Terms and Conditions

Terms and Conditions of the mbernhardt.art online shop
effective from 20 October 2026

Contents

§1. Seller and definitions

  1. The online shop available at mbernhardt.art (the “Shop”) is run by Manufaktura69 s.c. Małgorzata Żółtowska, Wojciech Żółtowski – a civil-law partnership whose partners run business activity registered in the Polish Central Register and Information on Economic Activity (CEIDG), Kaborno 64, 11-030 Purda, Poland, VAT ID (NIP) PL7393523513 (the “Seller”).
  2. Contact with the Seller: e-mail meggy.bernhardt@gmail.com, phone +48 602 194 770, postal address: Kaborno 64, 11-030 Purda, Poland.
  3. In these Terms:
    1. Customer – a natural person, legal person or organisational unit using the Shop or concluding a Sales Contract.
    2. Consumer – a natural person concluding a contract with the Seller that is not directly related to their business or professional activity.
    3. Sole trader with consumer rights – a natural person concluding a contract directly related to their business activity, where the contract shows that it is not of a professional nature for them, in particular in view of the business activity disclosed in CEIDG.
    4. Product – a work of art or other movable item presented in the Shop; works are unique and exist in a single copy unless the description states otherwise.
    5. Sales Contract – a distance contract for the sale of a Product concluded between the Customer and the Seller via the Shop.

§2. General provisions

  1. These Terms set out the rules for using the Shop, concluding Sales Contracts, payment, delivery, withdrawal from the contract and complaints.
  2. To use the Shop you need a device with internet access, an up-to-date web browser with cookies and JavaScript enabled, and an active e-mail address.
  3. The Customer may not provide unlawful content.
  4. Photographs reflect the works as faithfully as possible. Colour and texture may differ slightly from the original due to lighting and screen settings.

§3. Electronic services

  1. The Seller provides the following electronic services in the Shop free of charge:
    1. Order form – allows an order to be placed; the service ends when the order is placed or when the Customer stops using the form earlier.
    2. Request for quotation form – allows an enquiry about selected works to be sent; an enquiry is not an order and does not lead to the conclusion of a contract.
    3. Contact form – allows a message to be sent to the Seller.
  2. Complaints about electronic services may be sent by e-mail or in writing to the addresses in §1(2). The Seller responds within 14 calendar days.

§4. Orders and conclusion of the contract

  1. Product information in the Shop is an invitation to conclude a contract, not an offer within the meaning of the Polish Civil Code.
  2. To place an order, the Customer adds a Product to the cart, provides the details required for fulfilment, chooses the delivery and payment method, accepts these Terms and clicks the “Place order and pay” button (or another button with the same meaning).
  3. After placing the order the Customer receives an e-mail confirming its acceptance. The Sales Contract is concluded upon receipt of this message.
  4. The content of the Sales Contract is recorded and made available to the Customer by e-mailing the order confirmation and these Terms.
  5. If the same work is ordered simultaneously by more than one person, the order in which payments are credited decides. The Seller promptly informs the other Customers and refunds their payments.

§5. Prices and payment

  1. Prices in the Shop are gross prices, include VAT and are shown in Polish zloty or in the currency indicated for the Product. The price does not include delivery costs, which are shown in the cart before the order is placed.
  2. The Seller issues a VAT invoice at the Customer’s request.
  3. Available payment methods:
    1. Electronic payment via Przelewy24 (including BLIK, online bank transfers and payment cards). Payments are processed by PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, Poland, KRS 0000347935, NIP 7792369887. PayPal payment is also available, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
    2. Traditional bank transfer to the Seller’s bank account given in the order confirmation.
    3. Cash on personal collection at the gallery (§6(2)(2)).
  4. The deadline for payment by traditional bank transfer is 7 calendar days from the conclusion of the Sales Contract. If it expires without payment, the Seller may withdraw from the contract by notifying the Customer by e-mail.
  5. Where the Shop announces a price reduction, it also states the lowest price of that Product in the 30 days before the reduction.

§6. Delivery and collection

  1. Delivery is available within the European Union. The delivery cost depends on the size of the work and the destination country and is shown in the cart before the order is placed. For large-format works the cost may be agreed individually before the contract is concluded.
  2. Delivery methods:
    1. Courier delivery via Mail Boxes Etc. (MBE) – for smaller works; works are professionally packed and sent as insured shipments. Pallet transport by a specialised transport company – for large-format works; the cost is agreed individually and given to the Customer before the contract is concluded.
    2. Personal collection at the Meggy Bernhardt Gallery in Hotel Galery69, Dorotowo 38, 11-034 Stawiguda, Poland, by prior appointment.
  3. The Product is prepared for dispatch or collection within up to 7 working days from the day the payment is credited or, for cash payment on collection, from the conclusion of the contract. Delivery time depends on the destination country.
  4. The Customer should check the shipment on receipt. In case of damage we recommend drawing up a damage report with the carrier – this makes it easier to pursue claims but is not a condition for a Consumer’s complaint to be accepted.

§7. Trial purchase – 30 days to decide

Every work can be bought on trial: hang it at home, see it in your own light, and only then decide. The price is the same. In return, we ask you to handle the work with care – just as we carefully pack, document and ship it.

  1. Every Customer – private person, gallery, architect or company – may withdraw from the Sales Contract without giving any reason within 30 days from the day on which they, or a person indicated by them other than the carrier, took possession of the work (the “Trial Period”). For Consumers and Sole traders with consumer rights, the Trial Period includes and extends the statutory 14-day right of withdrawal.
  2. Condition report. Before dispatch the Seller documents the condition of the work (photographs of the whole work, edges, corners and texture, plus a description) and sends the Customer the condition report by e-mail, together with the certificate of authenticity. Within 48 hours of receipt the Customer confirms by e-mail that the work arrived in the condition described in the report, or reports any remarks with photographs. Failure to confirm does not deprive a Consumer of the rights under §8.
  3. Packaging. The work is shipped in reusable packaging. The Customer keeps it during the Trial Period; the work is returned in the same packaging or in packaging providing equally good protection.
  4. Handling the work during the Trial Period:
    1. hang the work only by the hangers fitted to it – no drilling, nailing or gluing anything to the work itself;
    2. do not expose it to direct sunlight, moisture or heat from radiators, fireplaces or lamps;
    3. the surface may only be gently dusted with a dry, soft cloth, without water or cleaning products;
    4. large formats should be carried by two people, holding them by the edges, with clean and dry hands;
    5. during the Trial Period the work may not be reproduced or photographed for commercial purposes.
  5. How to withdraw. Simply send a statement by e-mail or in writing to the addresses in §1(2) before the Trial Period ends. You may use the model statement in the annex, but this is not obligatory – an ordinary e-mail is enough.
  6. Collection by a carrier arranged by the Seller. The Seller offers to collect the work and arranges collection by the same method by which it was delivered – via Mail Boxes Etc. (MBE) or a transport company carrying large-format works on a pallet – insured for the full value of the work, on a date agreed with the Customer. The cost of collection and insurance is borne by the Customer. It is quoted individually and given to the Customer before the collection is booked; as a guide, it corresponds to the delivery cost paid on purchase. With the Customer’s consent, this cost is deducted from the refund.
  7. Returning the work yourself. Alternatively, the Customer may return the work themselves, at their own cost, within 14 days of withdrawal, in the packaging referred to in point 3, as a shipment insured for the full value of the work. In this case the Customer bears the risk of loss of or damage to the work in transit.
  8. Inspection of the return. The Seller unpacks the shipment, documenting this with photographs or video, and within 3 working days compares the condition of the work with the condition report. The result is sent to the Customer by e-mail.
  9. Refund. The Seller refunds the price of the work and the cost of delivering it to the Customer (up to the cheapest delivery method offered) without undue delay, and no later than 14 days from receipt of the withdrawal statement, using the same payment method unless the Customer agrees to another method free of charge for them. The Seller may withhold the refund until the work has been received back or the Customer has supplied proof of having sent it back, whichever is earlier.
  10. Liability for the condition of the work. The Customer is liable for any diminished value of the work resulting from handling it beyond what is necessary to establish its nature (e.g. damage, fixing marks, soiling) and, if returning the work themselves, also for damage in transit. The parties determine the amount of the damage together, based on the cost of professional conservation or the loss of value of the work. With the Customer’s consent, the agreed amount is deducted from the refund; otherwise the Seller may claim it separately.
  11. For Customers who are neither Consumers nor Sole traders with consumer rights, the trial purchase is a contractual right of withdrawal on the terms of this section.

§8. Lack of conformity (complaints)

  1. The Seller is liable to Consumers and Sole traders with consumer rights for any lack of conformity of the Product with the Sales Contract, in accordance with the Polish Consumer Rights Act of 30 May 2014, if the lack of conformity becomes apparent within 2 years of delivery.
  2. In the event of a lack of conformity the Customer may demand repair of the Product. As the works are unique, replacement with another copy is usually not possible. If repair is impossible, or the Seller refuses or fails to carry it out, the Customer may demand a price reduction or withdraw from the contract (except where the lack of conformity is minor).
  3. Complaints may be sent by e-mail or in writing to the addresses in §1(2). Please include a description of the problem, photographs, the date it was noticed and your request.
  4. The Seller responds to a complaint within 14 days of receipt. Failure to respond within this period means the complaint has been accepted.
  5. The cost of delivering the Product for repair or for assessment of the lack of conformity is borne by the Seller.

§9. Out-of-court dispute resolution

  1. Consumers may use out-of-court complaint and redress procedures, e.g. the permanent consumer arbitration courts at the Provincial Inspectorates of Trade Inspection, mediation by a provincial inspector of Trade Inspection, or the assistance of a district (municipal) consumer ombudsman. Consumers from other EU countries may also contact the European Consumer Centre in their country.
  2. Information on these procedures is available on the website of the Polish Office of Competition and Consumer Protection: uokik.gov.pl.

§10. Customers who are not consumers

  1. This section applies to Customers who are neither Consumers nor Sole traders with consumer rights. The trial purchase (§7) is available to them in full.
  2. The Seller’s liability under statutory warranty (rękojmia) is excluded, and the Seller’s liability for damages is limited to the price paid for the Product plus delivery costs and does not include lost profits.
  3. Upon delivery of the Product to the carrier, the benefits and burdens related to the Product and the risk of its accidental loss or damage pass to the Customer.
  4. Disputes are settled by the court competent for the Seller’s registered address.

§11. Copyright

Purchasing a work transfers ownership of the physical work. The artist retains the economic copyright, including the right to reproduce the work, unless the parties agree otherwise in writing. Each work may be accompanied by a certificate of authenticity.

§12. Final provisions

  1. Contracts are concluded in Polish. This English version is provided for information; in case of discrepancies the Polish version prevails, without prejudice to the rights a Consumer has under the mandatory law of their country of residence.
  2. The Seller may amend these Terms for important reasons, in particular changes in the law or in payment and delivery methods. Amendments do not apply to orders placed before they take effect.
  3. Matters not covered by these Terms are governed by Polish law, in particular the Civil Code and the Consumer Rights Act. These Terms do not limit any rights of Consumers under mandatory provisions of law.
  4. These Terms are effective from 20 October 2026.

Annex – model withdrawal statement

You can copy this model into an e-mail, complete it and send it to meggy.bernhardt@gmail.com, or print it and send it by post. Using it is not obligatory – any clear statement is enough, e.g. an ordinary e-mail saying you are withdrawing from the purchase.

Download the model form as PDF

To: Manufaktura69 s.c. Małgorzata Żółtowska, Wojciech Żółtowski, Kaborno 64, 11-030 Purda, Poland, meggy.bernhardt@gmail.com

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.