Terms and Conditions of the Website
www.karinaphoto.com
§1
GENERAL PROVISIONS
- The website www.karinaphoto.com operates under the rules set forth in these Terms and Conditions.
- These Terms define: 2.1. the rules for making Reservations, 2.2. the conditions for concluding and terminating Rental Agreements, Service Agreements, and Digital Content Delivery Agreements, 2.3. the rules for using the Studio, 2.4. the complaint procedure, 2.5. the types and scope of electronic services provided through the Website, 2.6. the conditions for providing these services, and 2.7. the rules for concluding and terminating electronic service agreements.
- Each User, upon commencing the use of electronic services provided by the Website, is obliged to comply with these Terms.
- In matters not regulated by these Terms, the following legal acts of Poland shall apply: 4.1. the Act on the Provision of Electronic Services of 18 July 2002, 4.2. the Consumer Rights Act of 30 May 2014, 4.3. the Act on Out-of-Court Consumer Dispute Resolution of 23 September 2016, 4.4. the Civil Code Act of 23 April 1964, 4.5. other relevant provisions of Polish law.
§2
DEFINITIONS USED IN THE TERMS
- Terms – this document, the Terms and Conditions of the Website.
- Website – the online platform operated by the Service Provider at www.karinaphoto.com.
- Electronic Service – a service provided electronically by the Service Provider to the User via the Website.
- Reservation Form – an online form enabling the User to submit a Reservation.
- Order Form – an online form enabling the User to place an Order.
- Sign-Up Form – an online form enabling the User to register for a Service.
- Review System – an Electronic Service that enables Clients to post reviews about Services and Products.
- Service Provider / Landlord / Seller – Eugene Rak, conducting business under the name DOBRO EUGENE RAK, registered in the CEIDG of the Republic of Poland, address: ul. Hemara 21/48, 80-280 Gdańsk, NIP: 5842816437, REGON: 521712378, email: kariroomstudio@gmail.com, phone: +48 732 916 812.
- User – a natural person, legal person, or organizational unit without legal personality, granted legal capacity by law, using the Electronic Service.
- Tenant / Client – a User with full legal capacity who intends to enter into or has entered into a Rental Agreement, Service Agreement, or Digital Content Delivery Agreement.
- Consumer – a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity.
- Entrepreneur – a person or entity conducting business or professional activity on their own behalf.
- Product – a movable item available on the Website, which is the subject of a Sales Agreement.
- Digital Content – data produced and supplied in digital form, subject to a Digital Content Delivery Agreement.
- Service – a service (e.g. consultation, course) provided through the Website.
- Reservation – a User’s declaration of will constituting an offer to enter into a Rental Agreement.
- Order – a Client’s declaration of will constituting an offer to enter into a Sales Agreement, Service Agreement, or Digital Content Delivery Agreement.
- Rental Agreement – a contract between the Landlord and Tenant for temporary use of the Studio and Equipment under specified terms.
- Sales Agreement – a contract between the Client and Seller for the sale of a Product.
- Digital Content Delivery Agreement – a contract for the delivery of Digital Content.
- Service Agreement – a contract for the provision of a Service.
- Studio – the photography studio located at ul. Belgradzka 10A, Gdańsk.
- Equipment – studio equipment located in the Studio.
- Price – the monetary value payable by the Client for a rental, Service, Digital Content, or Product.
- Digital Environment – computer equipment, software, and network connections used to access or use Digital Content.
- Compatibility – the interoperability of Digital Content with standard digital environments without conversion.
- Functionality – the ability of the Digital Content to perform its functions as intended.
- Integration – combining Digital Content with the Client’s Digital Environment to ensure contractual compliance.
- Photographer – the person conducting the Photo Session, acting as the Service Provider or through third parties, responsible for preparation, execution, post-processing, and delivery of photos in accordance with the agreed scope and personal style.
- Photo Session – a photographic service provided by the Photographer, conducted at the Studio or another location, involving shooting, selection, and editing of photos as agreed in the offer or Agreement.
§3
PLACEMENT OF RESERVATIONS AND ORDERS
- The Service Provider, through the website www.karinaphoto.com, offers the sale of Products, Digital Content, and Services via the Internet and allows Studio Reservations.
- The Products offered on the Website are new, compliant with the contract, and have been legally introduced to the Polish market.
- The Services offered on the Website are legally provided on the Polish market.
- The Digital Content offered on the Website is Functional and Compatible with hardware that meets the technical requirements indicated in their descriptions.
- The information on the Website does not constitute an offer within the meaning of legal regulations. By placing a Reservation or Order, the Client submits an offer to conclude an Agreement under the conditions specified in the Reservation or Order Form.
- Prices displayed on the Website are provided in Polish złoty (PLN) and include all components.
- The price shown on the Website is binding at the time the Client places a Reservation or Order. This price will not change regardless of any future price updates on the Website.
- The rental price of the Studio includes up to 5 people (including the photographer and children). If more than 5 people are present in the Studio during the rental, the Tenant must pay a one-time fee of PLN 50.
- The Service Provider clearly informs Clients about unit prices, promotions, and price reductions. Alongside the price reduction information, the Provider displays the lowest Price that applied during the 30 days preceding the reduction. If the Service, Product, or Digital Content has been offered for less than 30 days, the lowest Price from the date it was introduced to the market until the discount date is displayed.
- Reservations can be made: 10.1. via the Reservation Form on www.karinaphoto.com – 24/7 throughout the year, 10.2. by email at: kariroomstudio@gmail.com, 10.3. by phone or SMS at: +48 732 916 812, 10.4. via Instagram, 10.5. in person at the Studio.
- Orders for Products and Digital Content can be placed using the Order Form on www.karinaphoto.com – 24/7 throughout the year.
- Orders for Services can be placed using the Sign-Up Form available on the Orders page on www.karinaphoto.com – 24/7 throughout the year.
- The condition for placing a Reservation or Order is that the Client reads and accepts the Terms.
- The minimum Studio rental period is 60 minutes.
- When making a Reservation, the Tenant may indicate the wish to use the rental wardrobe offered by the Landlord. Clothing rental prices are listed in the price list on the Website.
- Reservation cancellation: 16.1. The Tenant may cancel the Reservation at any time by sending an email to: kariroomstudio@gmail.com 16.2. If the Reservation is cancelled more than 72 hours before the rental begins, the Tenant may reschedule at no extra charge. If not rescheduled, a fee of 50% of the total rental Price will apply. 16.3. If the Reservation is cancelled less than 72 hours before the rental begins, the Tenant must pay 100% of the total rental Price.
- If the Service Provider is forced to change essential terms of the Agreement before starting the service due to reasons beyond their control, the Client will be immediately notified.
- In such cases, the Client must promptly inform the Service Provider whether: 18.1. they accept the proposed change to the Agreement, or 18.2. they withdraw from the Agreement and receive a full refund without any contractual penalties.
- If the Client withdraws as per point 18 or if the Service Provider cancels the Agreement for reasons beyond the Client's control, the Client has the right to choose: 19.1. to receive a substitute service of the same or higher standard (unless they agree to a lower standard service with a refund of the price difference), 19.2. to demand an immediate refund of all payments made.
- The Service Provider is liable for failure to perform or improper performance of the Agreement unless caused exclusively by: 20.1. the Client’s action or omission, 20.2. actions or omissions of third parties not involved in the Agreement execution, if such actions or omissions could not have been foreseen or avoided, 20.3. force majeure (an unforeseeable or unavoidable event beyond the Service Provider’s control, especially natural disasters, war, domestic unrest, or epidemics).
- The Seller specifies the technical requirements for Digital Content in the description on the Website.
- If the Digital Content is subject to updates, the Seller informs the Client about the updates and the consequences of not installing them: 22.1. if delivered continuously – throughout the Digital Content Delivery Agreement duration, 22.2. if delivered once or in parts – for the period reasonably expected by the Client, considering the purpose and context of the Agreement.
- The Client is obliged to install updates provided by the Seller within a reasonable time. Failure to install the updates according to the Seller’s instructions, after being informed of the consequences, exempts the Seller from liability for non-compliance of the Digital Content with the Agreement.
§4
CONCLUSION OF AGREEMENT
- To conclude a Rental Agreement, the Client must first submit a Reservation through the methods provided by the Service Provider, in accordance with § 3 points 10 and 13.
- To conclude a Sales Agreement or Digital Content Delivery Agreement, the Client must first place an Order through the methods provided by the Service Provider, in accordance with § 3 points 11 and 13.
- To conclude a Service Agreement, the Client must first place an Order through the methods provided by the Service Provider, in accordance with § 3 points 12 and 13.
- Upon receipt of a Reservation by the Service Provider, the Provider immediately confirms its receipt by sending the Tenant an email containing: 4.1. confirmation of all essential elements of the Reservation, 4.2. these Terms and Conditions.
- Upon receipt of the email mentioned in point 4 by the Tenant, the Rental Agreement between the Landlord and the Tenant is deemed concluded.
- Upon receipt of an Order for a Product or Digital Content by the Service Provider, the Provider immediately confirms its receipt by sending the Client an email containing: 6.1. confirmation of all essential elements of the Order, 6.2. a withdrawal form, 6.3. these Terms and Conditions including information on the right of withdrawal, 6.4. confirmation by the Seller of the loss of the right of withdrawal by the Consumer or the entity referred to in § 10 of the Terms, in the case of a Digital Content Delivery Agreement where the content is not provided on a physical medium.
- Upon receipt of the email mentioned in point 6 by the Client, the Sales Agreement or Digital Content Delivery Agreement between the Client and the Seller is deemed concluded.
- Upon receipt of an Order for a Service by the Service Provider, the Provider immediately confirms its receipt by sending the Client an email containing: 8.1. confirmation of all essential elements of the Order, 8.2. the proposed date for performance of the Service, 8.3. the proposed method of payment for the Service.
- The Service Agreement between the Client and the Service Provider is concluded upon the Client's acceptance of the terms stated in the email referred to in point 8.
- A photo session is considered reserved only after the deposit is credited.
- The deposit paid by the Client constitutes a form of performance security for the agreement and is non-refundable in the event of cancellation, delay, or no-show by the Client unless otherwise agreed by the parties.
§5
PAYMENT METHODS
- The Service Provider offers the following payment methods: 1.1. Traditional bank transfer to the Service Provider’s bank account, 1.2. Payment via the electronic payment system (Przelewy24.pl), 1.3. Card or cash payment.
- For traditional bank transfers, payments should be made to the following account: 53 2490 0005 0000 4530 4792 8768, DOBRO EUGENE RAK, ul. Hemara 21/48, 80-280 Gdańsk, NIP: 5842816437. The transfer title should include the date and time of the reservation and the name of the person making the reservation, or the invoice number. In the case of Orders, please provide the Order number.
- For electronic payment methods, the Client must pay before the Reservation or Order is fulfilled. The electronic payment system allows payment via credit card or fast transfer from selected Polish and international banks.
- The Client is required to pay the rental fee under the Rental Agreement no later than on the day the Studio is made available, unless otherwise agreed.
- The Client is required to pay the Price under the Sales Agreement or Digital Content Delivery Agreement within 3 business days from the date of its conclusion, unless otherwise agreed.
- If the payment methods in points 1.1 or 1.2 are chosen, the Product will be shipped and the Digital Content will be delivered only after payment is received.
- For Service Agreements, the Client is required to pay for the Service at the time and in the manner agreed with the Service Provider.
- The payment date is considered the date the funds are credited to the Service Provider’s bank account.
- For Studio reservations longer than 6 hours, the Tenant is required to pay a deposit of PLN 300.
- The fee due to the Landlord for the Agreement and any additional goods or services (such as paper backdrops, Studio cleaning after use of confetti, etc.) is calculated according to the price list available on www.karinaphoto.com or as individually agreed between the parties.
- Photo sessions involving ten or more people and non-standard sessions are subject to individual pricing.
- Studio rental is charged for each commenced hour starting from the time specified in the Reservation.
- If the agreed rental period is exceeded, an additional charge for each commenced hour will apply according to the price list.
- The Service Provider reserves the right to limit available payment methods for Clients who are Entrepreneurs, including requiring advance payment of part or all of the Price, regardless of the selected payment method or the conclusion of the Agreement.
§ 6
RULES FOR USING THE STUDIO
- The primary purpose of the Studio is conducting photo sessions and recording video materials. The Studio may be used for other purposes, including meetings, workshops, or private events, only with the prior consent of the Landlord.
- The Studio is equipped with, among other things, flash lights, stands, modifiers, and radio triggers. The Landlord agrees to provide technically functional Equipment. If the Client or another authorized user notices any malfunctions, they must immediately notify the Studio staff.
- Equipment must be used as intended and in accordance with the manufacturer's and Studio staff’s instructions. In case of doubt, advice should be sought from the Studio staff without delay.
- Lighting equipment and other studio furnishings must be returned in an undamaged condition. Backdrops and the cyclorama are subject to normal wear and tear and may incur additional fees. The Client acknowledges and agrees to inform all persons entering the Studio that no liquids or coloring agents are to be used on the surface of the cyclorama; heavy objects must not be dragged across its floor, nor should stands or any other items be placed or stood on the curves and bends of the cyclorama.
- The Client bears full responsibility for any damage or destruction to the Studio and its equipment, unless the damage is due to the Landlord’s fault. Without limiting the generality of the preceding sentence, the Client is fully liable for damage to the structure and surface of the cyclorama as well as its excessive soiling.
- The Client must agree in advance with the Landlord or Studio staff on the possibility and conditions of photographing with animals. Any damage caused by the animal shall be the Client’s responsibility.
- The Client is asked to finish the session 5 minutes before the rental time ends to allow timely departure.
- The Studio must be vacated and cleared of brought-in belongings and animals before the end of the rental period. Five minutes before the end of the session, the Landlord or Studio staff will check the technical condition of the Studio, Equipment, and decorations and supervise their return.
- The following are strictly prohibited on Studio premises and surrounding areas: 9.1. entering the Studio without clean indoor shoes or while wearing outerwear, 9.2. bringing strollers, bikes, scooters, etc., 9.3. using effects such as lit candles, smoke, soap bubbles, confetti, glitter, or artificial snow without prior arrangement with the Studio staff, 9.4. consuming food and beverages, 9.5. independently changing backdrops or accessories in Equipment or using modeling lights for filming.
- If the Client plans to photograph models in shoes, the soles must be taped with adhesive tape (available from the Studio staff).
- Large furniture may only be moved in agreement with and with the assistance of the Studio staff.
- The Landlord is only liable for damage caused by their intentional fault, unless mandatory provisions of applicable law state otherwise. The Client is fully responsible for securing their property and for any damage caused during the use of the Studio (e.g., stains, scratches, technical damage). Subject to the generality of the preceding sentence, the Landlord is not liable for items left in the Studio by the Client or third parties.
§ 7
COST, DELIVERY TIME, AND METHODS OF PRODUCT DELIVERY AND DIGITAL CONTENT PROVISION
1. Product Delivery:1.1. The delivery costs of the Product, covered by the Client, are determined during the Order process and depend on the chosen payment method and delivery method of the purchased Product.
1.2. The delivery time of the Product includes both the preparation time and the shipping time by the courier.
1.3. The preparation time for Products is 1 to 2 business days from the moment:
a) the payment for the Sales Agreement is credited to the Seller's account, or
b) the transaction is successfully authorized through the electronic payment system.
1.4. Delivery of movable Products by the courier takes place within 1 to 2 business days from the shipment date (delivery is only made on business days, excluding Saturdays, Sundays, and holidays).
1.5. Products purchased on the Website are shipped via courier service.
2. Delivery of Digital Content stored on a non-material medium:2.1. Digital Content is delivered after the expiration of the withdrawal period from the Digital Content Delivery Agreement, unless the Client has expressly agreed to receive the Digital Content before the expiration of that period.
2.2. Subject to point 2.1, the Digital Content is delivered promptly, i.e., within 24 hours from:
a) the payment for the Digital Content Delivery Agreement being credited to the Seller's account, or
b) successful authorization of the transaction via the electronic payment system.
2.3. Digital Content will be delivered to the Client via email to the address provided in the Order Form.
2.4. The Client has unlimited access to the Digital Content and may download it to their own device.
2.5. The Seller provides the Client with the latest available version of the Digital Content.
2.6. The Client will receive only the specified number of professionally edited photos as stated in the offer.
2.7. Source files (RAW) are not provided to the Client.
2.8. Edited photos will be delivered within 20 business days from the date of the session, unless otherwise agreed by the Parties.
§8
COMPLAINTS
1. Complaints related to the Rental Agreement1.1. Any complaints regarding the studio rental may be submitted via email to:
kariroomstudio@gmail.com or in person at the Studio.
1.2. The email or in-person report should include as much information and context as possible regarding the complaint, especially the type and date of the issue and contact information. This will help facilitate and speed up the resolution process.
1.3. The Service Provider will respond to the Client's complaint promptly, no later than within 14 days of its submission.
1.4. The response to the complaint will be delivered to the Client in writing or on another durable medium.
2. Complaints regarding non-compliance of a Product, Digital Content, or Service with the Agreement2.1. The basis and scope of the Seller's liability towards a Client who is a Consumer or an entity referred to in §10 of these Terms for non-compliance of a Product, Service, or Digital Content with the Agreement are set out in the Consumer Rights Act of May 30, 2014.
2.2. The Seller is liable to the Client (Consumer or the entity referred to in §10) for any non-compliance of the Product with the Agreement that existed at the time of delivery and became apparent within 2 years, unless the expiration date is longer.
2.3. The Seller is liable for non-compliance of Digital Content with the Agreement:
a) if delivered continuously – throughout the duration of the Agreement,
b) if delivered once or in parts – for non-compliance present at delivery and revealed within 2 years.
2.4. The Client must cooperate with the Seller to determine whether the non-compliance is due to the Client’s digital environment.
2.5. Notifications about non-compliance and related claims can be submitted via email to:
kariroomstudio@gmail.com2.6. The complaint should include detailed information and circumstances of the issue, such as the type and date of the defect and contact details.
2.7. To assess the Product's non-compliance, the Consumer or entity in §10 must provide the Product to the Seller, who will collect it at their own cost.
2.8. The Seller will respond to the Client’s complaint promptly, no later than within 14 days.
2.9. If the Seller does not respond within 14 days, the complaint is considered accepted.
2.10. The Client may first request the replacement or repair of the Product. For Digital Content or Services, the Client may request alignment with the Agreement. Price reduction or withdrawal is available only in specific cases defined by law.
2.11. For justified complaints by a Consumer or entity from §10, the Seller shall:
a) cover the cost of replacement/repair and redelivery,
b) bring the Digital Content or Service into compliance at their expense,
c) reduce the price and refund the corresponding portion within 14 days,
d) in case of valid withdrawal – refund the full price within 14 days of receiving the declaration (or returned Product/proof of return). The Consumer must return the Product at the Seller’s expense or stop using the Digital Content.
2.12. Complaint responses are delivered on paper or other durable media (e.g., email or SMS).
2.13. The Seller may not charge for the period in which Digital Content was non-compliant, even if the Client used it.
2.14. The Seller must refund only the portion of the Price related to non-compliant Digital Content and any undelivered content due to withdrawal.
3. Complaints related to a photo session or Service Agreement3.1. The Photographer is not responsible for the Client's appearance (e.g., hairstyle, makeup, manicure, clothing condition). The Client is responsible for their own preparation before the session.
§9
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- The right of withdrawal from a distance contract does not apply to service agreements relating to accommodation (other than for residential purposes), transportation of goods, car rental, catering, leisure activities, entertainment, sports, or cultural events, if the contract specifies a specific date or period of performance.
- Subject to point 11 of this paragraph, a Client who is a Consumer or an entity referred to in §10 of these Terms, who has concluded a distance agreement, may withdraw from it without providing any reason by submitting an appropriate statement within 14 days. Sending the withdrawal statement provided on the Website within this period is sufficient to meet the deadline.
- Upon withdrawal, the contract is considered null and void. The Consumer or entity mentioned in §10 must return the Product to the Seller or deliver it to a person authorized by the Seller without delay, but no later than 14 days from the date of withdrawal, unless the Seller offered to collect the Product. Sending the Product back before the deadline is sufficient to comply.
- Products under a Sales Agreement must be returned to: Gdańsk 80-288, Belgradzka 10A Photography Studio.
- The Consumer or entity mentioned in §10 is responsible for any reduction in the Product's value resulting from use beyond what is necessary to determine its nature, characteristics, and functioning—unless the Seller failed to inform them about the withdrawal procedure and provide a withdrawal form. To inspect the Product’s nature, features, and functionality, the Consumer or entity mentioned in §10 should handle and examine the Product as they would in a physical store.
- Subject to points 7 and 9 of this paragraph, the Seller shall refund the Product’s price and delivery costs using the same payment method used by the Consumer, unless another refund method was expressly agreed that doesn’t involve additional costs. Subject to point 8, the refund shall be made promptly and no later than 14 days from receiving the withdrawal statement.
- If the Consumer or entity referred to in §10 chose a delivery method other than the cheapest standard delivery option offered by the Website, the Seller is not required to refund the extra costs.
- If the Seller did not offer to collect the Product from the Consumer or the entity mentioned in §10, the refund may be withheld until the Product is returned or proof of return is provided—whichever occurs first.
- The Consumer or entity referred to in §10 who withdraws from the Sales Agreement bears only the cost of returning the Product.
- The 14-day withdrawal period is calculated as follows: 10.1. for a contract involving the transfer of ownership – from the day the Consumer or entity in §10 (or a third party indicated by them, not being the carrier) receives the Product, 10.2. for contracts covering multiple items delivered separately, in batches, or in parts – from the date of receipt of the last item, batch, or part, 10.3. for regularly delivered items over a set period – from the date of receipt of the first item, 10.4. for other contracts – from the date the agreement was concluded.
- The right of withdrawal from a distance contract does not apply to a Consumer or entity in §10 in the case of contracts: 11.1. for non-prefabricated goods made to the Consumer’s specifications or clearly personalized, 11.2. for sealed goods that, after opening, cannot be returned for health or hygiene reasons, 11.3. for goods that after delivery are inseparably mixed with other items, 11.4. for services fully performed with the Consumer’s prior explicit consent and acknowledgment of loss of the right to withdraw, 11.5. for perishable goods or goods with a short shelf life, 11.6. for sealed audio or video recordings or software, once the packaging has been opened, 11.7. for the delivery of Digital Content not provided on a tangible medium, where performance began with the Consumer’s prior explicit consent and acknowledgment of the waiver of withdrawal rights, and where confirmation has been provided.
- Both the Seller and the Client have the right to withdraw from the Agreement if the other party fails to fulfill their obligations within a strictly defined deadline.
- The Client has the right to reschedule the photo session once, provided the Service Provider is notified no later than 72 hours before the originally agreed date. Otherwise, the deposit is forfeited.
- If the Client cancels the photo session, the deposit is non-refundable due to preparatory actions already undertaken.
- If the Client is late for the session, the duration will be proportionally shortened without the option of extension.
§10
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
- A sole proprietor (this paragraph does not apply to commercial companies) is entitled to consumer protection under the Consumer Rights Act, provided that the agreement concluded with the Service Provider is directly related to their business activity but does not have a professional character for them, particularly as evidenced by the nature of their business as recorded in the official business registry.
- An individual entrepreneur referred to in point 1 of this paragraph is entitled to protection only in the following areas: 2.1. prohibited contractual terms, 2.2. liability for non-compliance of the Product, Digital Content, or Service with the contract, 2.3. the right to withdraw from a distance contract, 2.4. rules regarding the supply of Digital Content or digital services.
- The entrepreneur mentioned in point 1 loses the above consumer rights if the contract they concluded with the Service Provider is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), particularly based on the Polish Classification of Activities (PKD) codes listed therein.
- Entrepreneurs referred to in point 1 are not entitled to institutional consumer protection provided by district consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).
§11
PROVISIONS CONCERNING ENTREPRENEURS (B2B)
- This paragraph contains provisions applicable exclusively to entrepreneurs who are not covered by the consumer protection laws referred to in §10 of these Terms and Conditions.
- The Seller has the right to withdraw from a contract concluded with a Client who is an Entrepreneur within 14 business days from the date of conclusion. Such withdrawal may occur without stating a reason, and the Entrepreneur shall not be entitled to any claims against the Seller in this regard.
- The Seller reserves the right to limit the available payment methods for Clients who are Entrepreneurs, including requiring partial or full prepayment, regardless of the selected payment method and regardless of whether a contract has been concluded.
- The benefits and burdens related to the Product, as well as the risk of accidental loss or damage, pass to the Entrepreneur at the time the Product is handed over to the carrier by the Seller. The Seller is not liable for any loss, damage, or delay that occurs after the Product is handed over to the carrier until it is delivered to the Entrepreneur.
- When the Product is shipped to the Client via a carrier, the Entrepreneur is obliged to inspect the shipment in accordance with the practices applicable to such deliveries. If any shortage or damage is identified during transport, the Client must take all steps necessary to establish the liability of the carrier.
- The Service Provider may terminate an Electronic Services Agreement with immediate effect and without providing any reason by delivering a termination statement to a Client who is not a Consumer.
§12
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables the use of the following Electronic Services via the Website: 1.1. Reservation Form, 1.2. Order Form, 1.3. Registration Form, 1.4. Review System.
- The provision of Electronic Services to the Users through the Website is carried out under the terms specified in these Terms and Conditions.
- The Service Provider reserves the right to post advertising content on the Website. Such content is an integral part of the Website and the materials presented therein.
- The Service Provider is not liable for any temporary unavailability of the Website due to technical issues beyond its control.
§13
CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- The provision of Electronic Services specified in §12 point 1 of these Terms and Conditions by the Service Provider is free of charge.
- The duration of the agreement: 2.1. The agreement for the provision of the Electronic Service allowing the User to make a Reservation through the Website is concluded for a fixed period and is terminated upon submission of the Reservation or cessation of the reservation process by the User. 2.2. The agreement for the provision of the Electronic Service allowing the User to place an Order through the Website is concluded for a fixed period and is terminated upon submission of the Order or cessation of the ordering process by the User. 2.3. The agreement for the provision of the Electronic Service allowing the User to send a message to the Service Provider via the Registration Form is concluded for a fixed period and is terminated upon sending the message or ceasing to send it by the User. 2.4. The agreement for the provision of the Electronic Service allowing the User to use the Review System is concluded for a fixed period and is terminated upon posting a review or ceasing to use this Service by the User.
- Technical requirements necessary for cooperation with the IT system used by the Service Provider: 3.1. A computer (or mobile device) with internet access, 3.2. Access to email, 3.3. A web browser, 3.4. Cookies and JavaScript enabled in the web browser.
- The User is obliged to use the Website in a lawful manner and in accordance with good practices, respecting the personal rights and intellectual property rights of third parties.
- The User is obliged to provide data that is consistent with the actual state of affairs.
- The User is prohibited from providing unlawful content.
§14
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
- The User may submit complaints related to the provision of Electronic Services via the Website by email to: kariroomstudio@gmail.com
- The email should include as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The provided information will significantly facilitate and expedite the complaint handling process by the Service Provider.
- The Service Provider shall respond to the complaint without undue delay, no later than within 14 days from the date of its submission.
- The Service Provider’s response to the complaint will be sent to the User’s email address provided in the complaint or in another manner indicated by the User.
§15
INTELLECTUAL PROPERTY
- All content posted on the website at www.karinaphoto.com is protected by copyright law and (subject to §15 point 3 and elements used under license, copyright transfer, or permitted use) is the property of Eugene Rak, conducting business under the name DOBRO EUGENE RAK, registered in the Central Registration and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for the economy. Mailing address: ul. Hemara 21/48, 80-280 Gdańsk, NIP: 5842816437, REGON: 521712378. The User bears full responsibility for any damage caused to the Service Provider resulting from the use of any content from www.karinaphoto.com without the Service Provider’s consent.
- Any use, without the express written consent of the Service Provider, of any elements comprising the content and materials on the www.karinaphoto.com website constitutes a violation of the Service Provider’s copyright and will result in both civil and criminal liability.
- All trade names, company names, and their logos used on the website www.karinaphoto.com belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions, and photos presented on the website www.karinaphoto.com are used for informational purposes.
- The Client is not allowed to alter the color palette, retouch, or apply filters to photographs provided by the photographer – such actions infringe on the author’s creative vision and proprietary rights.
§16
FINAL PROVISIONS
- Contracts concluded via the Website are governed by Polish law.
- In the event of any part of the Terms and Conditions being inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
- Any disputes arising from contracts between the Website and Users or Clients shall be resolved primarily through negotiation, with the intention of amicable settlement, taking into account the Act on Out-of-Court Consumer Dispute Resolution. If this is not possible or satisfactory for either party, disputes shall be resolved by the competent common court, in accordance with point 4 of this section.
- Judicial resolution of disputes: 4.1. Any disputes arising between the Service Provider and the User (Client) who is also a Consumer or an entity referred to in §10 of the Terms and Conditions shall be submitted to the courts competent under the provisions of the Polish Code of Civil Procedure of November 17, 1964. 4.2. Any disputes arising between the Service Provider and the User (Client) who is an Entrepreneur (excluding Entrepreneurs referred to in §10) shall be submitted to the court competent for the registered office of the Service Provider.
- A Client who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after completing the complaint procedure, a request to initiate mediation or a request for the case to be examined by an arbitration court (the application form is available at: http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance from the district (municipal) consumer ombudsman or a consumer protection organization. Out-of-court claims after the complaint procedure are free of charge.
- In order to resolve a dispute amicably, the Consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/.
- In the event of a gross breach of cooperation principles by the Client (e.g., lack of respect for the photographer or the team, imposing their own way of conducting the session), the Photographer reserves the right to immediately terminate the cooperation without refunding the deposit.