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TERMS AND CONDITIONS


I. General Provisions 

  1. Regulations define the terms and conditions of sales of works of art (hereinafter referred to as work or works) through website: www.lumarte.eu which is owned by LUMARTE Ltd., headquarteres in Raszyn 05-090, ul. Łąkowa 23, NIP: 5342485552, REGON: 146 041 431, (hereinafter referred to as the Gallery).
  2. The Gallery mediates in the sale of works of art (paintings, graphics, photography) and helps promote the artists. The Gallery provides space to present works designed and owned by the artists to promote them. All settlements between the Buyer and the artist and all the complaints shall be dealt by the Gallery.
  3. Anyone, a person or organisation, that has the legal capacity and an e-mail account can buy the work of artist through the Gallery.
  4. Buyer, creating an account in the Gallery, is obliged to consult the Rules of the Gallery and accept its contents.
  5. Lack of knowledge of the Rules does not relieve of the duties imposed by the Regulations and the terms of  the Gallery.
  6. The works presented on the site are property of Artists. The Gallery is not responsible for phisical or legal defects of the works, the differences between the actual work and the description or improper performance by the Artist. The Artist must be entitled to transfer the ownership of the work to anyone who acquire them.
  7. Notwithstanding any of these Site Terms, the Gallery reserves the right, without notice and in its sole discretion to terminate the account of any Artist.
 
II. Registration 

  1. The main condition of any purchase is fill in correctly all fields of registration form with your personal data and address and all the details that are are marked as mandatory. The registration form is available on each site of the Gallery, in the top bar menu .
  2. Gallery is not responsible for the consequences of incorrectly field forms. If you provide incorrect data, the Gallery can withdraw from the contract.
  3. After any change of the required informatin the Buyer must update them on the system. All the costs (posting, damage or loss) caused by lack of updated information will be charged to the Buyer.
 
III. Protection of personal data
 

  1. Registrating Buyers consents to the collection, processing and use of personal data by the Gallery. Personal data are protected under the Personal Protection Act of 29 August 1997, consolidated text dated 17 June 2002 (Journal of Laws No. 101, item 926. Amended.) As well as in the implementing rules issued pursuant to statutory authorization .
  2. Buyer may at any time update personal information and may also require to stop the processing of personal data referred to in paragraph 1, and to remove them from the database. The request of changes or removal can not occur in the course of the contract. Request must be made by e-mail or by post.
  3. Passing personal data is voluntary, but their absence makes it impossible to make purchases.
 
IV. Business activity of the Gallery 

  1. Main activity of the Gallery is to mediate in the sale of artistic works, through a web portal: www.lumarte.eu .
  2. The Gallery provides following forms of sales: sales of the original work, a file with a digital work, limited edition print signed by the Artist or not limited, open edition prints.
  3. Works purchased as a digital file can not be used by the Buyer for commercial purposes.
  4. The works shown on portal www.lumarte.eu and www.lumarte.pl are digital images of the works of art.
  5. The Gallery is not responsible for slight variations in color between the photo posted on the website and the original.
 
V. Procedure of purchase 

  1. The buyer places an order on the website www.lumarte.eu or www.lumarte.pl. Orders can be placed 24 hours a day, 7 days a week.
  2. Works presented on the portal www.lumarte.eu should be regarded as an invitation to tender within the meaning of Art. 661 § 3 of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item. 93. Amended). Adding work to the cart is an order - offer. Upon placing an order the work is reserved.
  3. After ordering the Gallery sends confirmation of the order via e-mail. Confirmation e-mail of the order constitutes an offer made by the Artist through the Gallery within the meaning of the Civil Code.
  4. Gallery reserves the right to withdraw the offer of individual works and change the price without notice and in its sole discretion.
  5. All prices are gross prices and are binding at the time of placing the order. For Buyers from other EU countries prices are calculated at the current exchange rate of NBP sales on the day of the order. Delivery cost is added and shall be covered by the Buyer. This includes insurance and packing charges.
  6. Failure to pay within 3 days leads to cancelation of the contract.
  7. When the payment is cleared the work will be sent to the address indicated by the Buyer.
  8. The Gallery ship all over the world. 
  9. Pack sent abroad may be subject to import charges and taxes imposed by the country of destination. All further formalities associated with receiving the consignment from the customs office are the responsibility of the Buyer.
  10. Upon receipt of shipment, Buyer should unpack it in the presence of the courier and in the event of mechanical damage caused during transportation, make a record of complaint signed by the courier. Complaints due to damage during the transportation will be considered only signed by the courier. The Gallery is not responsible for the consequences of random events, which had effect, prevented or hindered the execution of the contract.
 
VI. Return policy 

  1. According to the Act of 2 March 2000 on the protection of consumer rights and liability for damage caused by dangerous products (Journal of Laws No. 22, item . 271) Article 2, paragraph 2 , within fourteen days of receipt of goods ordered, the buyer is entitled to return without giving reasons, according to the rules resulting from the provisions on distance contracts. At this point law applies to consumer sales only, and therefore does not apply to the purchase related to the business activities. Returned goods will be accepted only if they're sent back in original packaging with the complete content, and the product itself is undamaged, and is not bearing any traces of use. Buyer pays the cost of return shipping and it's insurance as well as secure pacaging. To return shipment must be accompanied by a written statement of withdrawal from the contract and account number to which the Gallery can return payment. If the merchandise is returned in accordance with the Rules and applicable law, the Gallery will reimburse the money within 7 working days to the account specified by the customer.
  2. Guarantee and the right of withdrawal does not apply when the product is affected by external origin. Therefore, before accepting the package, you should check whether the packaging is not damaged. If the package is damaged, do not accept it, make a damage report, let the courier sign it and contact the Gallery as soon as possible. Checking the package on delivery is neccessary for the Gally to consider any claims in respect to damage or robbery during transportation.
 
VII. Copyrights
 

  1. The works have been placed on the site with the permission of the Artists or legal owners of the copyrights.
  2. Reproduction and dissemination of material posted on www.lumarte.eu without written consent and knowledge of the entities referred to in the paragraph VII, 1 is forbidden as of the provisions of the Civil Code and Act of 4 February 1994 on copyright and related rights. In order to obtain any permission to copy or distribute materials, inquiries for permission should be addressed to the Gallery.
  3. The Gallery is not liable for damages resulting from incorrect use of the offered works.
 
VIII. Final Provisions
 

  1. Gallery reserves the right to change Terms and Conditions without notice and in its sole discretion. Changes are valid from the moment of publication of the new Terms.
  2. The use and purchase of goods from www.lumarte.eu and www.lumarte.eu means accepting the above Regulations.
  3. In cases not covered by these Regulations, relevant provisions of the Civil Code apply.
  4. Any disputes arising from the implementation of this Agreement, shall be settled by the jurisdiction in Warsaw, Poland.