TERMS AND CONDITIONS OF THE ONLINE STORE
JAKUBWITTCHEN.COM

§ 1. GENERAL PROVISIONS

  1. The owner of the online store operating at www.jakubwittchen.com (hereinafter referred to as Seller) is Jakub Wittchen Fotografia, Antoniego Kosińskiego 18/7, 61-521 Poznań, NIP 9720999249, mail: info@jakubwittchen.com, phone +48512003022
  2. The Regulations set out the rules for using the Store, placing orders, executing contracts for the sale of vouchers for photo shoots, hereinafter referred to as “Vouchers”, and prints of copyrighted photographs, hereinafter referred to as “Works”, as well as the rights and obligations of the Seller and the Customer.
  3. The customer is any natural person with full legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity.
  4. An Entrepreneur is a User who performs business activity within the meaning of the provisions of the Act of July 2, 2004 on Freedom of Business Activity (Journal of Laws 2010 No. 220 item 1447, as amended).
  5. Goods in the online store jakubwittchen.com are Works and Vouchers, which can be items for sale
  6. A purchase is a transaction initiated by the Customer by placing an order, which leads to the conclusion of a sales contract between the Seller and the Buyer. The purchase is made via the Internet in the form of a contract concluded at a distance.
  7. Product information presented in the Store (Vouchers and Works) is an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, and not an offer within the meaning of Articles 66 and 66¹ of the Civil Code.
  8. A device with Internet access, a web browser and an active e-mail account are required to use the store.
  9. A prerequisite for the Store to provide services to the Customer is that the Customer has read and accepted the provisions of the Terms and Conditions.

§ 2. OBJECT OF ACTIVITY

  1. The objects of sale in the Store are:
    1. vouchers for photography sessions (hereinafter: “Vouchers”), entitling the Customer or a third party to use photography services offered by the Seller,
    2. prints of the Seller’s copyrighted photographs (hereinafter: “Works”), constituting works within the meaning of the Law on Copyright and Related Rights, sold with a certificate of authenticity issued by the Seller.
  2. The voucher is in electronic form (PDF file sent to the Customer’s e-mail address) or in paper form (sent by mail/courier).
  3. Works of art are sold in the form of physical photographic prints on paper, according to the description and choice of the Customer made during purchase in the Store.
  4. A voucher for a personal image session in the studio is valid for 6 months from the date of purchase, unless a different date is indicated on the voucher. A voucher for an underwater session at Deepspot is valid for 12 months from the date of purchase, unless a different date is indicated on the voucher.

§ 3. PLACING ORDERS AND PAYMENTS

  1. Orders can be placed via the Store’s website 7 days a week, 24 hours a day.
  2. To place an order, the customer selects a product (Voucher or Artwork), fills out the order form and makes payment using the available payment methods:
    1. quick online transfer,
    2. payment card,
    3. ctraditional bank transfer.
  3. Placing an order by the Customer constitutes an offer to conclude a sales contract with the Seller.
  4. The contract of sale is concluded upon confirmation of order acceptance by the Seller, sent to the Customer electronically at the indicated e-mail address or by telephone.
  5. The contract is considered concluded if the Store within 72 hours confirms to the Buyer the acceptance of the order for processing.
  6. Prices quoted in the Store are gross prices (including VAT).
  7. The delivery costs of the Works shall be borne by the Customer, as indicated in the Store.

§ 4. ORDER PROCESSING

  1. The electronic voucher is delivered to the customer’s e-mail address immediately after the payment is credited.
  2. The voucher in paper form is sent to the address provided by the Customer within 5 working days from the date of payment posting.
  3. Works are prepared and shipped within 21 business days from the date of payment posting, unless a different lead time is specified in the product description.
  4. Delivery costs are calculated and determined each time when placing an order. The cost of delivery is borne by the customer. Orders are delivered to the given address via a shipping company.
  5. Orders are delivered both within Poland and abroad. In the case of shipping outside the Republic of Poland, the conditions are determined individually. In the case of shipping outside the EU, the customer must take into account the possibility of increased costs due to taxes, customs duties, etc.
  6. Each Work is delivered with a named certificate of authenticity, confirming the authorship and originality of the work. The certificate is an integral part of the purchase.

§ 5. COPYRIGHT OF WORKS

  1. All Works offered in the Store are copyrighted works and are the intellectual property of the Seller.
  2. The purchase of the Work entitles the Customer only to possession of a physical copy. The purchase does not imply a transfer of economic copyright or the right to copy, reproduce, distribute or commercially exploit the Work.
  3. All property and personal copyrights remain with the Seller.
  4. The Certificate of Authenticity does not transfer the copyright to the Work to the Customer, but only confirms its originality and authorship of the Seller.

§ 6. RULES FOR USING THE VOUCHER

  1. The voucher entitles you to a photo session as described in the Store or indicated on the voucher.
  2. The timing of the photo session is determined individually with the Client, taking into account the availability of the Seller.
  3. Failure to use the voucher within the validity period will result in the loss of the right to use the service, without the right to a refund.
  4. The voucher is not exchangeable for cash.

§ 7. RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A customer who is a consumer has the right to withdraw from the contract of sale within 14 days from the date of receipt of the product (Voucher or Work), without giving any reason, by making a statement to that effect in writing or electronically.
  2. The right of withdrawal also applies to an individual entrepreneur conducting a sole proprietorship, if the contract concluded is not of a professional nature for him, arising in particular from the subject of his business activity.
  3. The right to withdraw from the contract does not apply to:
    a) Voucher that has already been realized (photo session has taken place),
    b) Work prepared according to the individual specifications of the Customer (e.g. personalized, customized printing).
  4. A customer who is not a consumer or individual entrepreneur as defined in paragraph 2 does not have the right to withdraw from the contract.
  5. The payment will be refunded using the same method of payment used by the customer, unless the customer has expressly agreed to a different method of refund.

§ 8. COMPLAINTS

  1. The Seller shall be liable to the Customer for physical and legal defects of the products sold under the terms of the Civil Code.
  2. The customer receiving the shipment should check it, confirm its condition. Preparation of a damage report on possible damage to the shipment should take place before formal collection.
  3. Complaints can be submitted electronically to the e-mail address info@jakubwittchen.com or in writing to the Seller’s registered address.
  4. The complaint should include: customer data, order number, description of the defect, photos confirming the non-conformity or objections.
  5. The seller will consider the complaint within 14 days of receipt.
  6. If the sold work has a defect, the customer may demand a replacement, remove the defect, make a statement to reduce the price or withdraw from the contract.

§ 9. PERSONAL DATA PROTECTION

  1. The administrator of the Customer’s personal data is the Seller.
  2. Customers’ personal data are processed in accordance with applicable laws, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. (RODO).
  3. Personal data is processed for the following purposes:
    a) fulfillment of orders and sales contracts (Article 6(1)(b) RODO),
    b) fulfillment of legal obligations incumbent on the Seller (e.g. accounting, taxes – Article 6(1)(c) RODO),
    c) handling of complaints and possible claims (Article 6(1)(f) RODO),
    d) marketing of the Seller’s own products and services – only with the consent of the Client (Article 6(1)(a) RODO).
  4. Recipients of the data may be entities providing services to the Seller:
    1. Delivery (courier companies, postal service),
    2. Payment (online payment operators, banks),
    3. accounting and IT.
  5. Personal data is kept for a period of time:
    1. necessary for the performance of the contract and accounting obligations (min. 5 years according to tax regulations),
    2. in the case of data processed on the basis of consent – until it is revoked.
  6. The customer has the right to:
    1. access to their personal data,
    2. Their rectification, deletion, restriction of processing,
    3. data portability,
    4. revoke consent at any time,
    5. object to the processing of data,
    6. lodge a complaint with the President of the Office for Personal Data Protection (PUODO).
  7. Provision of personal data is voluntary, but necessary to complete the order.
  8. Customers’ personal data will not be transferred to third countries (outside the EU) or international organizations, unless it is required for the execution of the order and the Customer is informed about it in advance.
  9. The Seller uses appropriate technical and organizational measures to ensure the protection of personal data, including safeguards to protect the data from unauthorized access.

§ 10. FINAL PROVISIONS

  1. Regulations are available on the Store’s website.
  2. The Seller reserves the right to change the Terms and Conditions for important reasons (e.g. change of laws, change of payment methods). Changes do not affect the acquired rights of Customers.
  3. In matters not covered by the Regulations, the provisions of Polish law, in particular the Civil Code, the Law on Consumer Rights and the Law on Copyright and Related Rights shall apply.
  4. Disputes arising from contracts concluded under these Regulations shall be resolved by common courts of competent jurisdiction in accordance with the provisions of law.

Privacy Policy

Jakub Wittchen Photography
address: 18/7 Antoniego Kosińskiego St., 61-521 Poznań
e-mail: info@jakubwittchen.com

 

1. data controller

The administrator of the personal data is Jakub Wittchen Fotografia (“Administrator”).

2 Scope and purposes of processing

The data is processed for the purpose of:

  • The execution of orders (Article 6(1)(b) of the RODO),
  • Claims handling, invoicing and accounting (letter c),
  • Customer contact, response to inquiries (letter f),
  • Marketing of its own services, only with consent (letter a).

3 Data recipients

Data can be transferred:

  • courier companies, payment operators, accounting, website host,
  • Only to the extent necessary for the performance of services.

4. storage time

The data is stored:

  • For the duration of the contract,
  • Then for 5 years for tax purposes,
  • and in the case of marketing consent – to revoke it.

5. user rights

You have the right to: access, rectification, deletion, restriction of processing, data portability, objection, and withdrawal of consent at any time.
You also have the right to lodge a complaint with the President of the Office for Personal Data Protection (2 Stawki Street, 00-193 Warsaw).

6 Voluntariness of providing data

Provision of data is voluntary, but necessary for the conclusion and execution of the contract.

7 Cookies

The site uses cookies for technical (session memory, shopping cart), statistical and marketing purposes.
You can change the cookie settings in your browser at any time.
Marketing and analytical cookies are used only with your consent.

8 Profiling

The administrator does not use automated decision-making or profiling.

9 Transfers of data outside the EEA

Data is not transferred outside the European Economic Area, unless it is necessary for the execution of the order, in which case it is done on the basis of standard contractual clauses approved by the European Commission.

10. data security

The Administrator uses appropriate technical and organizational measures to protect data (including SSL connection encryption, server security and access control).