Terms and Conditions

Last updated: 05.10.2026

1. General Provisions

These Terms and Conditions govern:
a) the purchase of finished original paintings by Alicja Bodak
b) the commissioning of original paintings (Commissions)
c) the ordering and provision of photography services
The seller and service provider is:

Harmony Alicja Bodak
ul. Racławicka 51/5
53-149 Wrocław
Poland
NIP (Tax Identification Number): 8992944724
e-mail: alicja.painter@gmail.com
phone number: +48 789 888 603

hereinafter referred to as the “Artist”.

3. The Artist may be contacted in matters relating to the purchase of paintings, order of commissions and photography services, complaints and withdrawal from contracts by e-mail at alicja.painter@gmail.com, by telephone at +48 789 888 603 or by post at the address indicated above.

4. The website alicjabodak.com is primarily a presentation and portfolio website. It is not an online shop equipped with a shopping cart or an automated ordering and payment system.

5. Contracts are entered into directly between the Artist and the Client following contact initiated by the Client and agreement on the terms of the relevant transaction.

6. These Terms and Conditions apply to contracts concluded with Consumers and business clients, subject to any mandatory provisions of applicable law granting specific rights or protections to particular categories of clients.

2. Definitions

For the purposes of these Terms and Conditions:

Artist means Harmony Alicja Bodak, conducting business at the address indicated in Section 1.2.
Client means any individual, legal entity or organisational entity purchasing a painting, commissioning a painting or engaging the Artist's photography services.
Consumer means an individual entering into a contract with the Artist for purposes unrelated directly to that individual's business or professional activity.
Finished Painting means an original painting already created by the Artist and offered for sale.
Commission means an original painting created by the Artist specifically for the Client following individual arrangements concerning, in particular, its dimensions, subject matter, color palette, intended setting or other relevant characteristics.
Photography Services means photographic services provided by the Artist, including photography sessions, the scope and terms of which are agreed individually with the Client.

3. Finished Paintings

Finished original paintings offered for sale may be presented on https://alicjabodak.com/originals.
Information accompanying a painting may include its title, dimensions, medium, price and other relevant details.
A person interested in purchasing a Finished Painting shall contact the Artist and identify the painting they wish to purchase.
The Artist shall confirm whether the painting is available and provide the Client with the information necessary to conclude the transaction, including:
a) the price of the painting
b) the delivery cost
c) the method and estimated timing of delivery or the possibility of personal collection
d) payment details.
The presentation of a painting and its price on the website does not guarantee that the painting will remain available for purchase at the time the Client contacts the Artist.
A painting that has already been sold or reserved may be marked as unavailable on the website.
A contract of sale is concluded once the parties have agreed on the terms of the transaction and the Client has confirmed their intention to purchase the painting on those terms.
The Artist shall provide the Client with confirmation of the agreed terms of sale by e-mail or in another form which allows the content of the agreement to be stored and reproduced.

4. Prices and Payment

Prices displayed for Finished Paintings on the website are the final prices payable for the relevant artwork.
The Artist benefits from the applicable VAT exemption. The price displayed for a painting therefore constitutes the total amount payable for the painting itself.
The price of a painting does not include delivery costs, unless expressly stated otherwise by the Artist.
Delivery costs are determined individually and depend, in particular, on:
a) the dimensions of the painting
b) the method of packaging and protection required
c) the destination
d) the chosen method of transport.
The Client shall be informed of the delivery cost before the contract is concluded.
Payment shall be made exclusively by bank transfer to the bank account specified by the Artist.
Unless otherwise agreed, a Finished Painting shall be dispatched after the Artist has received the full purchase price and delivery costs.
The Artist shall not charge the Client any additional fees which were not disclosed to the Client before the contract was concluded.

5. Delivery and Personal Collection

The Artist delivers paintings within Poland and to countries of the European Union.
The delivery method, delivery cost and estimated delivery time shall be agreed with the Client before the contract is concluded.
Paintings shall be appropriately packaged and protected for transport, taking into account their dimensions, medium and particular characteristics.
The Client may collect a painting in person in Wrocław, Poland, subject to prior agreement with the Artist regarding the date and place of collection.
Where a painting is delivered by courier or other carrier, the Client should, where reasonably possible, inspect the condition of the package upon delivery.
If the package appears to have been damaged, the Client is advised to photograph the packaging and the painting and to notify the Artist without undue delay.
Failure to inspect the package upon delivery or failure to provide photographic documentation shall not deprive a Consumer of any statutory rights relating to a lack of conformity of the painting with the contract.

6. Consumer's Right of Withdrawal in Respect of a Finished Painting

A Consumer who concludes a distance contract for the purchase of a Finished Painting has the statutory right to withdraw from the contract without giving any reason within 14 days from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, takes possession of the painting.
The withdrawal period shall be observed if the Consumer sends the withdrawal notice before the expiry of the relevant period.
A withdrawal notice may be sent:
a) by e-mail to alicja.painter@gmail.com; or
b) by post to:

Harmony Alicja Bodak
ul. Racławicka 51/5
53-149 Wrocław
Poland

4. Following withdrawal from the contract, the Consumer shall return the painting without undue delay and in any event no later than 14 days from the date on which the Consumer notified the Artist of the withdrawal.

5. The Consumer shall bear the direct cost of returning the painting, unless the Artist agrees to bear such cost or applicable mandatory law provides otherwise.

6. Due to the size and nature of an artwork, the method and estimated cost of returning a particular painting may be agreed individually with the Consumer.

7. The Consumer shall take reasonable care to protect the painting against damage during return transport.

8. The Consumer shall be liable for any diminished value of the painting resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the painting.

9. The Artist shall reimburse the Consumer for payments received from the Consumer in accordance with applicable law, subject to the Artist's statutory right to withhold reimbursement until the painting has been returned or the Consumer has provided evidence of having sent it back, whichever occurs first.

10. Where the Consumer withdraws from the contract, the Artist shall reimburse the Consumer for the standard delivery cost paid by the Consumer, subject to applicable law and, in particular, the statutory rules concerning a Consumer's choice of a more expensive delivery method than the least expensive standard delivery method offered by the Artist.

7. Commissions

The Artist accepts Commissions for original paintings based on individual arrangements with the Client.
The Client may contact the Artist to discuss an idea for a Commission, including its dimensions, intended location, subject matter, color palette and other expectations.
The Client may provide reference and supporting materials, including photographs of the interior in which the painting is intended to be displayed, photographs, inspiration images, color references or other information concerning the intended character of the Commission.
Before work begins, the parties shall agree, in particular, on:
a) the dimensions of the painting
b) its subject matter or general concept
c) the Client's material requirements and expectations
d) the price
e) the amount of the advance payment
f) the estimated completion date
g) the method and cost of delivery; an
h) any other material terms of the Commission.
The detailed terms of a particular Commission shall be set out in a separate agreement between the Artist and the Client.
Following execution of the agreement, the Client shall pay the agreed advance payment. Once the advance payment has been received, the Artist shall commence work in accordance with the agreed terms.
Once the Commission has been completed, the Artist shall provide the Client with a photograph of the finished painting.
Following the Client's approval of the finished painting, the Client shall pay the remaining balance of the agreed price.
Once the full price has been received, the Artist shall deliver or dispatch the painting to the Client in accordance with the agreed delivery arrangements.
A Commission is the result of the Artist's individual and creative work. Reference materials and instructions supplied by the Client are intended to establish the artistic direction and general character of the Commission and do not require the Artist to reproduce such materials mechanically.
Unless otherwise agreed in writing, the Client acknowledges that, due to the creative nature of the work, the finished painting may contain individual artistic decisions made by the Artist and may differ in detail from reference materials, inspiration images or previous works.
Where a distance contract concerns a Commission which is a non-prefabricated item made to the Consumer's specifications or clearly personalized to the Consumer's needs, the Consumer does not have a statutory right of withdrawal pursuant to Article 38(3) of the Polish Act of 30 May 2014 on Consumer Rights (Ustawa o prawach konsumenta).
The exclusion of the statutory right of withdrawal referred to above does not affect the Client's statutory rights arising from non-performance, improper performance or lack of conformity of the painting with the contract.

8. Photography Services

The Artist provides Photography Services, including photoshoots.
The specific terms of each photography session shall be agreed individually with the Client and may include:
a) the type and nature of the session
b) the location
c) the date
d) the duration
e) the scope of the service
f) the number and type of photographs to be delivered
g) the method and date of delivery of the photographic material
h) the fee.
Detailed terms may be set out in a separate agreement between the Artist and the Client.
Where a contract for Photography Services is concluded at a distance with a Consumer, the Consumer generally has a statutory right to withdraw from the contract within 14 days from its conclusion.
If the Consumer expressly requests that performance of the service commence before expiry of the withdrawal period, the service may commence before that period expires subject to the requirements of applicable law.
If the Photography Services are fully performed before expiry of the withdrawal period, the Consumer's right of withdrawal may cease once the statutory requirements have been met, including the Consumer's prior express consent to performance commencing before expiry of the withdrawal period and acknowledgement that the right of withdrawal will be lost upon full performance of the service.

9. Lack of Conformity and Complaints

The Artist shall be liable to a Consumer for any lack of conformity of a painting with the contract in accordance with applicable mandatory law.
In respect of Finished Paintings, the Artist shall be liable for a lack of conformity existing at the time the painting was delivered and discovered within the statutory period.
Where a painting is not in conformity with the contract, the Consumer may exercise the remedies provided by the Polish Act on Consumer Rights, including requesting that the painting be brought into conformity with the contract by means of repair or replacement and where the statutory conditions are met - requesting a price reduction or withdrawing from the contract.
Complaints may be submitted by e-mail to alicja.painter@gmail.com.
To facilitate the handling of a complaint, the Client is encouraged to provide:
a) the Client's details
b) information identifying the purchase or Commission
c) a description of the issue
d) the remedy requested
e) photographic evidence where reasonably possible.
Failure to provide any of the information listed above shall not deprive a Consumer of any statutory rights.
The Artist shall respond to a Consumer complaint within the period prescribed by applicable law.
Where a complaint is accepted, the Artist shall fulfil the obligations imposed by applicable law, including any statutory obligation to bear the relevant costs of repair, replacement or return.

10. Nature and Characteristics of the Artwork

Each painting is an original work created by the Artist.
Due to the handmade nature of the artwork, the materials used and the individual creative process, paintings may display characteristics typical of original artworks, including minor variations in texture, surface, brushwork or other elements resulting from the technique used.
Such inherent characteristics of a handmade original shall not, in themselves, constitute a lack of conformity with the contract.
The colors of a painting displayed on a screen may differ slightly from the colors of the original due to the settings of the monitor, telephone or other device used by the Client, as well as the lighting and conditions in which the photograph of the artwork was taken.

11. Copyright

The paintings, photographs and other creative materials presented on alicjabodak.com constitute works protected by copyright to the extent provided by applicable law.
The purchase of an original painting transfers ownership of the particular physical copy of the artwork to the Client.
The purchase of a painting does not transfer copyright or economic copyright (autorskie prawa majątkowe) in the underlying work. Unless otherwise agreed, the transfer of ownership of the physical copy does not result in the transfer of economic copyright.
In particular, purchasing a painting does not grant the Client the right to:
a) reproduce the painting
b) copy or duplicate it
c) use reproductions for commercial purposes
d) authorize third parties to use the work in any manner requiring the consent of the copyright holder.
Any transfer of economic copyright shall require a separate written agreement complying with the requirements of applicable Polish copyright law.

12. Business Clients

The Artist enters into contracts with both Consumers and business clients.
Business clients who do not qualify for statutory consumer protection shall be subject to the provisions of applicable law governing business-to-business transactions.
Where the Client is an individual carrying on business activity and enters into a contract directly related to that business activity, but the contract is not of a professional nature for that individual, the statutory provisions granting consumer protection shall apply to the extent provided by applicable law.

13. Final Provisions

Contracts concluded under these Terms and Conditions shall be governed by Polish law, subject to any mandatory provisions of law protecting Consumers which apply in the relevant circumstances.
These Terms and Conditions shall be made available on alicjabodak.com in a manner enabling Clients to access, read and retain their contents.
Before concluding a distance contract, the Artist shall provide the Consumer with the information required by applicable law, including information concerning the subject matter of the contract, price, delivery costs, payment method, method and timing of performance, the right of withdrawal and complaint procedures.
Matters not expressly regulated by these Terms and Conditions shall be governed by applicable Polish law, including the Polish Act of 30 May 2014 on Consumer Rights, the Polish Civil Code and the Polish Act on Copyright and Related Rights.
Any amendment to these Terms and Conditions shall not affect rights or obligations arising from contracts concluded before the amended version enters into force.

In the event of any discrepancy or inconsistency between the Polish and English versions of these Terms and Conditions, the Polish version shall prevail.