Terms of service
kacperogaza.com
Last updated: July 22, 2026
1. General Provisions
These Terms and Conditions set out the rules for using the online store available at kacperogaza.com, operated by me:
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
The Store operates on the Shopify platform, which provides the technical infrastructure.
Using the Store constitutes acceptance of these Terms and Conditions and of the Privacy Policy.
2. Scope of Services
The Store allows you to:
- browse the range of paintings,
- place orders,
- enter into sales contracts for products,
- contact me.
3. Account and User Data
Placing an order does not require account registration. Customers may make a purchase as a guest, providing only the data necessary to fulfill the order.
A user with an account is required to provide true and up-to-date information and is responsible for the security of their login credentials and for all activities carried out using their account.
4. Products
The products offered are original, hand-made works of oil painting art. Due to their nature, natural variations in texture, color, and finish may occur. The appearance of the product may also vary depending on the device's screen settings.
5. Placing Orders and Conclusion of the Contract
Placing an order constitutes an offer to enter into a sales contract. The contract is concluded when I send an e-mail confirming acceptance of the order for fulfillment. Confirmation is sent automatically to the e-mail address provided by the customer when placing the order.
I reserve the right to refuse to fulfill an order in justified cases, e.g., in the event of incorrect information or payment issues.
6. Prices and Payments
Prices listed in the Store are gross prices and include VAT, where applicable. Delivery costs are shown before the order is placed.
Payments are processed via external payment operators. I do not store full payment card details.
Every buyer receives a VAT invoice sent to the e-mail address provided with the order, regardless of whether the purchase is made as a private individual or as a business.
7. Delivery
Delivery is made to the address provided by the customer. Orders are typically shipped within a few business days; however, the maximum fulfillment period is 21 calendar days from the date the contract is concluded — except for paintings covered by the special delivery model described below.
Exception — "In the Footsteps of Claude Monet" collection: paintings from this collection are sold under a deferred delivery model, linked to the exhibition of these works being held in Warsaw. Payment and invoicing are completed immediately at the time the order is placed, while physical delivery of the 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. Details are set out in the Refund Policy [LINK], section 1a.
Delivery time by the carrier depends on the shipping method selected and is stated when placing the order.
The risk of accidental loss or damage to the product passes to the customer upon receipt.
8. Right of Withdrawal
A customer who is a consumer has the right to withdraw from the contract without giving a reason, at any time from the moment it is concluded, but no later than 14 calendar days from the date of receiving the product. A statement of withdrawal should be sent to the e-mail address: kacper.ogaza@gmail.com before this deadline expires.
The withdrawal form template, as well as detailed rules on returns — including the terms of payment refunds and the cost of returning goods — are set out in the Refund Policy [LINK].
9. Complaints
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 has a professional character for the buyer), 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.
Complaints should be submitted to the e-mail address: kacper.ogaza@gmail.com, preferably together with photographs of the defective product. 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.
10. Intellectual Property
All content available in the Store, including images, photographs, texts, and graphics, is my property and is protected by copyright. Copying, distributing, or using it without my prior written consent is prohibited.
The purchase of a painting transfers to the buyer only the ownership of the physical copy of the artwork. Copyright (economic rights) to the painting remain with me. The buyer is not entitled to reproduce, copy, or use the image of the painting for commercial purposes without my separate, prior written consent.
11. Liability
I exercise due care to ensure the Store operates correctly. I am not liable for disruptions in the operation of the Store resulting from force majeure or the actions of third parties beyond my control.
The provisions of this section do not exclude or limit consumer rights arising from applicable law.
12. External Services and Tools
The Store uses third-party tools and services (including Shopify and payment operators). I am not liable for the performance of these services to the extent beyond my control.
13. Personal Data
The rules governing the processing of personal data are set out in the Privacy Policy [LINK].
14. Changes to the Terms and Conditions
I reserve the right to amend these Terms and Conditions for valid reasons, in particular changes in the law or in the way the Store operates. Changes do not affect orders placed before they take effect.
15. Governing Law and Disputes
These Terms and Conditions are governed by Polish law. The choice of Polish law does not deprive the consumer of the protection afforded to them under the mandatory provisions of the law of the country of their habitual residence, which cannot be excluded by agreement.
In the event of a dispute, I aim for an amicable resolution. Consumers may make use of out-of-court dispute resolution methods, including the European Commission's ODR platform, available at: ec.europa.eu/consumers/odr
16. Final Provisions
Matters not regulated by these Terms and Conditions are governed by Polish law, in particular the Polish Civil Code and the Polish Consumer Rights Act.