Refund policy
kacperogaza.com
Last updated: July 22, 2026
1. Right of Withdrawal
As a consumer, you have the right to withdraw from a distance contract without giving any reason. You may do so at any time from the moment the contract is concluded, but no later than 14 calendar days from the date you receive the ordered painting.
For paintings from collections subject to deferred delivery (see section 1a below), this means you may withdraw from the contract either immediately after purchase, or at any point while waiting for the painting, and at the latest within 14 days of its actual physical receipt.
To exercise your right of withdrawal, send a statement to the following e-mail address: kacper.ogaza@gmail.com before the above deadline expires. You may use the form template below (this is not mandatory):
Withdrawal Form Template
Addressee: Kacper Ogaza Bacho Ska
ul. Ks. bpa Stanisława Adamskiego 6/34, 40-069 Katowice
E-mail: kacper.ogaza@gmail.com
I, the undersigned, hereby give notice of my withdrawal from the contract of sale of the following painting:
Name of painting / order number: .............................................
Order date: .............................................
Date of receipt (if the painting has already been received): .............................................
Consumer's name and surname: .............................................
Consumer's address: .............................................
Signature (only if the form is submitted in paper form): .............................................
Date: .............................................
1a. Special Delivery Model — "In the Footsteps of Claude Monet" Collection
Paintings from the "In the Footsteps of Claude Monet" collection are sold under a deferred delivery model, linked to the exhibition of these works being held in Warsaw. This means that:
- payment and invoicing are completed immediately at the time the order is placed,
- physical delivery of the purchased painting will take place after the exhibition ends, no later than October 31, 2026,
- this deadline constitutes the time of performance agreed between the parties within the meaning of Article 12(1)(15) of the Polish Consumer Rights Act, and is binding on the Seller.
This information is provided prior to placing an order — on the Store's homepage and on every product page for paintings covered by this model.
2. Refund of Payment
A full refund of your payment — including the cost of the original delivery, up to the amount of the cheapest delivery option I offer — will be made within 14 calendar days of receiving your statement of withdrawal.
If, at the time of withdrawal, the painting has not yet been shipped (which applies to most cases under the model described in section 1a), the refund will be issued without the need to return the painting — I will refund the funds promptly upon receiving your withdrawal statement.
If the painting has already been shipped or delivered, I reserve the right to withhold the refund until I receive the painting back, or until you provide proof that you have sent it back — whichever occurs first.
The refund will be made using the same payment method used for the purchase, unless you agree to a different solution. In any case, you will not incur any fees in connection with the refund.
3. Conditions for Returning the Painting
If, at the time of withdrawal, the painting has already been delivered to you, the returned painting should meet the following conditions:
- Unchanged condition — no signs of use beyond ordinary inspection of the product
- Original packaging, or packaging providing an equivalent level of safe transport
- No alterations, additions, or damage caused by the buyer
The cost of return shipping is borne by the buyer, unless otherwise agreed in writing or by e-mail.
The buyer is responsible for the painting until it has been delivered back to me. I recommend properly securing the painting, sending it with tracking/confirmation of delivery, and insuring the shipment — given the value and unique nature of the artwork.
Return address: Kacper Ogaza Bacho Ska, ul. Ks. bpa Stanisława Adamskiego 6/34, 40-069 Katowice, Poland
4. Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to paintings created to individual order — i.e., those for which the buyer specified a custom format, subject, color scheme, or other personalization parameters. Legal basis: Article 38(3) of the Polish Consumer Rights Act.
This exception does not apply to paintings from the "In the Footsteps of Claude Monet" collection, nor to any other ready-made paintings available in the Store — all such paintings are fully subject to the right of withdrawal described in this Policy, regardless of the delivery model.
The right of withdrawal applies exclusively to ready-made paintings available in the store that have not been modified in any way to the buyer's order.
Products purchased as part of a promotion or sale are subject to full consumer rights, including the right of withdrawal — unless the offer explicitly states that a given product is subject to an exception permitted under applicable law.
5. Liability for Conformity of Goods with the Contract
As the seller, I am liable to consumers for any lack of conformity of the painting with the contract for a period of 2 years from the date of its delivery, in accordance with Chapter 5a of the Polish Consumer Rights Act (Articles 43a et seq.).
For customers purchasing as entrepreneurs (purchase made with a NIP/tax ID, where the purchase does not have a professional character for the buyer, or such professional character does not follow from the circumstances), the above provisions apply accordingly on consumer terms; in all other cases of purchase for business purposes, liability under the Polish Civil Code (Articles 556 et seq.) applies, which is hereby excluded pursuant to Article 558 § 1 of the Polish Civil Code.
Liability for conformity of goods with the contract does not cover damage or defects resulting from failure to observe the recommended storage and use conditions for oil paintings:
- Storage temperature: 15–25°C, without sudden daily fluctuations exceeding 5°C
- Relative humidity: 45–60%
- Avoiding direct sunlight and strong UV lighting
- Maintaining a minimum distance from the wall to ensure air circulation
- Cleaning only with a dry, soft cloth — no chemical agents, water, or solvents
6. Complaints and Damage in Transit
Please inspect the painting promptly upon receipt of the shipment.
In the event of damage during transport or receipt of a defective product, please contact me as soon as possible, preferably together with photographs and, if possible, a damage report from the courier. Preparing a damage report upon receipt from the courier significantly facilitates the claims process against the carrier.
I process complaints within 14 calendar days of their receipt. A response will be sent to the e-mail address provided with the order. Failure to respond within this period means the complaint is deemed justified, in accordance with Article 7a of the Polish Consumer Rights Act.
Minor variations in paint texture, shade, or surface structure are a natural characteristic of hand-made oil paintings and do not constitute a defect within the meaning of the provisions on conformity of goods with the contract — provided they do not result from an error on my part.
7. Incorrect Order
If you receive the wrong painting or your order is incomplete, please contact me promptly. I will propose an appropriate solution: an exchange, completion of the order, or a refund — at no additional cost to the buyer.
8. Nature of the Products
The paintings offered are original, hand-made works of oil painting art. Each piece is unique and was created in a single plein air session. Due to their handmade nature, natural variations in paint structure, texture, and finish may occur — this is an inherent element of the artwork's originality, not a defect.
9. Business Details
Kacper Ogaza Bacho Ska
Sole proprietorship
ul. Ks. bpa Stanisława Adamskiego 6/34, 40-069 Katowice, Poland
NIP (Tax ID): 9542677324
REGON: 389353040
E-mail: kacper.ogaza@gmail.com
Phone: +48 796 423 431
10. Out-of-Court Dispute Resolution
Buyers who are consumers may make use of out-of-court methods of complaint handling and claims resolution. In particular:
- The Permanent Consumer Arbitration Court at the Provincial Inspectorate of Trade Inspection — the option to file a request for resolution of a dispute arising from the concluded sales contract
- The Provincial Inspector of Trade Inspection — the option to file a request to initiate mediation proceedings for an amicable settlement of the dispute
- The European Commission's Online Dispute Resolution (ODR) platform, available at: ec.europa.eu/consumers/odr — enables resolution of disputes concerning contracts concluded online
The use of the above options is voluntary and possible only with the consent of both parties.