These Terms of Service (“Terms”) govern the sale of digital products through our website (“Website”) by VISUAL ART Katarzyna Kozdra-Baczulis, ul Różowa18/2 70-781 Szczecin, Poland (“we”, “us”, or “Seller”). These digital products include, but are not limited to, Adobe Photoshop plug-ins and Lightroom presets (collectively, “Digital Products”). By purchasing a Digital Product or otherwise using our Website, you (“you” or “Customer”) agree to be bound by these Terms. This document forms a legally binding agreement between you and the Seller.
Company Information: VA - VISUAL ART Katarzyna Kozdra-Baczulis is a business incorporated under the laws of Poland, contact email hello@va-presets.com (NIP: 9552025385, REGON: 321237989) All correspondence (including complaints or withdrawal notices) should be directed to the email provided.
These Terms are provided in English and should be published on our Website in a durable form. We recommend that you save or print a copy for your records. If you do not agree with any part of these Terms, you must not place an order or use this Website.
For the purposes of these Terms, the following definitions apply:
Other capitalized terms may be defined elsewhere in these Terms.
3.1 Scope of Terms: These Terms apply to all sales and deliveries of Digital Products by the Seller to the Customer via the Website, and to all usage of the Digital Products by the Customer. They also govern your general use of our Website. By accessing or using the Website or purchasing Digital Products, you acknowledge that you have read, understood, and agree to these Terms. If you are purchasing on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.
3.2 Applicable Law: This agreement is subject to and governed by the laws of Poland. However, if you are a Consumer residing in another country within the European Union, you may also be entitled to the protection of the mandatory consumer protection provisions under the laws of your country of residence. Nothing in these Terms will deprive a Consumer of the rights granted by applicable law in the EU, including rights under consumer protection, e-commerce, distance selling, and digital content laws.
3.3 Language: The Contract between you and the Seller will be concluded in English (unless otherwise explicitly offered, e.g., Polish). In case these Terms are translated into another language, the English version shall prevail in the event of any conflict in interpretation.
3.4 No Contrary Terms: These Terms constitute the entire agreement between you and us regarding the purchase of our Digital Products. Any other terms (for example, any terms you seek to impose at the time of purchase or in any communication) are hereby rejected and shall not apply, unless expressly agreed in writing by an authorized representative of the Seller.
3.5 Changes to Terms: We reserve the right to update or modify these Terms. If we make material changes, we will provide notice by posting the updated Terms on our Website and updating the “Last updated” date. The Terms that apply to your purchase will be those in effect at the time you place your order (unless a change in law requires us to retroactively modify the Terms). If you continue to use the Website or Digital Products after updated Terms are posted, you will be deemed to have accepted those changes for future interactions.
3.6 Eligibility: To purchase our Digital Products, you must be at least 18 years old or have the legal capacity to form a binding contract in your jurisdiction. By placing an order, you represent that you meet this requirement. If you are under 18, you may only use the Website and purchase products with involvement of a parent or guardian. We reserve the right to refuse service, terminate sales, or cancel orders (with a refund if payment was already made) at our discretion if we suspect the Terms have been violated or the Customer is not eligible.
To purchase and access Digital Products from our Website, you are required to create a user account. This account is necessary to manage your purchases, securely access download links, and receive updates related to your products.
4.1 Account Registration: To create an account, you must provide a valid email address, create a secure password, and submit any other information required by the registration form. By registering, you agree to:
We reserve the right to suspend or terminate accounts that contain false information or violate these Terms.
4.2 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect unauthorized use of your account or any security breach, you must notify us immediately. We are not liable for any loss or damage resulting from your failure to protect your login information.
4.3 Access to Digital Products: After completing a purchase, your Digital Products will be made available for download in your account dashboard. While your license to use the downloaded product is perpetual (Section 9.1), the availability of the download link itself via our servers may not be indefinite (see Section 8.6). It is your responsibility to download the files promptly and create secure backups. Access to download links may sometimes be subject to fair use limitations (e.g., number of downloads) to prevent abuse, or time limits for specific promotional offers, as specified in your purchase confirmation or on the product page. Any such limits on download access do not affect the perpetual duration of your license to use the product once downloaded.
4.4 Personal Data and Privacy: By creating an account, you consent to the processing of your personal data as outlined in our [Privacy Policy]. We will only use your data to administer your account, fulfill orders, and communicate with you in accordance with applicable data protection laws. We do not build user profiles for marketing purposes without your explicit consent.
5.1 Product Descriptions: We strive to ensure that the descriptions of our Digital Products (including features, compatibility, file formats, and usage instructions) are accurate and up-to-date. Each product listing will include information on the product’s functionality and any requirements (for example, required software versions or system specifications). If you have any questions about whether a Digital Product is suitable for your needs, please contact us before purchase.
5.2 Visuals and Examples: Any screenshots, images, or examples of output (such as edited photos) on the Website are for illustrative purposes. They are meant to show the potential use of the Digital Product. However, your results may vary depending on your original content and how you use the product. Such visuals do not form part of the Contract as a strict specification, but we guarantee that the Digital Products will substantially conform to their description and any specific claims made on the Website, in accordance with Section 11 (Conformity).
5.3 Pricing: All prices for Digital Products are displayed on the Website. We make efforts to ensure pricing is correct. In the event of a pricing error (e.g., a obvious typo resulting in a significantly incorrect price), we reserve the right to cancel any order placed at that incorrect price (with a full refund to you if payment has been collected), provided that we inform you of the error and the cancellation. Prices are subject to change at any time, but no change will affect orders that have already been confirmed by us.
5.4 Currency: Unless stated otherwise, prices are denominated in currency, e.g., Euro (EUR). You may be able to view prices in different currencies for convenience, but the final transaction currency will be clearly indicated at checkout. If your payment method is in a different currency, your bank or card issuer may apply currency conversion rates or fees for which we are not responsible.
5.5 Taxes: Our prices include any applicable value-added tax (VAT) or similar sales taxes, unless explicitly stated otherwise. For EU Consumers, the price you see will include VAT at the rate applicable (we comply with the EU VAT One-Stop Shop (OSS) scheme for digital services). For Customers outside the EU, no VAT will be charged, but you are responsible for any equivalent sales or use taxes in your jurisdiction if applicable. Business Customers in the EU (outside Poland) with a valid VAT identification number may be able to make a purchase without VAT (zero-rated under the reverse charge mechanism), provided that the VAT number is supplied and validated at checkout. We will issue VAT invoices where required by law.
6.1 Placing an Order: To purchase a Digital Product, you may first browse the Website and add items to your online cart without logging in. When you proceed to checkout, you will be prompted to either log in to your existing account or create a new user account as part of the checkout process. Creating an account is required to complete your purchase and access your downloads. During checkout, you will also need to provide the necessary billing details and a valid email address associated with your account. It is your responsibility to ensure all information is accurate and complete before finalizing the payment. You should review your order (including selected products, quantities, prices, and applicable taxes) and correct any input errors prior to confirming your purchase.
6.2 Acknowledgment and Acceptance: By clicking the “Buy Now”, “Purchase”, or similar confirmation button, you are making a binding offer to purchase the selected Digital Product(s) under these Terms.
Before completing the purchase, you will be asked to confirm that:
After successful payment, we will send an order confirmation to the email address registered with your account. This confirmation will include the product details, a durable copy of these Terms, and a model withdrawal form for informational purposes only—even though the right to withdraw does not apply due to the nature of the content.
We do not offer refunds or exchanges once a Digital Product has been delivered, unless a technical issue prevents you from accessing or downloading the product. In such cases, please contact us at hello@va-presets.com and we will assist you.
6.3 Download Availability: Upon successful payment and contract formation, your purchased Digital Products will be made available in your user account dashboard for download. You will also typically receive a download link in the order confirmation email. For details on how digital delivery works, see Section 8 (Delivery). If you do not receive a confirmation email within a reasonable time after purchase, please check your spam folder or contact us at hello@va-presets.com for assistance.
6.4 Rejection of Orders: We reserve the right to decline or cancel an order before it is confirmed, for example, if the product is unexpectedly unavailable, if there has been a clear pricing error (as noted in Section 5.3), or if we suspect the order is fraudulent or made in breach of these Terms. If we reject or cancel your order after payment, we will issue a full refund. We are not liable for any compensation beyond refunding the amount paid.
6.5 Updating Order Information: If you realize you’ve made an error in your order (e.g., incorrect billing details or account email) after completing checkout, please contact us immediately. We will do our best to assist, provided the order has not already been processed or the download accessed. Please note: we cannot modify the content of a Digital Product after delivery.
6.6 Limitations: Digital Products are licensed for end use only. We reserve the right to impose purchase limits per customer (e.g., for promotional offers or to prevent misuse) and to refuse or cancel bulk orders that appear to be intended for unauthorized resale or redistribution. This would violate the licensing terms outlined in Section 9. If you require multiple licenses for business use or multiple users, please contact us for commercial licensing options instead of placing repeated individual orders.
7.1 Payment Methods: Payment must be made at the time of order. We accept various payment methods for convenience, such as credit/debit cards, PayPal, and other electronic payment providers. The available payment options will be indicated at checkout. By providing payment information, you represent that you are authorized to use the payment method and you authorize our third-party payment processor to charge the total order amount to that method.
7.2 Payment Security: All payment transactions are processed through reputable third-party payment gateways which employ encryption and security protocols. We do not store your full payment card details on our servers. The processing of payments is subject to the terms and privacy policies of the payment providers. We are not responsible for any errors or security breaches occurring on the part of the payment processor, but we will assist in resolving issues to the best of our ability.
7.3 Timing of Payment: Your payment method will be charged at the point of transaction (i.e., when you confirm the purchase at checkout). If the payment is not successfully authorized or if it is later subject to a chargeback or reversal, we may automatically cancel the order. You agree to ensure that the payment is valid and has sufficient funds or credit available.
7.4 VAT and Taxes: As noted in Section 5.5, prices generally include VAT for EU consumers. We comply with VAT obligations under EU law, including the One-Stop Shop (OSS) scheme for digital services, and will remit taxes to the appropriate authorities. If you are required to pay any additional taxes or duties (for example, if your country imposes a download levy or if you’re a non-EU buyer with local use tax obligations), you are responsible for those, but typically digital downloads for personal use are tax-free beyond VAT. Business Customers providing a valid EU VAT ID will not be charged VAT (reverse charge), and the responsibility to account for VAT shifts to the buyer in accordance with EU law. In all cases, our invoices will reflect the tax paid. If you need a formal invoice, you can contact us or use the one provided in the confirmation.
7.5 Payment Confirmation: After payment is successfully processed, you will receive the order confirmation email (as described in Section 6.2). This serves as your receipt. Please keep this for your records. If you require any information on your transactions (e.g., invoice, VAT details), contact us and we will assist.
8.1 Digital Delivery Only: All products sold are Digital Products delivered electronically. No physical item will be shipped. Delivery is accomplished by providing the Customer with access to a download link or portal where the Digital Product files can be obtained. The typical format is an immediate download link shown on the confirmation page after purchase, links to the products you have purchased might also be available in your user account section on the website. Additionally a backup link could be sent to your provided email address.
8.2 Delivery Time: Unless otherwise stated during checkout, digital delivery is initiated immediately after your order is completed and payment is confirmed. In most cases, this means you will have access to download the product within minutes of completing your purchase. You acknowledge that by receiving immediate access to the Digital Product, you will be waiving certain rights of withdrawal, as detailed in Section 10. If an unexpected delay occurs (for instance, technical issues on our server or payment needing manual review), we will fulfill the order as soon as possible.. If you have not received your digital download within the reasonable time frame, please contact us promptly.
8.3 Download Method and Limits: The download link provided is typically unique to your purchase. We recommend downloading and securely backing up your purchased Digital Products promptly. While access via your user account is generally maintained, we do not guarantee perpetual availability for re-download indefinitely (see Section 8.6). We reserve the right to monitor download activity and restrict access in cases of suspected abuse or violation of these Terms. It is your responsibility to download and securely store the product file (for example, on your computer or backup drive) once delivered. If you encounter any issues with the download (corrupted file, link not working, etc.), contact us and we will provide assistance and, if necessary, issue a new download link.
8.4 No Shipping Costs: Because delivery is electronic, there are no shipping or handling charges. Any reference to “delivery” in these Terms refers to digital availability. You are responsible for ensuring that you have adequate internet access to download the product file. Any internet or data charges incurred for downloading are your responsibility.
8.5 Partial Delivery: In the unlikely event that a Digital Product consists of multiple components (for example, a bundle of preset files) and some components are not initially delivered, you have the right to request the missing parts. We will provide any missing files or correct any errors in the digital delivery at no additional charge to you. Our obligation is to deliver the complete product as per your order.
8.6 Accessibility of Downloads: We endeavor to keep the digital download links accessible. However, we do not guarantee perpetual hosting of the files for re-download. We advise you to keep a backup of the downloaded files. If you lose the Digital Product due to computer failure or other reason, you may contact us with proof of purchase and we will consider providing a replacement download link.
8.7 Support and Documentation: Along with the Digital Product, we may provide documentation or user guides (often included in the download or available on the Website) to help you install and use the product. While the purchase typically does not include formal technical support, we may offer support resources (FAQ, email support for installation issues, etc.) as a courtesy..
When you purchase a Digital Product, you are not buying the intellectual property rights or ownership of the product itself; rather, you are obtaining a license to use the product under the terms described here. All Digital Products are protected by copyright and other intellectual property laws. Subject to your compliance with these Terms and the payment of all applicable fees, we grant you the following license:
9.1 License Grant: The Seller grants you a personal, worldwide, non-exclusive, non-transferable, perpetual (lifetime) license, which means the right to use the version of the Digital Product you purchased indefinitely, subject to system compatibility and these Terms. This 'lifetime' license refers to your right to use the specific version you purchased indefinitely under these Terms, not to ongoing updates (beyond legal conformity requirements for Consumers), support, or server access. This license is granted to the individual Customer who made the purchase (or to the single entity, if the purchase was made by a company — in such case, the license is for one designated user within that company, unless a multi-user license is agreed). This license has no expiration (i.e., it is a lifetime license), and there are no recurring subscription fees for continued use.
9.2 Permitted Uses: Under this license, you may:
9.3 Attribution: We appreciate (but do not require) attribution or credit if you choose to mention that our Digital Product was used in the creation of your work. If you wish, you can credit Va Sunkissed presets or add a link to our website va-presets.com in descriptions or credits of your content, but this is entirely optional and at your discretion. Lack of attribution will never limit your license rights.
9.4 License Restrictions (Prohibited Uses): You must not engage in any of the following conduct:
Any use of the Digital Product outside the scope of the license grant (Section 9.1 and 9.2) or in violation of the above restrictions is a breach of these Terms and infringes our intellectual property rights. In the event of such breach, we have the right to terminate your license immediately (see Section 15 on Termination) and pursue any legal remedies available, including damages or injunctive relief to prevent further misuse.
9.5 Intellectual Property Ownership: All rights, title, and interest in and to the Digital Products (including all associated copyrights, source code, object code, images, presets, designs, trade secrets, trademarks, and other intellectual property contained therein) are and shall remain the property of VA VISUAL ART Katarzyna Kozdra-Baczulis or its licensors. No intellectual property rights are transferred to you except for the limited license rights expressly granted in these Terms. Our company name, logo, product names, and all content on the Website are protected by intellectual property laws. You are not granted any right or license to use our trademarks or trade dress (such as brand names, logos) without our prior written consent, except as needed to make truthful statements (e.g., to say “I used Sunkissed presets by VA (VISUAL ART) to edit this photo,” which is allowed).
9.6 Feedback: If you provide us with any feedback or suggestions regarding the Digital Products or the Website, we may use such feedback for any purpose without obligation to you. Any feedback you provide is completely voluntary, and we will not compensate you for it. To the extent such feedback is protectable under intellectual property laws, you grant us a worldwide, perpetual, irrevocable, sublicensable license to use and incorporate the feedback into our products and services.
This Section 10 applies only to Customers who are Consumers (as defined in Section 2) and who purchase our Digital Products. If you are a business or purchasing for commercial purposes, the right of withdrawal (cooling-off period) described here does not apply.
10.1 14-Day Cooling-Off Period: If you are a Consumer, you generally have the right to withdraw from (cancel) a distance contract (online purchase) within fourteen (14) days without giving any reason.
10.2 No Right of Withdrawal Once Download Has Begun (Digital Content Exception): Important: Under EU law, the right of withdrawal does not apply to contracts for supply of digital content not supplied on a tangible medium once the performance has begun with the consumer’s prior express consent and their acknowledgment that they thereby lose the withdrawal right. By placing an order for a Digital Product, you will be asked to consent to immediate performance (immediate delivery of the digital content) and acknowledge that this will waive your 14-day withdrawal right once the download or delivery starts. If you provide this consent and acknowledgement (typically by checking a box during checkout or by clicking the purchase button with clear notice), and we then provide you access to download the product, you will lose the right to cancel the purchase.
These steps are taken in compliance with Article 16(m) of the EU Consumer Rights Directive and corresponding Polish law (Article 38 of the Act on Consumer Rights).We provide the necessary information in the order confirmation email (durable medium) to document your consent and the loss of the right, as required.
10.3 How to Exercise Withdrawal: If you are entitled to withdraw (for example, if you are within the 14 days and have NOT yet downloaded or accessed the Digital Product, or if the above conditions for waiver were not properly met), you may exercise your right of withdrawal by informing us of your decision to cancel the Contract. You can do so by sending a clear statement to us (e.g., an email to hello@va-presets.com including your name, address, order number, and a statement that you withdraw from the contract. You may use the Model Withdrawal Form provided in Appendix 1 of these Terms, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the 14-day period has expired.
10.4 Effects of Withdrawal: If you withdraw from the contract within the permitted period, we shall reimburse you all payments received from you for that purchase. The refund will be processed without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold the refund until we have confirmation that you have not accessed the digital content.
10.5 Exceptions and Acknowledgments: By purchasing, you acknowledge that the standard right of withdrawal for digital products is subject to the exceptions and procedures outlined above. If you do not agree to waive the withdrawal right, you should refrain from downloading the product until the 14-day period has passed, or alternatively, not complete the purchase. However, please note that we typically sell digital goods for immediate use; if you do not want to waive the right, you must notify us and you may have to wait 14 days for delivery. (We provide this option to comply with law, but it is rarely used in practice).
This Section 10 is intended to comply with your rights under the EU Consumer Rights Directive and Poland’s Act on Consumer Rights. If you have any questions about your right of withdrawal, please contact us.
11.1 Scope and Legal Compliance: We are committed to providing Digital Products in compliance with applicable law. This Section outlines our obligations regarding conformity and updates, particularly for Consumers, and sets limitations on our liability to the maximum extent permitted by law.
11.2 Consumer Rights: Statutory Guarantee of Conformity and Updates (EU)
11.3 Limitations Applicable to All Customers (Including Consumers, Subject to Mandatory Rights)
11.4 Specific Provisions for Business Customers
If you are a Business Customer:
11.5 Third-Party Software and Services: Our liability does not extend to the performance, availability, or compatibility issues arising from third-party software required to use our Digital Products (e.g., Adobe Photoshop, Lightroom) or third-party services involved in delivery or payment (as per Section 7.2, 11.6 [adjust section number if needed]). We are not responsible for changes made by third-party developers (like Adobe) that may affect the functionality of our Digital Products, although we may, at our discretion, attempt to provide compatibility updates as described in Section 11.2(b) for Consumers where legally required, or otherwise as a courtesy.
11.6 Customer Responsibility for Data Backup: You are solely responsible for implementing appropriate measures to back up your data, files, and work product. We shall not be liable for any loss or corruption of data resulting from the use (or inability to use) the Digital Products.
11.7 Preservation of Mandatory Rights: Nothing in this Section 11 or elsewhere in these Terms is intended to exclude or limit any liability or statutory rights (particularly those granted to Consumers) which cannot be excluded or limited under applicable mandatory law.
12.1 Website Content: All content on our Website, including text, graphics, logos, icons, images, audio clips, downloads, and software (excluding user-generated content, if any), is the property of VA VISUAL ART Katarzyna Kozdra-Baczulis or our content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, display, or create derivative works from our Website content without our prior written permission, except for incidental use as necessary to view the content via normal web browsing or to make a purchase (e.g., caching pages in your browser).
12.2 Trademarks: VA VISUAL ART Katarzyna Kozdra-Baczulis and associated logos, and the names of any Digital Products or services we provide, are our trademarks or service marks. You are not permitted to use these marks without our prior written consent, except as allowed by law (such as fair use for review or comparison). Other trademarks on the Website (for example, Adobe, Photoshop, Lightroom) are the property of their respective owners. Use of third-party trademarks or names on our site is for reference only and does not imply endorsement by or affiliation with those third parties.
12.3 Third-Party Materials: The Website may contain references or links to third-party websites, resources, or content. We do not own or control those third-party materials and are not responsible for their content or any claims arising from them. If we integrate any third-party libraries or code in our Digital Products, they will be identified in the documentation along with their respective licenses. Your use of third-party software or resources is governed by the terms of those third parties.
12.4 User Content (Reviews/Comments): If our Website allows you to post reviews, comments, or other content (collectively, “User Content”), you retain ownership of the intellectual property rights in your content, but you grant us a worldwide, royalty-free, perpetual license to use, reproduce, publish, and display that content on our Website and in our marketing (for example, by displaying customer reviews). We reserve the right to moderate, edit, or remove any User Content that violates these Terms or applicable law. You agree not to post anything that infringes others’ IP rights, is defamatory, or is otherwise unlawful.
In general, our transactions do not involve exchange of confidential information, since you are simply purchasing a product. However, if in the course of providing support or other services either party needs to share Confidential Information with the other, the following applies:
13.1 Definition: “Confidential Information” means any non-public information disclosed by one party to the other in connection with use of the Digital Products or support, which is designated as confidential or which ought reasonably to be understood as confidential given the nature of the information. This may include, for example, your business plans, unpublished creative works, or technical information about our software that is not publicly known.
13.2 Obligations: Both we and you agree to keep confidential any Confidential Information received from the other party, not to disclose it to any third party (other than affiliates or contractors bound by similar confidentiality obligations and who need to know for the purpose of the contract), and to use it only for the purpose for which it was disclosed. We will use any confidential information you provide (such as sample images you send for troubleshooting) only to assist you, and we will not share those images or information without your consent. Likewise, if we share any pre-release plugin or code with you for beta testing, you agree not to disclose it to others or use it for any purpose outside of testing and feedback.
13.3 Duration: The obligations of confidentiality will continue for as long as the information remains confidential, even after termination of these Terms or completion of the sale. We typically do not expect to hold any of your confidential information beyond resolving a support request. Any personal data exchanged is handled under our Privacy Policy and applicable data protection laws, which impose separate confidentiality and security requirements.
14.1 Termination by the Seller: We reserve the right to terminate the Contract or suspend your access to the Website or Digital Products at any time in the event of your material breach of these Terms. Material breaches include, for example, unauthorized sharing or resale of our Digital Products (license violation), non-payment or fraudulent payment, or other violations of intellectual property rights or applicable law. If we terminate for cause, we will inform you by email. Termination for cause may result in termination of your license to use the Digital Product; in such case, you must cease use and destroy any copies of the Digital Product in your possession, and no refund will be due to you (since the termination is a result of your breach). We may also refuse future sales to you.
14.2 Suspension: As an alternative to termination, we may suspend your access to downloads or updates if we suspect misuse. For example, if we detect that your download link or license key has been shared publicly, we may temporarily disable access while investigating. We will notify you if this happens and work in good faith to resolve the situation (if there was a misunderstanding or if your credentials were compromised, etc.).
14.3 Termination by Customer: As a Customer, you may terminate your usage of the Digital Product at any time by simply discontinuing use and (if you wish) notifying us that you no longer intend to use it. However, note that outside the withdrawal period (Section 10) such termination does not entitle you to any refund of fees paid, since the license was granted on a perpetual basis. You could also terminate an account by deleting it or requesting deletion.
14.4 Effect of Termination: Upon termination of the Contract for any reason: (a) any provisions of these Terms which by their nature should survive termination (such as license restrictions, liability limitations, and intellectual property protections) will remain in effect; (b) if terminated for your breach, you must immediately cease all use of the Digital Product and destroy any remaining copies.
14.5 Discontinuation of Service: We reserve the right to discontinue the Website or product offerings (in whole or in part) at any time, for example if the business is shutting down or transitioning. If such discontinuation will affect access to Digital Products you have already purchased (for instance, if we will no longer be able to provide downloads or updates), we will do our best to inform you in advance via the email. Discontinuation of selling new licenses does not inherently terminate existing licenses; you can continue using the products you have under the license terms. However, no further updates or support might be available after discontinuation.
15.1 Privacy Policy: Our collection, use, and processing of personal data in connection with the Website and purchases are described in our Privacy Policy (which is available on our Website). By purchasing or using the Website, you acknowledge that you have read the Privacy Policy. Key points: we collect only necessary data (such as your name, email, and payment details via our processor) to fulfill your order and comply with legal obligations (like tax records). We do not sell your personal information to third parties. We implement appropriate security measures to protect your data.
15.2 GDPR Compliance: As a Poland-based business, we abide by the European Union’s General Data Protection Regulation (GDPR) and relevant Polish data protection laws. You have rights regarding your personal data, such as the right to access, correct, or delete your data, and to object to or restrict certain processing. For example, you can request a copy of the information we hold about you, or ask us to delete your account data (if accounts exist) or order data. For details on how to exercise these rights, see our Privacy Policy.
For full details on our data handling practices, please refer to the Privacy Policy.
16.1 Governing Law: These Terms and any disputes arising out of or related to them (including any Contract for purchase of Digital Products) shall be governed by and construed in accordance with the laws of Poland, without prejudice to the mandatory consumer protection provisions of the law of your country of residence (if you are a Consumer residing in another EU member state). This choice of law is made pursuant to EU Regulation (EC) No 593/2008 (Rome I), and we do not seek to deprive consumers of the protections afforded to them by laws that cannot be derogated from by agreement.
16.2 Jurisdiction: In the event of a dispute, we encourage you to contact us first to seek an amicable resolution. If a dispute cannot be resolved amicably, the courts of Poland shall have jurisdiction to hear the dispute. However, this clause does not limit a Consumer’s right to bring a dispute in the courts of his/her home country under applicable law. Under EU law, if you are a Consumer you may be able to pursue claims in your local courts. Likewise, if required by law, courts in your country may have jurisdiction despite this agreement. For Business Customers, you and we agree that any litigation shall be subject to the exclusive jurisdiction of the competent courts in Poland.
16.3 Complaint Handling: If you have any complaints about the product or our service, you may also contact local consumer protection authorities or the Polish Office of Competition and Consumer Protection (UOKiK) or its regional consumer ombudsman for advice. We value our Customers and will earnestly attempt to resolve any legitimate complaints directly. You can reach our customer service at hello@va-presets.com for any disputes, questions, or complaints.
We are committed to providing high-quality Digital Products and excellent customer service. If you are dissatisfied with a Digital Product purchased or any aspect of our service, please let us know so we can address your concerns.
17.1 Complaints should be submitted in writing via email to hello@va-presets.com. To help us process your complaint efficiently, please include the following information:
17.2 Complaint Processing Timeframe. We will acknowledge receipt of your complaint via email within 3 business days. We will investigate your complaint and provide a substantive response, including our decision and any proposed resolution, within 14 calendar days from the date we received your complete complaint. In exceptional circumstances, if we require more time to investigate fully, we will notify you of the delay, the reasons for it, and an updated timeframe for our response.
17.3 Complaint Investigation and Resolution. Upon receiving your complaint, we will:
17.4 Unsatisfactory Resolution. If you are not satisfied with our final response to your complaint, or if your complaint is not resolved, you may have the right to seek external dispute resolution.
18.1 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent authority or court, that provision shall be deemed severed from these Terms and the remaining provisions shall remain in full force and effect. In such a case, the invalid provision shall be interpreted, to the extent possible, in a manner that closely reflects the original intent of the parties (as permitted by law).
18.2 No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of rights must be in writing and signed by us to be effective. If we waive a default or breach on one occasion, it does not mean we will automatically waive any later default or breach.
18.3 Transfer of Agreement: We may transfer or assign our rights and obligations under these Terms (for example, in the event of a merger, acquisition, or sale of business assets involving the Website or Digital Products) to another party, provided that such transfer does not reduce your rights under these Terms. You will be notified in the event of any such assignment. You may not transfer or assign any of your rights or obligations under these Terms without our prior written consent, as these are personal to you (except that consumers have the right to have claims heard by authorized bodies as described above).
18.4 Relationship of Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between you and us. You are buying a product as an independent end-user. Neither party has the authority to bind the other or incur obligations on the other’s behalf.
18.5 Notices: We may provide you with any notices (including legal notices) under these Terms by sending an email to the address you provided or by posting them on the Website. Notices sent by email will be deemed received 24 hours after the email is sent, unless we receive a bounce-back indicating the email was not deliverable. It is your responsibility to keep your contact information current. You may send notices to us by email at hello@va-presets.com or by registered mail to Visual Art Katarzyna Kozdra-Baczulis, ul. Różowa 18/2 70-781 Szczecin, Poland. Official contract-related communications (such as a notice of withdrawal or a claim of non-conformity) should ideally be sent via a method that provides proof of delivery (for example, email with read receipt or postal mail with tracking).
18.6 Entire Agreement: These Terms, along with any documents expressly referred to in them (such as the Privacy Policy and any specific product license terms that were presented at purchase), constitute the entire agreement between you and us regarding the purchase and use of our Digital Products. They supersede any prior agreements, understandings, or representations (whether oral or written) relating to the same subject matter. However, this does not limit liability for fraudulent misrepresentation.
18.7 Consumer Rights Preservation: Nothing in these Terms is intended to limit or exclude any mandatory consumer rights or provisions that apply to you. In the event of any conflict between these Terms and any statutory rights, the statutory rights will prevail for the affected party.
18.8 Force Majeure: We shall not be held liable or responsible for any delay or failure to fulfill our obligations under these Terms (including, but not limited to, providing access to the Website or facilitating the download of Digital Products) if such delay or failure arises from causes beyond our reasonable control. Such causes may include, without limitation, acts of God, natural disasters, war, terrorism, riots, pandemics, actions by governmental authorities, widespread internet or electrical infrastructure failures, or other significant disruptions ('Force Majeure Event'). Our performance obligations will be suspended for the duration of the Force Majeure Event.
18.9 Contact Information: If you have any questions about these Terms, or need to contact us for any reason, please use the following contact information:
We will be glad to assist you with any inquiries about our products or these Terms.
Thank you for reading these Terms of Service. By making a purchase, you acknowledge that you understand and agree to this agreement. We appreciate your business and hope you enjoy our Digital Products!
Appendix 1 – Model Withdrawal Form (for EU Consumers)
(Complete and return this form only if you are a Consumer who wishes to withdraw from the contract within the 14-day cooling-off period, in accordance with Section 10 of the Terms of Service, and only if no exception applies.)
To: VISUAL ART Katarzyna Kozdra-Baczulis, ul Różowa 18/2 70-781 Szczecin, Poland, Email: hello@va-presets.com
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following digital product:
Name of consumer(s): [_________________________]
Address of consumer(s): [_________________________]
Date: [//______]
Signature of consumer(s): _________________________ (Only if this form is notified on paper)
