Terms & Conditions | Mood Photocollection

TERMS AND CONDITIONS OF THE ONLINE STORE

These Terms and Conditions define the general terms, rules, and manner of sales conducted by Aleksander Pałka, conducting business under the name CHANGEUP Aleksander Pałka, based in Pęgów, through the online store www.moodphotocollection.com (hereinafter referred to as the "Online Store"), and specify the terms and conditions of using the Online Store by Customers.

§ 2 Definitions

Business Days - means weekdays from Monday to Friday, excluding public holidays.
Digital File - means a digital photo file in TIFF format, with a resolution of 360 DPI, offered by the Seller through the Online Store Website, which may be the subject of a Sales Agreement.
Password - means a sequence of letters, numbers, or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer's Account in the Online Store.
Customer - means an entity for whom electronic services may be provided or with whom a Sales Agreement may be concluded in accordance with the Terms and Conditions and legal regulations.
Consumer - means a natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
Customer Account - means an individual panel for each Customer, activated on their behalf by the Seller, after the Customer completes the Registration and enters into a service agreement for managing the Customer Account.
Entrepreneur - means a natural person, legal entity, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf and entering into a legal transaction directly related to their business or professional activity.
Entrepreneur with Consumer Rights - means a natural person entering into a Sales Agreement directly related to their business activity, where the content of the Sales Agreement indicates that it does not have a professional character for this Entrepreneur, resulting from the subject of the business activity performed, as disclosed based on the provisions of the Central Register and Information on Economic Activity.
Terms and Conditions - means these terms and conditions.
Registration - means an actual action performed in accordance with the Terms and Conditions, required for the Customer to use all functionalities of the Online Store.
Seller - means Aleksander Pałka, conducting business under the name CHANGEUP Aleksander Pałka, based in Pęgów (55-120), ul. Jarzębinowa 35, NIP: 6391725815, REGON: 389428363, entered into the Central Register and Information on Economic Activity conducted by the Minister of Development and Technology; email: alex@moodphotocollection.com, who is also the owner of the Online Store.
Online Store Website - means the websites under which the Seller operates the Online Store, operating in the domain www.moodphotocollection.com.
Goods - means a digital product, in particular, a TIFF format photo file, offered by the Seller through the Online Store Website, which may be the subject of a Sales Agreement.
Durable Medium - means any material or tool that enables the Customer or Seller to store information personally addressed to them, in a way that allows access to the information in the future for a time appropriate to the purposes for which this information serves, and which allows the stored information to be reproduced in an unchanged form.
Sales Agreement - means a sales agreement concluded remotely, on the terms specified in the Terms and Conditions, between the Customer and the Seller.

§ 3 General Provisions and Use of the Online Store

All rights to the Online Store, including copyright, intellectual property rights to its name, its domain, the Online Store Website, as well as templates, forms, and logos posted on the Online Store Website (except for logos and photos presented on the Online Store Website for the purpose of presenting the goods, to which copyright belongs to third parties) belong to the Seller. The use of these resources may only occur in a manner specified and consistent with the Terms and Conditions and with the Seller's written consent.
The Seller will make every effort to ensure that the Online Store is accessible to Internet users using all popular web browsers, operating systems, device types, and internet connections. The minimum technical requirements for using the Online Store Website are a web browser in at least Microsoft Edge 109, Internet Explorer 11, Chrome 110, Firefox 109, Opera 95, or Safari 11 versions or newer, with JavaScript enabled, accepting "cookies" files, and an internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024x768 pixels.
The Seller uses "cookies" files, which are saved by the Seller's server on the Customer's device while using the Online Store Website. The use of "cookies" is intended to ensure the correct functioning of the Online Store Website on the Customer's end devices. This mechanism does not destroy the Customer's end device or cause configuration changes in the Customer's end devices or the software installed on these devices. Each Customer can disable the "cookies" mechanism in their web browser, but this may cause difficulties or make it impossible to use the Online Store Website.
To place an order in the Online Store through the Online Store Website or via email, and to use the functions available on the Online Store Websites, the Customer must have an active email account.
It is prohibited for the Customer to provide illegal content and use the Online Store, the Online Store Website, or any of its functionalities in a manner contrary to the law, good customs, or infringing on the personal rights of third parties.
The Seller states that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons. Therefore, Customers should use appropriate technical measures to minimize the risks mentioned above. In particular, they should use antivirus programs and protect the identity of Internet users. The Seller never asks the Customer to provide their Password in any form.
It is not permissible to use the resources and functions of the Online Store to conduct business that would harm the Seller's interests, such as advertising another entrepreneur or product, posting content unrelated to the Seller's business, or posting false or misleading content.

§ 4 Registration

To create a Customer Account, the Customer must complete a free Registration.
Registration is not required to place an order in the Online Store.
To register, the Customer should complete a registration form provided by the Seller on the Online Store Website and submit the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
The Customer also has the option to register through their user account on facebook.com. Creating a Customer Account is done by a dedicated redirect from the Online Store to the facebook.com website, where the Customer is asked to provide their username and password for the facebook.com user account. After authorization on the facebook.com website, the Customer is redirected back to the Online Store, where the Customer Account is created with a link to the user account on facebook.com. The username for the facebook.com service and its password are not registered or stored by the Seller.
The Customer also has the option to register through their user account on google.com. Creating a Customer Account is done by a dedicated redirect from the Online Store to the google.com website, where the Customer is asked to provide their username and password for the google.com user account. After authorization on the google.com website, the Customer is redirected back to the Online Store, where the Customer Account is created with a link to the user account on google.com. The username for the google.com service and its password are not registered or stored by the Seller.
While completing the registration form, the Customer has the opportunity to review the Terms and Conditions by accepting their content by marking the appropriate field in the registration form.
After submitting the completed registration form, the Customer immediately receives, via email, a confirmation of Registration from the Seller. At this moment, an agreement for the provision of electronic services for Managing the Customer Account is concluded, and the Customer gains access to the Customer Account and the ability to modify the data provided during Registration.

§ 5 Orders

The information contained on the Online Store Website does not constitute an offer by the Seller within the meaning of the Civil Code but only an invitation for Customers to submit offers to conclude a Sales Agreement.
The Customer may place orders in the Online Store via the Online Store Website or email 24 hours a day, 7 days a week.
A Customer placing an order via the Online Store Website compiles the order by selecting the Goods they are interested in. Adding Goods to the order is done by selecting the "ADD TO CART" command under a given Good presented on the Online Store Website. After completing the order and selecting the payment method, the Customer places the order by sending the order form to the Seller by selecting the "Order and Pay" button on the Online Store Website. Each time before submitting the order to the Seller, the Customer is informed about the total price for the selected Goods and all additional costs they are obliged to bear in connection with the Sales Agreement.
A Customer placing an order via email sends it to the email address provided by the Seller on the Online Store Website. In the message sent to the Seller, the Customer should provide the photo title, the standard file format, and their contact details. If the Customer is interested in a larger file format, they can request this, and the Seller will inform them of the possibility of fulfillment and the price.
After receiving the email from the Customer, as mentioned in §5 sec. 4, the Seller sends the Customer a return email with their registration details, the price of the selected Goods, and possible payment methods. The message also informs the Customer that concluding the Sales Agreement via email entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place the order by sending an email to the Seller, indicating the chosen payment method.
Placing an order constitutes submitting an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.
After placing the order, the Seller sends a confirmation of its receipt to the email address provided by the Customer.
Subsequently, after confirming the receipt of the order, the Seller sends information to the Customer's email address confirming the acceptance of the order for fulfillment. The information confirming the acceptance of the order for fulfillment constitutes a declaration by the Seller of acceptance of the offer referred to in §5 sec. 6 above, and at the moment of its receipt by the Customer, the Sales Agreement is concluded.
After concluding the Sales Agreement, the Seller sends the Customer a link to download the digital file, which is active for 30 days from the purchase date.

§ 6 Payments

The prices on the Online Store Website next to a given Good are gross prices. The store does not charge any additional costs related to the Sales Agreement.
The Customer can choose the following payment methods for the ordered Goods: a) bank transfer to the Seller's bank account (in this case, the order will be processed after the Seller sends the Customer a confirmation of receipt of the order and after the funds have been credited to the Seller's bank account);
b) bank transfer via the external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case, the order will be processed after the Seller sends the Customer a confirmation of receipt of the order and after the Seller receives information from the PayPal system about the Customer's payment);
c) Przelewy24, operated by PayPro S.A. based in Poznań;
d) BLIK;
e) Apple Pay, Google Pay – available depending on the Customer's country of residence.
Payment must be made at the time of placing the order. After the payment is credited by the Seller, the Customer receives a link to download the purchased digital file. The link is active for 30 days from the purchase date.
In case of payment failure, the order will not be fulfilled, and the Customer will not receive the download link for the file. The Customer may place the order again and make the payment successfully.

§ 7 Delivery

The Seller delivers only in digital form by providing a download link for the file to the email address provided by the Customer.
The Seller is obliged to deliver a digital file consistent with the Sales Agreement.
After the payment is credited, the Customer receives a link to download the purchased digital file. The link is active for 30 days from the purchase date.
On the day the order is fulfilled, the Seller sends a confirmation email to the Customer's email address confirming that the download link has been provided.
In case of problems with downloading the file, the Customer should immediately contact the Seller via email to resolve the issue.
The Seller issues a VAT invoice for the purchased digital files. The invoice is sent to the Customer electronically to the email address provided when placing the order. The Customer should declare at the time of purchase that they are purchasing the file as an Entrepreneur (taxpayer) by marking the appropriate field in the order form.

§ 8 Non-Conformity of Digital File with the Agreement - Complaint by Consumer or Entrepreneur with Consumer Rights

The Seller ensures that the digital files delivered to the Customer are compliant with the agreement at the time of delivery. The Customer is obliged to check the file immediately after downloading it.
If a defect in the digital file (e.g., file corruption, non-compliance with the order) is found at the time of its download, the Consumer or Entrepreneur with Consumer Rights should file a complaint immediately, no later than within 14 days from the time of downloading the file.
The Seller is not liable for defects in the digital file that become apparent after 14 days from the time of download unless the defect was hidden and existed at the time of delivery.
If a defect in the digital file is confirmed within the specified time, the Seller undertakes to promptly deliver a new, defect-free digital file. The Customer does not have the right to withdraw from the contract or reduce the price if the defect is corrected by providing a new file.
Any complaints related to digital files or the performance of the sales agreement may be directed by the Consumer or Entrepreneur with Consumer Rights exclusively electronically to the Seller's email address. The Seller is obliged to respond to the complaint within 14 days of receiving it.
If the contract is withdrawn due to the inability to correct the defect in the digital file, the Seller will refund the Consumer or Entrepreneur with Consumer Rights the full purchase price within 14 days of the withdrawal.
The refund will be made using the same payment method that the Consumer or Entrepreneur with Consumer Rights used unless the parties agree otherwise, provided that it does not involve any additional costs for the Consumer or Entrepreneur with Consumer Rights.
The Seller does not participate in alternative dispute resolution, as mentioned in the Act of 23 September 2016, on the out-of-court resolution of consumer disputes.

§ 9 Withdrawal from the Sales Agreement

A Customer who is a Consumer or an Entrepreneur with Consumer Rights who has concluded a Sales Agreement for digital files not stored on a tangible medium has no right to withdraw from the contract after downloading the file, in accordance with Article 38(13) of the Consumer Rights Act.
The right to withdraw from the Sales Agreement is granted to the Consumer or Entrepreneur with Consumer Rights only before downloading the digital file. Once the digital file is downloaded, the contract is considered fulfilled, and there is no possibility of withdrawal.
If the Customer withdraws from the Sales Agreement before downloading the file, they may submit a declaration of withdrawal from the contract via email to the Seller at alex@moodphotocollection.com. The deadline will be met if the declaration is sent before it expires.
If the Customer has submitted a declaration of withdrawal from the Sales Agreement before downloading the digital file, the Seller will promptly, but no later than 14 days from the date of receipt of the declaration, refund the Customer all payments made.
The refund will be made using the same payment method that the Consumer or Entrepreneur with Consumer Rights used unless the parties agree otherwise, provided that it does not involve any additional costs for the Customer.
The right to withdraw from the Sales Agreement does not apply to the Consumer or Entrepreneur with Consumer Rights concerning agreements in which the subject of the service is digital content that is not recorded on a tangible medium if the performance has begun with the express consent of the Consumer or Entrepreneur with Consumer Rights before the withdrawal period expires and after being informed by the Seller about the loss of the right to withdraw from the contract.

§ 10 Free Services

The Seller provides the following free services to Customers electronically:
a) Contact Form;
b) Managing the Customer Account.
The services listed in § 10 sec. 1 above are available 24 hours a day, 7 days a week.
The Seller reserves the right to choose and change the type, form, time, and manner of providing access to selected services, about which they will inform Customers in a manner appropriate for amending the Terms and Conditions.
The Contact Form service allows the Customer to send a message to the Seller using the form provided on the Online Store Website.
Withdrawal from the free Contact Form service is possible at any time and consists of ceasing to use this function.
The Customer Account service is available after Registration under the terms described in the Terms and Conditions and involves providing the Customer with a dedicated panel on the Online Store Website, allowing the Customer to modify the data provided during Registration, track the status of orders, and access the order history.
A Customer who has completed Registration may request the Seller to delete their Customer Account. In such a case, the Customer Account will be deleted within 14 days of the request.
The Seller is entitled to block access to the Customer Account and free services in case of actions by the Customer that harm the Seller, including:
a) conducting advertising activities for another entrepreneur or product,
b) posting content unrelated to the Seller's business,
c) posting false or misleading content,
d) violating legal provisions or the Terms and Conditions,
e) engaging in hacking or attempting to breach the Online Store Website's security.
Blocking access lasts for the time necessary to resolve the issue that caused the block. The Seller informs the Customer about blocking access via email to the address provided by the Customer during Registration.
The Customer may file a complaint with the Seller regarding the use of free services provided electronically by the Seller. The complaint can be submitted electronically and sent to the Seller's email address: alex@moodphotocollection.com. The complaint should describe the issue encountered. The Seller will review the complaint promptly, but no later than within 14 days from the date of receipt and will respond to the Customer.

§ 11 Personal Data Protection

The principles of Personal Data Protection are set out in the Privacy Policy.

§ 12 Termination of the Agreement (Does Not Apply to Sales Agreements)

Both the Customer and the Seller may terminate the agreement for the provision of electronic services at any time without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the agreement and the provisions set out below.
A Customer who has completed Registration may terminate the agreement for the provision of electronic services by sending a declaration of will to the Seller, using any means of remote communication that allows the Seller to become acquainted with the Customer's declaration of will.
The Seller may terminate the agreement for the provision of electronic services by sending a declaration of will to the Customer at the email address provided by the Customer during Registration or through another means of remote communication.

§ 13 Final Provisions

The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in cases of intentional damage and within the limits of the actual losses incurred by the Customer who is an Entrepreneur.
The content of these Terms and Conditions may be recorded by the Customer by printing, saving on a medium, or downloading at any time from the Online Store Website.
In the event of a dispute arising from the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The governing law for resolving any disputes arising under these Terms and Conditions is Polish law.
The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to handle out-of-court dispute resolution. These may include, in particular, consumer ombudsmen or Voivodeship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).
The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions are executed based on the Terms and Conditions that were in effect on the date of the order placement by the Customer. The amendment to the Terms and Conditions takes effect within 7 days from the date of publication on the Online Store Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into effect by sending an email containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to inform the Seller of this fact, which results in the termination of the agreement in accordance with the provisions of § 12 of the Terms and Conditions.
Contracts with the Seller are concluded in Polish.
The Terms and Conditions come into force on September 15, 2024.