Terms and conditions

§ 1. General Provisions

  1. These Terms and Conditions (hereinafter referred to as the “Terms”) govern the terms of use of the online gallery and store operating at dkart.gallery (hereinafter referred to as the “Store”), including the placement of orders, conclusion of distance sales contracts, delivery procedures, consumer rights, and dispute resolutions.
  2. The owner and operator of the Store is: DKART GALLERY Dorota Kapelska
    • Registered business address: os. Orła Białego 3 lok. 62, 61-251 Poznań, Poland
    • Tax Identification Number (NIP / VAT-EU): PL7571381594
    • National Business Registry Number (REGON): 302762696
    • Contact: contact@dkart.gallery
  3. Deliveries are carried out within the territory of Poland, the European Union (EU), the United Kingdom (UK), the United States of America (USA), Canada, Switzerland, Norway, and other select international destinations upon prior arrangement.
  4. By placing an order via the Store, the Customer confirms having read, understood, and accepted these Terms.

§ 2. Definitions

  • Original Artwork – a unique, one-of-a-kind physical work of art created personally by the Artist (including oil, acrylic, or mixed media on canvas/panel), accompanied by an official signed Certificate of Authenticity.
  • Author’s Fine Art Print – an authorized, museum-grade archival reproduction produced under the Artist’s personal supervision using professional pigment ink technology (Giclée / Fine Art). Prints are executed on archival, acid-free cotton papers—offered unframed or in professional gallery framing (including acrylic glass / bespoke frames), issued as limited, hand-signed and numbered editions, or open editions.
  • Product – any Original Artwork or Author’s Fine Art Print listed in the Store.
  • Customer / Buyer – any natural person, legal entity, or organizational unit placing an order.
  • Consumer – an individual entering into a transaction for purposes predominantly outside their trade, business, craft, or profession.
  1. All Original Artworks, Author’s Fine Art Prints, photographs, and digital assets displayed in the Store are protected under international copyright treaties and Polish copyright law.
  2. The purchase and delivery of a Product transfer solely the physical ownership of the specific physical piece. The transaction does not grant any transfer of copyrights, commercial reproduction rights, digital redistribution rights, or public commercial display rights. All copyrights remain exclusively with the Artist.
  3. Online mockups and interior visualization images are for illustrative purposes only. Minor variations in hue, contrast, and texture may occur between the screen display and the physical work due to individual monitor color calibration.

§ 4. Pricing, Currencies, and International Taxes (Customs)

  1. Prices on the Store are displayed in EUR / USD / PLN.
  2. European Union Orders: Prices for shipments delivered within the European Union include applicable statutory VAT.
  3. Non-EU International Orders (USA, UK, Switzerland, Canada, etc.):
    • Products shipped outside the European Union are subject to import customs regulations of the destination country.
    • Customs, Import Duties, and Local Taxes: Any customs duties, import tariffs, local VAT/GST, clearance fees, or brokerage charges levied by the destination country’s authorities are the sole responsibility of the Buyer. The Seller is not responsible for customs delays or unpaid import duties.
  4. Any bank conversion fees, card transaction fees, or currency exchange differences charged by the Buyer’s financial institution are borne by the Buyer.

§ 5. Orders and Production Lead Times

  1. Orders are finalized upon completing the checkout form, selecting shipping and payment methods, accepting these Terms, and completing the payment step.
  2. Production and handling lead times (prior to dispatch):
    • Original Artworks: standard handling time is 2 to 4 business days (for formal documentation, Certificate of Authenticity signing, and bespoke multi-layer protective packaging).
    • Unframed Author’s Fine Art Prints: 3 to 5 business days (pigment printing, drying/curing, hand-signing, and archival tube packaging).
    • Framed Author’s Fine Art Prints (under acrylic glass): 5 to 8 business days (custom framing assembly, acrylic fitting, and reinforced boxed crating).
    • Custom Commission Artworks: individual delivery schedule agreed upon directly via written correspondence.

§ 6. Shipping, International Transit, and Transit Damage

  1. Shipments are handled via reputable international courier services (e.g., DHL Express, FedEx, UPS, DPD) and are fully insured during transit.
  2. Estimated international transit times after dispatch:
    • European Union: 2 to 5 business days.
    • UK & Switzerland: 3 to 6 business days (subject to customs clearance).
    • USA & Canada: 4 to 8 business days (air express).
  3. Receipt and Inspection: Customers are strongly advised to inspect the exterior shipping container upon receipt. If obvious physical damage to the crating, box, or security tape is visible, please request the courier to log an official damage report (or record photos before signing) to facilitate insurance claims.
  4. Unpacking works framed with acrylic glass must be performed with care; do not use sharp blades directly across the acrylic surface to prevent micro-scratches.
  5. Risk of loss or damage to the Product passes to the Consumer upon physical delivery. While filing a courier damage report is not a mandatory legal condition for exercising statutory warranty rights, it greatly facilitates insurance claims.

§ 7. Right of Withdrawal and Returns (EU Consumers)

  1. Under EU Consumer Rights Directive (2011/83/EU), Consumers residing in the European Union have the right to withdraw from the contract without stating a reason within 14 calendar days from the date of physical receipt of the Product.
  2. To exercise the right of withdrawal, the Customer must notify the Seller by an unambiguous written statement sent via e-mail (contact@dkart.gallery) prior to the 14-day expiry.
  3. Statutory Exceptions to the Right of Withdrawal: In accordance with statutory provisions, the right of withdrawal does not apply to:
    • Custom-made or personalized products produced to the Consumer’s individual specifications (e.g., bespoke canvas dimensions, custom frame moldings, or made-to-order commissioned paintings).
  4. Conditions for Returned Artworks:
    • Returned Original Artworks must include the original, undamaged Certificate of Authenticity.
    • The Customer must pack and secure the returned artwork using equal or higher-grade protective materials as originally supplied (corner guards, rigid boards, shock absorption). The Customer is liable for any diminished value resulting from inadequate protective packaging during return transit.
    • Return Shipping Costs: The Customer bears all direct costs of returning the product, including international shipping, courier insurance, and return customs declarations if returning from outside the EU.
  5. Refunds will be issued within 14 days of receiving the returned item in an undamaged state, using the original payment method.
  6. To exercise the right of withdrawal, the Customer may use the statutory model withdrawal form provided in Appendix 1 at the end of these Terms, or submit any other unequivocal statement via e-mail to contact@dkart.gallery.

§ 8. Complaints and Warranty

  1. The Seller is liable for any conformity defect of the Product existing at the time of delivery under applicable statutory warranty regulations.
  2. Any claims regarding manufacturing flaws or transit defects should be submitted via e-mail to contact@dkart.gallery, including the order number, description, and photographs documenting the issue.
  3. The Seller will review and respond to the formal complaint within 14 calendar days.
  4. For non-consumer buyers (B2B), statutory warranty liability for physical defects is excluded to the extent permitted by law.

§ 9. Applicable Law and Jurisdiction

  1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Poland.
  2. For EU consumers: the choice of Polish law shall not deprive the Consumer of the mandatory consumer protection provisions afforded to them under the laws of their habitual country of residence within the EU (Rome I Regulation).
  3. Any disputes arising between the Seller and non-consumer entities shall be submitted to the competent court having territorial jurisdiction over the registered seat of the Seller.
  4. These Terms are effective as of the date of publication on the Store.
  5. EU Consumers may also use the European Commission’s Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr

Appendix 1: Statutory Model Withdrawal Form

To:

DKART GALLERY Dorota Kapelska

os. Orła Białego 3 lok. 62, 61-251 Poznań, Poland

E-mail: contact@dkart.gallery

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:

— Ordered on (*) / received on (*):

— Name of consumer(s):

— Address of consumer(s):

— Signature of consumer(s) (only if this form is notified on paper):

— Date:

(*) Delete as appropriate.

Original Oil Paintings

Hand-painted on canvas using professional-grade oil paints. Individually signed by the artist.

Worldwide Shipping

Professionally packed, fully insured and shipped worldwide directly from the artist's studio.

Certificate of Authenticity

Every original artwork and limited edition is accompanied by a signed Certificate of Authenticity.