Julia Kowacic Photography

Regulations

§ 1. General

  1. This document states conditions of sales of licensed and copyrighted materials defined hereafter (“Sales”) organised by JULIA KOWACIC PHOTOGRAPHY located in 83-330 Skrzeszewo, ul. Andrzeja Grubby 3 , POLAND, VAT i.d.: PL8481090008, REGON: 380597012 (“Seller”).
  2. Definitions used in the present Terms and Conditions mean:
    1. Client – a person, a legal entity or organisation without legal representation that orders or plans to order from the Seller, uses other services offered by the Seller by use of Seller’s website, including also a Consumer of the aforementioned.
    2. Consumer – a person that orders or plans to order from the Seller, uses other services offered by the Seller by use of Seller’s website for purpose that is not directly associated with Consumer’s job or business activity.
    3. Licensed Material – any images, films, videos, audio records, images created optically, electronically, digitally or in any other way including those made by use of photographic negatives, slides, imprints, printings, original digital files or their copies as well as any other products or creations protected by copyrights, trademark, patent or intellectual property rights. Licensed Material may be used only in accordance with conditions stated in license contracts suitable for specific kinds of Licensed Materials as available at website http://juliakowacic.com/licencja.php.
    4. Invoice – electronically generated or physically printed document issued by the Seller, including information on party granting a licence, selected Licensed Material(s) and corresponding price of granted license (“License Fee”).
    5. Website juliakowcic.com – on-line service http://juliakowacic.com run by the Seller.

§ 2. PLACING ORDERS

  1. The Seller sells Licensed Materials – among the others – on Internet.
  2. Orders are received via web service juliakowacic.com.

§ 3. PRICES

  1. Prices of Licensed Materials listed in KOWACIC PHOTOGRAPHY.pl are given In EURO currency
    and do include VAT 0%.
  2. Final amount (including 0% VAT – Under “art. 113 ust. 1 ustawy z dnia 11.03.2004 r. o podatku
    od towarów i usług (Dz. U. z dnia 21 listopada 201 r., poz. 2174, z późn. zm.), sales are subject
    to VAT exemption”) is stated at order form and proforma document as well as at payment details
    stated during on-line payment processing.
  3. Price given for particular Licensed Material is valid at the moment of order placing done by Client.
    The Seller reserves the right of prices updates for any materials available in the offer, introducing
    new products and services into the offer, starting and terminating promotional offers on their
    website as well as introducing amendments in the aforementioned.

§ 4. PAYMENT

  1. Payment terms for materials selected by Client during order placing is:
    1. On-line payment (by credit card, debit card, wire transfer, etc.) by use of Paypal service.

§ 5. ORDER PROCESSING

  1. The Seller starts processing an order for Licensed Materials once positive confirmation of payment from Paypal service is received.
  2. Purchased Licensed Material is delivered to Client by:
    1. Attachment to E-mail sent to address specified by the Client during order placing, or
    2. Sharing a file on ftp server, or
    3. Sharing an Internet address where the selected file may be downloaded from.
  3. Placing an order and completing a payment means that all terms and conditions of licence associated with selected Licensed Material have been approved by the Client.
  4. Orders placed on working days from 9:00 thru 17:00 will be processed within 24 hours from reception of positive payment confirmation.

§ 6. COMPLAINTS AND LIABILITY

  1. Client may raise a complaint in case of:
    1. Delivered Licensed Material is damaged.
    2. Licensed Material is not delivered within time specified in § 5 par. 4 after positive payment confirmation from Paypal service.
  2. A claim should content: name and surname or company details (name, address, VAT i.d.) of Client raising a complaint as well as detailed and accurate reason of the claim.
  3. Claims should be sent via email to address juliakowacic@gmail.com with subject “Complaint”.
  4. The Seller will recognise a claim and communicate their statement to Client within 14 days upon its reception by sending email to address from which the claim was received.
  5. The Seller will not bear any responsibility for acts or situations that were not caused by their direct activity or which reasons remain beyond Seller’s reasonable control.
  6. The Seller will investigate claims and make decisions basing on this Terms and Conditions as well as current state of law.
  7. Should all measures provided by this Terms and Conditions not bring a solution satisfying Client’s claims, such Client has right of raising a lawsuit in front of a court of law and according to jurisdiction appropriate for Seller’s residence.

§ 7. DISTANCE SELLING CONTRACT CANCELLATION RIGHT

  1. Client being a Consumer has right of distance selling contract cancellation without giving reason, by submitting proper written statement within 10 days as specified in par. 10, l. 1 of regulation dated March 2nd, 2000 (Dz. U. Nr 22, poz. 271) with limitations specified in par. 3 and 4 hereafter.
  2. The Client’s right of cancellation of distance selling contract does not apply to purchase contract which subjects are audio and/or video records recorded on digital data storage measures after removing their original packing (art. 10, par. 3 l. 2 of the aforementioned regulation). The Consumer’s right of returning Licensed Materials does not apply to selling products and services in the form of “file sent be email” or “file for download” due to specific character of such product (art. 10 par. 3 l. 5 of the aforementioned regulation).
  3. Concerning Licensed Materials in form of electronic file, a Client has no right of selling contract cancellation if:
    1. Licensed Material was downloaded, or
    2. The Client had a possibility of downloading Licensed Material by receiving from the Seller an email with attachment being a Licensed Material, or
    3. The Client received from the Seller an Internet address where the selected file might have been downloaded from.

§ 8. PAYMENT RETURN

Payments made for undelivered or damaged Licensed Materials will be returned to Client’s bank account or to credit card account if they were properly made and completed, respectively by bank transfer made according to proforma document issued by the Seller and sent to Client or by credit card.

In case of payment return made to credit card account or to bank account from which a wire transfer by Paypal service was made, the amount will be reduced by 2% handling fee.

§ 9. TERMS AND CONDITIONS AMENDMENTS

The Seller reserves the right of amending Terms and Conditions in any time, without prior notice and without giving reasons.