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TERMS & CONDITIONS


GENERAL INFORMATION

1. The Website is under sole proprietorship of the Operator.

2. The Operator makes the following email address available to Users: info@walldone.com; it is intended to be used by the Users to contact the Operator by sending enquiries, suggestions and comments.

3. Whenever the Regulations refer to notifying, informing or any other form of contact with the Operator, it shall be understood as sending an email to the email address indicated in the previous section.

4. Every User, prior to using the Website, is obliged to familiarize themselves with the Regulations.

5. Using the Website entails accepting and obeying the Regulations.

6. The logo and the name of the Website are legally protected Operator’s goods; any use of the logo or the name of the Website without the Operator’s consent, except for the instances allowed by the applicable law, is forbidden and will cause the Operator to respond immediately, including prosecuting the person who violates the copyright ownership for damages.

7. Copyright ownership of graphic elements of the Website (except for the content published on the Website by Creators) and other content published thereon by the Operator that constitutes a work within the meaning of the copyright law, as well as the right to view the Website as a whole, is reserved solely to the Operator and any form of copying, duplicating, distributing and modifying the elements of the Website, as well as the Website as a whole, without a clear written consent from the Operator constitutes a violation of the Operator’s copyright ownership and will cause the Operator to respond immediately, including prosecuting the person who violates the copyright ownership for damages.

8. The Operator reserves the right to publish advertising, promotional or marketing materials on the Website; the materials may come from the Operator or third parties with whom the Operator signs separate agreements.



TECHNICAL CONDITIONS OF USING THE WEBSITE; PROHIBITION OF PUBLISHING ILLEGAL CONTENT; REPORTING ILLEGAL CONTENT

1. In order to use the services available on the Website correctly, including making purchases in the Shop (Print Store), and to register and log on effectively, the User needs all of the following:

1) Internet connection;

2) a device that allows to use the Internet resources;

3) an Internet browser that a) displays hypertext documents on the screen, linked on the Internet by World Wide Web service and b) supports programming language JavaScript and accepts cookie files.

4) an active email address.

2. The Operator clearly states that it is strictly prohibited to publish any illegal content on the Website, especially any content that encourages hatred on racial, ethnical, religious grounds, pornographic content, content glorifying fascism, Nazism, communism, violence, offending religious feelings, violating rights of other persons, etc.

3. It is particularly prohibited to publish materials, including Photographs, on the Website that in any way infringe copyright law or reserved trademarks.

4. The Operator, upon learning that a User has published illegal content, including content that violates copyright law, on the Website, shall disable access to such content.

5. Each User is required to notify the Operator if illegal content has been published; in such event the User shall send a notification message to the email address specified herein, which enables the Website to locate the illegal content on the Website.



ENTERING INTO AGREEMENT TO USE THE WEBSITE – REGISTRATION

1. Through the Website, the Operator enables Users to enter into agreement to use the Website services offered by the Operator, which gives the User access to Website functionalities.

2. In order to complete Registration, the User is required to fill in the registration form, in which they enter the following, true information: first name and surname of the person who is registering or the company name, email address, NIP (only for business persons), login, password, mobile phone number, delivery address for purchases made on the Website.

3. When registering, the User is required to enter only true information, in particular details of their business activity, if the User intends to make purchases in the Shop (Print Store) billed to their company.

4. The Operator shall not be held responsible for authenticity of the information entered by the User in the registration form. In particular, the Operator shall not be held responsible if, due to entering false information, the Operator fails to carry out the agreement.

5. In case of Creators, using the Website and all functionalities available to them will be possible after entering into a separate agreement with the Operator.

6. To complete the Registration it is necessary for the User to familiarize themselves and accept the Regulations.

7. When the Registration is complete, the Operator opens a User Account.



SERVICES AVAILABLE FOR NON-CREATORS

1. Access to the services provided by the Operator through the Website is free of charge.

2. The Operator makes it possible for the Users to access materials collected on the Website, view them and access the Shop (Print Store).



SHOP (PRINT STORE)

1. Registered and unregisterd Users can make purchases in the Print Store.

2. In the Print Store, the Operator offers editions of Photographs; the size and the material on which the print is printed are chosen by the User and are available in different finishes.

3. The price of the copy of a Photograph depends on the material, size of the printout and a chosen frame option; it includes the Operator’s and Creator’s commission and is clearly presented on the Website.

4. The User makes a purchase by placing an order in the Basket.

5. The User places selected Photographs and their frames in the Basket and:

1) fill up all required forms,

2) chooses delivery method for the purchased copy(ies) of the Photograph. The delivery is chargeable. Available methods of delivery and their costs are presented on the Website at http://walldone.com/shipping.

3) can verify correctness of the information entered by the User into the registration form and correct it, if applicable.

6. The User places an order which includes selected copies of the Photographs by clicking the „continue to checkout” button.

7. The order will be processed when the Operator receives a conformation of the payment made by the User through a transaction system available on the Website.

 

PROCESSING ORDERS

1. All orders are processed by the Operator on ongoing basis, no later than within 18 days for shipment on the territory of the European Union; within 24 days for shipment to other European countries; within 28 days for countries outside Europe.

2. In special cases, when the User chooses untypical assigment, which makes the execution of the order impossible within the period specified in section 1 herein, the Operator shall inform the User about the ensuing situation and give the date of completing the order by sending a message to the email address entered by the User during Registration.

3. The Photographs purchases in the Shop, as well as fitting frames chosen by the User, have customer-selected parameters and are tailored to specific needs of Users, made for the specific order, not stored, therefore the User, who is a consumer, cannot exercise the right to withdraw from the agreement without giving a reason.

4. The Operator is not responsible for a lengthened delivery period, due to circumstances beyond his control.

5. The Operator includes a VAT invoice or bill into the delivery.


AUCTIONS

1. The auction is open with the common decision of the Operator and the Creator.

2. Start price and end date are set by the Operator and the Creator.

3. User may bid the price by cliking on the BID button.

4. Bid step is define by the Operator form 5 to 500 Euro.

5. User may track the auction history in the Profile.

6. After finished Auction Operator contact Auction winner to decide about the print and delivery.



CREATORS – USING THE WEBSITE

1. Creators can use the Website under the terms of a separate agreement with the Operator, which shall be entered into when the Creator accepts the General Cooperation Terms and Conditions between the Creator and the Operator, which determine the content of a separate agreement.

2. The agreement with the Operator determines in particular terms and conditions, amount, due dates and payment methods of the commission to which the Creator is entailed by way of granting a licence; the Creator is entitled to the commission only when a Photograph published by the Creator on the Website is sold in the Shop by the Operator. In other cases, other sections of the Regulations are in force, as long as there has been no other arrangement.



PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION, PRIVACY PROTECTION

1. The Operator is the administrator of the Personally Identifiable Information. The User gives their Personally Identifiable Information voluntarily; it is, however, necessary for the User if they decide to register to the Website in order to be able to make purchases in the Shop (Print Store).

2. Personally Identifiable Information shall be processed by the Operator solely in order to complete Registration and to execute sale and purchase agreement entered into in the Shop (Print Store).

3. Personally Identifiable Information processed by the Operator include: first name, surname, email address, login, password, address, delivery address, telephone number.

4. Personally Identifiable Information of the User shall not be made available to other Website Users.

5. Every User is eligible to review their Personally Identifiable Information and to edit it or demand to delete it.

6. The Operator ensures that he shall use his best endeavours to make sure that processing of Personally Identifiable Information is carried out with the utmost care for privacy of the persons whose information is being processed and with the utmost diligence in securing the Personally Identifiable Information being processed; in particular the Operator ensures that he has taken all legal measures to secure the collected Personally Identifiable Information, including in particular:

1) technical and organizational measures that ensure protection of the processed Personally Identifiable Information that match the threats and categories of the protected information; in particular the Operator protects the information from making it available to unauthorized persons, seizing it by unauthorized persons, processing it with violation of the law, as well as changes, loss, damage or destruction of such information;

2) keeping records that specify the method of processing Personally Identifiable Information and measures specified above;

3) only persons who hold an authorization from the Operator are allowed to process Personally Identifiable Information;

4) the Operator controls which Personally Identifiable Information, when and by whom were included into the collection and to whom it is transferred;

5) the Operator keeps a record of persons allowed to process Personally Identifiable Information.

7. The Operator gathers information about IP numbers of computers that access the website at http://walldone.com. Data collected in that way is used to analyse and verify the correct operation of the Website. Such data is used for instance to create page views statistics.

8. IP numbers data is used for technical purposes.

9. Some parts of the Website use cookies files – text files saved on the User’s computer and identifying them in order to use some of the Website functionalities.

 


NEWSLETTER 

Having obtained a clear consent from the User, expressed during Registration or in the course of using the Website, the Operator shall send a newsletter to the User’s email address which was given during Registration.[MB1] 

Newsletter includes updates on new and special offers available on the Website, as well as promotional and advertising materials of third persons, including equity affiliates of the Operator. The User can unsubscribe from the newsletter at any time.



OPERATOR'S DISCLAIMER

1. The Operator shall no be held responsible for disruptions in functioning of the Website, as well as for any losses of the User’s Information that resulted from events of force majeure, third persons, as well as Operator’s activities aimed at improving functionalities of the Website. The Operator commits himself to informing Users in advance, if possible, about disruptions in functioning of the Website, in particular maintenance breakdowns.

2. The Operator shall not be held responsible for activities of third persons such as using the functions of the Website or materials published on the Website, including Photographs, against the applicable laws and these Regulations.

3. The Operator shall also not be held responsible by Users and third persons for:

1) content of the data entered by the Users in forms and on the Website,

2) any damages suffered by the User, caused by incorrect saving or loading the data downloaded by the User;

3) damages caused as a result of shutdown or breakdown of teleinformation system, power failures;

4) inability to log onto the Website, caused in particular by insufficient quality of the connection, breakdown of teleinformation system or power failure, incorrect configuration of the User’s software.

4. The User is fully responsible for content of the messages sent by email to the Operator and other Users, including criminal liability for illegal actions.

Wall done photography

 

COMPLAINTS ABOUT FUNCTIONING OF THE WEBSITE

1. This section does not apply to complaints about quality of copies of Photographs purchased in the Print Store.

2. Each User is entitled to make a complaint about functioning of the Website.

3. Complaints shall be sent via email to feedback@walldone.com or by letter to the Operator’s address.

4. The Operator shall investigate the complaint within 14 (fourteen) business days from the day of receiving such complaint. Business days are understood as weekdays from Monday to Friday, except for Bank Holidays. By sending a complaint by email, the User agrees to receive the Operator’s response through email. The Operator reserves the right not to respond to a clearly groundless complaint, such as re-sent complaints about the same accusation as the previous complaint made by the User that has been dismissed by the Operator. Complaints resulting form not abiding by Regulations will not be considered.

5. The answer to the complaint shall be sent to the User to the address given by the User in their complaint.

6. The Operator reserves the right to lengthen the time frame referred to in section 4 hereof in the event that the complaint require special attention or meet obstacles beyond the Operator’s control (machinery and internet breakdowns etc.). The Operator also informs that considering a complaint may require obtaining additional explanation from the User – time needed by the User to give each explanation lengthens the time needed to consider the complaint.



COMPLAINTS – GOODS PURCHASED IN THE SHOP (PRINT STORE)

1. The Operator shall take a position on the User’s complaint within 14 (fourteen) business days and notify them about the ensuing steps. Business days are understood as weekdays from Monday to Friday, except for Bank Holidays.

2. A necessary condition for the complaint to be considered is shipping the faulty Photograph or its frame, along with a proof of purchase and description of the complaint by mail to the Operator. At his discretion and in justified cases, the Operator can consider a complaint solely based on photographs attached to the complaint or other faults of the copy of a Photograph or its frame.

3. In the event that the delivered package, packaging or security tape be damaged etc., the User is required to attach photographs that document the damage to the complaint so that the Operator can make a further complaint to the delivery company.

4. If the complaint is considered in favour of the User, the Operator shall fix or exchange the faulty copy of the Photograph or its frame, or, if exchange is not possible, shall pay the amount of the faulty goods within 14 (fourteen) days from the days of settling the claim.

5. Complaints resulting form differences in colours between the Photograph purchased by the User and the image of the Photograph on the User’s computer screen shall not be considered, as long as the differences do not result from incorrect actions of the Operator. The Operator ensures that he prints the Photographs using machinery and software which guarantee the highest quality of copies and best representation of colours.



CHANGES IN REGULATIONS

1. The Operator reserves the right to change the Regulations from time to time.

2. All changes incorporated into the Regulations shall be made visible on the Website at least 14 days before the changes become effective.

3. Changes in the Regulations bind the User from the day determined by the Operator as the day of becoming effective.



FINAL PROVISIONS

1. The Operator reserves the right to conclude other terms and conditions of using the Website with individual Users, based on a separate written agreement. In such case, the Regulations apply only when the written agreement does not state otherwise.

2. The Regulations become effective as of 15 May 2011.

3. The Regulations are available here, as well as in the Operator’s seat.

4. The sale agreement shall be performed at the Operator’s seat.

5. All disputes between the Operator and Users shall be settled by a common court, matching the Operator’s seat, with the proviso that this provision is not binding for consumers.



DEFINITIONS

Terms used herein shall be understood as follows:

1) Operator – ENSO Hubert Przybylski, Poland, 50-306 Wrocław, Mosbacha Street 11/9, based on an entry into the President of Wroclaw’s register of business activity, ref. no 193992, NIP 9730320466, REGON 020710849;

2) Website – an organized computer platform connected to the Internet, created and run by the Operator at the walldone.com domain, which enables the User to use the resources of the platform by viewing its content, as well as to publish Photographs and make purchases on the Website in compliance with the rules hereof .

3) Regulations – this document that in particular regulates the terms of use and functioning of the Website, purchases, methods of payment and delivery of the purchased goods, rights and responsibilities of the Users, rights and responsibilities of the Operator and all potential appendices to this document, referred to in its body and constituting an integral part hereof.

4) User – any natural person with capacity to perform acts in law; a natural person with a limited capacity to perform acts in law who, in the event of performing an act in law which administers their assets, has a permission of a legal representative to do so; a legal person or organization that is not a legal person, but is granted legal capacity by applicable law, and uses the Website in any way.

5) Creator – A User who publishes graphic files (Photographs) on the Website under provisions of a separate agreement with the Operator, but in compliance with the rules specified herein.

6) Photographs – graphic files published by Creators on the Website, accepted by the Operator;

7) Account – a place on the Website available to Users after Registration which enables the User to enter, delete and modify data;

8) Registration – a procedure of registration on the Website;

9) Shop (Print Store)  – a selling platform through which Users can purchase copies of Photographs, either framed or not; 

10) Cart – an element of the Shop that enables the User to specify order details, such as: number of copies of Photographs, delivery address, billing information, delivery and payment method etc. 

On behalf of the Operator