Terms of service

I. General Provisions

1. The owner of the online store Melba Gallery, operating at melbagallery.pl, is Archilens Łukasz Nowosadzki, registered in Warsaw, Wiolinowa 13/16, 02-785 Warsaw, NIP 9511978059, hereinafter referred to as the Seller.

2. Contact with the Seller can be made via:

   • email: hello.melbagallery.com

   • telephone: +48 606 633 717

3. To use the website melbagallery.pl, including placing orders through it, a device equipped with a web browser with JavaScript and cookies enabled, supporting HTML5 and web storage technology, is required.

II. Definitions

1. Terms used in these Terms and Conditions mean:

   • Customer – a natural person, legal person, or organisational unit without legal personality but having legal capacity, who places an Order in the Online Service in accordance with these Terms.

   • Consumer – a Customer who is a natural person using the Online Service for purposes not directly related to their business or professional activity.

   • Terms and Conditions – this document defining the general terms of sale and the rules for providing electronic services in the Melba Gallery online store.

   • Online Service or Seller – the online service available at https://melbagallery.com through which the Customer may place Orders.

   • Object – artworks offered for sale in the Online Gallery.

   • Sales Agreement – a contract for the sale of Artworks within the meaning of the Civil Code, concluded between the Seller and the Customer through the Seller’s online service.

   • Order – the Customer’s declaration of intent aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Artworks.

III. Subject of Sale

1. The Objects offered for sale by the Online Service are works of art, in particular paintings, photographs, and prints originating directly from their creators or from non-creator owners.

2. Objects offered by the Online Service may show signs of age and individual characteristics. The Seller undertakes to inform Buyers of such characteristics and to deliver Objects free from defects except those indicated in the sales offer.

3. Objects offered through the Online Service have been accepted for sale under commission agreements or have been purchased by the Seller and constitute his property.

4. The sale does not include copyright, including the right to reproduce or commercially use the Objects or their images.

5. A condition for accepting Objects into the Online Service is a declaration by their owners that the Objects are original, constitute their property, and do not infringe any copyright.

6. The Online Service reserves the right to remove Objects from the website if there is reasonable suspicion that declarations referred to in point 5 are untrue. The Service is not liable for hidden physical defects or legal defects of the Objects.

7. Photos of Objects displayed in the Online Service may slightly differ from the originals due to their individual nature, especially regarding colours or visible texture.

8. All photographs published in the Online Service are owned by the Seller unless stated otherwise. Use of any content from the website without the Seller’s written consent is prohibited.

IV. Orders and Conclusion of the Sales Agreement

1. To place an Order in the Online Store, the Customer must read and accept these Terms and Conditions during the ordering process.

2. Browsing the Service’s offer, submitting inquiries, and making transactions does not require Customer registration.

3. All prices displayed in the Service are gross prices in Polish złoty or another currency. Prices do not include shipping costs.

4. Orders may be placed via the website melbagallery.pl or via email: hello.melbagallery.com

5. Orders may be placed 24/7 throughout the year, except during technical interruptions or Internet outages preventing access to the Service.

6. The Customer is responsible for correctly completing the order form and providing accurate contact details, including the precise delivery address and a valid phone number and email address. If placing another Order, the Customer must update any changed contact details.

7. If incorrect data provided by the Customer results in damage to the Seller, the Seller has the right to charge the Customer additional costs.

8. The Customer receives an invoice, which may be included in the shipment or sent electronically to the email address provided in the order.

9. By placing an Order, the Customer agrees to have their personal data stored in the Service’s database for order processing purposes. Personal data will be protected in accordance with applicable data protection laws and the Privacy Policy.

10. After the Customer places an Order, the Service sends an automatic confirmation of receipt.

11. The Service will then send an order processing confirmation to the Customer’s email address within 48 hours (excluding non-working days).

12. The order processing confirmation constitutes the conclusion of the Sales Agreement.

13. The Service reserves the right to cancel an Order if fulfilment is not possible.

14. If the order confirmation process is delayed, the Service will inform the Customer, who may then cancel the Order.

15. In the event of cancellation of the Order by either party, the Service will refund all payments made by the Customer.

V. Payment

1. Payment for artworks and delivery costs is made during the ordering process via:

   • bank transfer

   • Shopify Payments (debit card, credit card, BLIK, bank transfer)

   • PayPal

2. Receipt of payment is required for the Service to deliver artworks.

3. Prices of Goods are given in Polish złoty and include all components, including customs duties and other charges.

VI. Delivery

1. Purchased items are shipped no later than 14 business days after payment has been recorded, via courier service.

2. Delivery costs are covered by the Customer. Fees may vary depending on the Object and are indicated in the order under “Delivery Method”.

3. In exceptional cases, the shipping cost may be calculated individually at the Customer’s request.

4. Average delivery time from dispatch is:

   • for domestic courier services – next working day

   • for international shipping – depending on the delivery address

5. The Online Service is not responsible for loss or damage caused by courier companies.

6. The Buyer may also collect the purchased item in person after arranging the pickup details with the Seller.

VII. Withdrawal and Returns

1. A Customer who is a Consumer has the right to return an Object purchased in the Service within 14 days of receipt, without stating a reason. The Service will refund all payments received from the Customer.

2. The refund will be issued immediately after the Service receives the returned Object, provided it is returned in the same condition as at purchase. The Customer must properly secure the returned shipment. The Seller will provide guidance on packaging upon request.

3. For domestic returns, the Service will reimburse the Customer for the cost of returning the item up to the amount of the shipping cost listed in the offer.

4. To make a return, the Customer must send a written declaration to: hello.melbagallery@gmail.com

5. The right of return does not apply if the purchased Object has been customised or modified at the Customer’s request, in particular framed or removed from a stretcher.

VIII. Complaints

1. The Seller emphasises that Objects offered are individual works, often used, and that canvas is a soft material prone to scratches or minor dents. While the Seller makes every effort to describe all defects accurately, most Objects show signs of age.

2. The Customer may submit complaints regarding purchased Objects to hello.melbagallery@gmail.com or in writing to the Seller’s address.

3. A valid complaint should include at least:

   • Customer’s name, address, and email address

   • date of purchase of the Object

   • subject of the complaint and the Customer’s expected resolution

   • all circumstances supporting the complaint

4. If the complaint is incomplete, the Service will request supplementation before processing.

5. The Service processes complaints within 14 days from receipt of a complete complaint.

6. The response to the complaint is sent to the Customer’s email or postal address.

IX. Personal Data Protection

1. The administrator of Customers’ personal data provided during Registration and Order placement is the Seller.

2. The Service processes personal data necessary for order fulfilment: Customer’s name, email address, postal address, and phone number.

3. Each Customer has the right to access and correct their data in their user profile and to request deletion by submitting a written or electronic request.

4. Customers’ personal data are confidential, protected against unauthorised access, and not shared with third parties. They may be provided to courier intermediaries, postal operators, and courier companies solely for order fulfilment.

5. In cases provided for by Polish law, personal data may be made available to state authorities.

6. Customers subscribed to the Newsletter may unsubscribe via the link in the Newsletter or in their user profile settings.

7. Detailed information on data processing and privacy protection is available in the Privacy Policy.

X. Final Provisions

1. In matters not regulated by these Terms and Conditions, provisions of the Civil Code apply.

2. The Service reserves the right to amend the Terms and Conditions.

3. Registered Customers will be informed of changes upon their next login and/or via email. If a Customer does not accept the changes, their account will be deleted.

4. The Service respects artistic freedom as guaranteed by Article 73 of the Constitution of the Republic of Poland and is not responsible for content expressed by exhibited Objects, including content prohibited by law, vulgar, offensive, or otherwise violating social norms.

5. For any questions or concerns, please contact: hello.melbagallery@gmail.com

6. These Terms and Conditions are effective from 25 November 2025.