The printsgarage store (www.printsgarage.com) operates on the terms specified in this Regulations.
The seller and administrator of the printsgarage online store is the company:
Magdalena Pohoryło Prints Garage
NIP: 9161370238
REGON: 525767991
tel: +48 514 183 647
e-mail: biuro@printsgarage.com
The regulations specify the conditions for concluding and terminating sales contracts for the product, the procedure for handling complaints, as well as the types and scope of services provided electronically by the printsgarage store, the rules for providing these services, the conditions for concluding and terminating contracts for the provision of services electronically.
Every service recipient, upon taking actions aimed at using the Electronic Services of the printsgarage store, is obliged to comply with the provisions of this Regulations.
In matters not regulated in this Regulations, the provisions apply:
Act on the provision of electronic services of July 18, 2002,
Consumer Rights Act of May 30, 2014,
Act on out-of-court resolution of consumer disputes of September 23, 2016,
Civil Code of April 23, 1964, and other relevant Polish legal provisions.
§ 2
DEFINITIONS INCLUDED IN THE REGULATIONS
ORDER FORM - a form available on the website www.printsgarage.com and www.printsgarage.pl enabling the placement of an Order.
CLIENT - Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER - a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
ENTREPRENEUR - a natural person, a legal person, and an organizational unit not being a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
PRODUCT - a movable item available in the Store, which is the subject of a Sales Agreement between the Client and the Seller.
REGULATIONS - this store's regulations.
STORE - an online store of the Service Provider operating at www.printsgarage.pl and www.printsgarage.com
SELLER, SERVICE PROVIDER - Magdalena Pohoryło Prints Garage. ul. Lawendowa 31, 55-120 Pęgów
SALES AGREEMENT - a Product Sales Agreement concluded between the Client and the Seller through the Store.
ORDER - the Customer's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE - the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.
§ 3
INFORMATION ABOUT PRODUCTS AND THEIR ORDERING
The www.printsgarage.com store conducts the sale of Products via the Internet.
Products offered in the Store are new, in accordance with the agreement, and have been legally introduced to the Polish market. The information on the Store's website does not constitute an offer within the meaning of the law.
By placing an Order, the Customer makes an offer to purchase a specific Product on the terms specified in its description. The price of the Product visible on the Store's website is given in Polish zlotys (PLN) and includes all components. The price does not include delivery costs.
Orders can be placed through the website using the Order Form www.printsgarage.com – 24 hours a day, 365 days a year. The condition for placing an Order in the Store by the Customer is to familiarize themselves with the Regulations and accept its provisions when placing the Order.
§ 4
CONCLUSION OF A SALES AGREEMENT
To conclude a Sales Agreement, it is necessary to submit an Order by the Customer in the manner provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations. After placing the Order, the Seller immediately confirms its receipt. Confirmation of the Order receipt, as mentioned in point 2 of this paragraph, binds the Customer with the Order. Confirmation of the Order receipt is made by sending an e-mail.
The confirmation of the Order receipt includes: confirmation of all essential elements of the Order, a withdrawal form, this Regulations containing information about the right to withdraw from the contract.
Upon receiving the e-mail message by the Customer, as mentioned in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5
PAYMENT METHODS
The Seller provides the following payment methods:
payment by traditional bank transfer to the Seller's bank account,
payment through an electronic payment system.
In the case of payment by traditional bank transfer, payments should be made to the following bank account:
PLN: 26 1050 1575 1000 0090 8246 8274 (Bank ING S.A.) In the transfer title, the Customer should enter "Order no. ...".
Seller's details: Magdalena Pohoryło Prints Garage, NIP: 9161370238, ul. Lawendowa 31, 55-120 Pęgów
In the case of payment through an electronic payment system, the Customer makes the payment before starting the execution of the Order. The electronic payment system allows payment by credit card, Blik, electronic wallet, and quick transfer from selected Polish banks.
The Customer is obliged to make the payment for the price of the Sales Agreement within 2 working days from the date of its conclusion, unless the Sales Agreement provides otherwise. The Product will be sent only after it is paid.
§ 6
COST, TIME, AND METHODS OF PRODUCT DELIVERY
The costs of delivering the Product, covered by the Customer, are determined during the Order placement process.
The delivery time of the Product consists of the time of completing the Product and the time of delivering the Product by the carrier:
the time of completing the Products is 1 working day,
delivery of movable Products by the carrier takes place within the period declared by him, i.e., 3 working days from the date of dispatch (delivery takes place only on working days, excluding Saturdays, Sundays, and holidays),
The order fulfillment time is counted from the moment of obtaining a positive payment authorization. Products purchased in the Store are shipped only within Poland through a courier company.
§ 7
PRODUCT COMPLAINT
Complaint due to non-compliance of the Product with the contract.
The basis and scope of the Seller's liability towards the Customer who is a Consumer due to non-compliance of the Product with the contract are specified in the Consumer Rights Act of May 30, 2014. The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur, under the warranty, are specified in the Civil Code of April 23, 1964.
The Seller is liable to the Customer who is a Consumer for the non-compliance of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that moment unless the Product's durability specified by the Seller or persons acting on his behalf is longer, notifications of the non-compliance of the Product with the contract, and filing the relevant request can be made via e-mail to the address: biuro@printsgarage.com. or in writing to the address: Magdalena Pohoryło Prints Garage, ul. Lawendowa 31, 55-120 Pęgów.
The complaint should include the Customer's contact details, a description of the non-compliance of the Product with the contract, and the Customer's request. If the complaint does not contain the data specified in the preceding sentence, the Seller will ask the Customer to complete it within the time limit set by him, but not shorter than 14 days.
The Seller will address the complaint within 14 days from the date of its receipt in the correct form.
If the Product has a physical defect, the Customer may submit a declaration of price reduction or withdrawal from the contract unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect.
The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the Seller at the Seller's expense to the address: Magdalena Pohoryło Prints Garage, ul. Lawendowa 31, 55-120 Pęgów. If, due to the type of Product or the way it is installed, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
If the Customer is a Consumer, the cost of delivery of the defective Product to the Seller is covered by the Seller. If the Customer is an Entrepreneur, the cost of delivery of the defective Product to the Seller is covered by the Customer.
§ 8
RIGHT TO WITHDRAW FROM THE CONTRACT
The Consumer who has concluded a distance contract can withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs specified in the Regulations.
The 14-day period for withdrawal from the contract is counted:
for contracts in which the Seller releases the Product, being obliged to transfer its ownership (e.g., Sales Agreement) - from taking possession of the Product by the Consumer or a third party indicated by him other than the carrier, and in the case of contracts that:
the Subject of the order is a few Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part,
the Subject of the order is the regular delivery of Products for a fixed period - from taking possession of the first of the Products,
the Subject of the order is the regular delivery of Products for a fixed period - from taking possession of the first of the Products.
The Consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawing from the contract, it is enough for the Consumer to send information before the deadline.
The declaration of withdrawal from the contract may be submitted on a form, the template of which constitutes an attachment to these Regulations and is available on the Store's website at www.printsgarage.com as well as on the website www.uke.gov.pl.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return all payments made by him, including the cost of delivery of the Products to the Consumer.
The Seller shall refund the payment using the same method of payment as used by the Consumer unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, depending on which event occurs first.
The Consumer should return the Product to the address: Magdalena Pohoryło Prints Garage, ul. Lawendowa 31, 55-120 Pęgów, immediately, no later than 14 days from the day on which he withdrew from the contract. The deadline is met if the Consumer sends back the Product before the deadline of 14 days.
The Consumer bears the direct cost of returning the Product.
If, due to its nature, the Product cannot be returned by regular mail, the Seller informs the Consumer about the cost of returning the Product on the Store's website.
The Consumer is liable for the decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
The right to withdraw from a distance contract is not available to the Consumer in relation to contracts:
for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who was informed before the service begins that after the service is provided by the Seller, he will lose the right to withdraw from the contract,
in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control, and which may occur before the deadline to withdraw from the contract,
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery,
in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and whose delivery can take place only after 30 days and whose value depends on fluctuations in the market over which the Seller does not control,
in which the Consumer expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those whose performance the Consumer demanded or provides items other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the Consumer in respect of additional services or items,
in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
for delivering newspapers, periodicals or magazines, with the exception of subscription contracts,
concluded through a public auction,
for the provision of accommodation services other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision,
for the delivery of digital content that is not saved on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
§ 9
FREE SERVICES
The Seller provides free electronic services to the Clients:
contact form, newsletter.
The service of providing a contact form consists of enabling the Client to contact the Seller via the contact form.
The service of providing a newsletter consists of sending, by the Seller, electronically to the e-mail address indicated by the Client, the ordered newsletter of the Seller's products, or other information related to the Seller's activity.
The service of providing a contact form and the service of providing a newsletter are provided 7 days a week, 24 hours a day.
To use the service of providing a contact form, it is necessary for the Client to provide his e-mail address in the form and then send a message.
To use the service of providing a newsletter, it is necessary for the Client to provide his e-mail address and then subscribe to the newsletter.
The service of providing a contact form and the service of providing a newsletter are provided free of charge for an indefinite period.
§ 10
CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
Both the Client and the Seller may terminate the contract for the provision of electronic services at any time and without giving any reason.
The Client, being a Consumer, may terminate the contract for the provision of electronic services at any time and without giving any reason, subject to the rights acquired by the Seller before the termination of the contract for the provision of electronic services.
The Seller may terminate the contract for the provision of electronic services if the Client violates the Regulations, and in particular when the Client provides illegal content after unsuccessful prior call to cease the violation with an appropriate deadline. The contract is terminated after 14 days from the date of submitting the statement of will by the Seller.
Termination of the contract for the provision of electronic services by the Client or the Seller is done by submitting an appropriate statement of will to the other party.
The client can send a statement of will, in particular, by e-mail to the address: biuro@printsgarage.com.
The seller can send a statement of will, in particular, by e-mail to the address provided by the Client in the form.
The contract for the provision of electronic services is terminated by the Seller immediately after receiving the Client's statement of will.
§ 11
PERSONAL DATA PROTECTION
The administrator of personal data provided by the Client when using the Store is the Seller.
Personal data is processed for purposes related to the implementation of the provisions of the Regulations, that is, the conclusion and performance of the Sales Agreement, as well as for the purposes indicated in the Regulations.
The provision of personal data by the Client is voluntary, but failure to provide the data specified in the Regulations necessary to conclude and perform the Sales Agreement results in the inability to conclude this agreement.
The customer has the right to access their data and correct them.
The Seller shall protect personal data in particular against unauthorized access, disclosure to unauthorized persons, loss or damage.
Detailed information on the processing of personal data by the Seller is included in the Privacy Policy, which is an attachment to the Regulations.
Section 12
FINAL PROVISIONS
Contracts concluded through the Store are governed by Polish law.
In the event of any inconsistency between any part of the Regulations and the applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Regulations.
Any disputes arising from Sales Agreements between the Store and Consumers will be resolved, in the first instance, through negotiations with the intention of amicably settling the dispute, taking into account the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible or satisfactory for either party, the disputes will be resolved by the competent common court in accordance with point 4 of this paragraph.
Any disputes between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be subject to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
A Consumer who is a Customer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after completing the complaint procedure, an application for mediation or a request for the case to be considered by an amicable court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Voivodship Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer can also use the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claims settlement after completing the complaint procedure is free of charge.
To amicably resolve a dispute, a Consumer can, in particular, file a complaint through the Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.
Document prepared using an automatic generator available on the website www.lexlab.pl/generator-regulaminu.
