitute a commercial offer within the meaning of the Civil Code but is an invitation to submit offers.

  2. By sending an order for a Product via the Store, the Buyer submits an offer to conclude a sales agreement.

  3. To place an order, the Buyer must choose:

  1. The Products being ordered and their quantity;

  2. The delivery method and address for delivery, as well as the address for the invoice or receipt;

  3. The payment method.

  1. The confirmation of the order received from the Store to the Buyer’s provided email address constitutes an acceptance of the offer mentioned above, leading to the conclusion of a sales agreement between the Buyer and the PIX.HOUSE Foundation.

  2. The email mentioned in paragraph 4 above will include the bank account number for payment if the chosen shipping method is not cash on delivery or if electronic payment has not been made.

  3. The quantity of Products offered through the Store is variable and subject to continuous updates.

  4. Orders are processed in the order they are received until stock is depleted. In the event of unavailability of items covered by the Buyer’s order in the warehouse, from Store suppliers, or for other reasons and the inability to fulfill the Buyer’s order, the Store will inform the Buyer no later than within 14 (fourteen) days from the date of the agreement and will refund the amount paid. Notification will be sent to the email address provided by the Buyer in the order form.

§ 6 Rights and Obligations of the Buyer

  1. By placing an order, the Buyer declares that they have the legal capacity to enter into obligations under these Terms and Conditions. The PIX.HOUSE Foundation is not obligated to verify the legal capacity of Buyers or other persons visiting the Store. Therefore, if a Product is ordered by a person without at least limited legal capacity, those responsible for them (especially parents or guardians) bear full responsibility for the order and payment.

  2. The Buyer is responsible for providing the correct and complete shipping address.

  3. The Seller declares that they have legal title to all Products offered through the Store and are authorized to dispose of them.

  4. The Seller is fully responsible for the offered Products, their safety, compliance with applicable laws, descriptions, photos, and information, as well as all actions related to sales conducted via www.pix.house/store. 

  5. The Seller sends the ordered Products in accordance with the provisions of § 8 of the Regulations and is obliged to pack the shipped Product in an appropriate manner to ensure safe delivery to the Buyer.

§ 7 Prices, Payments, and Order Cancellation

  1. The total cost of an order includes the price of the Product and the shipping cost. The Product price displayed on www.pix.house/store is binding at the time of placing an order.

  2. All Product prices displayed on the Store's website:

  1. Are quoted in Polish zloty (PLN),

  2. Include VAT,

  3. Do not include delivery costs.

  1. The delivery cost depends on the delivery method chosen by the Buyer.

  2. The Buyer may select the following payment methods for ordered Products:

  1. Cash on delivery: The order is processed after the order placement is completed. This option is available only if the Buyer is a Consumer, and the shipment is made within Poland;;

  2. Bank transfer: The order is processed after the payment is credited to the Store’s bank account;

  3. Electronic payment via credit card or e-transfer: The order is processed after the Store receives confirmation of the successful transaction from the payment operator.

  1. For payments specified in point 3(b) above, the Buyer must make the payment to the Store's bank account, which is provided in the email confirming the order placement, with the reference: Order No. […]. Payment must be made within five days from the date the Store sends the order confirmation email.

  2. If the Buyer does not make the payment within the timeframe specified in section 5 above, the Store will send a reminder email regarding the need to complete the payment. The reminder email will grant the Buyer an additional five-day deadline, after which the order will be considered canceled.

  3. Transactions with credit cards and e-transfers are processed via PRZELEWY24. These services are provided by DialCom24 Sp. z o.o., 60-327 Poznań, ul. Kanclerska 15, NIP 781-173-38-52, REGON 634509164, registered in the District Court of Poznań, VIII Commercial Division of the National Court Register, under KRS No. 0000306513, with a share capital of 1,697,000 PLN, based on the Terms of Service available at: https://www.przelewy24.pl/regulamin.

  4. The order may also be canceled or modified at the request of the Buyer if submitted before the Product is shipped by the Seller. The request should be sent to galeria@pix.house.

  5. The Store ships purchased Products within a maximum of seven days from the date of contract conclusion in the case of cash-on-delivery payments. In other cases, the Product is shipped within a maximum of seven days from the date the payment is credited to the Store's bank account. The delivery time by the courier depends on the selected shipping method and is determined by the terms and conditions of the Polish Post S.A. or the courier company. 

§ 8 Delivery

  1. Ordered Products may be delivered via Polish Post or a courier company. Courier deliveries are available only within Poland. 

  2. The Buyer may also collect ordered products in person. Personal pickup is available at the PIX.HOUSE bookstore, located at 35 Głogowska Street, Poznań,

    Tuesday to Saturday from 1:00 PM to 7:00 PM.

  3. Detailed delivery terms are determined by the service conditions of Polish Post S.A. and the courier company.

  4. If the order is not delivered, the Buyer must notify the Store via email at galeria@pix.house. The Buyer should take into account that delivery times may vary depending on the chosen delivery provider.

  5. In case of undelivered orders, the Store will promptly file a complaint with the delivery provider.

  6. If the complaint is approved by the delivery provider, the Store will immediately refund the full amount paid by the Buyer. The relevant provisions of § 9(6-8) of these Terms and Conditions shall apply accordingly.

  7. If the Product is found to be damaged during transport, the Buyer must notify the Store via email at galeria@pix.house along with a damage report, if available.

  8. To facilitate the resolution of complaints regarding damage to the Product during transport, the Buyer should, if possible, have a damage report prepared with the courier or postal worker upon receiving the package.

  9. Once the Store receives the damage report or notification of the transport damage, it will promptly initiate a complaint process with the shipping company.

  10. If the complaint is approved by the delivery provider, the Store will immediately refund the full amount paid by the Buyer. The relevant provisions of § 9(6-8) of these Terms and Conditions shall apply accordingly.

§ 9 Right to Withdraw from the Contract

  1. The provisions of this § 9 apply if the Buyer is a Consumer, unless otherwise stated in these Terms and Conditions.

  2. The Consumer may withdraw from the sales contract without providing a reason within 14 days from the date of receiving the order. If the right of withdrawal is exercised, the contract is considered void, and all goods and payments exchanged must be returned in an unchanged state, except where the change was necessary within normal management.

  3. A written withdrawal statement must be submitted and sent to the Store's address specified in these Terms and Conditions. 

  4. The returned Product must be sent back to the Store no later than 14 days from the date the withdrawal statement was submitted. The returned Product may be sent together with the withdrawal statement. The PIX.HOUSE Foundation kindly requests Buyers to include proof of purchase with the returned Product.

  5. The payment made by the Consumer will be refunded by the Store no later than 14 days from the date of receipt of the withdrawal statement.

  6. If the Buyer made the payment via credit card or electronic transfer, the refund will be issued to the card or bank account used for the original payment. For payments made via traditional bank transfer or cash on delivery, the refund will be sent to the bank account specified by the Buyer in the withdrawal statement or via postal transfer, depending on the Buyer's preference.

  7. The Store is not responsible for failure to process a refund or delays in processing a refund if the Consumer, despite being requested to do so via email, does not provide the bank account number for the refund or fails to provide all necessary data required for the refund.

  8. The Store is not responsible for failure to process a refund or delays caused by the Buyer providing incorrect personal details (name, address) or an incorrect bank account number.

  9. The refunded amount includes the original purchase price of the Product and any delivery costs paid by the Buyer, except that the Buyer bears the cost of returning the Product to the Store.

  10. The right to withdraw from the contract under this § 9, in accordance with Article 11(3) of the Act of March 2, 2000, on the protection of certain consumer rights and liability for damage caused by dangerous products, does not apply to:

    1. Custom orders tailored to the Consumer’s specifications or clearly personalized;

    2. Audiovisual or visual recordings and data carriers if their original packaging has been opened by the Consumer;

    3. Services that have begun, with the Consumer’s consent, before the 10-day withdrawal period expires;

    4. Contracts for services where the price or remuneration depends solely on fluctuations in the financial market;

    5. Goods that, due to their nature, cannot be returned or are subject to rapid deterioration;

    6. Delivery of press publications;

    7. Gambling services.

§ 10 Complaints

  1. The Seller has a legal obligation to ensure that the Products are in compliance with the sales contract concluded with the Consumer. The Seller is liable to the Buyer who is a Consumer for any non-conformity of the goods (Product) with the contract to the extent specified below.

  2. A Product is deemed non-compliant with the contract if:

  1. It does not match the description provided by the Seller or does not have the features shown in a sample presented to the Buyer;

  2. It is unfit for the purpose specified by the Buyer at the time of the contract, unless the Seller objected to such use;

  3. It is not suitable for the usual purposes of goods of its kind and does not exhibit the qualities normally associated with such goods;

  4. does not meet the expectations regarding goods of this type, based on publicly made assurances of the Seller, the manufacturer or its representative and the person who introduces the consumer goods into domestic circulation within the scope of their business activities, the person who presents himself as the manufacturer by placing his name, trademark or other distinguishing mark on the goods (in particular, assurances expressed in the marking of the goods or advertising relating to the properties of the goods, including the period in which the goods are to retain them, are taken into account);

  5. has not been properly installed and put into operation, if these activities were performed as part of the sales contract by the Seller or by a person for whom the Seller is responsible or by the buyer according to the instructions received at the time of sale;

  6. it does not have other features that have been agreed in a specific contract or that it should have under the contract.

  1. The Seller shall not be liable for any non-conformity of the Product with the contract if the Buyer was aware of or should have been aware of the non-conformity at the time of conclusion of the contract.

  2. The basis for a complaint cannot be differences in the appearance of the Product resulting from the Buyer's monitor settings, i.e. color, tint, shades, resolution. Before placing an order, the Buyer should ask the Seller about any doubts regarding the Product (e.g. dimensions, materials, etc.).

  3. In order to exercise the rights to make a complaint regarding the non-conformity of the Product with the contract, the Buyer should notify the Store of this non-conformity within 2 months of its discovery. In relation to food products, the deadline for making the notification in question is indicated in paragraph 6. These rights are available within 2 (two) years from the date of delivery of the Product to the Buyer.

  4. The Buyer loses the rights arising from the non-conformity of the food product with the contract if he/she fails to notify the Store immediately after finding the non-conformity of the product with the contract, but no later than:

    1. within 3 days from the date of opening the packaging in the case of prepackaged goods within the meaning of Art. 2 item 15 of the Act of 6 September 2001 on prepackaged goods (Journal of Laws No. 128, item 1409):

  • marked with the use-by date or minimum durability date, in accordance with the provisions of the Act of 11 May 2001 on the health conditions of food and nutrition (Journal of Laws No. 63, item 634 and No. 128, item 1408 and of 2002 No. 135, item 1145 and No. 166, item 1362),

  • for which no date of minimum durability or use-by date is specified;

    1. within 3 days from the date of sale or receipt of the goods in the case of goods sold in bulk, delivered to the buyer's place of residence.

  1. Notification of non-conformity with the contract should be made no later than the date of minimum durability of the goods or their expiration date. This condition does not apply to the goods listed in paragraph 6, for which no date of minimum durability or expiration date has been set.

  2. Complaints procedure:

  1. The complained Product should be delivered to the Store address indicated in these Regulations along with a description of the complaint. The description of the complaint should include a description of the non-conformity of the Product with the contract and the Buyer's preferred method of settling the complaint: repair, replacement with a new one, refund of part or all of the monetary benefits, i.e. price, shipping costs and costs of returning the Product to the Seller. 

  1. The decision to accept or reject the complaint, as well as the method of its handling, will be communicated to the Buyer by e-mail no later than 14 days from the date of filing the complaint, i.e. from the date of receipt by the Seller of the parcel with the complained Product. If the complaint is accepted, the damaged Product will be repaired or replaced with another, full-value Product. If this is not possible (for example, due to stock depletion), the Store will reduce the price of the Product at the Buyer's request. If the non-conformity of the goods with the contract is significant, the Buyer will be able to withdraw from the contract, in which case the Store will return the equivalent of the price of the Product to the Buyer, together with the shipping costs.

  2. The return of the repaired and new goods and the refund of the money to the Buyer will take place immediately, no later than within 7 working days from the date of communicating the decision on the complaint submitted by the Buyer to the Buyer.

  3. The provisions of § 9, paragraphs 6-8 of the Regulations shall apply accordingly to the principles of refunding monetary benefits to the Buyer.

  4. If the Products are covered by a manufacturer's or distributor's warranty, the detailed warranty conditions and duration will be provided in the warranty card issued by the guarantor.

  5. The warranty for the sold Product constituting consumer goods does not exclude, limit or suspend the Consumer's rights resulting from the non-conformity of the goods with the contract specified in paragraphs 1-9 of this § 10. The warranty rights and the rights to which the Buyer is entitled from the Seller due to the non-conformity of the goods with the contract are independent of each other.

  6. The provisions of this § 10 regarding rights arising from the non-conformity of the goods with the contract shall not apply if the Buyer is not a Consumer.

  7. In the situation described in section 11 above, the regulations regarding warranty and guarantee contained in the Civil Code shall apply.

§ 11 Personal Data Protection

  1. The administrator of the Buyers’ personal data is the PIX.HOUSE Foundation, headquartered in Poznań (61-493), at 71 Saperska Street, REGON: 364541538, NIP: 7831742676, contact phone: +48 607 290 671, email: galeria@pix.house, registered in the register of entrepreneurs and associations, other social and professional organizations, foundations, and independent public health institutions under KRS number: 0000619731 (hereinafter referred to as PIX.HOUSE FOUNDATION).

  2. Personal data is protected in accordance with the Personal Data Protection Act of August 29, 1997 (Journal of Laws No. 101 of 2002, item 926, as amended) in a manner preventing access by third parties.

  3. Personal data is processed in the Store in compliance with the provisions of the Act of August 29, 1997, on personal data protection and Articles 16-22 of the Act of July 18, 2002, on electronic service provision, for purposes related to commercial and service activities.

  4. By creating a user account or placing a one-time order, the Buyer consents to the inclusion of their personal data in the Store's database and its processing for the purpose of fulfilling the sales contract. Providing personal data is voluntary, but failure to consent to its processing prevents order fulfillment.

  5. In accordance with the GDPR, please read our POLITYKĄ PRYWATNOŚCI

§ 12 Cookies Policy

  1. The Store uses cookies.

  2. Cookies (so-called "small text files") are information data, particularly text files, stored on the Buyer’s or another user's device when using the www.pix.house/store website. Cookies include, among other things, the website name, the duration of storage on the device, and a unique identifier.

  3. By using the Store, the Buyer consents to the use of cookies in accordance with current browser settings.

  4. Cookies are used for:

  1. Customizing the Store’s website content to the Buyer’s preferences and optimizing website usage; in particular, these files allow the Store to recognize the Buyer’s device and properly display the website tailored to individual needs;

  2. Creating statistics that help understand how users interact with the Store’s website, allowing for improvements in functionality;

  3. Maintaining the session of the Buyer or another user of the Store’s website (after logging in), ensuring they do not have to re-enter login credentials on each page.

  1. The Store uses two main types of cookies: session cookies (temporary files stored on the Buyer’s device until logging out, leaving the website, or closing the software) and persistent cookies (stored on the Buyer’s device for a specified period or until deleted).

 

§ 13 Final Provisions

  1. Disputes between the Foundation and a Buyer who is a Consumer, as defined by Article 22[1] of the Civil Code, shall be resolved by competent courts in accordance with the provisions of the Civil Procedure Code.
  2. Disputes between the Foundation and a Buyer who is not a Consumer, as defined by Article 22[1] of the Civil Code, shall be resolved by the court competent for the Foundation’s registered office.
  3. Matters not regulated by these Terms and Conditions shall be governed by the Civil Code and applicable Polish law, as well as European Union law, particularly GDPR.
  4. The Buyer has the right to use out-of-court complaint and redress procedures. Complaints may be submitted via the EU ODR platform available at: http://www.ec.europa.eu/consumers/odr.