1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT
4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
5. THE COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT
6. PROCEDURE FOR DEALING WITH COMPLAINTS
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS FOR ENTREPRENEURS
10. PRODUCT REVIEWS
12. FINAL PROVISIONS
13. MODEL WITHDRAWAL FORM
These Online Shop Regulations have been prepared by the lawyers of Prokonsumencki.pl. The online shop www.printagram.com cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights to which they are entitled under mandatory provisions of law, and any possible doubt shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The online shop available at the Internet address www.printagram.com is run by MARCIN BIENIECKI conducting business under the name MARCIN BIENIECKI STUDIO GRAFIKI I TECHNIK INTERNETOWY, entered into the Central Register of Business Activity and Information of the Republic of Poland conducted by the minister responsible for economy, holding: the business address and address for delivery: ul. Kaliska 30, 63-460 Nowe Skalmierzyce, NIP: 9680165413, REGON: 300443490, e-mail address: firstname.lastname@example.org, telephone number: 502677602.
1.2 These Terms and Conditions are addressed to both consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.
1.4.1. BLOG - Electronic Service, an online blog available on the Website to its Service Recipients enabling them to view the Service Provider's entries, in particular those relating to its business and the Products offered.
1.4.2. CHAT - an Electronic Service, an interactive form available on the Online Shop allowing direct contact with the Seller in real time.
1.4.3 WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.4. EDITOR - Electronic Service enabling the Customer to design a Product by himself.
1.4.5. CONTACT FORM - Electronic Service, an interactive form available in the Online Shop allowing direct contact with the Seller.
1.4.6. REGISTRATION FORM - a form available in the Online Shop which enables the creation of an Account.
1.4.7. ORDER FORM - an Electronic Service, an interactive form available on the Internet Shop enabling the placement of an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.8. CUSTOMER - (1) a natural person with full capacity to enter into legal transactions, and in cases provided for by generally applicable laws also a natural person with limited capacity to enter into legal transactions; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.9. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
1.4.10. ACCOUNT - Electronic Service, a set of resources in the Service Provider's data communication system marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Shop are stored.
1.4.11. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Shop.
1.4.12. PRODUCT - (1) a movable item (including a movable item with digital elements, i.e. containing or connected to digital content or a digital service in such a way that the absence of the digital content or service would prevent its proper functioning), (2) digital content or (3) a service which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.13. REGULATIONS - these regulations of the Internet Shop.
1.4.14 INTERNET SHOP - the Service Provider's online shop available at the following internet address: www.printagram.com.
1.4.15. SELLER; SERVICE PROVIDER - MARCIN BIENIECKI conducting business under the firm MARCIN BIENIECKI STUDIO GRAFIKI I TECHNIK INTERNETOWY entered in the Central Register of Business Activity and Information of the Republic of Poland kept by the minister competent for economy, having: business address and address for service: ul. Kaliska 30, 63-460 Nowe Skalmierzyce, NIP 9680165413, REGON 300443490, e-mail address: email@example.com, telephone number: 502677602.
1.4.16. SALE CONTRACT - an agreement for the sale of a Product (in the case of movables and movables with digital elements), (2) an agreement for the provision of a Product (in the case of digital content or a digital service), (3) an agreement for the provision or use of a Product (in the case of a non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Shop.
1.4.17. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop and which is not a Product.
1.4.18. SERVICE USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law, using or intending to use an Electronic Service.
1.4.19. CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
1.4.20. ORDER - Customer's declaration of will submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.
1.4.21 PROJECT ORDER - Electronic Service consisting of ordering the Service Provider to prepare the design of a Product.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1 The following Electronic Services are available on the Online Shop: Blog, Chat, Editor, Account, Contact Form, Order Form, Newsletter and Project Order.
The Blog can be viewed by going to the 'Blog' tab on the Website. The Blog is available free of charge to all visitors of the Website without the need to provide any data or perform any other actions. As part of the Blog, the Owner publishes articles relating to the subject matter of the Website.
22.214.171.124 The Service Recipient has the possibility to stop using the Blog at any time and without giving any reason by closing the Internet browser.
2.1.2. Chat - The use of the Chat is possible after a total of three consecutive steps have been completed by the Customer -
(1) clicking on the field representing the message balloon to the "Chat" field visible on the web page of the Online Shop, (2) typing the content of the message and (3) clicking on the action field on the keyboard.
126.96.36.199 After using the Chat, it is possible to obtain a transcription to an e-mail address. Obtaining a transcription requires a total of four consecutive steps to be performed by the Service Recipient:(1) clicking on the symbol representing three dots lined up one below the other, (2) clicking on the field "Send chat transcription to e-mail address", (3) entering in the form the e-mail address to which the chat transcription is to be sent and (4) clicking on the field "Send message".
188.8.131.52 The Electronic Chat Service is provided free of charge and has a one-time nature and is terminated as soon as the Buyer and the Seller have finished chatting via it or as soon as the Buyer or the Seller has stopped making enquiries via it in advance.
2.1.3. Editor - the Editor can be used after the Client has completed a total of four consecutive steps - (1) after navigating to the "Free online editor" tab, (2) selecting a template of a Product template, (3) using the editing tools provided by the Service Provider, and (4) saving the project in .pdf format on the Client's device used during the use of the Editor.
184.108.40.206 The Customer has the option at any time and without giving any reason to stop using the Editor by closing the web browser.
2.1.4. Account - the use of an Account is possible after completion of a total of three consecutive steps by the Customer - (1) filling in the Registration Form, (2) clicking on the "Register" field and (3) clicking on the activation link, which is automatically delivered to the e-mail address indicated by the Customer. In the Registration Form, it is necessary for the Service Recipient to provide the following details of the Service Recipient (1) for Service Recipients who are consumers: country, first name, surname, contact telephone number, address (street, building number, postal code and city), email address and password; or (2) for Service Recipients who are not consumers: country, company, contact telephone number, address (street, building number, postal code and city), email address and password.
220.127.116.11 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: firstname.lastname@example.org or in writing to the address: ul. Kaliska 30, 63-460 Nowe Skalmierzyce.
2.1.5. Contact Form - the use of the Contact Form starts after the Service Recipient has completed a total of two consecutive steps - (1) navigating to the "Contact" tab and (2) clicking on the "Submit" box on the Online Shop website after completing the Contact Form. In the Contact Form, it is necessary for the Customer to provide the following details concerning the Customer: first and last name, e-mail address and to enter the content of the enquiry. In order to provide a more efficient service, the Service Recipient may also provide the following data: name, contact telephone number and content of the enquiry.
18.104.22.168 The Contact Form Service is provided free of charge and is a one-off service and terminates when the enquiry is submitted.
Order Form - the use of the Order Form starts when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes two consecutive steps in total - (1) completing the Order Form and (2) clicking the "Order with obligation to pay" box on the Online Shop website after completing the Order Form. - until this point, it is possible to modify the data entered on your own (for this purpose, you should be guided by the messages displayed and the information available on the website of the Online Shop). In the Order Form it is necessary for the Customer to provide the following details concerning the Customer: country, first name, surname, contact telephone number, address (street, building number, postal code and city), e-mail address data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of non-consumers, it is also necessary to provide the company name and NIP No.
22.214.171.124 The Electronic Order Form Service is provided free of charge and is provided on a one-off basis and terminates when an Order is placed through it or when the Customer discontinues placing an Order through it in advance.
2.1.7 Newsletter - the Newsletter shall be used by: (1) ticking the appropriate checkbox when setting up the Account - as soon as the Account is created, the Customer is subscribed to the Newsletter,
126.96.36.199 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via email to: email@example.com or in writing to the address: ul. Kaliska 30, 63-460 Nowe Skalmierzyce.
2.1.8. Project Order - use of the Project Order is possible while the Customer is using the Order Form.
188.8.131.52 As part of the Design Order, the Customer may personalise the ordered Product, which will be carried out by the Service Provider.
184.108.40.206 The Electronic Design Order Service is additionally chargeable and the price depends on the individual arrangements of the Customer with the Service Provider and on the individual modifications made to the Product.
220.127.116.11. the Customer has the option at any time and without giving any reason to stop using the Project Order by deleting the information given in the Project Order form.
2.2 Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768..
2.3 The Client is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.
2.4 The procedure for complaints relating to the Electronic Services is indicated in Section. 6 of the Regulations.
3. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT
3.1 The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with point. 2.1.6 of the Terms and Conditions.
3.2 The price of the Product displayed on the website of the Online Shop is given in Polish Zloty and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services charges) and other costs, and if the amount of these charges cannot be established - about the obligation to pay them, the Customer is informed on the website of the On-line Store during the process of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.3 Procedure for the conclusion of a Sales Contract in the Online Shop using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an order in the Online Shop in accordance with point. 2.1.6 of the Terms and Conditions.
3.3.2. After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.
4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Contract:
4.1.1 Payment by bank transfer to the Seller's bank account.
4.1.2. electronic payments and payment card payments via PayU.pl, PayNow.pl, PayPal.com, Przelewy24.pl - possible current payment methods are specified on the Online Shop website in the information tab concerning payment methods and on the website https://www.payu.pl/, https://www.paynow.pl/, https://www.paypal.com/pl and https://www.przelewy24.pl/.
18.104.22.168 The settlement of electronic payment and payment card transactions is carried out according to the Customer's choice. The processing of electronic payments and payment cards is carried out by:
22.214.171.124.1. PayU.pl - PAYU SPÓŁKA AKCYJNA with registered office in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files stored by the District Court Poznań - Nowe Miasto and Wilda in Poznań; share capital of PLN 7,789,000.00 fully paid up; NIP: 7792308495, REGON: 300523444.
126.96.36.199.2. Paynow.pl - the company MBANK SPÓŁKA AKCYJNA with its registered office in Warsaw (mBank S.A. with its registered office in Warsaw, ul. Prosta 18, 00-850 Warsaw, share capital PLN 169,539,536.00 (paid in full), registered in the Register of Entrepreneurs of the National Court Register under the number 0000025237, registration files kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register NIP: 5260215088, REGON: 001254524.
188.8.131.52.3 The online payment service provider for card payments is Autopay S.A. Available payment methods: Google Pay, Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
PayPal - The company PayPal (Europe) S.a r.l. et Cie, S.C.A., 5th floor 22-24 Boulavard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, Commercial Registry Number: R.C.S. Luxembourg B 118 349, VAT number: LU22046007.
4.2 Payment term:
4.2.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days of the conclusion of the Sales Agreement.
4.3 Payment refunds
4.3.1 In the event that a refund is required for a transaction made by a customer with a payment card, the seller shall make the refund to the bank account assigned to the customer's payment card.
5. THE COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT
5.1 The delivery of the Product is available in the Republic of Poland and abroad.
5.2 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transport, delivery and postal service fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the placing of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 The Seller shall make the following methods of delivery of the Product available to the Customer:
5.3.1 Postal delivery.
5.3.2 Courier delivery.
5.3.3 Parcel delivery.
5.4 The lead time is calculated from the correct placement of the order, i.e. acceptance and confirmation.
5.4.1 Delivery times vary depending on the product selected and the options selected in the product. Lead times (specified in working days) are given online when browsing products in the shop or in the order summary.
5.4.2 In the case of Products with different delivery periods, the delivery period shall be the longest period stated.
5.5 The start of the period for delivery of the Product to the Customer is counted from confirmation of payment for the order and confirmation of the correctness of the order placed.
5.5.1. Confirmation of payment - if the Customer chooses to pay by bank transfer, electronic payment or payment card - shall be deemed to be receipt of the payment into the Seller's bank account or settlement account.
5.5.2 Confirmation of the correctness of the order placed. An employee of the Seller personally confirms the correctness of the order placed together with the delivered materials. The correctness of the order is checked only for orders that are paid for.
If preparatory or adaptation work (e.g. design development and approval, preparation of files or other work necessary for execution) is required for the execution of the order, the start of the execution period may be postponed by the time required for this work.
184.108.40.206 Information on the correctness and acceptance of the order for execution is documented by sending an email confirming acceptance for execution.
220.127.116.11 The binding delivery date of the order (planned dispatch date) always remains the information sent in the order confirmation email.
5.6 The 'Printing House' is not responsible for defects and delays in order fulfilment resulting from incorrect preparation by the Client of the file required for order fulfilment (incompatible with the technical specification given in the recommendations) or any other reason which makes it impossible to use it for correct order fulfilment.
5.7 The delivery date of an order or one of its items may be missed on the part of the Seller in the event of force majeure (e.g. breakdown). In such a case, the Customer will be informed immediately.
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: firstname.lastname@example.org.
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: email@example.com 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 firstname.lastname@example.org 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: email@example.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.
10. PRODUCT REVIEWS
10.1 The Seller allows its Customers to issue and access opinions about the Products and the Online Shop under the terms and conditions indicated in this section of the Terms and Conditions.
10.2 The customer can give feedback by using a form to add opinions on the Product or the Online Shop. This form can be made available directly on the website of the Online Shop (including by means of an external widget) or can be made available by means of an individual link received by the Customer after purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.
10.3 An opinion on a Product may be issued only for the Products actually purchased from the Seller's Online Shop and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or sham Sales Agreements in order to issue an opinion on a Product. An opinion about the Online Shop may be issued by a person who is a Customer of the Online Shop.
10.4 Adding opinions by Clients may not be used for illegal activities, in particular for activities that constitute an act of unfair competition or activities that infringe personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good manners.
10.5 Opinions may be made available directly on the website of the Online Shop (e.g. next to a given Product) or on an external opinion-gathering service with which the Seller cooperates and to which it is linked on the website of the Online Shop (including by means of an external widget placed on the website of the Online Shop).
10.6 The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product in question. To this end, the Seller shall take the following steps to verify that the reviews come from its Customers:
10.6.1. Publication of an opinion issued using a form available directly on the website of the Internet Shop requires prior verification by the Seller. Verification consists in checking the compliance of the opinion with these Terms and Conditions, in particular checking whether the person giving an opinion is a client of the Online Shop - in this case the Seller checks whether the person has made a purchase at the Online Shop, and in the case of an opinion on a Product, additionally checks whether they have purchased the reviewed Product. Verification takes place without undue delay.
10.6.2 The Seller sends its Customers (including by means of an external feedback service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Shop.
10.6.3. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties whether a given opinion comes from the Customer or whether a given Customer has bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Internet Shop or has purchased the reviewed Product.
10.7 Any comments, appeals against the verification of an opinion, or objections as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be made in a manner analogous to the complaint procedure indicated in Section 6 of the Terms and Conditions.
10.8 The Seller shall not post or cause to be posted by another person any untrue opinions or recommendations of the Customers and shall not distort the opinions or recommendations of the Customers in order to promote its Products. The Seller shall make available both positive and negative opinions. The Seller does not provide sponsored opinions.
11.1 Acting in accordance with Article 13(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (OJ.EU.L.2016.119.1), hereinafter:" RODO", we inform you that:
11.1.1 The Administrator of the personal data is the company Studio Grafiki i Technik Intenetowy Marcin Bieniecki
11.1.2 The data is stored on the servers of Hetzner Online GmbH (Data centre park Falkenstein, DE) and BaseLinker Sp. z o.o., Plac Solny 15, Wroclaw.
If you comment on the site, you can choose to save your name, email address and website in cookies so that when you write subsequent comments the above information is already conveniently completed. Cookies expire after one year.
If you visit the login page, we will create a temporary cookie to check that your browser accepts cookies. This does not contain any personal data and will be deleted when the browser is closed.
11.2.3 When you log in, we additionally create a number of cookies needed to save your login information and selected screen options. The login cookies expire after two days and the screen options after one year. If you select the 'Remember me' option, the login will expire after two weeks. If you log out of your account, your login cookies will be deleted.
11.3 Embedding content from other sites
Some pages on this site may contain embedded content (e.g. the application to upload files to your order, the shopping cart on the summary page - applications of shipping companies). Embedded content from other sites behaves as if the user had visited the specific site directly.
11.4 With whom we share data.
11.4.1 If you request a password reset, your IP address will be included in the message sent.
11.5 How long we keep your data.
11.5.1 If you leave a comment, its content and metadata will be stored indefinitely. This allows us to recognise and approve subsequent comments automatically, without sending them for moderation each time.
11.5.2 For users who have registered on our website, we also store the personal information entered in the profile. Any user can view, correct or delete his/her personal information at any time (with the exception of the user name, which cannot be changed). Site administrators may also view and modify this information.
11.6 What rights do you have over your data
11.6.1 You may request that we delete all of your personal data that we hold. This does not apply to any data that we are obliged to retain for administrative, legal or security reasons.
12. FINAL PROVISIONS
11.1 Contracts concluded through the Online Shop shall be concluded in the Polish language.
12.2 Amendment of the Rules of Procedure:
11.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in the law; changes in payment or delivery methods or deadlines, being subject to legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counteract an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats - to the extent that these changes affect the implementation of these Terms and Conditions.
11.2.2. Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without complying with the 15 day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in such a way that it is unable to comply with the 15-day notification period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the previous sentence, the implementation of the changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
11.2.3 In the case of contracts of a continuing nature (e.g. provision of an Electronic Service - Account), the Customer has the right to terminate the contract with the Service Provider before the expiry of the notification period for the proposed changes. Such termination shall take effect within 15 days of receipt of the notification. In the case of a continuing contract, the amended Terms and Conditions shall be binding on the Service Recipient if the Service Recipient has been duly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receipt of the notification of the changes, the Service Recipient may accept the changes being made and thereby waive the continuation of the notification period. In the case of the conclusion of a contract of a nature other than a continuing contract, the amendments to the Terms and Conditions will in no way affect the rights acquired by the Service Recipient prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.
11.2.4 In the event that an amendment to the Terms and Conditions results in the introduction of any new charges or the increase of current charges, the consumer shall have the right to withdraw from the contract.
11.3 Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); Act on Consumer Rights; and other relevant provisions of universally applicable law.
13. MODEL WITHDRAWAL FORM
(ANNEX 2 OF THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the contract)
MARCIN BIENIECKI STUDIO OF GRAPHICS AND WEB TECHNIQUES
ul. Kaliska 30, 63-460 Nowe Skalmierzyce
- I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/the contract for the provision of the following service(*)
- Date of conclusion of contract(*)/receipt(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if the form is sent on paper)
(*) Delete as appropriate.