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Terms and Conditions

Terms and Conditions of the Online Store - www.erkyart.com

I. General Terms

  1. These Terms and Conditions define the general terms, the method of providing Electronic Services, and the sales conducted via the Online Store www.erkyart.com. The Store is operated by Eryk Walaszczyk, conducting business under the company name ERKY Eryk Walaszczyk, entered into the Register of Entrepreneurs of the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economy, located at Błońska 21a, 05-830 Nadarzyn, NIP: 5342621015, REGON: 386015531, hereinafter referred to as the Seller.
  2. Contact with the Seller takes place via:
  1. email address: bok@erkyart.pl;
  2. phone number: +48 506949225;
  3. contact form available on the Online Store pages.
  1. These Terms and Conditions are continuously available on the website www.erkyart.com in a manner that allows for their retrieval, reproduction, and recording of their content by printing or saving to a storage device at any time.
  2. The Seller informs that the use of services provided electronically may involve risks for every Internet user, consisting of the possibility of introducing harmful software into the Customer’s ICT system and the acquisition or modification of their data by unauthorized persons. To avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus programs and a firewall.
  3. The Seller has designated a single point of contact for communication with Customers, the authorities of European Union Member States, the European Commission, and the Digital Services Board referred to in the DSA Regulation. Communication at this point of contact takes place via the email address indicated in point 2 above, in Polish and English.

II. Definitions

The terms used in these Terms and Conditions shall mean:

  1. Working days – days from Monday to Friday, excluding public holidays;
  2. Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality to which special provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
  3. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
  4. Content – content publicly shared by the Seller that has been added by Customers through the functionalities of the Online Store;
  5. Account – a section of the Online Store assigned to a given Customer, through which the Customer can perform specific actions within the Online Store;
  6. Consumer – a Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code;
  7. Entrepreneur – a Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
  8. Terms and Conditions – this document;
  9. DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
  10. Goods – a product presented in the Online Store, the description of which is available next to each presented product;
  11. Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
  12. Services – services provided by the Seller to Customers by electronic means within the meaning of the provisions of the Act of July 18, 2002, on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
  13. Consumer Rights Act – the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827);
  14. Act on the Provision of Services by Electronic Means – the Act of July 18, 2002, on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
  15. Order – the Customer's declaration of intent, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods.

III. Rules for Using the Online Store

  1. Use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
  1. a computer or mobile device with Internet access,
  2. access to electronic mail (e-mail),
  3. web browser: Microsoft Edge version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, or Safari version 10.x or newer,
  4. enabling Cookies and JavaScript in the web browser.
  1. Use of the Online Store refers to any action by the Customer that leads to them becoming acquainted with the content contained within the Store.
  2. The Customer is obliged, in particular, to:
    1. refrain from providing or transmitting content prohibited by law, e.g., content promoting violence, defamatory content, or content violating personal rights, copyrights, and other rights of third parties,
    2. use the Online Store in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
    3. refrain from activities such as: sending or posting unsolicited commercial information (spam) within the Online Store,
    4. use the Online Store in a manner that is not burdensome for other Customers or for the Seller,
    5. use any content posted within the Online Store solely for personal use,
    6. use the Online Store in a manner consistent with the laws in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as general rules for using the Internet.
  3. The Seller may voluntarily undertake activities to verify Content added by Customers, in particular for compliance with point 3 above.
  4. When undertaking verification activities, the Seller does not use algorithmic decision-making. All decisions made by the Seller regarding Content result from a human review.
  5. The Seller enables Customers to report Content (hereinafter: "Report") that violates point 3 above in particular, including content that violates Polish law and European Union law.
  6. A Customer may make a Report via a dedicated contact form at https://erkyart.pl/com/contact or via e-mail at bok@erkyart.pl.
  7. If the Report contains the electronic contact details of the Customer who made the Report, the Seller shall, without undue delay, send the Customer confirmation of receipt of the report.
  8. The Seller, after performing the verification activities referred to in point 4 above or after receiving a Report from a Customer, shall make a decision regarding the reported Content within 14 days from the date of receiving the Report.
  9. The decision referred to in point 9 above (hereinafter: the "Decision") may consist of:
    1. restricting the visibility of or removing the Content to which the Report related;
    2. suspending or closing the Account of the Customer who added the Content to which the Report related.
  10. The Seller shall make the Decision in a timely, non-arbitrary, objective manner and with due diligence.
  11. The Seller shall, without undue delay, inform the Customer who made the Report of the Decision taken by the Seller.
  12. If the Seller has the electronic contact details of the Customer who added the reported Content, the Seller shall inform said Customer of the Decision taken and provide a justification for it.
  13. The Customer who added the reported Content may file an appeal against the Seller's Decision within 14 days from the date of receiving notification of the Seller's Decision.
  14. The appeal may be submitted to the Seller via e-mail at bok@erkyart.pl and should include the first name, last name, and e-mail address of the Customer who added the reported Content, along with a comprehensive justification.
  15. The Seller shall consider the appeal referred to in point 14 above within 14 days from the date of receipt.

IV. Services

  1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
  2. The Account Maintenance Service in the Online Store is available upon registration. Registration takes place by completing and accepting the registration form provided on one of the pages of the Online Store. The agreement for the provision of the Account Maintenance Service is concluded for an indefinite period and is terminated upon the Customer sending a request to delete the Account or using the "Delete Account" button.
  3. The Customer has the option to send messages to the Seller using a contact form. The agreement for the provision of the Service consisting of making an interactive form available to enable Customers to contact the Seller is concluded for a fixed term and is terminated upon the sending of the message by the Customer.
  4. The Customer has the option to receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter Service). For this purpose, a valid email address must be provided or the appropriate field in the registration form or Order form must be activated. The Customer may withdraw consent to receive commercial information at any time. The agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated upon the Customer sending a request to remove their email address from the Newsletter subscription or unsubscribing via the link found in the content of the message sent as part of the Newsletter Service.
  5. The Customer has the possibility to post individual and subjective statements in the Online Store regarding, among other things, the Goods or the course of the transaction. By adding statements, the Customer declares that they hold all rights to this content, in particular economic copyrights, related rights, and industrial property rights. The agreement for the provision of the service consisting of posting opinions about Goods in the Online Store is concluded for a fixed term and is terminated upon the addition of the opinion.
  6. Statements should be drafted in a clear and understandable manner; furthermore, they must not violate applicable legal regulations, including the rights of third parties—in particular, they may not be defamatory, violate personal rights, or constitute an act of unfair competition. Posted statements are disseminated on the web pages of the Online Store.
  7. By posting a statement, the Customer consents to the free use and publication of said statement by the Seller, as well as to the creation of derivative works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).
  8. The Seller has the right to organize occasional contests and promotions, the terms of which will be provided on the Store's website each time. Promotions in the Online Store cannot be combined unless the regulations of a given promotion state otherwise.
  9. In the event of a breach of these Terms and Conditions by the Customer, the Seller—following a prior unsuccessful request to cease or remedy the breaches within an appropriate timeframe—may terminate the agreement for the provision of Services with a 14-day notice period.

V. Procedure for Concluding a Sales Agreement

  1. Information about Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters, and prices, constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
  2. All Goods available in the Online Store are brand new, compliant with the Agreement, and have been legally placed on the market.
  3. In the event that the Seller uses mechanisms for individual price adjustment based on automated decision-making, the Seller shall provide this information to the Consumer each time during the placement of an Order, taking into account the requirements imposed in this regard by data protection regulations.
  4. A condition for placing an Order is having an active electronic mail (email) account.
  5. In the case of placing an Order via the Order form available on the Online Store's website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer made in electronic form is binding on the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the email address provided by the Customer; this confirmation constitutes the Seller's statement of acceptance of the Customer's offer, and the Sales Agreement is concluded upon its receipt by the Customer.
  6. The Sales Agreement is concluded in the English language, with content consistent with the Terms and Conditions.

VI. Delivery

  1. Delivery of Goods is available for most countries and is carried out to the address specified by the Customer during the placement of the Order.
  2. The Customer may choose from the following forms of delivery for the ordered Goods:
  1. via a courier company;
  2. delivered to a Parcel Locker (Paczkomat).
  1. The Seller informs the Customer on the Store's website, within the description of the Goods, of the number of Working Days required for the fulfillment of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
  2. The delivery and Order fulfillment period is calculated in Working Days in accordance with point VII, sub-point 2.
  3. The Seller provides the Customer with proof of purchase.
  4. If different fulfillment periods are provided for the Goods included in an Order, the longest of the specified periods shall apply to the entire Order.

VII. Prices and Payment Methods

  1. Shoper Payments (online payment security is provided by Autopay – www.autopay.pl).
  2. Supported payment card types: Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic.
  3. Prices of Goods are provided in Euro, USD and Polish zloty and include all components, including VAT, customs duties, and other fees within the territory of the European Union.
  4. The Customer may choose from the following payment methods:
  1. bank transfer to the Seller's bank account (in this case, fulfillment of the Order will begin after the Seller sends the Customer confirmation of Order acceptance, and shipping will take place immediately after the funds are credited to the Seller's bank account and the Order is completed);
  2. electronic payment (in this case, fulfillment of the Order will begin after the Seller sends the Customer confirmation of Order acceptance and after the Seller receives information from the settlement agent's system that the payment has been made by the Customer, and shipping will take place immediately after the Order is completed).
  1. The Seller informs the Customer on the Store's website of the deadline by which they are obliged to make the payment for the Order. In the event of a failure to pay by the Customer within the period referred to in the preceding sentence, the Seller may—after a prior, ineffective demand for payment with a designated appropriate deadline—withdraw from the Agreement pursuant to Art. 491 of the Civil Code.

VIII. Right to Withdraw from the Agreement

  1. A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before the period expires.
  2. The Customer may draft the statement independently or use the model statement provided by the Seller on the Store's website.
  3. The 14-day period is calculated from the date on which the delivery of the Goods occurred or, in the case of an Agreement for the provision of Services, from the date of its conclusion.
  4. Upon receipt of the statement of withdrawal from the Agreement by the Consumer, the Seller shall send a confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer's email address.
  5. The Consumer's right to withdraw from the Agreement is excluded in the case of:
  1. Agreements for the provision of services for which the Consumer is liable to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that they would lose the right to withdraw from the agreement upon the performance of the service by the entrepreneur, and acknowledged this;
  2. Agreements in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
  3. Agreements in which the subject of the service is a non-prefabricated Good, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs;
  4. Agreements in which the subject of the service is a Good that is liable to deteriorate rapidly or has a short shelf life;
  5. Agreements in which the subject of the service is a Good delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons, if the package was opened after delivery;
  6. Agreements in which the subject of the service consists of products which, after delivery, by their nature, are inseparably connected with other items;
  7. Agreements in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days, and the value of which depends on market fluctuations over which the Seller has no control;
  8. Agreements in which the Consumer explicitly requested that the Seller come to them for the purpose of carrying out urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for the performance of the repair or maintenance, the Consumer shall have the right to withdraw from the Agreement in respect of the additional services or Goods;
  9. Agreements in which the subject of the service is sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
  10. Agreements for the delivery of newspapers, periodicals, or magazines, with the exception of subscription Agreements;
  11. Agreements concluded via a public auction;
  12. Agreements for the provision of services for which the Consumer is liable to pay the price, in cases where the Consumer has explicitly requested the Seller to come to them for the purpose of carrying out a repair, and the service has already been fully performed with the express and prior consent of the Consumer.
  13. Agreements for the provision of services in the field of accommodation other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting, or cultural events, if the agreement specifies the date or period of service provision;
  14. Agreements for the supply of digital content not delivered on a tangible medium for which the Consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who was informed before the commencement of the performance that they would lose the right to withdraw from the agreement upon performance by the Seller and acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Art. 15 sections 1 and 2 or Art. 21 section 1 of the Act on Consumer Rights.
  1. Other exceptions to the right to withdraw from the Agreement are set out in Art. 38 section 2 of the Act on Consumer Rights.
  2. In the event of withdrawal from a distance Agreement, the Agreement is considered null and void. What the parties have rendered shall be returned in an unaltered state, unless the change was necessary to establish the nature, characteristics, and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
  3. The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return to the Consumer all payments made by them, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, provided that such method does not involve any cost to the Consumer. The Seller may withhold the reimbursement of payments received from the Customer until the Goods are received back or until the Customer provides proof of having sent them back, whichever occurs earlier, unless the Seller has offered to collect the Goods from the Customer themselves.
  4. If the Consumer has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  5. The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear that cost..

IX. Exchange

  1. The Seller provides the Customer with the possibility to exchange the Goods within 14 days from the date of their delivery. Requests for exchange may be submitted to the following e-mail address: bok@erkyart.pl, or by telephone at: +48 506949225.
  2. The Customer may exchange the Goods for:
    1. the same model,
    2. another model, with a price that is lower, higher, or the same.
  3. The exchange of Goods is only possible for Goods currently available on the Seller's website. 
  4. In order to exchange the Goods, the Customer should fill in and sign the exchange form available on the Store's Website, properly secure the shipment, and attach proof of purchase. The Goods subject to exchange should be sent to the Seller via registered mail. The cost of returning the Goods to the Store and the costs of shipping the new Goods to the Customer shall be borne by the Customer.
  5. The Seller will contact the Customer if the Good intended for exchange is no longer available. The Customer may then choose a different Good or opt out of the exchange. In the event of opting out of the exchange, the Good is returned to the Customer at their expense.
  6. In the event of an exchange for a Good with a lower price, the refund will be made within 14 days using the same method of payment used by the Customer when purchasing the Good.
  7. In the event of an exchange for a Good with a higher price, the Seller shall exchange the Good after recording the payment of an amount equal to the price difference. To speed up the exchange process, the Customer may attach a proof of transfer to the shipment.
  8. Personalized Goods, manufactured in accordance with the customer's guidelines, are not subject to exchange.
  9. Goods are subject to exchange provided they are in an intact condition and show no signs of use. The Seller shall refuse the exchange if the Goods are damaged or bear signs of use.

X. Complaints Concerning Goods

  1. The Seller undertakes to deliver Goods in conformity with the Agreement.
  2. The Seller is liable under the warranty to a Customer who is a Consumer, as well as to a Customer who is a natural person entering into an Agreement directly related to their business activity. With respect to Customers who are Entrepreneurs, the liability under warranty is limited to 2 years from the date of delivery of the goods.
  3. Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the address ERKY Eryk Walaszczyk, ul. Błońska 21a, 05-830 Nadarzyn, to the e-mail address: bok@erkyart.pl, or by telephone at: +48 506949225.
  4. In order for the complaint to be considered, the Customer should send or deliver the complained-of Goods, attaching proof of purchase if possible. The Goods should be delivered or sent to the address specified in point 3.
  5. The Seller undertakes to consider every complaint within 14 days from the date of its receipt.
  6. In the event of any deficiencies in the complaint, the Seller shall request the Customer to supplement it to the necessary extent immediately, but no later than within 7 days from the date the Customer receives such a request.

XI. Complaints Regarding the Provision of Services by Electronic Mean

  1. The Customer may submit complaints to the Seller regarding the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the address: ERKY Eryk Walaszczyk, ul. Błońska 21a, 05-830 Nadarzyn, to the e-mail address: bok@erkyart.pl, or by telephone at: +48 506949225.
  2. In the complaint, the Customer should provide their name and surname, correspondence address, and the type and description of the problem that occurred.
  3. The Seller undertakes to consider every complaint within 14 days from the date of its receipt. In the event of any deficiencies in the complaint, the Seller shall request the Customer to supplement it to the necessary extent within 7 days from the date the Customer receives such a request.

XII. Warranties

  1. The Goods may be covered by a Seller's warranty.
  2. In the case of Goods covered by a warranty, information regarding the existence and content of the warranty, as well as the period for which it has been granted, is presented each time in the description of the Goods on the Store's website.

XIII. Out-of-court Complaint Handling and Redress Procedures

  1. A Customer who is a Consumer has, among others, the following possibilities to use out-of-court methods for handling complaints and pursuing claims:
  1. is entitled to apply to a permanent consumer arbitration court operating within the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
  2. is entitled to apply to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;
  3. may obtain free assistance regarding the resolution of a dispute between the Customer and the Seller by also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumers' Federation and the Association of Polish Consumers). Advice is provided by the Consumers' Federation via a free consumer helpline at 800 007 707 and by the Association of Polish Consumers at the e-mail address porady@dlakonsumentow.pl;
  4. submit a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

XIV. Personal Data Protection

The personal data provided by Customers is collected and processed by the Seller in accordance with applicable legal regulations and the Privacy Policy available on the Store's website.

XV. Final Provisions

  1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, Internet domain, the Online Store's website, as well as to forms and logos, belong to the Seller, and their use may only take place in a manner specified and consistent with the Regulations.
  2. The provisions contained in these Regulations concerning the Consumer, in respect of the right to withdraw from the contract and complaints, shall apply to a natural person entering into a contract directly related to their business activity, when the content of such contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity as made available under the provisions on the Central Register and Information on Economic Activity (CEIDG). The provisions on out-of-court complaint resolution and redress procedures shall not apply to such persons.
  3. Rozstrzyganie ewentualnych sporów powstałych pomiędzy Sprzedawcą a Klientem, który jest Konsumentem, zostaje poddane sądom właściwym zgodnie z postanowieniami właściwych przepisów Kodeksu postępowania cywilnego.
  4. The resolution of any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
  5. In matters not regulated by these Regulations, the provisions of the Civil Code, the provisions of the Act on the Provision of Electronic Services, the provisions of the Consumer Rights Act, and other relevant provisions of Polish law shall apply.
  6. Each Customer will be informed of any changes to these Regulations through information on the home page of the Online Store, containing a summary of the changes and their effective date. Customers with an Account will additionally be informed of the changes along with a summary via the e-mail address provided by them. The effective date of the changes will be no shorter than 14 days from the date of their announcement. If a Customer with a Customer Account does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact within 14 days from the date of being informed of the change. Notifying the Seller of the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.