Terms of sale

1. Seller and contact

The seller is Krzysztof Lewandowski, a natural person running an unregistered business, correspondence address: al. Waszyngtona 65 m. 8, 04-074 Warszawa, Polska, e-mail: lewandowski.malarstwo@gmail.com. The e-mail address is for enquiries, statements and complaints.

2. Scope

These terms set out how distance contracts are concluded for: (a) the sale of finished, original paintings; (b) painting a work to individual agreement; and (c) painting or personalising an object, including an object supplied by the customer. The site has no shopping cart and no automated ordering process. Mandatory law, including consumer protection law, takes precedence over these terms.

3. Enquiry and conclusion of the contract

The customer sends an enquiry through the form or by e-mail. The seller makes an offer stating, as applicable: the description and scope of the work, the total price, the costs and method of delivery or collection, the expected date, the payment method and the essential terms of performance. The contract is concluded when the customer accepts a specific offer by e-mail or in another unambiguous way agreed by the parties. The seller sends confirmation of the agreed terms on a durable medium, in particular by e-mail. The customer should check the offer before accepting it.

4. Prices and payment

Prices of available finished works are shown next to the works. The price binding for a specific contract, the currency, any deposit, the payment deadline and delivery costs are stated in the offer. Payment is made by bank transfer or in cash on personal collection, if that option has been agreed. A deposit is due only if its amount and deadline have been agreed in advance. Before accepting the offer, the customer is informed of all known costs, including delivery.

5. Delivery and collection

Delivery, date, cost, packaging and any personal collection are agreed in the offer. Availability of shipping to a given country is confirmed before the contract is concluded. If the customer is a consumer, the risk of accidental loss or damage passes to them in accordance with applicable law, as a rule when the consumer or a person they have designated, other than the carrier, takes possession of the goods.

6. Right of withdrawal: finished paintings

A consumer, and a natural person concluding a contract directly related to their business where the contract is not of a professional nature for them, may as a rule withdraw from a distance contract within 14 days without giving a reason. For the sale of goods, the period runs from when the consumer or a person they have designated, other than the carrier, takes possession of the goods.

To withdraw, send an unambiguous statement to the seller's e-mail or correspondence address before the period expires. You may use the form at the end of these terms, but you do not have to.

If the withdrawal is effective, the seller refunds the payments received, including the cost of the cheapest standard delivery offered for the order. The refund is made without undue delay and no later than 14 days after the statement is received. The seller may withhold the refund until the goods have been received back or proof of their return has been provided, whichever is earlier. The refund is made using the same means of payment, unless the customer expressly agrees to another means at no extra cost.

The customer returns the goods without undue delay and no later than 14 days after withdrawing, and bears the direct cost of return if informed of this beforehand. The customer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

7. Personalised works and services made to order

The right of withdrawal may not apply to goods that are not prefabricated, are made to the consumer's specifications or serve their individual needs, to the extent set out in Art. 38 of the Polish Consumer Rights Act. This exception applies only when the actual nature of the order meets the statutory conditions; calling a work “commissioned” is not enough.

If the contract covers a painting or personalisation service that is to begin before 14 days have passed since the contract was concluded, it begins at the consumer's express request made on a durable medium. The consumer is informed of the obligation to pay for what has been provided up to the time of withdrawal and that, once the service has been fully performed, they may lose the right of withdrawal if, before it began, they gave the required express consent and acknowledged the loss of that right. The seller keeps these statements with the order documentation.

If an order combines a service and goods, the rights are assessed according to the actual subject of the contract and the applicable law. Before the contract is concluded, the seller will inform the customer of any exception to the right of withdrawal.

8. Complaints and conformity with the contract

The seller is liable to the consumer for the conformity of the goods with the contract under the Polish Consumer Rights Act. Statutory liability is not excluded by the handmade nature of the work. Natural artistic features, differences resulting from handwork and differences in how colours appear on screens are not in themselves a lack of conformity if they were fairly described before the contract was concluded and the goods match the agreed features. This does not limit your rights in the event of an actual lack of conformity.

A complaint can be made by e-mail to lewandowski.malarstwo@gmail.com or in writing to the correspondence address. It helps to include details identifying the order, describe the problem and state your request; photos may help, but not having them does not in itself take away the right to complain.

If the goods do not conform to the contract, the consumer may request repair or replacement, subject to the statutory conditions, including feasibility and proportionality of costs. The seller may refuse the chosen way of bringing the goods into conformity only in cases provided for by law. The consumer may request a price reduction or withdraw from the contract where the statutory conditions are met, in particular where the seller has refused to bring the goods into conformity, has not done so in accordance with the law, the lack of conformity persists, or it is serious enough to justify the remedy.

I respond to a complaint within 14 days of receiving it, where the law provides for such a period. No response within that period, in cases covered by the statutory obligation, means the complaint is accepted. These provisions do not limit rights granted by mandatory law.

If the customer hands over their own object for painting, before the contract is concluded the parties agree on the object's condition, the scope of the work, how it is handed over and collected, and responsibility for transport. The customer should report known damage and features of the object that may affect the work.

9. Copyright

Buying a physical painting does not transfer the economic copyright or the right to reproduce it. A transfer of rights or a licence requires a separate agreement.

10. Out-of-court dispute resolution

A consumer may ask a municipal or district consumer ombudsman for help or use the available statutory out-of-court dispute resolution methods, including procedures run by the competent Trade Inspection office, where available for the matter. Taking part in such proceedings is voluntary unless the law provides otherwise. I do not link to the EU ODR platform, as it has been closed.

11. Governing law

Polish law applies to the contract, provided that a consumer living in another country does not lose the protection of the mandatory provisions that would apply without this clause. If any provision of these terms proves invalid, this does not affect the other provisions to the extent permitted by law.

12. Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: Krzysztof Lewandowski, al. Waszyngtona 65 m. 8, 04-074 Warszawa, Polska; e-mail: lewandowski.malarstwo@gmail.com.

I hereby give notice that I withdraw from the contract for the sale of the following goods / the contract for the following service:

• Date the contract was concluded:
• Date the goods were received (if applicable):
• Consumer's name:
• Consumer's address:
• Consumer's signature (only if this form is on paper):
• Date:

13. Request to start a service within 14 days

If the consumer wants a painting or personalisation service to start before 14 days have passed since the contract was concluded, they can send a separate message reading:

“I expressly request that the agreed service start before 14 days have passed since the contract was concluded. I acknowledge that if I withdraw from the contract I will have to pay for what has been provided up to the time of withdrawal, and that once the service has been fully performed I may lose the right of withdrawal if the statutory conditions are met.”

For a service where the law requires separate consent to the loss of the right of withdrawal after full performance, the seller will obtain that consent and acknowledgement before the service begins.