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GENERAL INFORMATION

  1. These Terms and Conditions have been drawn up on the basis of legal regulations in force on the territory of the Republic of Poland. These Terms and Conditions, together with the legal regulations, govern the use of the Most Unique Art online gallery available at www.mostuniqueart.com.
  2. The owner and operator of the Most Unique Art online gallery (hereinafter referred to as the Seller or the Gallery) is the B42 Michał Junik Company with its registered office in Warszawa, post code 03-286, ul. Malborska 3/119, registered in the Central Register and Information on Economic Activity kept by the Minister of Development, NIP [Tax ID]: 7732087441 Regon no.: 100691780.
  3. Buyers can quickly and efficiently contact the Gallery via email at: michal@mostuniqueart.com. Mailing address: Warszawa 03-286, ulica Malborska 3/119, or by phone at ….

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DEFINITIONS

  1. Most Unique Art – Internet website, available at the following domain address www.mostuniqueart.comowned by the Gallery, by means of which the Gallery presents the Artists’ artworks, conducts retail sales enabling Customers to purchase them and promotes the Artists and their Artworks.
  2. Artist – a person of full legal age, having legal capacity, being the author of the Artworks for sale at Most Unique Art. For the purposes of these Terms and Conditions, the Artist shall also be deemed a legal person or an organizational unit without legal personality, with the capacity to acquire rights and incur obligations on its own behalf, whose works are intended for sale at Most Unique Art.
  3. User /Consumer – an entity using the Most Unique Art functionality, for which services are provided by the Seller. Users of the website may be persons of legal age with legal capacity, a legal entity or an organizational unit without legal personality, with the capacity to acquire rights and incur obligations on its own behalf, reserving or purchasing an Artist’s Artwork from the Gallery.
  4. Artwork – an object designed and (or) made by the Artist. Description and photographs of the Artwork are presented at Most Unique Art.
  5. Order – a declaration of purchase of the Artwork made by adding the Artwork to the cart, payment of the price of the Artwork and payment of delivery costs.
  6. Sale – contract of sale of the Artwork posted at Most Unique Art, including the conclusion of a distance contract between the Customer and the Gallery, by crediting the Gallery’s bank account with the Customer’s payment and not exercising the Seller’s right to withdraw the Artwork within the period referred to in § 6 (3) (2).
  7. Customer – a User on whose behalf the Gallery has sold the Artwork.
  8. Business day – any day from Monday to Friday excluding public holidays in the Republic of Poland.
  9. These Terms and Conditions set out the rules for the operation of the Most Unique Art. The provision of the services set out in the Terms and Conditions is conditional upon reading and accepting all of its provisions.
  10. The technical condition required to use the services is the User’s access to a web browser, access to the Internet and an active e-mail address.

 

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RIGHTS AND OBLIGATIONS OF THE GALLERY

  1. The Gallery promotes Artists and sells Artworks created by them on its own account. The Gallery may also act as an intermediary in the realization of Artworks on the User’s individual order on behalf, for the account, and to the benefit of the Artist, and carry out the sale of the work under a consignment agreement.
  2. Gallery is a party to the transaction with the User, i.e. is a party to the contract of sale.
  3. The subject of the services provided by the Gallery is the sale of Artworks, preparation of offers, negotiations and handling of payments on its own behalf.
  4. The information posted on Most Unique Art is only an invitation to make an offer within the meaning of the provision of Article 71 of the Polish Civil Code and does not constitute an offer within the meaning of the provision of Article 66 § 1 or 543 of the Polish Act of 23 April 1964 – Civil Code (Journal of Laws of 2023, item 1610, as amended; hereinafter the Civil Code).
  5. All artworks presented on the Most Unique Art Gallery website are placed there with the consent and knowledge of the copyright owners of these artworks (hereinafter referred to as the Artists). It is forbidden to copy and distribute materials posted on the Most Unique Art website without the written permission and knowledge of the copyright owners. To obtain permission to copy or distribute materials presented on the aforementioned website, the User should contact the Gallery at: michal@mostuniqueart.com.
  6. The Gallery presents digital images of the offered Artworks, making every effort to ensure that the images presented are of the highest quality and reflect the actual condition and colors of the Artworks as accurately as possible. The Seller is not responsible for slight color differences between the online presentation and the appearance of the original Artwork, related to the individual color settings of the User’s computer screen.
  7. Artists retain full copyright to the Artwork sold, in accordance with the Polish Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2022, item 2509, as amended).
  8. The Gallery reserves the right to disable temporarily, but not more than for 48 h, some of the Gallery’s functionality in order to improve it, add services or perform maintenance
  9. The Gallery is not responsible for errors made by the User in the order form or during registration, if it is only due to such errors that the parcel has not reached its addressee.
  10. The Gallery does not make a supply of goods within the meaning of Article 7 of the Polish Act of 11 March 2004 on Tax on Goods and Services.
  11. The Gallery reserves the right to change prices and withdraw individual Artworks presented on the Gallery website. The change in the price of the Artwork does not apply to already confirmed orders.
  12. The Gallery may refuse to sell the Artwork to the User if:
  1. the Gallery no longer has the Artwork available,
  2. The User fails to provide correct address details enabling the effective delivery of the Artwork,
  3. the User fails to make a due payment within the indicated time.
  1. The Gallery undertakes to make every effort to ensure that its offer including Artworks is reliable and up-to-date.
  2. The Gallery is obliged to provide the goods free from physical and legal defects.
  3. The Gallery is obliged to pay on behalf of the User the remuneration due to the delivery company for the collection and delivery of goods to the User.
  4. In the case of a complaint or return of purchased goods by the User, the Gallery shall return the price of goods paid by the User together with the costs of delivery incurred by the User.
  5. The Gallery guarantees strict protection of personal data and its processing for the purpose of order fulfillment or for the purposes to which the User has voluntarily consented, with observance of the personal data security requirement specified in the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 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, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Polish Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2019, item1781). The Gallery provides the opportunity to correct or delete the entered data.

 

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RIGHTS AND OBLIGATIONS OF THE USER

  1. In accordance with the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2023, item 2759, as amended), the Buyer who is a Consumer has the right to withdraw from the contract of sale without giving reasons, within 14 calendar days from the date of delivery of the goods.
  2. Before each Order is sent, the User should familiarize themselves with the presentation of the Artwork by carefully reading the descriptions and viewing the photos included in the tab of each Artwork. If the User has any questions or doubts regarding the Artwork or the rules of its purchase, the User should contact the Gallery by writing to the following e-mail address michal@mostuniqueart.com, also published on Most Unique Art website.
  3. When placing an Order, the User should correctly fill in all fields of the order form and provide their actual contact details. Failure to complete the Order form or failure by the User to confirm the offer sent by the Gallery in response to the Order will be tantamount to withdrawal from the purchase and will result in the Order being canceled by the Gallery.
  4. The User is obliged to read these Terms and Conditions before placing an Order. Use of Most Unique Art by the User implies that the User has accepted the Terms and Conditions without reservation.

 

6
WITHDRAWAL FROM THE CONTRACT OF SALE

  1. In accordance with the Polish Act of 30 May 2014 on Consumer Rights, the User who is a Consumer has the right to withdraw from the contract of sale without giving reasons, within 14 calendar days from the date of delivery of the goods, i.e. taking possession of the product by the Consumer. To meet the deadline it is sufficient to send the statement before the deadline (in addition, please notify us of your desire to make a return before the deadline to the following email address: michal@mostuniqueart.com).
  2. Withdrawal is made by submitting a declaration of withdrawal, in particular using a form, and sent by e-mail, to michal@mostuniqueart.com.

Contract of sale withdrawal form template:

•Date

•Consumer’s full name

•Consumer’s address

•Declaration / information on withdrawal from the contract of sale of the following items

•Date of receipt of goods (from carrier/pick-up point)

•Specification of the request: please refund the money to the designated bank account

•I declare that I have familiarized myself with the conditions of returning goods specified in the Gallery’s Terms and Conditions

•Please return the money to bank account no.

•Consumer’s signature (if this form is sent in paper form)

  1. The Seller shall immediately send the Consumer a confirmation of receipt of the statement of intent to withdraw from the contract of sale, to the e-mail address indicated by the Consumer.
  2. The Consumer has the right to withdraw from the contract without incurring delivery costs, except:
  1. additional costs incurred by the Consumer in connection with the choice of a method of delivery other than the cheapest ordinary means of delivery offered by the Seller, and
  2. the cost of returning the items if, due to their nature, the items cannot be returned by mail in the usual manner.
  1. The right to withdraw from a distance contract of sale referred to in paragraph 1 is not available to the Consumer in the cases specified in Article 38 of the Polish Act on Consumer Rights, and in particular with respect to contracts:
  1. for the provision of services, if the contractor has provided the service in full with the express consent of the Consumer, who prior to the commencement of provision of the service had been informed, that he/she would lose his/her right to withdraw from the contract once the contractor had provided the service;
  2. where the subject of the service is a non-prefabricated item, produced to the consumer’s specifications or to meet their individualized needs;
  3. where the subject of the service is a rapidly deteriorating or short-life item;
  4. where the subject of the service is supplied in a sealed packaging, which, after opening the packaging, cannot be returned for health or hygiene reasons if the packaging has been opened after delivery;
  5. the subject of which are things which, after delivery, by their nature, become inseparably connected with other things;
  6. the subject of which are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
  7. for the supply of digital content which is not recorded on a tangible medium, if performance of the service has begun with the consumer’s express consent before the expiry of the withdrawal period and after the contractor has informed him/her of the loss of the right of withdrawal.
  1. If the Consumer exercises the right to withdraw from the contract, the Consumer is obliged to return the goods to the Seller immediately, i.e. no later than within 14 days to the address of the Gallery. The consumer may also return the goods by handing them over to a person authorized by the Seller for collection, observing the aforementioned deadlines. To maintain the deadline, it is sufficient to send the items back before its expiry.
  2. The Consumer chooses the method of returning the goods and bears the direct costs of returning the goods (shipping costs) with a view to choosing such a method that the goods reach the Seller in an undamaged condition.
  3. The Consumer is liable for any diminished value of the goods arising from its use beyond the what is necessary to establish the nature, characteristics and functioning of the goods.
  4. The Seller shall, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by them, including the costs of delivery of the goods, subject to paragraph 5. The Seller shall refund the payment using the same method of payment as the one used by the Consumer, unless the Consumer has expressly agreed to another method of refund which does not involve any costs for them.
  5. If the Seller has not proposed that it shall collect the goods from the Consumer personally, the Seller may withhold the reimbursement of payments received from the Consumer until receipt of the goods, or until the consumer supplies evidence of goods return, depending on which event occurs first.
  6. The Seller does not accept COD shipments.

 

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PRINCIPLES AND ORDER OF PURCHASE

  1. Most Unique Art accepts Orders 24 hours a day, on all days of the year. Orders placed on Sundays and bank holidays shall be processed in the order in which they are placed on the first Business Day following the day on which the Order was placed.
  2. The Seller reserves the right to change prices and withdraw individual Artworks presented on the Gallery website. The change in the price of the Artwork does not apply to already confirmed orders.
  3. Ordering process:
  • Step 1 – the User places an Order and pays the price of the Artwork and the cost of delivery of the Artwork to the Gallery’s account, which is a confirmation of the conclusion of the contract by the User. Upon receipt of payment by the Gallery, the Artwork acquires the “Reserved” status.
  • Step 2 – Gallery checks the availability of the Artwork and within 48 hours informs the Client about commencing the order fulfillment or withdrawal of the Artwork from the offer. If the Artwork is withdrawn from the offer after the Order has been placed, the User shall not be entitled to any claims against the Gallery, with the exception of a claim for reimbursement of the paid price of the Artwork and the cost of delivery of the Artwork. In this case, the Gallery will make a refund within 14 Days to the bank account from which the payment was made.
  • Step 3 – The Gallery confirms to the User by email the acceptance of the order, specifying the deadline,
  • Step 5 – delivery of the Artwork to the User by the carrier.
  1. The user places an Order by completing and sending the order form for the selected Artwork after adding the Artwork to the “cart”, which represents the intention to purchase. Upon placing the Order, the Artwork acquires the “Reserved” status. Placing the Order does not constitute the conclusion of a contract of sale or any other contract and does not bind either party. The submission of the form is for information purposes only. The Gallery checks the availability of the Artwork within 48 hours of placing the order, and if the Artwork put up for sale is available – the Gallery sends the User a confirmation of acceptance of the Order for fulfillment. In confirmation of order acceptance, the Gallery informs the User about the availability of the Artwork, the cost of purchase and delivery of the Artwork. Confirmation of the availability of the Artwork by the Gallery results in the conclusion of a contract of sale of the Artwork with the Customer. However, if the ordered Artwork is not available, the Gallery informs the User that the transaction cannot be completed and cancels the Order and refunds the money paid by the User.
  1. The Gallery continuously informs the User about the progress of the order fulfillment process. This information is sent to the e-mail address provided by the Customer.
  2. The order fulfillment time is individually agreed upon with the Customer via email. The Gallery will make every effort to ensure that the ordered Artworks will reach the User in perfect condition and within the agreed time limit. The delivery date is calculated from the date the Gallery confirms the availability of the Artwork. The Gallery will make every effort to ensure that the order fulfillment time is as short as possible but not longer than 30 business days.

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PAYMENT AND DELIVERY OF THE ARTWORK

  1. The payment should be made directly upon placing the Order. Payment of the price is a necessary condition for the dispositive effect of the concluded contract of sale.
  2. Purchases at the Gallery can be paid for using methods available at www.mostuniqueart.com.
  3. The Artwork is sent once the amount of payment for the Artwork and for the delivery costs has been credited to the Seller’s bank account and the Gallery has confirmed the availability of the Artwork.
  4. The Artworks ordered are delivered at the expense of the Customer. Shipping costs are detailed at www.mostuniqueart.com.
  5. The Gallery delivers the ordered Artwork by courier shipments.
  6. The Gallery undertakes to deliver the goods free from physical and legal defects.

 

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COMPLAINTS 

  1. The Customer has the right to lodge a complaint regarding the performance of the contract of sale. The complaint should be submitted to the e-mail address: michal@mostuniqueart.com. In the event of finding defects in the sold item, the Seller shall bear the liability specified in particular in the provisions of Articles 556 and 5561-5563 et seq. of the Civil Code.
  2. The complaint report should, although it is not a requirement for considering the complaint, be submitted on a legibly filled out form containing:
  1. Full name
  2. e-mail address or mailing address, 
  3. description of the problem/nonconformity,
  4. the date of conclusion of the contract giving rise to the complaint,
  5. damage report, including the subject of the complaint and the circumstances justifying the complaint, drawn up in the presence of the courier,
  6. a photograph of the damage (possible in electronic form),
  7. specification of the request regarding the manner of handling the complaint.
  1. Adhering to the provisions of paragraph 2 will facilitate and expedite the handling of the complaint.
  2. If the data provided in the complaint is insufficient for its consideration, the Seller requests the complainant to supplement it in the specified scope.
  3. Complaints can be submitted by email at: michal@mostuniqueart.com or by regular mail to: B42 Michał Junik with registered office in Warszawa, post code 03-286, ul. Malborska 3/119. The complaint will be processed within 14 days from the date of its receipt.

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PERSONAL DATA PROTECTION

  1. The Controller of your personal data processed by Most Unique Art within the scope of the services provided is B42 Michał Junik with its registered office in Warszawa, post code 03-286, ul. Malborska 3/119, registered in the Central Register and Information on Economic Activity kept by the Minister of Development, NIP [Tax ID]: 7732087441 Regon no.: 100691780, using the email address: michal@mostuniqueart.com.
  2. Personal data will be processed based on legal regulations and your consent for the purpose of concluding and executing the contract of sale at your request, including handling any complaints and settling the contract, sending newsletters, and contacting our store. Detailed information regarding the processing of Customers’ personal data by the Gallery can be found in the Privacy Policy of the Website and is an integral part of these Terms and Conditions.
  3. Your personal data may be disclosed to external entities participating in the execution of the concluded contract of sale: banking service providers, legal entities, IT service providers (maintaining the website and IT systems), courier companies, accounting services providers, marketing services providers, invoicing software providers.
  4. The Controller reserves the right to disclose selected information concerning the User to competent authorities or third parties requesting such information, based on the appropriate legal basis and in accordance with the provisions of the applicable law, in particular to organizational units of the Prosecutor’s Office, Police, President of the Office for Personal Data Protection, President of the Office of Competition and Consumer Protection, or President of the Office of Electronic Communications.
  5. Data will not be transferred outside the European Economic Area or to international organizations.
  6. Personal data will be processed until the withdrawal of consent, if any, and after such withdrawal, for the period of limitation of claims due to or against the Data Controller under concluded contracts or until their expiration.
  7. You have the right to access your personal data, to rectification, to erasure, to restriction of processing.
  8. You have the right to object to further processing and, and in the case of consent to processing, to withdraw it. The exercise of the right of withdrawal shall not affect processing carried out until the withdrawal of the consent.
  9. You have the right to data portability, especially regarding transaction history.
  10. You have the right to lodge a complaint with the supervisory authority.
  11. You may exercise the rights referred to in paragraphs 7, 8, 9, 10́ by contacting us by e-mail: michal@mostuniqueart.com.
  12. Personal data of Users are subject to legal protection Data are particularly protected, and in particular, technical and organizational measures are applied to prevent data loss, damage, or destruction, and to prevent access by third parties or their processing in violation of the law.
  13. The Controller also informs about automated decision-making, including profiling based on analysis of sales history and activity on the website, in order to provide personalized offers.
  14. The Gallery collects only those data that are necessary for the proper provision of the services offered.
  15. The Controller reserves the right to retain data such as the time and IP address of the User’s login and to disclose them to the Police and Prosecutor’s Office, as well as data necessary for settling the services provided until their settlement.
  16. The Personal Data Controller processes data in accordance with Polish and European Law, in particular with 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, and repealing Directive 95/46/EC (General Data Protection Regulation) GDPR.

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CONFIDENTIALITY CLAUSE

  1. The User undertakes to keep confidential all information acquired during negotiations or after the conclusion of a contract of sale or a contract for specific work with the Artist.
  2. The following is not considered confidential information:
  • information that is publicly available, provided that it did not become publicly available as a result of a breach of these Terms and Conditions,
  • information provided by the Gallery or the Artist, as to which the Gallery or the Artist has consented in writing to its disclosure.
  1. The Users shall be exempted from maintaining the confidentiality of Confidential Information if the obligation to disclose such information arises from applicable law.

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REPORTING THREATS OR VIOLATION OF RIGHTS

  1. In the event that the User or any other person or entity believes that the content published on the Most Unique Art website violates their rights, personal interests, good morals, feelings, morality, beliefs, fair competition, know-how, secrets protected by law or under an obligation, they should notify the Gallery of the potential violation.
  2. Upon notification of a potential infringement, the Gallery takes immediate action to remove from the Most Unique Art website any content causing violation.
  3.  

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FINAL PROVISIONS AND AMENDMENT OF TERMS AND CONDITIONS

  1. Use of Most Unique Art is tantamount to acceptance of these Terms and Conditions.
  2. If one of the provisions of these Terms and Conditions is declared invalid or unenforceable by a final judgment, the remaining provisions shall be valid and remain in effect.
  3. In the event of a dispute arising in connection with the performance of a contract entered into under these Terms and Conditions, the parties undertake to resolve it amicably, acting in good faith.
  4. In the event of the inability to reach an agreement as indicated in paragraph 3, the court having jurisdiction for the settlement of the dispute shall be the court having jurisdiction for the seat of the Gallery. The preceding sentence does not apply to disputes to which the Consumer is a party. The Buyer may also use out-of-court methods of complaint resolution (mediation, arbitration) and claim enforcement. Notwithstanding the above, the Consumer may seek assistance from the municipal (district) consumer ombudsman. All necessary information in this regard can be obtained from the website of the Office of Competition and Consumer Protection at: uokik.gov.pl
  5. The Gallery informs the User about the possibility of using out-of-court methods of complaint resolution and claim enforcement.  The rules for using the procedures are available at the offices or on the websites of entities authorized to conduct out-of-court dispute resolution, in particular Consumer Ombudsmen or Voivodeship Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
  6. Based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform that the website http://ec.europa.eu/consumers/odr provides access to the online platform for resolving disputes between consumers and traders at the EU level (ODR platform). The ODR platform is a website with a comprehensive service point for consumers and businesses seeking out-of-court settlement of disputes concerning contractual obligations arising from an online contract of sale or service contracts.
  7. Users will be notified of any changes to these Terms and Conditions in a manner consistent with the laws of the Republic of Poland.
  8. To any matters not regulated herein, the relevant provisions of Polish law shall apply.
  9. These Terms of Service shall enter into force on …