TERMS AND CONDITIONS OF THE ONLINE STORE
Effective from 10 September 2026
- SELLER AND CONTACT DETAILS
1.1. The online store available at https://sunsetgalleryshop.com, hereinafter referred to as the “Store”, is operated by:
POXICO Marek Waligóra
ul. Rynek 60
50-116 Wrocław
Poland
NIP: 8941003029
Email: eldritchm@o2.pl
Telephone: +48 605 424 105
hereinafter referred to as the “Seller”.
1.2. Customers may contact the Seller by email, telephone or traditional mail using the details provided above.
1.3. These Terms and Conditions specify the rules for using the Store, placing orders, supplying digital content, submitting complaints and using the photographs purchased through the Store.
- DEFINITIONS
2.1. Customer – a natural person, legal person or organisational unit placing an order in the Store.
2.2. Consumer – a natural person entering into a contract with the Seller for purposes not directly related to that person’s trade, business or profession.
2.3. Digital Product – a digital photograph or another digital file offered in the Store and supplied without a tangible medium.
2.4. Product Page – the page containing the description, price, available format and other essential information about a Digital Product.
2.5. Contract – a contract for the supply of digital content concluded between the Customer and the Seller through the Store.
- PRODUCTS OFFERED IN THE STORE
3.1. The Store sells original photographs in digital form, primarily high-resolution image files intended for download after purchase.
3.2. Digital Products do not constitute physical goods. No printed photograph, storage medium or other physical item will be delivered unless this is expressly stated on the Product Page.
3.3. Information concerning the subject, orientation, format, resolution and other relevant characteristics of a Digital Product is provided on its Product Page.
3.4. Preview images displayed in the Store may have a reduced resolution or contain a watermark. Minor differences in colour may occur due to the settings and technical characteristics of the Customer’s screen or software.
3.5. Purchasing a Digital Product does not transfer copyright or ownership of intellectual property rights in the photograph. The Customer receives only the licence described in Section 10.
- TECHNICAL REQUIREMENTS
4.1. To use the Store and download Digital Products, the Customer requires:
a) a device with internet access;
b) a current web browser;
c) an active email address;
d) sufficient storage space; and
e) software capable of opening the file format specified on the Product Page, usually JPG or another commonly used image format.
4.2. The Customer is responsible for ensuring that the device and software used meet the technical requirements communicated before purchase.
4.3. The Customer must not provide unlawful content or attempt to interfere with the operation or security of the Store.
- PLACING AN ORDER
5.1. To place an order, the Customer must:
a) select a Digital Product;
b) add it to the cart;
c) provide the information required during checkout;
d) select an available payment method;
e) accept these Terms and Conditions and any required declarations; and
f) confirm the order and make payment.
5.2. The Customer must provide complete and accurate information, particularly a valid email address to which the order confirmation and download information can be sent.
5.3. Before confirming an order, the Customer can review and correct the entered data and the contents of the cart.
5.4. Placing an order constitutes an offer by the Customer to conclude a Contract with the Seller.
5.5. The Contract is concluded when the Seller confirms acceptance of the order after successful payment. The confirmation is sent to the email address provided by the Customer.
5.6. The order confirmation, these Terms and Conditions and the information concerning the purchased Digital Product may be saved or printed by the Customer.
- PRICES AND PAYMENTS
6.1. Product prices are displayed in the Store in the currency selected or indicated on the website.
6.2. The total amount payable, including any taxes required by law, is presented to the Customer before the order is confirmed.
6.3. No shipping costs are charged for Digital Products because they are supplied electronically.
6.4. Payments are made using the payment methods available during checkout, including payment services supported by the Store’s payment operator.
6.5. Payment services may be subject to the terms and privacy rules of the relevant payment provider.
6.6. The Seller may refuse or cancel an order if payment has not been successfully completed, the price has resulted from an obvious technical error or the order cannot lawfully be fulfilled. Any amount already collected for a cancelled order will be refunded.
- SUPPLY OF DIGITAL PRODUCTS
7.1. Digital Products are supplied electronically, without a tangible medium.
7.2. After successful payment, the Digital Product is normally made available automatically and without undue delay through the order confirmation page, the Customer’s account or a download link sent by email.
7.3. The Customer agrees that the supply of the Digital Product may begin immediately after payment.
7.4. If the download link is not received or does not work, the Customer should check the spam folder and then contact the Seller at eldritchm@o2.pl.
7.5. The Customer should download the purchased file and create a secure backup copy. Any download period or technical download limit applicable to a Product will be communicated on the Product Page or in the order confirmation.
7.6. The Seller is not responsible for a failure to receive an email caused by an incorrect email address provided by the Customer, a full mailbox, spam filtering or other circumstances outside the Seller’s control. This does not affect the Seller’s obligation to make the purchased Digital Product available.
- CONSUMER’S RIGHT OF WITHDRAWAL
8.1. As a general rule, a Consumer concluding a distance contract has the right to withdraw from it within 14 days without giving a reason, subject to statutory exceptions.
8.2. In the case of digital content not supplied on a tangible medium, the Consumer loses the right of withdrawal once the supply of the Digital Product has begun, provided that:
a) the Consumer has expressly consented to the supply beginning before the end of the 14-day withdrawal period;
b) the Consumer has acknowledged that this consent results in the loss of the right of withdrawal; and
c) the Seller has provided confirmation of the Contract and the Consumer’s consent on a durable medium.
8.3. The Store is designed to provide access to Digital Products immediately after successful payment. Before completing the purchase, the Consumer may therefore be asked to provide the express consent and acknowledgement referred to above.
8.4. Once the Digital Product has been supplied after the conditions specified in point 8.2 have been met, the Consumer may no longer withdraw from the Contract solely because the Consumer has changed their mind.
8.5. The loss of the right of withdrawal does not exclude the Consumer’s right to submit a complaint if the Digital Product is not in conformity with the Contract, is defective or cannot be downloaded.
8.6. If the supply of the Digital Product has not begun or the statutory conditions for loss of the right of withdrawal have not been met, the Consumer may exercise the right of withdrawal by sending an unambiguous statement to the Seller by email or traditional mail. A model withdrawal form is included at the end of these Terms and Conditions.
- CONFORMITY WITH THE CONTRACT AND COMPLAINTS
9.1. The Seller is responsible for supplying Digital Products in conformity with the Contract and applicable consumer law.
9.2. A complaint may concern, in particular:
a) an inability to download the purchased file;
b) a damaged or incomplete file;
c) receipt of a file different from the Product ordered;
d) material inconsistency between the Digital Product and its description; or
e) another lack of conformity with the Contract.
9.3. Complaints may be submitted:
a) by email to eldritchm@o2.pl; or
b) by post to POXICO Marek Waligóra, ul. Rynek 60, 50-116 Wrocław, Poland.
9.4. A complaint should, where possible, include the Customer’s name, order number, description of the problem and the requested remedy. Failure to provide all this information does not invalidate a Consumer’s complaint.
9.5. The Seller will respond to a Consumer’s complaint within 14 days of receiving it.
9.6. Where a Digital Product is not in conformity with the Contract, the Consumer may exercise the remedies provided by applicable law, including requesting that the Digital Product be brought into conformity and, in the circumstances specified by law, requesting a price reduction or termination of the Contract.
9.7. Bringing the Digital Product into conformity will be carried out free of charge, within a reasonable time and without significant inconvenience to the Consumer.
9.8. Refunds due following an accepted complaint will be made using the same payment method used for the original transaction, unless the Customer expressly agrees to another method that does not involve additional costs.
- PERSONAL-USE LICENCE AND COPYRIGHT
10.1. All photographs and other materials available in the Store are protected by copyright.
10.2. Unless the Product Page or a separate written agreement expressly provides otherwise, the purchase of a Digital Product grants the Customer a non-exclusive, non-transferable, worldwide and indefinite licence for personal, non-commercial use only.
10.3. Under the standard personal-use licence, the Customer may:
a) store the file on the Customer’s private devices;
b) make reasonable backup copies;
c) display the photograph privately;
d) use the photograph as a wallpaper on a private device;
e) make prints for the Customer’s own private use or for display in the Customer’s household; and
f) resize or crop the photograph to the extent necessary for the permitted private use.
10.4. Without the Seller’s prior written permission, the Customer must not:
a) resell, sublicense, lend or redistribute the Digital Product;
b) provide the original or high-resolution file to another person;
c) publish or make the file available for download online;
d) use the photograph for commercial, professional, promotional or advertising purposes;
e) use the photograph on a business website, commercial social media account, marketplace listing or advertisement;
f) incorporate the photograph into products intended for sale, including prints, posters, clothing, merchandise, templates or publications;
g) upload the photograph to a stock photography platform or another digital marketplace;
h) use the photograph as a logo, trademark or element of a brand identity;
i) use the photograph in an NFT, blockchain-based product or similar digital asset;
j) use the photograph to train artificial intelligence systems, machine-learning models or datasets;
k) claim authorship of the photograph;
l) remove or conceal copyright notices, signatures or watermarks; or
m) use the photograph in an unlawful, defamatory or misleading manner.
10.5. The standard licence does not permit publication on websites or social media, even for a non-commercial purpose, unless the Seller has granted separate permission.
10.6. A Customer wishing to use a photograph commercially or publish it online must contact the Seller at eldritchm@o2.pl before such use and obtain a separate licence.
10.7. The Seller retains all copyright and intellectual property rights not expressly granted to the Customer.
10.8. A breach of the licence may result in termination of the licence and enforcement of the Seller’s rights under applicable law.
- CUSTOMER ACCOUNT
11.1. If the Store enables Customer accounts, the Customer must keep login details confidential and must not provide access to the account to unauthorised persons.
11.2. The Customer should notify the Seller promptly if unauthorised access to the account is suspected.
11.3. The Customer may request deletion of the account, subject to the Seller’s obligation to retain information required by tax, accounting or other applicable laws.
- PERSONAL DATA
12.1. The Seller processes personal data in order to operate the Store, fulfil orders, process payments, deliver Digital Products, handle complaints and comply with legal obligations.
12.2. Detailed information about the processing of personal data, the Customer’s rights and the use of cookies is provided in the Privacy Policy available in the Store.
12.3. Payment data may be processed directly by the payment service provider selected during checkout.
- OUT-OF-COURT COMPLAINT AND REDRESS OPTIONS
13.1. A Consumer may use out-of-court methods of handling complaints and pursuing claims in accordance with applicable law.
13.2. Information about consumer assistance and amicable dispute resolution in Poland is available from municipal or district consumer ombudsmen, the Trade Inspection Authority and the Office of Competition and Consumer Protection.
13.3. Consumers residing in another European Union country may also seek assistance from the European Consumer Centres Network.
13.4. The use of an out-of-court procedure is voluntary unless mandatory law provides otherwise.
- FINAL PROVISIONS
14.1. Polish law applies to Contracts concluded through the Store. This choice of law does not deprive a Consumer residing in another country of mandatory consumer protection granted by the law that would otherwise apply.
14.2. Nothing in these Terms and Conditions excludes or limits rights granted to Consumers under mandatory provisions of law.
14.3. The Seller may amend these Terms and Conditions for important reasons, including changes in law, payment or technical solutions, the functionality of the Store or the range of services offered.
14.4. Amendments do not affect Contracts concluded before the amended Terms and Conditions entered into force.
14.5. The Terms and Conditions are available free of charge on the Store’s website and may be saved or printed.
14.6. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions remain in force.
MODEL WITHDRAWAL FORM
This form should be completed and returned only if the Consumer has a statutory right of withdrawal and wishes to exercise it.
Addressee:
POXICO Marek Waligóra
ul. Rynek 60
50-116 Wrocław
Poland
Email: eldritchm@o2.pl
I hereby give notice that I withdraw from my contract for the supply of the following digital content:
Product:
Order number:
Date of conclusion of the Contract:
Consumer’s name:
Consumer’s address:
Consumer’s signature, only if this form is submitted on paper:
Date: