Terms & conditions

§1
[GENERAL PROVISIONS]

These Terms shall specify the rules of shopping at Mateusz Hajman Pracownia Fotograficzna [photo studio] online shop – https://mateuszhajman.com from Mateusz Hajman running his business activity under the business name of Mateusz Hajman Pracownia Fotograficzna, address: ul. Wesoła 11, 40-627 Katowice, Tax Identification Number NIP: 954-28-29-136, REGON 389557439
The terms used herein shall have the following meaning:
1. Customer – a natural person (with full capacity to perform acts in law) or a legal person who has made a purchase or intends to make a purchase in the Mateusz Hajman Pracownia Fotograficzna online shop. The Customer may be both a consumer and an enterprise,
2. Seller – Mateusz Hajman running his business activity under the business name of Mateusz Hajman Pracownia Fotograficzna, address: ul. Wesoła 11, 40-627 Katowice, Tax Identification Number NIP: 954-28-29-136, REGON 389557439
3. Shop – an online shop maintained by the Seller at https://mateuszhajman.com,
4. Consumer – in accordance with the Polish Civil Code of 23 April 1964 – a User who as a natural person performs an act in law not directly related to their business or professional activity. Within the meaning of these Terms of Service, a Consumer shall be also an entrepreneur running a one-man business who enters into contracts which do not have a professional nature arising from the subject of its activity;
5. Terms of Service – this document along with all annexes.
The shop shall offer, via Internet retail and wholesale distribution, calendars, prints of photographs, postcards, albums, Polaroid photographs as well as other items related to photography. The aforementioned products shall be available via the Shop in the form of finished goods or products in accordance with a Customer’s specific order.
Detailed information on products can be found at https://mateuszhajman.com and are provided by e-mail by sending an e-mail message to the e-mail address of the Seller.
The Customer may contact the Seller by post at the address mentioned in paragraph 2b and by e-mail at [email protected] +48506311318

§2
[TERMS OF SERVICE]

In order to place an order via the Shop, the Customer must meet the following technical requirements:
1. have a computer, laptop, or any other device connected to the Internet;
2. have access to email;
3. use a web browser (it is recommended to use the latest version),
4. use a minimum screen resolution of 320x600px
5. enable the option to save cookies in the web browser.
The online shop provides access to online services in the form of:
1. An order form,
The Shop does not charge any fees for the performance of the aforementioned services.

§3
[CONCLUSION OF CONTRACTS]

The contract shall be concluded between the Seller and the Customer.
All prices provided on the Shop website shall be gross prices expressed in Euro. The prices of products shall not include shipping costs.
Where relevant, the Seller shall exercise due diligence to ensure that photographs of products properly reflect their colour, character, texture and condition. The colours of products presented on photographs may slightly differ from reality due to different resolution, calibration and brightness of the Buyer’s computer screen on which the photographs are displayed or due to the use of flash. For this reason, the Shop shall include a description of the product and its colour. Should there be any doubts, please first contact the Seller.
Orders may be placed on the Shop website using the Order Form (without registration). The Seller shall not conduct sales by phone or e-mail.
In order to make a purchase, the Customer shall select products that interest them in the Shop by clicking an appropriate button. Having added the product, the Customer shall be automatically redirected to the sub-pages titled: “Cart” and “Order” where they shall specify the manner of delivery and payment for the products.
Afterwards, the Customer shall click “Order and pay” button, which shall redirect the Customer to the webpage containing information on the order performed. This information includes, but is not limited to, main features of ordered goods, total price including taxes and shipping costs, the Customer’s data as entered on the order form.
In order to place an order, the Customer shall confirm the order by clicking “Order and pay” button below order summary.
By clicking “Order and pay” button, the Customer shall declare to be aware of making an order with obligation to pay.
A sale contract shall be concluded when the Customer confirms the placement of the order, i.e. upon clicking the “Order and pay” button.
After the Customer places an order, the Seller shall send them an e-mail confirming its acceptance along with information concerning its performance, which should include: an indication of key characteristics of ordered products, total price including taxes and shipping costs, personal data of the Customer provided in the order form.
The concluded contract shall be stored, secured and made available by:
1. making these Terms of Service available on the Shop’s website,
2. recording the contents of the contract in the Shop’s IT system.
  3. sending a message referred to in sec. 10 above.
The Seller reserves the right to refuse to complete the order under the sale contract, if contact and address information of the Customer is false.
The Customer shall be entitled to demand a VAT invoice for the purchase made but in such a case they should inform the Seller thereabout via e-mail message.

§4

[PRICES AND SPECIAL OFFERS]

For the purposes of this paragraph, the following terms shall have the following meanings:

Price – the amount of gross remuneration specified in Polish zlotys (including taxes due) due to the Seller for the sale of the product,

The lowest price – the lowest Price which was in force 30 days before the introduction of the Price reduction or which was in force during the period from the date on which the product was offered for sale until the date of the reduction (if given product was offered for sale in less than 30 days).
2. The Seller reserves the right to change the Prices of products posted on the Store’s website. Prices of products in the sales agreement concluded with the Customer before the changes are binding for the Customer.

§5
[PAYMENT DUE DATES AND METHODS]

The website offers the following forms of payment for the order:
1. via a third-party payment provider (payment in advance)
The Customer is under an obligation to make payment within 3 business days from the date of purchase.
If it is necessary to refund funds for a transaction made by the Customer, the Seller shall effect the return to the same payment instrument using which the Customer made the payment.

§6
[DELIVERY METHODS AND COSTS]

The Customer shall bear the costs of delivery of ordered products to the place of destination.
The products shall be delivered to the provided address in the Republic of Poland and abroad. Fees for product delivery shall be indicated in the panel and in the e-mail message confirming acceptance of the order.
The Seller offers the following product delivery methods:
1. courier service,
2. delivery to an InPost parcel pick-up station.
3. at the request of Poczta Polska
Order completion time is up to 7 business days from the moment when payment for ordered goods is credited to the Seller’s account.

§7
[RIGHT TO WITHDRAW FROM THE CONTRACT]

The provisions set forth in this Article shall constitute powers granted exclusively to a Customer who is a Consumer.
The Consumer shall have the right to withdraw from a contract concluded with the Seller within 14 days from the day on which the parcel is received or the goods are accepted in person, without the need to state a reason for withdrawal.
A statement of withdrawal from the contract may be submitted by the Customer by means of a contract withdrawal form available at the end of these terms of service, sent by post to the following address: Mateusz Hajman Pracownia Fotograficzna, ul. Wesoła 11, 40-627 Katowice as well as at the following e-mail address: [email protected]
Submitting the statement of withdrawal from the contract without using the form does not influence the effectiveness of the withdrawal. In order for the statement to be effective, it must be sent prior to the expiry of the time limit mentioned above.
The Seller shall immediately confirm acceptance of the statement of withdrawal from the contract by e-mail (to the address provided when placing the order).
The Consumer should return ordered products within 14 days from the date of sending the statement of withdrawal from the contract to the Seller.
Should the statement of withdrawal from the contract be sent, the contract is deemed invalid.
The Consumer shall bear all direct costs of returning ordered products.
The Consumer shall bear liability for damages for any diminished value of the goods where this diminished value results from using the goods in a manner exceeding beyond what is necessary to establish the nature, characteristics, and functionality of the goods, such as cleaning costs, component repair costs, label replacement costs. In order to determine the nature, characteristics and functionality of the goods, the Consumer must handle and check the goods in the same way as they would be able at a brick and mortar shop.
The Seller shall immediately, within 14 calendar days after receiving the statement of withdrawal from the contract at the latest, return all payments made by the Consumer, including product delivery costs (excluding additional costs associated with the delivery method selected by the Consumer other than the cheaper standard delivery method offered by the Shop), to the Consumer. The Seller shall return the payments using the same payment method as was used by the Consumer, unless the Consumer expressly agreed to another payment method.
The Seller may withhold the return of payments received from the Customer until they have received the Product back or until the Consumer has supplied proof that they have sent it back.
The right to withdraw from the contract shall not apply to the contract the subject of which is a non-prefabricated item produced according to the consumer’s specifications or used to satisfy their custom needs.

§8
[RESPONSIBILITY FOR THE CONFORMITY OF THE SERVICE WITH THE AGREEMENT COMPLAINTS PROCEDURE]

The Seller is obliged to provide services and goods in accordance with the agreement. The Seller is legally obliged to deliver the goods without defects.
The regulations concerning the Seller’s liability to the Consumer under the agreements obliging to transfer the ownership of the goods to the Consumer are governed by Chapter 5A of the Consumer Rights Act of 30 may 2014.
In the scope of the complaint, the Consumer may exercise the rights granted to him by the provisions of the Consumer Rights Act of 30 may 2014, including for the lack of conformity of the goods with the sales agreement.
The Seller bears liability towards the Consumer for the lack of conformity of the goods with the sales agreement, occuring at the moment of delivery and reveiled during the period of two years since that moment, unless the expiration date of the goods for use indicated by the Seller is longer. Before the expiry of the abovementioned deadline, the Consumer may notify the Seller of the finding of non-compliance by sending a relevant message using one of the means enabling contact with the Seller referred to in §1(5).
The Seller confirms the receipt of the complaint and calls on the Consumer to immediately deliver the goods not in accordance with the agreement to the Seller, in order to respond to the complaint.
If the complaint is rejected, the goods will be sent back together with an opinion on the unjustification of the complaint.
If the Seller does not respond to the Consumer’s complaint within 14 calendar days from the date of delivery of the complaint, it is assumed that he has accepted the Consumer’s complaint and his request.
A Customer who is not a Consumer may exercise the rights he has from the Seller under the warranty for defects, on the principles set out in Article 556 and next of The Civil Code. The Seller shall be liable to the Customer who is not a Consumer if the sold product has a physical or legal defect (warranty).
The Seller shall be liable under the statutory warranty, if the physical defect is identified before a period of two years from the delivery of the goods to the Customer who is not a Consumer expires.
The Customer, who is not a Consumer, loses his warranty rights if he has not examined the items in time and in a manner adopted for such items and has not immediately notified the Seller of the defect, and if the defect has come to light later – if he has not notified the Seller immediately after its discovery.

§9

[CONTRACTS CONCLUDED WITH ENTERPRISES PLACING ORDERS FOR PROFESSIONAL PURPOSES]

The provisions set forth in this Article shall apply exclusively to contracts concluded with Customers who are enterprises placing an order for professional purposes.
Placing an order on behalf of a legal person or an organisational unit without legal personality shall be equivalent to submitting a statement that the person placing the order is authorised to represent the entity on whose behalf they are placing the order. Placing the order without a relevant authorisation shall result in the liability of the persons placing the order for any and all damages arising from that fact.
The enterprise is under an obligation to examine the package delivered by courier in a customarily accepted way and, upon identifying any product defect or damage, perform any actions necessary to determine the liability of the courier.
The enterprise shall lose its rights under the warranty if it does not examine the item within the time and in a way customarily adopted for items of that kind and does not promptly notify the Seller about the defect, whereas if the defect is identified only at a later time – if it does not promptly notify the seller upon its identification.
The Seller reserves the right to terminate the contract concluded with an enterprise within 14 days from the date of its conclusion without the need to state a reason for termination.
Any and all disputes arising in connection with the performance of the contract concluded between the Seller and the Enterprise shall be settled by the competent court having jurisdiction over the registered office of the Seller.

§10
[NON-JUDICIAL DISPUTE RESOLUTION]

In order to resolve a dispute arising in connection with purchases made in the Shop, the Consumer shall have the right to request assistance from the following institutions by bringing a case to a common court of law:
1. a permanent amicable consumer court referred to in the Act on Trade Inspection of 15 December 2000, by filing a motion to settle a dispute arising from the sales contract;
2. the Voivodeship Trade Inspection Authority, by requesting to initiate mediation proceedings in order to resolve the dispute amicably;
3. the district or municipal consumer ombudsman or a social organisation protecting consumer rights.
Detailed information on possible non-judicial dispute resolution and available procedures shall be provided in registered offices and at websites of institutions such as the Trade Inspection Authority, poviat (municipal) consumer ombudsmen, social organisations protecting consumer rights and the Office of Protection Competition and Consumers.
Online dispute resolution platform for consumers and entrepreneurs at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual webpage with a comprehensive service point for consumers and entrepreneurs seeking non-judicial settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

§11
[FINAL PROVISIONS]

The Seller reserves the right to amend these Terms of Service at any time due to changes in applicable law or changes in contract conclusion and performance methods. The amendments mentioned above shall not affect placed, performed or completed orders and contracts.
To any matters not regulated herein, the provisions of the generally applicable law, in particular the Act of 23 April 1964 – the Civil Code and the Act on Consumer Rights of 30 May 2014 shall apply.
The Terms of Service shall be effective as of 7.12.2021.

[CONTRACT WITHDRAWAL FORM]

Download Withdrawal form