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Terms and Conditions

§ 1

Preliminary provisions

The online store IMAGO PRINTER, available at sklep.imagoprinter.com, is operated by IMAGO PRINTER SP. Z O.O., headquartered in Warsaw, ul. Ratuszowa 11 b.5 p.122, 03-450, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the Minister responsible for economic affairs, NIP 1133001513.

§ 2

Definitions

  1. Consumer – a natural person who enters into an agreement with the Seller through the Store, where the subject of the agreement is not directly related to their business or professional activity.
  2. Seller – IMAGO PRINTER SP. Z O.O., headquartered in Warsaw, ul. Ratuszowa 11 b.5 p.122, 03-450, registered in the National Court Register (KRS) under number 0000815395; share capital: 300,000.00 PLN; NIP 1133001513; email address: [email protected].
  3. Customer – any entity making purchases via the Store
  4. Entrepreneur – a natural person, legal entity, or organisational unit without legal personality, which is granted legal capacity by separate regulations, conducting business activity in their own name and using the Store.
  5. Store– the online store operated by the Seller at sklep.imagoprinter.com.
  6. Distance Contract – a contract concluded with the Customer within an organised system for concluding contracts at a distance (via the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication until the contract is concluded.
  7. Terms and Conditions – these Terms and Conditions of the Store.
  8. Order – a declaration of intent made by the Customer via the Order Form, aimed directly at concluding a Sales Agreement for one or more Products with the Seller.
  9. Account – a customer account in the Store, where the data provided by the Customer is stored, along with information on Orders placed in the Store.
  10. Registration Form – a form available in the Store that enables the creation of an Account.
  11. Order Form – an interactive form available in the Store that allows the Customer to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Basket – a component of the Store’s software, where the selected Products for purchase are displayed, and where the details of the Order, including the quantity of Products, can be determined and modified.
  13. Product – a tangible item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
  14. Sales Agreement – a contract for the sale of a Product concluded or entered into between the Customer and the Seller via the online Store. Depending on the characteristics of the Product, the Sales Agreement may also refer to a contract for the provision of services or a contract for specific work.

§ 3

Store Contact

  1. Seller’s Address: Warszawa, ul. Ratuszowa 11 b.5 p.122, 03-450
  2. Seller’s Email Address: [email protected]
  3. Seller’s Bank Account Number: 83 2530 0008 2090 1058 9327 0001
  4. The Customer may communicate with the Seller using the addresses and phone numbers provided in this section.

§ 4

Technical requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:

  • a device with internet access and a web browser such as Google Chrome, Mozilla Firefox, Microsoft Edge, or Internet Explorer.
  • an active email account,
  • enabled cookie support.

§ 5

General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
  2. Browsing the Store’s assortment does not require creating an Account. The Customer may place orders for Products available in the Store’s assortment either by creating an Account in accordance with § 6 of the Terms and Conditions or by providing the necessary personal and address details to process the Order without creating an Account.
  3. Prices in the Store are listed in EURO (EUR) and are gross prices (including TAX).
  4. The final (total) amount payable by the Customer consists of the Product price and the delivery cost (including transport, shipping, and postal service fees), which the Customer is informed about on the Store’s website during the ordering process, including at the moment of expressing the intention to conclude the Sales Agreement.
  5. For agreements involving a subscription or the provision of services for an indefinite period, the final (total) price is the total amount covering all payments for the billing period.
  6. If the nature of the subject of the Agreement reasonably prevents the prior calculation of the final (total) price, information on how the price will be calculated, as well as any transport, delivery, postal service, and other costs, will be provided in the Store in the Product description.

§ 6

Creating an Account in the Store

  1. To create an Account in the Store, you need to fill out the Registration Form. The following information is required:
    • first and last name,
    • address to which the order should be delivered,
    • email address,
    • phone number.
  2. Creating an Account in the Store is free of charge.
  3. Logging into the Account is done by entering the username and password set in the Registration Form.
  4. The Customer has the option to delete the Account at any time, without providing a reason and without incurring any charges, by sending a relevant request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7

Rules for placing an Order

To place an Order, you need to:

  1. log in to the Store (optional);
  2. select the Product you wish to order, then click the “Add to Cart” button.
  3. log in or choose the option to place the Order without registering;
  4. if the option to place an Order without registering is chosen – fill out the Order Form by entering the recipient’s details and the address to which the Product should be delivered, select the shipping method, enter billing information if it differs from the recipient’s details,
  5. click the “Order and Pay” button / click the “Order and Pay” button and confirm the order by clicking the link sent in the email,
  6. choose one of the available payment methods and, depending on the chosen method, pay for the order within the specified time, subject to § 8 section 3.

§ 8

Delivery and payment methods offered

  1. The Customer can choose from the following delivery or collection methods for the ordered Product: courier delivery.
  2. The Customer can choose from the following payment methods: direct payment to the Store’s bank account..
  3. Detailed information about delivery methods and accepted payment methods can be found on the Store’s website.

§ 9

Performance of the sales contract

  1. The Sales Agreement between the Customer and the Seller is concluded after the Customer submits an Order via the Order Form in the online Store, in accordance with § 7 of the Terms and Conditions.
  2. After submitting the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance for processing is made by the Seller sending an appropriate email to the Customer’s email address provided during the Order submission, which includes at least a statement from the Seller confirming the receipt of the Order, its acceptance for processing, and the confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives the aforementioned email.
  3. n the case of the Customer choosing:
    • bank transfer, electronic payments, or credit card payments, the Customer is obliged to make the payment within 7 calendar days from the conclusion of the Sales Agreement – otherwise, the order will be canceled.
    • cash payment upon personal collection of the shipment, the Customer is obliged to make the payment at the time of collection within 7 days from the date of receiving the information about the shipment’s readiness for collection.
  4. If the Customer has chosen a delivery method other than personal collection, the Product will be shipped by the Seller within the time specified in its description (subject to paragraph 5 of this section), using the method selected by the Customer during the order process.
  5. a) In the case of ordering Products with different delivery dates, the delivery date will be the longest specified date.
    b) In the case of ordering Products with different delivery dates, the Customer has the option to request delivery of the Products in parts or to have all Products delivered after the entire order has been completed.
  6. The commencement of the delivery period for the Product to the Customer is calculated as follows:
    • In the case of choosing payment by bank transfer, electronic payment, or credit card – from the day the Seller’s bank account is credited.
    • In the case of choosing cash on delivery – from the day the Sales Agreement is concluded,
  7. If the Customer chooses personal pickup of the Product, the Product will be ready for pickup within the time indicated in the Product description. The Customer will be additionally informed of the Product’s readiness for pickup by the Seller through a message sent to the email address provided during the Order placement.
  8. In the case of ordering Products with different pickup readiness dates, the longest indicated date will apply as the pickup readiness date.
  9. Delivery of the Product is only available within Poland.
  10. Delivery of the Product to the Customer is subject to a fee unless the Sales Agreement provides otherwise. The delivery costs (including transport, delivery, and postal service fees) are indicated to the Customer on the online store’s “Delivery Costs” page and during the Order placement process, including when the Customer expresses their intention to enter into the Sales Agreement.
  11. Personal pickup of the Product by the Customer is free of charge.

§ 10

Right of withdrawal

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or to another person indicated by them, other than the carrier.
  3. In the case of an Agreement involving multiple Products delivered separately, in batches, or in parts, the period specified in paragraph 1 starts from the delivery of the last item, batch, or part.
  4. In the case of an Agreement for the regular delivery of Products over a specified period (subscription), the period specified in paragraph 1 starts from the receipt of the first item.
  5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send the declaration before the deadline expires.
  6. The declaration may be sent by regular mail, fax, or electronically by sending the declaration to the Seller’s email address or by submitting the declaration on the Seller’s website – the Seller’s contact details are provided in § 3. The declaration may also be submitted using the form provided in Annex 1 to these Terms and Conditions and as an annex to the Act of May 30, 2014, on consumer rights, but this is not obligatory.
  7. If the declaration is sent by the Consumer electronically, the Seller will immediately send confirmation of receipt of the withdrawal declaration to the Consumer’s email address provided by the Consumer.
  8. Consequences of withdrawal from the Agreement:
    • In the case of withdrawal from a distance contract, the Agreement is considered not concluded.
    • If the Consumer withdraws from the Agreement, the Seller will immediately, but no later than 14 days from the day of receiving the Consumer’s withdrawal declaration, return all payments made by the Consumer, including the cost of delivery, except for additional costs resulting from the method of delivery chosen by the Consumer, other than the cheapest standard delivery method offered by the Seller.
    • The Seller will refund the payment using the same payment methods used by the Consumer in the original transaction unless the Consumer has explicitly agreed to another solution that will not incur any costs for them.
    • The Seller may withhold the payment refund until the Product is returned or until the Consumer provides proof of return, whichever occurs first.
    • The Consumer should return the Product to the address of the Seller specified in these Terms and Conditions without delay, and no later than 14 days from the day the Consumer informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the 14-day period expires.
    • The Consumer bears the direct cost of returning the Product, including the cost of returning the Product if, due to its nature, it could not be returned by regular mail.
    • The Consumer is only responsible for the diminished value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics, and functioning of the Product.
  9. If, due to the nature of the Product, it cannot be returned by regular mail, the information regarding this and the return costs will be provided in the Product description in the Store.
  10. The right to withdraw from a distance contract does not apply to the Consumer in relation to:
    • a contract where the subject of the performance is a non-prefabricated item made according to the Consumer’s specification or intended to satisfy their individualized needs,
    • a contract where the subject of the performance is a product delivered in a sealed package, which cannot be returned due to health or hygiene reasons if the packaging was opened after delivery,
    • a contract where the subject of the performance is a perishable product or one with a short shelf life,
    • for the performance of services if the Seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed before the service was provided that once the service is provided, they will lose the right to withdraw from the Agreement,
    • a contract where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the withdrawal deadline expires,
    • a contract where the subject of the performance is items that, after delivery, due to their nature, are inseparably connected with other things,
    • a contract where the subject of the performance is alcoholic beverages, the price of which was agreed upon when the sales contract was concluded, and which can only be delivered after 30 days, and whose value depends on fluctuations in the market, over which the Seller has no control,
    • a contract where the subject of the performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
    • for the delivery of newspapers, periodicals, or magazines, except for subscription contracts,
    • for the supply of digital content not stored on a tangible medium, if the performance started with the Consumer’s express consent before the withdrawal period expires, and after the Consumer was informed by the Seller about the loss of the right to withdraw from the Agreement.

§ 11

Complaint and warranty

  1. The Sales Agreement covers new Products.
  2. The Seller is obliged to deliver a product free from defects.
  3. If a defect occurs in the product purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions in the Civil Code.
  4. The complaint should be submitted in writing or electronically to the addresses provided by the Seller in this Regulation.
  5. It is recommended that the complaint include, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer’s details, and the Customer’s request related to the defective product.
  6. The Seller will respond to the complaint request promptly, no later than 14 days, and if they do not respond within this period, the Customer’s request will be deemed accepted.
  7. Products returned under the complaint procedure should be sent to the address provided in § 3 of this Regulation.
  8. If the Product is covered by a warranty, information about the warranty, including its terms, will be included in the product description on the Store website.

§ 12

Out-of-court complaint and redress procedures

  1. Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules for accessing these procedures, is available at the offices and websites of district (municipal) consumer ombudsmen, consumer protection organizations, Voivodship Inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The Consumer has the following example options for using out-of-court methods of handling complaints and pursuing claims:
    1. The Consumer is entitled to approach the permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2014, item 148, as amended), with a request for the resolution of a dispute arising from the Agreement concluded with the Seller.
    2. The Consumer is entitled to approach the regional trade inspection inspector, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller.
    3. The Consumer can obtain free assistance in resolving a dispute between them and the Seller, also by using the free assistance of the district (municipal) consumer ombudsman or a consumer protection organization (e.g., the Federation of Consumers, the Association of Polish Consumers).

§ 13

Personal data in the Online Store

  1. The administrator of personal data collected from Customers via the Online Store is the Seller.
  2. Personal data of Customers collected by the administrator via the Online Store is collected for the purpose of performing the Sales Agreement, and if the Customer consents – also for marketing purposes.
  3. The recipients of the personal data of Customers of the Online Store may be:
    1. If the Customer uses postal or courier delivery method in the Online Store, the Administrator provides the collected personal data to the selected carrier or intermediary responsible for delivering shipments on behalf of the Administrator.
    2. If the Customer uses electronic payment methods or credit/debit cards in the Online Store, the Administrator provides the collected personal data to the selected entity handling these payments in the Online Store.
  4. The Customer has the right to access their data and correct it.
  5. Providing personal data is voluntary, but failure to provide the personal data necessary for concluding the Sales Agreement, as indicated in the Terms and Conditions, will result in the inability to conclude the agreement.

§ 14

Final provisions

  1. Agreements concluded via the Online Store are concluded in Polish.
  2. The Seller reserves the right to amend the Terms and Conditions for important reasons, such as changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about any changes at least 7 days in advance.
  3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; the Personal Data Protection Act.
  4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. To do this, they can file a complaint via the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.