I. General provisions
- These Terms and Conditions set out the rules for ordering printed products on the web portal available at https://www.neighboursart.com, hereinafter referred to as the Portal.
- The owner and administrator of the Portal is Drukomat.pl sp. z o.o. with its registered office in Piła at Wypoczynkowa 13, NIP (Tax Identification Number): 7642657656, REGON (Business Identification Number): 301763972, entered into the National Court Register under the number 0000388587, District Court Poznań – Nowe Miasto i Wilda in Poznań, 9th Commercial Division of the National Court Register, paid-up share capital of PLN 1,050,000.00, hereinafter referred to as the Printing House.
II. Using the Portal
- Only natural persons with full legal capacity, legal persons, and organisational units without legal personality but with legal capacity may be the customers of the Portal.
- The Printing House may deprive the Customer of the right to use the Portal, as well as restrict access to part or all of its resources with immediate effect if the Customer violates the Terms and Conditions, and especially if the Customer: (a) has provided data/details which are untrue, inaccurate or outdated, misleading or violating the rights of third parties when placing an order, (b) has committed a violation of personal rights of third parties through the Portal, (c) has committed other acts which are contrary to generally applicable laws using the Portal.
- A Customer who has been deprived of the right to use the Portal may register at the Portal again without the prior consent of the Printing House.
- In order to ensure the security of the transmission of messages and data in connection with the services provided on the Portal, the Printing House shall take technical and organisational measures appropriate to the extent of the security threat to the services provided. This includes especially measures to prevent unauthorised parties from obtaining and modifying personal data transmitted over the Internet.
- The Customer of the Portal may not: (a) provide and transfer content that does not comply with the law, such as content that promotes violence, content that is defamatory or that infringes on the personal rights and other rights of third parties, (b) use the Portal in a manner that interferes with its functioning, (c) send or upload unsolicited commercial information (spam) to the Portal, (d) use the Portal in a manner contrary to its purpose, which includes in particular causing inconvenience to other Customers and the Printing House.
III. Placing orders
- Orders are placed without the need for the Customer to set up an account.
- The goods sold include posters and albums. The proceeds made from the sale thereof will go to an organisation supporting Ukraine.
- In order to conclude a sales agreement, the Customer needs to select products and determine the quantity thereof the intend to purchase on the Portal, fill out a form with contact details, shipping and delivery details, and pay for the order placed. The Customer is required to submit correct data/details.
- An order placed will be processed as soon as the payment for the order is credited to the Printing House’s bank account.
- The ordered products can be delivered only within the area of the European Union, to the address indicated by the Customer when placing an Order.
- Products are delivered by courier companies.
- The delivery date is specified at the ordering stage.
V. Prices and payment methods
- The prices of the products are given in Polish zloty and in euro, and include: the cost of processing of the order, the cost of the products, packing, cardboard packaging, and VAT – unless otherwise indicated in the product description, and the cost of shipping within Poland. Foreign shipments will be subject to extra charge – to be paid by the Customer.
- Payment can be made through third-party integrated payment systems, offering payment by: debit cards, credit cards, online transfer. Notice: payments are made through third-party solutions and the Printing House is not liable for any irregularities/errors/problems related to the payment process.
- The Printing House is not liable for delays resulting from untimely transmission of data by integrated payment systems.
- The Printing House will issue an invoice documenting the purchase to the Customer, either in Polish or English, depending on the language version of the Portal used by the Customer.
- The Customer agrees to receive invoices electronically.
- In order for a complaint to be accepted, it must be e-mailed to email@example.com
- A complaint should include a detailed description of the fault/discrepancy found and the scope of the related claim.
- The Customer may file a complaint within 14 business days of receipt of goods.
- The Printing House undertakes to process a complaint within 30 business days from the moment it is filed.
- In order for a complaint procedure to be completed, the Customer may be asked to return part of their order or the entire order. In the event that a complaint requires the Customer to provide additional documentation or explanation, the Printing House is obliged to send an e-mail to the Customer and determine the elements that need to be supplemented, and the Customer is obliged to send them within 7 business days of receiving the e-mail. Once this period expires, the complaint procedure is terminated and the complaint is considered dismissed.
- Complaints are accepted on business days until 16:00 (4 pm). Complaints received on a given day after 16:00 (4 pm) will be considered submitted on the next business day.
- Complaints concerning the quality of courier shipments will be considered on the basis of a damage report drawn up jointly with the courier upon receipt of the shipment. The absence of a damage report may make the Printing House unable to examine the complaint.
- The Printing House is liable only for its own acts and omissions. The Printing House is not liable for the consequences of the acts or omissions of third parties, especially for delays in the transfer of funds by financial institutions and delays of carriers involved in the delivery of products to the Customer.
VII. Reporting an error in the functioning of the Portal
- The Printing House shall take measures required for the Portal to function properly, to the extent allowed by the current level of technical knowledge, and undertakes to promptly remove any errors reported by the Customers.
- Customers can report any errors in the functioning of the Portal by sending an e-mail to: firstname.lastname@example.org.
- When reporting a system error, the Customer is required to specify the type and date of the error encountered.
VIII. Final provisions
- Provisions of the Polish law in force shall apply to all matters not regulated by these Terms and Conditions.
IX. Additional provisions applicable only to entrepreneurs and persons making purchases for work-related purposes
- The maximum level of compensation or amount claimed due to non-performance or improper performance of agreement is limited to 100% of the value of the Order.
- The Printing House will make every effort to process and ship the Order within the specified time-frame, but stipulates that the delivery may be delayed for a maximum of 2 business days due to the occurrence of an unexpected spike in production. Delays in deliveries set to arrive within the indicated time-frame do not make the Printing House liable for damages to the Customer, nor do they entitle the Customer to withdraw from the agreement. When the delay caused by a spike in production is longer than 2 days, the Customer may receive compensation in the amount of 1% of the value of the concluded agreement for each day of delay. The total compensation amount is limited to 5% of the value of the concluded agreement.
- The Printing House stipulates that Orders may not be completed on time due to random events beyond the control of the Printing House, which include but are not limited to: shortages in the supply of electricity or Internet service; delays occurring for reasons attributable to shipment carriers or failures of equipment used in the printing process. Delays in the completion of orders for said reasons do not make the Printing House liable for damages to the Customer, nor do they entitle the Customer to withdraw from the agreement.
- Since the Customer is granted a guarantee, the liability of the Printing House under warranty and non-performance and improper performance of the agreement is excluded.
- Any disputes arising between the Printing House and Customers shall be settled by a court having jurisdiction over the registered office of the Printing House.
- As soon as the goods are released by the Printing House to the carrier, the benefits and burdens associated with the goods and the risk of accidental loss or damage to the goods are transferred to the Customer. In such circumstances, the Printing House shall not be liable for loss of the Product or damage to the Product occurring from the time when the Product is handed over to the carrier until the delivery of the Product to the Customer. The Printing House shall neither be liable for delay in the transportation of the shipment.
- If the goods are sent via a carrier, the Customer is obliged to examine the shipment upon receipt and draw up a damage report with the carrier – including notes of damage or incompleteness of the goods. If the Customer fails to examine the shipment and draw up such a report, the Printing House may refuse to consider their claims submitted as part of a complaint.
X. Additional provisions applicable only to Consumers
- A Consumer who has concluded an agreement remotely may withdraw from the agreement within 14 calendar days without stating a reason and without incurring costs, except for the cost of delivering the goods to the Printing House.
- Withdrawal is not possible in cases where printed products were made according to the Consumer’s individual request (custom-made products).
- To meet the deadline for submitting a declaration of cancellation, it is enough to send the declaration before the deadline in question. The declaration of cancellation may be submitted in writing (sent to the address: Drukomat.pl sp. z o.o., Wypoczynkowa 13, 64-920 Piła) or in the form of an e-mail (sent to: email@example.com).
- A sample withdrawal form is included as an appendix to these Terms and Conditions and is additionally available in Appendix no. 2 to the Polish Act of 30 May 2014 on Consumer Rights. The Consumer may use the said sample withdrawal form, but it is not mandatory.
- The period for withdrawal from agreement begins from the date of delivery of the product to the place indicated by the Customer.
- In the event when the Customer withdraws from an agreement concluded remotely, the agreement shall be considered not concluded.
- The Printing House is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer’s declaration of cancellation, refund all payments made by the Consumer to the Consumer, including the cost of delivery of the product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Shop).
- The Printing House 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 require them to incur any costs. If the Printing House has not offered to collect the Product from the Consumer, it may withhold the refund of payments received from the Consumer until it receives the Product back or until the Consumer provides proof of its return, whichever occurs first.
- The Consumer is obliged to return the goods to the Printing House immediately, no later than within 14 calendar days from the date of their withdrawal from the agreement, or to hand them over to a person authorised by the Printing House. To meet the deadline, it is sufficient to send back the goods before the set deadline to the address: Drukomat.pl sp. z o.o., Wypoczynkowa 13, 64-920 Piła.
- The Consumer shall be liable for any diminution in the value of the Product as a result of using it beyond what is necessary to determine the nature of the Product, the characteristics of the Product, and the way in which the Product functions/is used.
- The Consumer shall bear the direct costs of returning the Product.
NOTICE ON CANCELLATION
A Consumer who has concluded an agreement for the manufacture or sale of goods by Drukomat.pl sp. z o.o., based in Piła, may withdraw from the agreement within 14 days of delivery of the goods without having to give a reason (for convenience).
To withdraw from the agreement, it is enough to inform the seller – i.e. Drukomat.pl sp. z o.o. – by sending an e-mail to firstname.lastname@example.org, or by sending a letter to: Drukomat.pl sp. z o.o., Wypoczynkowa 13, 64-920 Piła.
To withdraw from the agreement, the Customer may use the sample document provided below.
SAMPLE DECLARATION OF CANCELLATION
(this form must be completed and sent to the seller only if you wish to withdraw from the agreement)
To: Drukomat.pl sp. z o.o., Wypoczynkowa 13, 64-920 Piła, e-mail: email@example.com
I hereby declare that I withdraw from the agreement of sale of printed products, concluded through the portal https://neighboursart.com
Type of goods:
Quantity of goods (no. of items):
Date of receipt of goods:
Consumer’s name and surname: