Artists Terms & Conditions
General ProvisionsThe below Terms and Conditions specify the principles of Artist and Seller cooperation based on granting the Seller the right to use artwork and graphic designs for use on Goods selled by the Seller to third parties (the Customers) in exchange for the payment. Establishing a cooperation between the Artist and the Seller requires registration in the Online Shop and acceptance of the Online Shop Terms and Conditions. Therefore Artists Terms & Conditions belowe extends the Online Shop Terms and Conditions.
Whenever these Artists Terms and Conditions refer to:
- Graphic design – artist's artwork;
- Brand - a unique mark that distinguishes the artist;
- Customer - a natural person that created a Customer Account and accepted Online Shop Term and Conditions;
- Account - Customer or Artist data collection including actions performed in Online Shop;
- Artist - a Customer that accepted Artist Terms&Condotions; graphic design provider;
- Shop - the Online Shop run at www.donicesky.com by the Seller, where the Seller, offers products for sale;
- Seller - W Dobrym Stylu Maksymilian Dunajski with its registered seat in Gietrzwałd, ul. Spacerowa 8, NIP(Tax ID) No.:PL7393345388, Regon(Business ID) No. 519550486, phone no. 600 005 017, e-mail:email@example.com;
- Goods - products offered for sale by the Seller, which are available at donicesky.com;
- Buyer - an individual purchasing Goods at Shop;
- Artist Terms and Conditions - these Terms and Conditions specifying the principles of graphic desing provider (the Artist) and Seller cooperation;
- Terms and Conditions - Online Shop Terms and Conditions, available here;
- Customers have the right to register their brand and acquring the status of the artist by:
- registration of the account according to the procedure presented at Shop Terms and Conditions;
- sign up for PayPal account or having an active bank account;
- acceptance of Artist Terms and Conditions and providing the required personal
details in „artist account settings” and declare if the graphic designs provided by artists will directly related to his or her business activity or profession (in that case company name, registered seat and NIP is requied);
- Customer accepts that PayPal is an idependent of Seller third party and due to that the Seller has no bearing on contracts and transactions between customer and PayPal (especially on account registration and management). Seller shall not be liable for non-performance or improper performance of those contracts.
- By proper execution of registration procedure(as described in 1.) the customer obtains artist status (together with all rights and obligations due to Artist Terms and Conditions).
- In case when Seller will sale Goods with printed artist's graphics designs available under these Terms and Conditions, the seller will grant the artist 10% of the price for which the product was sold. The Payment shall be granted in credits, 1 credit has the value of 1 PLN (one zloty). For example: if the customer purchases a product worth 50 PLN, the artist will receive 10% of the product price, i.e. PLN 5 that is 5 credits.
- Credits are granted within 30 days of the completion of the order for a given product, i.e. from the day of dispatching the goods, under the condition that the Customer does not exercise the right to withdraw from the sales contract in accordance with article 27 of the Act of 30 May 2014 on consumer rights.
- The stage of processing orders for goods referred to in item 1, as well as the number of credits granted to the artist due to the sale of the goods may be monitored by the artist through the "sales statistics" available on the client's account.
- Once the artist has collected 100 credits, the artist gains the right to withdraw their cash equivalent to artist's PayPal account or bank account. For this purpose, the artist should click "Withdraw Funds" on the account. Then the Seller will immediately order a transfer of funds corresponding to the equivalent of the number of credits in the selected currency.
- The artist has the right to demand the payment of credits in the amount smaller than 100, only in the circumstances that result in the artist's account being deleted, in particular when:
- the artist will send the correct request regarding the account deletion;
- the artist's lack of acceptance to amendments in these Terms and Conditions or the Online Shop Terms and Conditions;
- the Shop being wind down;
- The request referred to in 5. above must be sent in writing together with its justification, to the address of the store or by e-mail to the following address: firstname.lastname@example.org.
- For artist who is:
- a natural persons not engaged in an economic activity or
- a natural person who run such an activity, but do not have a tax residence in Poland - the Seller as a tax remitter will withhold an income tax advance (for Polish residents) at the time of payment or a lump-sum income tax (in the case of non-residents);
- The Seller has the right to offer goods with the artist's graphic designs outside the store, in particular via other websites. In this case, he is obliged to inform the artist about the quantity of goods sold this way and grant credits in accordance with item 1. above no later than at the end of the quarter.
- The artist uses the brand as part of the shop's activities. Therefore, the artists can determine, among others: the name of the brand, description, logo, banner, links to websites created for the brand's needs in social networks. The logo should be a graphic with a resolution of at least 400x400 pixels, and a banner with a resolution of at least 1400x350 pixels.
- The brand should individualize the artist in a way that allows his unambiguous identification and distinction from other brands.
- The Seller has the right to use the artist's graphic designs referred to in these Terms and Conditions in order to place them on goods sold to third parties (store customers).
- The Seller has the right to use the content referred to in 1. above to indicate the artist or goods bearing the artist's graphic designs - in particular as part of the seller's offer (presented via the store), all promotional materials, etc.
- In exercising the rights specified in 3 and 4 above, the artist grants to the Seller a non- exclusive, unlimited as to time, free of charge and unlimited as to territory license covering the following fields of exploitation:
- ureproduce and record using any means or technologies including in particular reprographic, digital and magnetic;
- placing copies on the market;
- distribution of content, distribution of copies, in particular by making them available in such a way that everyone can have access to them in a place and time of their choice, including via ICT networks and the Internet;
- entering into digital devices memory and into computer networks;
- The Seller has the right to authorize other people, especially business partners, to use the content referred to in points 1 and 3 above in the scope of the license obtained.
- The artist declares that the activities of the seller, referred to in points 1-6 above, will not infringe the rights of third parties. In particular:
- if the content referred to in points 1 and 3 above is the subject of intellectual property
rights (including, for example, copyrights, trademark protection rights, industrial design rights, etc.) - the artist has the right to authorize the Seller to use them for the purposes and to the extent indicated in points 3 and 4 above;
- if the above the content includes the image of a natural person - the artist has the consent of that person to distribute its image by the seller in the scope indicated in point 3;
- the content, according to the artist's best knowledge, does not violate the personal rights of third parties, in particular dignity, good name, honor, privacy, scientific or artistic creativity, name or pseudonym, etc;
- if the content referred to in points 1 and 3 above is the subject of intellectual property
- The Seller has the right to remove some or all of the content that makes up the artist's brand or graphic at any time, if:
- their sharing infringes the rights of third parties (in particular as a result of receiving official notification or obtaining reliable information about their unlawful character - within the meaning of Article 14 paragraph 1 of the Act of 18 July 2002 on the provision of electronic services, i.e. Dz.U.2013.1422) or,
- decides that the content is inappropriate from the point of view of the store's image or marketing strategy or,
- decides to delete the artist's account (in a situation where such a possibility derives from the store Terms and Conditions) or to wind down the shop;
- The artist consents to the processing of his personal data for the purpose of implementing the provisions of these Terms and Conditions.
- The artist has the right to inspect the contents of personal data provided and amend them.
- Providing personal data by the artist is voluntary, but failure to do so will result in the inability to register the artist's brand and obtain the status of an artist.
Modifications of these Terms
The Seller reserves the right to amend or modify these Terms at any time or from time to time. In this case:
- The artists will be informed about the amendments via electronic mail, to the address provided during registration - at least 14 days before the amendments take effect.
- Artists will be asked to accept modifications to the regulations at the next login.
- Lack of acceptance of the amendments to the Terms and Conditions shall result in termination of the contract for the provision of electronic services in the scope of functionalities covered by these regulations (loss of the status of the artist).
These Terms and Conditions and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the Polish Law.