Complaints

(extract from regulations)

6. PROCEDURE FOR DEALING WITH COMPLAINTS
6.1 Special conditions for complaints concerning printed products
6.1.1 Inputs. Due to the nature of production, the quantity of goods ordered may vary. In most cases these differences are in favour of the Customer. However, differences of less than +/- 5% are permissible.
6.1.2 Technological limitations. There are certain technological limitations imposed by offset printing and digital printing. Slight colour differences may occur in relation to printing the same work on different machines and at different times. Such differences are not subject to complaint.
6.2 This section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Shop. A complaint may be submitted, for example:
6.2.1. in writing to the following address: ul. Kaliska 30, 63-460 Nowe Skalmierzyce;
6.2.2. in electronic form via e-mail to: info@printagram.com.
6.3 The Product may be sent or returned under a complaint to the following address: ul. Kaliska 30, 63-460 Nowe Skalmierzyce.
6.4 It is recommended to state in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for the manner of bringing the complaint into conformity with the contract or the declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made without the recommended description of the complaint.
6.5 If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the Seller.
6.6 The complainant may attach to the complaint evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos) if this will facilitate and speed up the consideration of the complaint by the Seller.
6.7 The Seller shall respond to the complaint immediately, no later than within 14 calendar days of receipt.
6.8 The basis and scope of the Seller's statutory liability are set out in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended). Additional information regarding the Seller's liability for the conformity of the Product with the Sales Agreement, as provided by law, is indicated below:
6.8.1. In the case of a complaint about a Product - a movable item - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until 31st December 2022, the provisions of the Civil Code in the wording in force until 31st December 2022, in particular Articles 556-576 of the Civil Code, shall determine. These provisions define in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.
6.8.2 In the case of a complaint about a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item which serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023 shall be determined by the provisions of the Consumer Rights Act in the wording in force as of 1. January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.
6.8.3 In the case of a complaint about a Product - digital content or service or a movable thing that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller on or before 1. January 2023, if the delivery of such Product was to take place or took place after that date, the provisions of the Consumer Rights Act in the wording in force from 1. January 2023, in particular Articles 43h - 43q of the Consumer Rights Act, shall determine. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.
6.9 In addition to the statutory liability, a warranty may be granted for the Product - this is a contractual (additional) liability and can be exercised when the Product is covered by the warranty. The warranty may be provided by an entity other than the Seller (e.g. by a manufacturer or distributor). Detailed terms and conditions of liability under the guarantee, including details of the entity responsible for the implementation of the guarantee and the entity entitled to make use of it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Vendor points out that in the case of non-conformity of the Product with the contract, the Customer is entitled by law to legal remedies on the part and at the expense of the Vendor and that the guarantee does not affect these legal remedies.
6.10. The provisions contained in points 6.8.2. and 6.8.3. of the Terms and Conditions concerning the consumer shall also apply to the Customer who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
7.1 Out-of-court dispute resolution methods include (1) enabling the parties to bring their positions closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (conciliation court). Detailed information on the possibility for a Customer who is a consumer to make use of out-of-court ways of handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2 There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on out-of-court settlement of consumer disputes. The consumer may contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3 The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Inspectorate; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8 a.m. to 6 p.m., call charge as per operator's tariff).
7.4 A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8. RIGHT OF WITHDRAWAL
8.1 A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:
8.1.1. in writing to the following address: ul. Kaliska 30, 63-460 Nowe Skalmierzyce;
8.1.2. in electronic form via e-mail to: info@printagram.com.
8.2 The return of the Product - movables (including movables with digital elements) within the withdrawal from the contract may take place at the address: ul. Kaliska 30, 63-460 Nowe Skalmierzyce.
8.3 A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point. 12 of the Terms and Conditions. The consumer may use the sample form, but it is not obligatory.
8.4 The period for withdrawal shall begin:
8.4.1. for a contract in the performance of which the Seller delivers the Product being obliged to transfer its ownership - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves multiple Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;
8.4.2. for other contracts, from the date of conclusion of the contract.
8.5 In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.6 Products - movable items, including movable items with digital elements:
8.6.1 The Seller shall be obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal, all payments made by the consumer, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (with the exception of additional costs arising from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of the payment received from the consumer until it has received the Product back or the consumer has provided proof of its return, whichever event occurs first.
8.6.2 In the case of Products - movable items (including movable items with digital elements) - the consumer shall be obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. It is sufficient to send back the Product before the deadline.
8.6.3 The Consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.7 Products - digital content or services:
8.7.1 In the case of withdrawal from a contract for the provision of a Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement of withdrawal, may not use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except content which: (1) are only useful in connection with the digital content or digital service that formed the subject matter of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be extracted from them or can only be extracted with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. With the exception of the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that has been provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which shall not affect the consumer's rights referred to in the previous sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2 In the event of withdrawal from the contract for the provision of a Product - digital content or digital service, the consumer shall be obliged to stop using that digital content or digital service and making it available to third parties.
8.8 Possible costs associated with the consumer's withdrawal from the contract to be borne by the consumer:
8.8.1 In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a delivery method for the Product other than the cheapest ordinary delivery method available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.
8.8.2 For Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.
8.8.3 In the case of a Product - service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be obliged to pay for the performance rendered until the withdrawal from the contract. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.
8.9 The consumer has no right of withdrawal from a distance contract in respect of contracts:
8.9.1. (1) for the provision of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - non-refabricated, produced to the consumer's specification or serving to satisfy his/her individualised needs; (4) where the subject of the performance is a Product - a movable item (including a movable item with digital elements) - that is perishable or has a short shelf life; (5) where the subject of the performance is a Product - a movable item (including a movable item with digital elements) - that is supplied in sealed packaging that cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the object of the performance is Products - movable things (including movable things with digital elements) - which, after delivery, by their nature, are inseparable from other movable things, including movable things with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or supplies Products - movables (including movables with digital elements) - other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject of the supply are sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer has explicitly requested the Seller to come to the consumer's home for repair and the service has already been fully performed with the consumer's explicit and prior consent.
8.10 The consumer provisions contained in this section 8 of the Terms and Conditions shall also apply for contracts concluded from 1 January 2021 onwards to a Customer or a Client who is a natural person concluding a contract directly related to his/her business activity, if it is evident from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS FOR ENTREPRENEURS
9.1 This clause 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date onwards, who is not also a natural person entering into a contract directly related to his/her business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3 The Seller's liability under the warranty for the Product or the Product's non-conformity with the Sales Agreement shall be excluded.
9.4 The Seller shall respond to the complaint within 30 calendar days of receipt.
9.5. The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6 The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Customer an appropriate statement.
9.7 The liability of the Service Provider/Seller towards the Client/Customer, irrespective of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and the costs of delivery under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller is also not liable for any delay in the carriage of the consignment.
9.8 Any disputes arising between the Seller/Service Provider and the Customer/Service Provider shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.