Terms and conditions - EMPIKFOTO.COM

Terms and Conditions of empikfoto.com

These terms and conditions become effective on 03/06/2019.

The empikfoto.comWebsite is operated by Empik Foto Sp. z o.o., with its registered office in Warsaw (00-017), ul. Marszałkowska 104/122, entered in the Register of Businesses of the National Court Register, maintained by the District Court for the Capital City of of Warsaw in Warsaw, 12thCommercial Division of the National Court Register, under KRS number: 0000736870 Tax Identification Number (NIP): 5252754103 Statistical Identification Number (REGON): 380546457, share capital amounting to PLN 11,288,300, email: [[email protected]],  (“the Company”).

Definitions:

Mobile Application– the “Empik Foto” application that enables to use the Customer account and make purchases at the empikfoto.comWebsite, available free of charge from App Store and Google Play for mobile devices operating under iOS and Android, respectively;

Website– the empikfoto.comInternet website available on: https://www.empikfoto.com;

Empik Store– a retail point of sale operated under the Empik brand by Empik S.A. or persons working with Empik S.A. under cooperation contracts;

Customer– a natural person that has full or limited legal capacity, a legal person, or an organisational unit that does not have the incorporated status but has legal capacity, and uses the Website or the Mobile Application;

Products– products and services available on the Website, including also products prepared at Customer’s special request, in particular photo prints, gadgets featuring photos, photo books, calendars, etc.;

Photos – photos from the photo bank, available for purchase for an additional fee;

Payment Operators– operators not comprising part of the Company, acting as intermediaries in respect of payments made using wire transfers, credit card payments or payments made using PayPal accounts;

Laboratory– the empikfoto.com Central Laboratory, ul. Olimpijska 16, 96-500 Sochaczew;

Customer Support Centre– a Customer service centre available via the contact form at: https://www.empikfoto.com/contact

Section 1

General Provisions

  1. These terms and conditions set forth rules applicable to the use of the Website and of the Mobile Application, placement of orders for Products, payment of the selling price by Customers, delivery and collection of Products ordered by Customers, Customers’ rights to cancel orders and revoke contracts, and rules applicable to submitting and resolving complaints.
  2. The following are necessary to use the Website, including to browse the Website and place orders for Products:
  3. a) a computer connected to the Internet, and an Internet browser, such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera;
  4. b) an active email account.
  5. The Customer has the right and obligation to use the Website in line with its intended use.
  6. The Customer is obliged to refrain from any activity that might affect the normal operation of the Website (including of the Mobile Application), including in particular any interference with the content of the Website or its technical components, including from delivering any unlawful content. It is not permitted to use the Website (including the Mobile Application) for purposes other than its intended use, including in particular distribute spam, carry out any commercial, advertising, promotional, etc. activities on the Website, publish on the Website any pornographic photos, photos popularising fascism, Nazism, communism, any photos offending religious sensitivities, etc.
  7. To the fullest extent permitted by law, the Company is not liable for any disruptions, including any interruptions, of the operation of the Website resulting from force majeure, unauthorised activities of third parties for which the Company is not responsible or incompatibility of the Website with Customer’s technical infrastructure.
  8. No registration is required in order to browse through the Website. It is, however, necessary to register in accordance with provisions of Section 2 of these terms and conditions in order for the Customers to order Products available on the Website.
  9. Bank card and electronic transfer transactions are settled through Payment Operators in accordance with the payment methods available on the Website. Bank card and electronic transfer transactions are settled via PayPal or Dotpay Settlement Centre. The Dotpay Settlement Centre services are provided by Dotpay S.A., with its registered office in Kraków, ul. Wielicka 72, 30-552 Kraków, Tax Identification Number (NIP) 6342661860, Statistical Identification Number (REGON) 240770255, entered in the Register of Businesses of the National Court Register, under KRS number: 0000296790, maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, share capital amounting to PLN 4,000,000.00, paid-up capital: PLN 4,000,000.00, in accordance with Terms and Conditions of Dotpay S.A. Services, available at: http://www.dotpay.pl/o_serwisie/regulaminy/.

Terms and Conditions of PayPal are available at: https://www.paypal.com/

Section 2

Registration

  1. In order to register on the Website (i.e. create a Customer account), it is necessary to fill out an online registration form or a registration form via the Mobile Application, providing an email address, password and, optionally, phone number, and accept terms and conditions of the Website in order to start the provision of, develop the content of, change, terminate the Contract and properly provide services electronically, and in order to process Customer’s orders. After registering on the Website, the registration confirmation will be sent to Customer’s email address provided during the registration process.
  2. The registration on the Website and the use of Website functionalities are free of charge.
  3. In order to delete a Customer account on the Website, it is necessary to send an email message, requesting that the account be removed, via the Customer Support Centre and using the email address currently registered on the Website.

Section 2a

Mobile Application

  1. The Mobile Application is available free of charge and can be downloaded for a mobile device from Google Play (in the case of devices operating under the Android systems) and from App Store (in the case of devices operating under the iOS system).
  2. A mobile device (smartphone, tablet) with the Internet access and the iOS or Android operating system installed are required for the proper operation of the Mobile Application.
  3. With the use of the Mobile Application, the Customer may, in particular, browse the Website, access their account on the Website, place orders using the basket functionality and pay for such orders, read information shared via the Mobile Application and use other functionalities available in the Mobile Application. Empik Foto would like to inform its Customers that, due to technical limitations, the Mobile Application does not enable to use all Website functionalities that are otherwise available on the Website.
  4. Only registered Customers can place orders using the Mobile Application. The registration can be done via the Mobile Application or on the Website, in accordance with provisions of Section 2 of these terms and conditions.
  5. Updates may be occasionally available for the Mobile Application. It is necessary to install such updates in order to ensure the proper operation of the Website for Customers using the Mobile Application.
  6. The Customer may, at any time, delete (uninstall) the Mobile Application from their mobile device. However, deleting the Mobile Application does not mean that the Customer has deleted their account on the Website. The account may be deleted in accordance with provisions of Section 2 of these terms and conditions.

Section 3

Rules of Use of the Website

  1. Logging in on the Website is done using the email address provided in the registration form and the password referred to in Section 2 above. The data provided during the Customer account registration and the password may be changed after logging in to the Customer account (tab”My account”, ”My data”).
  2. The Customer that has registered an account can use all the available functionalities of the Website, in particular place orders for Products and publish photos on the Website (tab ”Your gallery”) that do not breach generally applicable legal provisions, third party rights, including intangible property rights, third-party personal interests or the principles of social coexistence. Only JPG files may be published on the Website.
  3. At the time of publication of the relevant photo on the Website, the Customer:
  4. a) represents that they are authorised to publish the relevant photo on the Website;
    b) represents that the relevant photo does not breach generally applicable legal provisions, third party rights, including intangible property rights (in particular personal or economic copyrights), third-party personal interests (including in particular a person’s image) or the principles of social coexistence;
    c) by publishing the relevant photo on the Website, grants a perpetual and worldwide license to the Company in respect of use of the above-mentioned photo in respect of activities of the Website, including in particular storing the same in resources of Company’s IT system. For granting the above-mentioned license to the Company, the Customer is not entitled to any remuneration;
    d) in the case of any third-party claims regarding a photo published by the Customer on the Website, the Customer undertakes to compensate the loss incurred by the Company thereunder to the maximum extent permitted by law, and also to join the Company in relevant court or extrajudicial proceedings, at the Company’s first request.

  5. Photos published on the Website are sorted into albums, i.e. virtual catalogues containing one or more photos. The Customer may name the albums and edit their content.
  6. The Company has the right to block the Customer account if its activity on the Website breaches generally applicable legal provisions, third party rights (including in particular intangible property rights), third-party personal interests, the principles of social coexistence or provisions of these terms and conditions. The Customer will be notified of the intention to block the Customer account to the email address currently registered on the Website. If the account is blocked, this means that the contract with the Customer to provide services electronically has been terminated with immediate effect.
  7. The Company has the right to delete any photos from the Website that are unlawful, breach third-party rights, personal interests, the principles of social coexistence or provisions of these terms and conditions. The Customer will be notified of the intention to delete the photos published by the Customer, to the email address currently registered on the Website.
  8. The Company will use efforts to ensure photos are available on the Website for at least six months after the date when they have been published and, furthermore, that each order placed on the Website extends the availability of the photos on the Website for another period of six months. However, the Customer acknowledges that the Website is not a tool intended to capture or store photos, and publishing photos on the Website is only intended to enable ordering photo prints or other Products, and not storage of the same. The Company does not guarantee that the photos published by the Customer within the above-mentioned period will be permanently available on the Website and, to the maximum extent permitted by law, the Company is not liable for their loss by the Customer for which it is not responsible. Due to the above-mentioned reasons, the Company recommends that Customers make backup copies of their photos, and store them on storage media separate from the Website.
  9. The photos that have not been published by the Customer in an album on the Website are deleted from the Website after the Company has process the relevant order (they cease to be accessible to the Customer on the Website).
  10. In accordance with generally applicable legal provisions, the Company has no obligation to check the photos published by Customers on the Website. If any of the photos published on the Website breaches generally applicable legal provisions, third-party rights, principles of social coexistence or these terms and conditions, the Company must be notified of the same via the Customer Support Centre, specifying the Internet address on the Website at which the album that contains the relevant photo is located, and describing the breach. If the relevant photo breaches generally applicable legal provisions, third-party rights, principles of social coexistence or these terms and conditions, the Company will immediately block access to the photo to third parties.
  11. Reports regarding any irregularities in the operation of the Website may be submitted to the Company via the Customer Support Centre. Complaints related to Products may be submitted in accordance with provisions of Section 9 of these terms and conditions.
  12. The submissions referred to in Section 3.10 will be resolved within 14 days after the date of the relevant submission.
  13. The Customer is obliged to maintain confidentiality of the following:
  14. a) login (email address) and password to their account on the Website. To the extent resulting from generally applicable legal provisions, it is the Customer who is liable for any activities related to the use of the login and password to the relevant account on the Website; the password is confidential information available for the sole information of the Customer;


Section 4

Product Information

  1. The information regarding Products available on the Website is an invitation to enter into a contract, within the meaning of Article 71 of the Polish Civil Code (consolidated text dated May 10, 2018, Journal of Laws of 2018, item 1025).
  2. Prices of Products specified on the Website:
  3. a) include VAT and are expressed in EUR;
  4. b) do not include shipping costs. Shipping costs depend on the shipping method of the Product to the Customer, and are presented after the Customer selects the shipping method of the Product. The total order amount (i.e. the price of the Products including shipping costs) is specified in the basket before the Customer places the order.
  5. The Company reserves the right to make changes on a current basis in prices of Products, and to carry out and cancel any promotions or sales. The right referred to in the preceding sentence does not affect any orders submitted before the effective date of changes to the price or to conditions of promotions or sales.


Section 5

Conditions of Order Processing

  1. The Customer may submit orders for Products 7 (seven) days a week, 24 (twenty-four) hours a day.
  2. In order to place an order:
  3. a) login on the Website to the Customer account;
    b) select the Product to be included in the order and then click the ”Order”(or another equivalent) button;
    c) select a photo from the album on the Website or add a photo from Customer’s end device (e.g. a computer) or enter an Internet address of the photo (URL) that is to be included in the order;
    d) select order options from the ones available;
    e) select the shipping method and payment method for the order;
  4. f) enter order recipient’s data and the address to which the Product is to be shipped (in the case of shipment by courier service) and also the phone number at which the Company may contact the Customer in matters related to the order;
  5. g) enter the invoice recipient’s data if the Customer would like to receive an invoice;
    h) confirm the order using the button: ”Order and pay” (in the case of the payment in advance, pay for the order using one of the available methods).
  6. The order may be delivered to the Customer, depending on their choice:
  7. a) to the address specified by the Customer in the order (by courier service);

  8. 4. If the Customer places an order with the Company, this means that they have submitted an offer to the Company to enter into a sale (purchase) contract in respect of the Product ordered.
  9. After the order has been placed, the confirmation that the Company has received the order placed by the Customer will be sent to Customer’s email address specified on the Customer account. If an order can be processed, the confirmation that the order has been accepted for processing will be sent to Customer’s email address. The confirmation of order acceptance is Company’s declaration that it has accepted the offer referred to in Section 5.4 above.

The Company reserves the right to limit shipping and payment methods in respect of relevant Products, Product categories, or quantities of Products ordered.

  1. The Company reserves the right to limit shipping and payment methods in respect of the Customer who:
  2. a) at least twice has failed to collect the order sent by courier service.
  3. If it is not possible to process Customer’s order within the period of time provided for order processing, the Company will notify the Customer of the situation by sending a message to the specified Customer’s email address or will provide the information by phone to the number specified by the Customer, within the period of time resulting from generally applicable legal provisions.
  4. The Company may contact the Customer at the specified phone number or email address also:
    a) in other matters requiring contact with the Customer, including in particular if photo quality or format prevents the correct order processing.
  5. If the Customer provides an incorrect or inaccurate delivery address, the Company will not be liable for failure to or delay in delivery of the order, to the maximum extent permitted by law.


Section 6

Order Cancellation by the Customer

  1. The Customer may cancel the order only if the Customer has selected payment in advance and has not yet made the payment (in this case, the order may be cancelled before the Customer makes the payment).
  2. The order is processed immediately after its acceptance is confirmed (if the Customer has selected payment upon collection) or immediately after the Company receives the information that the Customer has made the payment (if the Customer has selected payment in advance). Due to the nature of Products (each Product has properties specified by the Customer in the order), it is not possible to cancel the order after its processing has started.
  3. In the cases referred to in Section 6.1, the order may be cancelled on the Website (in the tab ”My account) by contacting the Customer Support Centre.
  4. In the situation referred to in Section 6.1, the Customer will receive the confirmation of order cancellation to the email address specified by the Customer upon placing the order.


Section 7

Payment Methods and Start of Order Processing

  1. The Product may only be shipped in the territory of the European Union and may be paid for:
  2. a) before its collection or delivery by courier service (payment in advance), by a wire transfer or bank card using one of the electronic payment systems acceptable at the time by the Company.
  3. The Customer may not pay for part of the order in advance and part of the order upon collection. The payment method may depend on the type of the Product and/or the place of order collection.

  4. In order to use a discount code or group coupon, the relevant discount code or group coupon must be entered into a relevant field upon placing the order.


Section 8

Order Processing Time

  1. The relevant page of the Website displaying a relevant Product contains the information regarding the number of business days (i.e. weekdays, Monday to Friday, excluding bank holidays) required for shipping an order. The above-mentioned information presents the approximate period of time between acceptance of the order for processing and the shipment of the order to the Customer by a courier service company. If there is no information on the date of shipping, the order will be processed within 14 business days.
  2. In the territory of the EU, orders may be shipped by a courier service company, to the address specified by the Customer.
  3. To the maximum extent permitted by law, the Company is not liable for an extended delivery time or failure to deliver due to the fact that the Customer has provided an incorrect or inaccurate address for delivery.


Section 9

Conditions of Complaints

  1. The Company is liable to the Customer if the Product sold is not in conformity with the contract. The Company is liable for conformity of the goods with the contract if a lack of conformity becomes apparent before the lapse of 2 (two) years after the date of releasing the Product to the Customer.

Within 14 (fourteen) calendar days, the Company will examine Customer’s complaint and notify them how it will proceed.
In order to have the complaint resolved by the Company, the Customer should provide the Company with the Product involved in the complaint together with the proof of purchase of the relevant Product and a description of the complaint (the complaint form is available on: empikfoto.com ).

  1. A complaint may be submitted:
  2. a) at an Empik Store at which the Customer has collected the Product;
    b) by post (standard package) to the address of the Laboratory.
  3. If the complaint is resolved to the benefit of the Customer, the Company will immediately replace the Product which is not in conformity with the contract with one that is in conformity with the contract or it will repair the Product. This does not affect the possibility for the Customer to submit a declaration either to have the price reduced or to rescind the contract, in accordance with applicable legal provisions. If the Product cannot be replaced, the lack of conformity of the Product with the contract cannot be repaired or the price cannot be reduced, the Company will immediately reimburse the amount due, in accordance with applicable legal provisions.
  4. The Customer who buys the Products for purposes directly related to their professional or business activities (a Customer who is not a consumer) has the right to submit a complaint in accordance with legal provisions applicable in this respect; in this case, Company’s liability under statutory warranty for physical effects of Products is limited to the amount that the Customer has paid to the Company for purchasing the relevant Product.
  5. If Customer’s complaint is found to be justified, the Company will immediately replace the Product which is not in conformity with the contract with one that is in conformity with the contract; due to the nature of the Products, the condition for Product replacement with one that is in conformity with the contract is the availability of the photo being part of the Product in the album on Customer account or the delivery of the photo to the Company as described in Section 5.2 c) of these terms and conditions. If the above-mentioned photo is not available in the album and it cannot be provided as described in the preceding sentence, the Company will reimburse the value of the Product to the Customer, in accordance with provisions of Section 12 of these terms and conditions.

 

  1. An electronic ODR (online dispute resolution platform is available at: ec.europa.eu/consumers/odrand our email address is […].Depending on the law of their jurisdiction, the Customer, who is a consumermay receive assistance from a municipal or district consumer advocate, provincial inspectorates of the Trade Inspection or one of the social organisations whose statutory tasks include consumer protection. Detailed information on extrajudicial methods to resolve complaints and pursue claims is available at registered offices or on Internet websites of consumer advocates, provincial inspectorates of the Trade Inspection or relevant social organisations, and at the addresses available on the website of the Office of Competition and Consumer Protection: uokik.gov.pl/wazne_adresy.phpor its local equivalent in jurisdiction in which a Customer is located.

Section 10

Warranty Conditions

  1. Products sold by the Company may be subject to a warranty granted by a manufacturer or a distributor. The Company does not provide any warranty for any Products.
  2. In the case of a Product in respect of which a manufacturer or a distributor has granted a warranty, the Customer may submit a complaint regarding the Product that contains defects:
    a) exercising the rights resulting from the warranty granted, in which case the Customer submits a complaint regarding the Product directly to the guarantor (the entity that has granted the warranty), whereas the Company may only serve as an intermediary transferring the complaint submitted. The Customer may, at their choice, may directly report either to the warranty service or to the Company;
    b) exercising the rights granted to them by the seller under the rules on conformity with the contract, in which case the complaint should be submitted in accordance with provisions of Section 9 of these terms and conditions.

Section 11

Contract Revocation

  1. Subject to provisions of Section 11.4 below the Customer who is a consumer may revoke the sale contract involving the Product purchased on the Website within 14 (fourteen) calendar days without having to specify any reasons and without having to bear any costs, except for the costs set out in Section 11.3 below. The period for contract revocation starts:
    a) on the date of receipt of the processed order (delivery of the Product);
    b) on the date when the consumer receives the final part of the processed order if the order has been processed in parts.
    Consumers have no right to revoke the following (in accordance with Article 38 of the Polish Consumer Rights Act dated 30 May 2014 – (consolidated text: Journal of Laws 2017, item 683):

1) a service contract if a trader has fully provided the service at the explicit consent of the consumer who has been informed before the service provision has started that, after the service is provided by the trader, the consumer will cease to have the right to revoke the contract;

2) a contract in which the subject matter is an object that is not prefabricated, and one that is manufactured according to consumer’s specification to be used to satisfy consumer’s individual needs (applicable in particular to photo prints, Products featuring photos at the Customer’s request, Products prepared in the size that is in accordance with Customer’s customized specifications, etc.);

3) a contract in which the subject matter is an object delivered in sealed packaging that, after opening, cannot be returned due to health protection or hygiene related issues provided that the packaging has been opened after its delivery.

  1. Contract revocation in accordance with Section 11.1 above requires submission of a declaration in writing, within the period of time set out in Section 11.1 above (the Customer may use the form available on: empikfoto.com). In this case, the Customer is obliged to return the Product to the Company in the condition that enables the necessary determination of the nature of the Product as well as its features and operation. The Company will reimburse the Customer the amount due paid by the Customer in accordance with provisions of Section 12 of these terms and conditions.

The direct cost of Product return as a result of the revocation is borne by the Customer. Furthermore, the Customer is liable for reduction of the Product value resulting from its use beyond the necessary extent enabling to determine the nature of the Product, its features or operation.

  1. The Customer who has revoked the contract is obliged to return the Products to the Company immediately, at the latest within 14 days after contract revocation. The Customer may return the entire order or any of its parts:
    b) for orders delivered by courier service – by sending it to the Laboratory.

The Company does not collect any shipments sent to it against payment on delivery, and is not liable for costs related to such shipments.

  1. In respect of orders involving, among others, objects that are not prefabricated, and ones that are manufactured according to consumer’s specification to be used to satisfy consumer’s individual needs, such as photo prints, Products featuring photos at the Customer’s request, Products prepared in the size that is in accordance with Customer’s customized specifications, etc., the Customer has no right to revoke the sale contract involving the ordered Product.

Section 12

Reimbursement

  1. The Company will immediately reimburse the amount due, however, not later than within 14 calendar days in the following cases:
  2. a) cancellation of the entire or part of the order (in this case, the relevant part of the price is reimbursed) paid in advance before it is processed (in the situation referred to in Section 5.11 of these terms and conditions);
    b) return of the Product (contract revocation) from the order that has been delivered by a courier service company;
    d) complaint resolution and no possibility to replace the Product, remove the defect of the Product or reduce the price;
    e) contract revocation by the Company in the situations set forth in these terms and conditions if the order has been paid by the Customer in advance.
    In the case of Product return (contract revocation), the Company may suspend the reimbursement of payments received from the Customer until the time when the Products are returned or when the Customer delivers the proof that they have been sent back, whichever occurs earlier.
  3. The Company will reimburse the funds to Customer’s bank account (including one that is connected to Customer’s bank card) if the order has been paid:
  4. a) in advance by a wire transfer or a bank card;
  5. To the maximum extent permitted by law, the Company is not liable for the lack of or delay in reimbursement of paid amounts if, despite the fact that the Customer has been requested by the Company, at the email address specified by the Customer, to provide Customer’s bank account number, the Customer fails to provide the Company with such a bank account number or if the response contains no data that would enable the Company to make the reimbursement. To the maximum extent permitted by law, the Company is not liable for the lack of or delay in reimbursement of the amounts paid if the same results from the Customer providing incorrect address data, name data or incorrect bank account number.
  6. If the Customer has paid for the order from a bank account or by a bank card that does not belong to them, the reimbursement will be made directly to the holder of the bank account or the bank card that has been used to make the payment to the Company, in accordance with provisions set out in this Section.

Section 13

Promotions

  1. Promotions (“Promotions”) may be available on the Website. The following Promotions are available:
    a) Product Promotions, reducing Product prices by an amount or percentage discount, specified on a case-by-case basis on the Product page;
    b) value Promotions, reducing the price of the order including Products subject to the Promotion by an amount or percentage discount specified on the case-by-case basis after adding Products to the basket and after complying with detail Promotion conditions specified on the Promotion page or in a newsletter;
    c) Promotion packages: in the case of purchases of a specified number of Product subject to the Promotion, the Customer receives an amount or percent discount for the cheapest Product. The Promotion includes all the Products available on the Promotion page;
    d) Promotion sets: in the case of purchase (only on the Product page) of a Promotion set consisting of at least two Products included in the Promotion box, the Customer receives a discount on all the Products included in the set, except for the most expensive one.
  2. The Promotion may depend on entering a discount code upon placing the order.
  3. The Promotion may not be combined with any other Promotions on the Website unless terms and conditions of the relevant Promotion provide for otherwise.
  4. After placing an order containing a Promotion package or Promotion set, the order cannot be divided. Promotion packages and Promotion sets may be delivered to the Customer after all the Products included in them have been prepared.
    If any of the Products included in a Promotion package or Promotion set ordered is missing, the Company will inform the Customer about this by sending a relevant message to the email address specified in the order.
  5. In the case of discrepancies with other provisions of these terms and conditions, provisions of this Section will prevail.

Section 14

Personal Data and Privacy

  1. The data controller of Customers’ personal data is the Company, i.e. Empik Foto Sp. z o.o., with its registered office in Warsaw (00-017), ul. Marszałkowska 104/122. The Company processes Customers’ personal data provided by them in the account registration process on the Website in order to provide services electronically, i.e. enable the use of the Website, including make purchases on the Website, and also for marketing purposes, including sending the newsletter (provided that the relevant consent has been granted). More information is available in the Privacy Policy. The Privacy Policy forms an integral part of these terms and conditions.

 

Section 15

Newsletter

  1. The Customer may consent to receiving commercial information, including commercial information provided electronically, by marking the relevant option on the registration form or, at a later date, in the tab ”My account”. If this consent is given, the Customer will receive a newsletter of the Website to the email address specified, together with other commercial information sent by the Company on its behalf and on behalf of third parties.
  2. The Customer may, at any time, unsubscribe from the newsletter by selecting the relevant field in the tab ”My account” or via the Customer Support Centre.
  3. The Customer may also consent to receiving commercial information by a text message, providing their phone number upon registration and granting the relevant consent.


Section 16

Final Provisions

  1. Information about the Products available on the Website does not comprise a binding offer within the meaning of the Polish Civil Code.
  2. For the avoidance of doubt, as indicated in section 4(1) above, our Website is only an invitation to enter into a contract. Availability of the information about the Products on the Website does not mean that these Products are available for the Customer and that the relevant order may be processed.The contract between a Customer and the Company is concluded at the time when the Company provides the Customer with the confirmation of the order as described in section 5(6) above.
  3. The Company makes every effort to ensure that the services provided on the Website are of top quality; however, the Company cannot exclude the possibility of temporary suspension of Website availability if this is necessary to carry out maintenance, inspection, replacement of hardware or if this is necessary due to an upgrade or development of the Website.
  4. To the maximum extent permitted by law, the Company is not liable for mail server administrators blocking the possibility of sending messages to the email address specified by the Customer or for deletion or blocking of emails by software installed on the computer used by the Customer.
  5. Individual computer settings may result in differences between Product visualisation on Customer’s computer and the actual appearance of the Product (colours, proportions, etc.). The Customer referred to in Section 11.1 of these terms and conditions has the right to revoke the contract in accordance with provisions of Section 11 of these terms and conditions.
  6. In matters not regulated in these terms and conditions, relevant legal provisions of Polish law apply, in particular the Polish Civil Code and provisions of the Polish Consumer Rights Act. Since these terms and conditions are governed by the Polish law, the Customer who is a consumer may be entitled to certain consumer protection rights and other mandatory provisions under the laws of local jurisdiction where the consumer has his/her habitual residence.
  7. By accepting these terms and conditions, the Customer consents to collecting and sharing the statistics of their presence and activities on the Website with the Company. The data are collected automatically and may be used to analyse Customers’ activities.
  8. For statistical purposes and in order to ensure top quality of services, the Website uses information recorded by the server on Customer’s end device that is then read during each connection of the Internet browser (cookies). The Customer may, at any time, change settings of their browser, so that it does not accept such files or so that it informs them of sending such files. However, please note that failure to accept cookies may render the use of the Website difficult. If the Customer uses a browser the settings of which permit to have the cookies stored on Customer’s device, this means they are granting the consent to store such files on the Customer’s device. More information in this respect is available in the Privacy Policy.
  9. Any disputes arising between the Customer (who is not a consumer) and the Company will be resolved by a court having territorial jurisdiction over the registered office of the Company.
  10. The Company reserves the right to change these terms and conditions for valid technical, legal and/or organisational reasons. Any amendments to these terms and conditions become effective within no less than 7 days after such amended terms and conditions are made available on the Website. Orders placed by Customers before amendments to these terms and conditions become effective will be processed according to previous provisions of the terms and conditions.