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Terms and Conditions
§1. GENERAL INFORMATION
1.1. The Online Store is available at www.turchenkogallery.com and is operated by Ulyana Turchenko, conducting business under the name Ulyana Turchenko, registered in the Central Registration and Information on Business (CEIDG) of the Republic of Poland maintained by the minister competent for economic affairs, with the following business and mailing address: ul. Elizy Orzeszkowej 14, 73-110 Stargard, Poland; NIP: 8542453475; REGON: 540895504; email address: info@turchenkogallery.com.
1.2. These Terms and Conditions set out the rights and obligations related to the use of the Online Store. They apply to both consumers and entrepreneurs using the Online Store, unless a specific provision states otherwise and is addressed exclusively to consumers or entrepreneurs.
1.3. The administrator of personal data processed within the Online Store in connection with the implementation of these Terms and Conditions is Ulyana Turchenko. Personal data is processed for the purposes, for the duration, and on the bases and principles described in the Privacy Policy published on the Online Store's website. The Privacy Policy primarily outlines the rules for processing personal data by the Administrator, including the legal bases, purposes, and periods of data processing, the rights of data subjects, and information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Likewise, the provision of personal data by the User or Customer of the Online Store is voluntary, subject to the exceptions indicated in the Privacy Policy (e.g. entering into a contract and statutory obligations of the Seller).
1.4. Definitions:
BUSINESS DAY – any day from Monday to Friday excluding public holidays.
REGISTRATION FORM – an electronic service, a form available on the Online Store that allows the creation of an Account.
CART – an electronic service available at www.turchenkogallery.com that enables the placement of an order for selected products and subsequently the confirmation of independently placed orders in a single action. The cart aggregates orders, meaning multiple offers to conclude a sales contract can be made within one order.
ORDER – an electronic service; the form of submitting an offer to us to conclude a contract of sale for a product placed in the cart.
CUSTOMER – a natural person with full legal capacity, or in cases provided for by generally applicable law, a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality to which the law grants legal capacity, who has entered into or intends to enter into a sales contract with the Seller.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – an electronic service, a digital record maintained free of charge for you by us, where your personal data and information on your activities within www.turchenkogallery.com are stored. Access to the account enables identification in our Online Store and order placement.
NEWSLETTER – an electronic service; a distribution service provided by the Service Provider via e-mail, allowing all Users who subscribe to automatically receive periodic content of subsequent editions of the newsletter, including information about products, promotions, news, and sales in the Online Store.
PRODUCT – a movable item available in the Online Store that is the subject of a sales contract between the Customer and the Seller. Products presented in the Online Store that, upon your order and our acceptance, may be purchased by you.
TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
ONLINE STORE – the Service Provider’s online store available at www.turchenkogallery.com.
SELLER/SERVICE PROVIDER – Ulyana Turchenko, conducting business activity registered in the Central Registration and Information on Business of the Republic of Poland, maintained by the minister competent for economic affairs, with the following business and mailing address: ul. Elizy Orzeszkowej 14, 73-110 Stargard, Poland; NIP: 8542453475; REGON: 540895504; email: info@turchenkogallery.com.
SALES CONTRACT – a contract for the sale of a product within the meaning of the Civil Code, concluded using means of distance communication and concerning the sale of products for a price increased by shipping costs.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Online Store.
USER – a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity; a legal person; or an organizational unit without legal personality to which the law grants legal capacity, using or intending to use an Electronic Service.
CONSUMER RIGHTS ACT, THE ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
§2. CONDITIONS FOR USING THE WEBSITE AND ITS ELECTRONIC SERVICES
2.1. Our website www.turchenkogallery.com provides the following functionalities and free electronic services: Account, Registration Form, Cart, Orders, and Newsletter.
Account – You can use the Account after completing two consecutive steps: filling in the Registration Form and clicking the “Create Account” button. The Registration Form requires the following information: full name, email address, password, and optionally date of birth. By checking the “Create Account” box during registration, you confirm that you accept these Terms and Conditions, agree to all provisions, and undertake to comply with them.
The Account electronic service is provided free of charge for an indefinite period. You may delete your Account at any time without providing a reason by sending a request to the Service Provider, especially via email at: info@turchenkogallery.com or in writing to the postal address provided in these Terms and Conditions.
Order Form – You start using the Order Form when you add a Product to the electronic cart on the Online Store. An Order is placed once you have filled in the Order Form and clicked the “Next” button on the store’s website. The Order Form requires the following data: full name/company name, address (street, building/apartment number, postal code, city, country), email address, phone number, and details related to the Sales Agreement: product, quantity, delivery method and location, and payment method. For business Clients, the company name and tax ID number (NIP) must also be provided to receive a VAT invoice.
The Order Form electronic service is provided free of charge, is one-time in nature, and ends either once the Order is placed or when the Customer discontinues the ordering process.
Newsletter – We conduct marketing communication via email, allowing you to receive information from us – including newsletters – about products, services, and promotional campaigns. Receiving such communication is essential – without it, we wouldn’t be able to inform you about limited-time or limited-quantity products, and you wouldn't be able to fully benefit from available offers. This communication also allows us to present discounted product prices. You can unsubscribe from the newsletter at any time through the website.
Marketing communication via SMS – If you give consent through your account or during the ordering process, we may send you SMS messages to the phone number you provided, containing information about our services, products, website, and marketing campaigns related to us and our partners.
2.2. Minimum technical requirements necessary to use our system, including concluding agreements, include:
(1) a computer, laptop, or other multimedia device with Internet access;
(2) access to an email account;
(3) an Internet browser such as Mozilla Firefox version 115.23 or newer, Microsoft Edge version 134.0.3124.93 or newer, Opera version 119.0.5497.29 or newer, Google Chrome version 136.0.7103.113 or newer, or Safari version 18.4 or newer.
You must also have a valid/active email address and, in some cases, a keyboard or other input device to complete online forms. You may also use a mobile device with iOS 18.5 or later, or Android 15 or later.
2.3. Users are required to provide accurate information. You must not provide unlawful content. You are not permitted to submit personal data or images of third parties without their legal consent or authorization.
2.4. Complaint procedure:
Complaints related to the provision of Electronic Services or the general operation of the Online Store (excluding product complaints) may be submitted in writing to: ul. Elizy Orzeszkowej 14, Stargard, 73-110, Poland, or via email to: info@turchenkogallery.com.
It is recommended to include: a description of the issue (including the type and date of occurrence), your request regarding the resolution, and your contact details. These recommendations are not mandatory and do not affect the validity of complaints submitted without them.
The Service Provider will respond to complaints without undue delay, no later than 14 calendar days from the date of submission.
2.5. The website does not automatically collect any information except for data stored in cookies. Detailed information about the purpose of storing and accessing cookies, as well as how you can manage cookie settings through your device or software, is provided in the cookie policy.
§3. CONDITIONS OF SALE IN THE ONLINE STORE
3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form available on the Online Store.
3.2. The price of the Product displayed on the Online Store’s website is stated in Polish zloty (PLN) and includes all applicable taxes. The total price, including taxes, delivery charges (including transport, shipping, and postal services), and any other costs—or, if such costs cannot be determined, information about the obligation to cover them—is provided to the Customer on the Online Store’s website during the ordering process, including at the moment the Customer expresses their intent to enter into a Sales Agreement.
3.3. Sales Agreement procedure using the Order Form:
The Sales Agreement between the Customer and the Seller is concluded once the Customer submits an order via the Online Store. Within 24 hours of submission, you will receive an email confirming that your order has been received—this does not constitute a Sales Agreement. The Sales Agreement is concluded only when you receive a separate email informing you that your order has been assembled and dispatched.
If you do not receive an email confirming the conclusion of the Sales Agreement at least one business day before the delivery deadline indicated in your order confirmation at www.turchenkogallery.com, or if you receive a message stating that your order was not accepted, this means the order has not been processed (the Sales Agreement has not been concluded), and we will promptly refund any payment you have made.
3.4. Product presentations on our Online Store are subject to change. They do not constitute offers as defined by the Polish Civil Code but rather invitations to make an offer within the meaning of Article 71 of the Civil Code.
3.5. We offer the option to cancel your order. Your cancellation request will be approved if your order is still in an early stage of processing. If the logistics process has already begun, your request for cancellation will be denied.
§4. PAYMENT METHODS AND DEADLINES
4.1. The Seller provides the following payment methods under the Sales Agreement:
- Traditional bank transfer to the Seller’s bank account.
- Electronic payments and card payments via the PayU platform. PayU S.A. is headquartered at ul. Grunwaldzka 186, Poznań, Poland.
4.2. Payment deadline:
If you choose a traditional bank transfer, electronic payment, or card payment, you must complete the payment within 5 calendar days from the date the Sales Agreement is concluded.
§5. SHIPPING COSTS, METHODS, AND DELIVERY TIMES
5.1. Product delivery is available within the territory of the Republic of Poland. Additionally, delivery is available to other countries, subject to the courier company’s international delivery coverage. Our Online Store uses courier services from DPD, DHL, InPost, FedEx, and UPS.
5.2. Delivery of the Product to the Customer is subject to a fee, unless otherwise stated in the Sales Agreement. The delivery cost (including transport, shipping, and postal services) is indicated on the Online Store’s website in the delivery cost section and during the Order process, including when you confirm your intent to enter into a Sales Agreement. For international shipments, an additional fee may apply based on the courier company’s pricing.
5.3. The Seller offers the following delivery or pickup options:
- Delivery using the Seller’s own transportation.
- Courier shipment – provided the product can be shipped via courier.
5.4. Delivery time for domestic shipments depends on the courier company and is up to 10 days, unless a shorter time is indicated in the product description or during the ordering process. For international shipments, the delivery time depends on the courier and shall not exceed 60 days.
The delivery period begins once we receive all necessary information related to the product, especially if the product has selectable options or variants.
5.5. In the case of orders with multiple products having different lead times, the applicable lead time will be the longest one, which shall not exceed 10 business days.
The Customer will be notified when the product is ready for pickup.
The lead time for product readiness is calculated as follows:
- If the Customer chooses to pay via bank transfer, electronic payment, or card – from the date the Seller’s bank account is credited.
- If payment is made via an installment plan – from the date the Seller is notified by the lender of the conclusion of a credit agreement with the Customer, but no later than the date the Seller’s account is credited with the funds.
§ 6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller's liability towards the Customer in the event that the sold product has a physical or legal defect (warranty) are defined by universally binding provisions of law, in particular the Civil Code.
6.2. The Seller is obliged to deliver a Product free of defects to the Customer. Detailed information regarding the Seller’s liability for product defects and the Customer's rights are available on the Online Store’s website in the section dedicated to complaints. Please remember to check your order upon delivery. In case of courier delivery, ensure that the package is not damaged and verify its contents within 2 days of receipt. This is crucial in any potential complaint process. After this period, the order is considered delivered in full and accepted by the buyer.
In the event that the order was damaged during transport by an external courier company, a complaint should be submitted directly to the carrier. Upon receipt of the parcel, the Customer becomes its owner and the party entitled to file a logistics claim. Please submit such a claim and attach proof of submission along with the complaint form when filing the complaint.
6.3. A complaint can be submitted by the Customer, for example:
- in writing to the address: ul. Elizy Orzeszkowej 14, 73-110 Stargard, Poland;
- electronically via email to: info@turchenkogallery.com
6.4. It is recommended that the Customer provides in the complaint description: information and circumstances regarding the subject of the complaint, in particular the type and date of the defect occurrence, the request to bring the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement, as well as contact details of the complainant. The above requirements are recommendations and do not affect the effectiveness of complaints filed without such description.
6.5. The Seller shall respond to the Customer's complaint immediately, but no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer has requested replacement or repair of the item or submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller does not respond within 14 calendar days, the request is considered justified.
6.6. A Customer exercising their warranty rights is obliged to deliver the defective Product to the address: ul. Elizy Orzeszkowej 14, 73-110 Stargard, Poland. If the Customer is a consumer, the cost of returning the Product is covered by the Seller; if not, the Customer bears the cost. If, due to the nature of the Product or the way it is mounted, the return would be excessively difficult, the Customer is obliged to make the Product available at the place where it is located.
§ 7. OUT-OF-COURT COMPLAINT AND CLAIM HANDLING
7.1. Detailed information on the consumer's possibility to use out-of-court complaint and claim handling procedures is available on the website of the Office of Competition and Consumer Protection (UOKiK):
https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
7.2. A contact point also operates at the President of UOKiK (tel. +48 22 55 60 333, email: kontakt.adr@uokik.gov.pl, address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), which provides assistance regarding out-of-court dispute resolution.
7.3. Consumers may use various forms of out-of-court resolution, such as:
- applying to a permanent consumer arbitration court (more at: http://www.spsk.wiih.org.pl/),
- submitting a request to the regional Inspector of the Trade Inspection (according to the Seller's business location),
- seeking help from a consumer ombudsman or relevant NGO (e.g., Federation of Consumers, Polish Consumers’ Association).
An EU-level ODR (Online Dispute Resolution) platform is available at:
http://ec.europa.eu/consumers/odr
The ODR platform is an interactive multilingual tool for consumers and traders seeking to resolve disputes arising from online contracts outside the court system (more info at the UOKiK site: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
§ 8. RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. If you are a Consumer, you have the right to withdraw from the Sales Agreement concluded via the Online Store within 14 days without giving any reason and without incurring any costs other than those provided for by law.
8.2. A sample withdrawal form is provided in Annex 2 to the Consumer Rights Act and additionally available in point 11 of the Terms and Conditions and on the Store’s website. Use of the form is not mandatory.
8.3. The withdrawal period begins:
- for contracts involving delivery of Products – on the day the Consumer or a third party other than the carrier takes possession of the Product;
- for multiple Products delivered separately – on the day possession of the last item is taken;
- for contracts involving regular deliveries – on the day possession of the first Product is taken;
- for other contracts – on the day the contract is concluded.
8.4. Upon withdrawal, the agreement is deemed not concluded.
8.5. The Seller is obliged to refund all payments made by the Consumer, including delivery costs (except additional costs resulting from a non-standard delivery method), no later than 14 calendar days from receiving the withdrawal declaration. Refunds are made via bank transfer to the account specified by the Consumer, with no fees charged. The Seller may withhold the refund until the Product is returned or proof of return is provided.
8.6. The Consumer must return the Product without undue delay, and no later than 14 calendar days from the day of withdrawal. It is sufficient to send the Product before the deadline. Returns should be sent to: ul. Elizy Orzeszkowej 14, 73-110 Stargard, Poland.
8.7. The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to determine the nature, features, and functioning of the item.
8.8. The Consumer bears the direct cost of returning the Product, including costs for items that cannot be returned via regular mail (see point 8.9).
Possible costs borne by the Consumer in case of withdrawal:
- Direct return costs.
- If services have already begun at the explicit request of the Consumer before the withdrawal period ends, payment is required for services provided up to the moment of withdrawal, calculated proportionally to the contract value.
8.9. The Seller offers Products that, due to their nature, cannot be returned by standard postal means. The cost of returning such goods depends on the method chosen by the Client (e.g., transport company). Please contact us before returning oversized items.
8.10. Please attach the original receipt or VAT invoice to the declaration of withdrawal or returned item.
8.11. The right of withdrawal does not apply to contracts:
- for services performed with the Consumer’s prior consent and full performance completed;
- where the price depends on financial market fluctuations beyond the Seller’s control;
- for non-prefabricated Products made to the Consumer’s specifications or tailored to personal needs;
- when the Consumer explicitly requests a visit for urgent repair or maintenance (excludes extra services or parts not necessary for the repair).
§ 9. PROVISIONS CONCERNING BUSINESS CUSTOMERS
9.1. This section applies only to Customers who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement with a non-consumer Customer within 14 calendar days of conclusion, without giving any reason and without generating claims on the Customer’s part.
9.3. The Seller may restrict payment methods or require full or partial prepayment regardless of payment method selected.
9.4. Risk and liability for the Product pass to the Customer (non-consumer) upon transfer to the carrier. The Seller is not liable for loss or damage during transport.
9.5. Upon delivery via carrier, the Customer (non-consumer) must inspect the parcel as per standard procedure. If any loss or damage is found, the Customer must take all necessary steps to establish the carrier’s liability.
9.6. Pursuant to Article 558 §1 of the Civil Code, the Seller's warranty liability towards non-consumer Customers is excluded.
9.7. The Service Provider may terminate the Electronic Service agreement with a non-consumer Service User at any time without reason by sending a statement to that effect.
9.8. The Service Provider’s/Seller’s liability to non-consumer Clients is limited – both per claim and in total – to the amount paid, including delivery costs, not exceeding PLN 1,000. The Seller is liable only for typical, foreseeable damages and is not liable for lost profits.
9.9. All disputes between the Seller/Service Provider and a non-consumer Customer will be resolved by the court having jurisdiction over the Seller’s/Service Provider’s registered office, i.e., District Court in Stargard, Civil Division I.
§ 10. FINAL PROVISIONS
10.1. Agreements concluded via the Online Store are concluded in the Polish language.
10.2. The Terms and Conditions are effective from July 1, 2025.
10.3. Amendments to the Terms and Conditions:
The Service Provider reserves the right to amend the Terms and Conditions for valid reasons, i.e.: changes in legal regulations; changes in payment or delivery methods — to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
In the case of agreements of a continuous nature concluded on the basis of these Terms and Conditions (e.g., provision of an Electronic Service – Account), the amended Terms and Conditions shall be binding upon the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Polish Civil Code are met — that is, the Service Recipient has been properly informed about the changes and has not terminated the agreement within 14 calendar days from the date of notification.
In the case of agreements of a non-continuous nature concluded on the basis of these Terms and Conditions (e.g., Sales Agreements), the amendments to the Terms and Conditions shall in no way infringe upon the acquired rights of Service Recipients/Customers who are consumers prior to the effective date of such amendments, in particular, the amendments shall not affect orders already placed or submitted, nor Sales Agreements already concluded, executed, or performed.
10.4. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded up to December 24, 2014 with Customers who are consumers — the provisions of the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on Special Conditions of Consumer Sales and on Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers — the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws 2014 item 827, as amended); and other relevant provisions of generally applicable law.
§ 11. TEMPLATE OF THE WITHDRAWAL FORM
Template of the withdrawal form
(this form should be completed and returned only if you wish to withdraw from the agreement)
- Recipient: Online Store www.turchenkogallery.com
- I/We() hereby inform you of my/our() withdrawal from the contract of sale of the following goods() / contract for the delivery of the following goods() / contract for work involving the production of the following goods() / or the provision of the following service()
- Date of conclusion of the contract()/receipt()
- Name and surname of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is submitted in paper version)
- Date
(*) Delete as appropriate