I Introduction
1.1. The Regulations specify: the rules for sending quotes, the conditions for ordering services, the conditions for submitting applications, the rules for submitting complaints, the return of goods and actions with orders within the company Mariusz Jastrzębski Gift Design with its registered office in Krakow at ul. Zabłocie, No. 39, apt. 207, 30-701 Kraków, hereinafter referred to as Gift Design, and the company or creature placing the order, hereinafter referred to as the Customer.
1.2. The owner of the Gift Design brand and the www.giftdesign.pl Online Store is the company Gift Design Mariusz Jastrzębski with its registered office in Krakow at ul. Zabłocie, No. 39, apt. 207, 30-701 Kraków, activity included on the basis of an entry in the Central Register and Information on Economic Activity. NIP: 6792699265, REGON: 120901842. Bank account number: mBank 83 1140 2004 0000 3802 7731 2941
1.3. Definitions: a) Online store - the Gift Design online store available at www.giftdesign.pl b) Regulations - applies to the regulations of the Online Store referred to in art. 8 of the Act of 18 July 2002 on the provision of services by access road (Journal of Laws 2002 No. 144, item 1204, as amended), c) Gift Design - seller - the company Gift Design Mariusz Jastrzębski with its registered office in Krakow at ul. Zabłocie, No. 39, apt. 207, 30-701 Kraków, inclusion of economic activity on the basis of an entry in the Central Register and Information on Economic Activity. NIP: 6792699265, REGON: 120901842 d) Customer - a natural person running a business, a legal person, an organizational unit without legal personality or a user running a business, who uses the services visible through Gift Design f) Customer Account - marked with a trademark (login) and has been used by the Customer, a set of resources in the Gift Design ICT system in which the Customer's data is collected, including information about placed Orders, g) Order Form - a form available in the Online Store that allows the Customer to place an Order and implement it without the need to install an Account, h) Order - customer's declaration of will, determination of the contract for the conclusion of the Product sales contract with Gift Design, i) Sales contract - a contract for the sale of a Product in connection with the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121, as amended), contains for running an Online Store in Polish, j) Product - a movable item available in the Online Store, which is part of the sales contract between the Customer and Gift Design, o) Newsletter - a service provided by Gift Design, consisting in enabling the interested Customer to automatically deliver to the e-mail address the main information regarding the relationship with the Online Store
1.4. Services provided by Gift Design consist of: a) enabling the conclusion of a sales contract via the order form, b) contact with Gift Design via the contact form, c) sending information on the telephone number, d) keeping the Newsletter.
1.5. All information about the products and services listed on the website www.giftdesign.pl, in each of their descriptions, photographic and illustrative materials, parameters and prices are only an invitation to conclude a contract, including art. 71 of the Civil Code.
1.6 Before placing an order, the Customer is asked to read the Regulations and accept them.
1.7. To use the Online Store www.giftdesign.pl, support is supported by the Internet, an Internet program that allows you to operate and browse the www on a computer or other electronic device, supporting an e-mail account.
II Principles of sending quotes and quotes
2.1. All quotes and cost estimates in the Gift Design store are sent only from company mailboxes in the Gift Design domain
2.2. Valuations are free. About Retaining the valuation is not tantamount to retaining the gift from the services of Gift Design. The valuation is valid for a period of 7 calendar days from the moment it is sent to the Customer's e-mail address. The valuation does not constitute an offer under Article 66 § 1 of the Civil Code. Gift Design reserves the right to change the prices of services at a price of 7 calendar days from sending the quote without application.
2.3. Gift Design reserves the right to change the implementation price depending on the order price given in the quote. The customer must be informed about the reason and price change before completing the order. In this case, the customer has the right to order.
III Order order
3.1. Each customer is given the opportunity to order public orders and other transactions in the Gift Design Catalogue. Try to specify a purchase cost not exceeding PLN 100 net, and the invoice correction does not take into account the buyer's shipping costs.
3.2. Samples are sent or handed over to the customer only after receiving payment. Gift Design does not send free samples.
3.3. The customer has the right to return ordered samples. Gift Design will refund 80% of the value of ordered samples. The refund will be made in the form of a bank transfer to the Customer's account number, after issuing a correction invoice.
3.4. The sample is deemed to have been accepted by the Customer if the Customer has not notified the rejection of the sample within 3 working days after receipt of the sample.
IV Terms of placing orders
4.1. Gift Design customers can only be legal persons, natural persons as long as they run a business or professional activity and organizational units without legal personality equipped with legal capacity and individual customers in accordance with point 4.2.
a) The Buyer declares that the concluded contract and/or the purchased goods are of a professional nature for the person conducting business activity.
4.2. A customer who is a consumer and does not run a business may place an order with a maximum value not exceeding PLN 3,000 gross.
4.3. The Gift Design employee will proceed with the order only when:
a) The customer sends an e-mail or personally submits a full order with all guidelines, order details (article number or manufacturer's symbol, color, size and quantity) and correctly prepared graphic files for marking, as well as data necessary to issue an invoice and delivery of the goods.
b) The customer will make a full prepayment for the order, and the payment will be credited to the company's bank account.
Starting the execution of the order without meeting the above points is not possible.
4.4. The completion date specified in the earlier valuation will be counted from the moment of meeting both requirements indicated in point 4.3.
a) The completion date is counted in full working days, which means that when the payment is credited and the visualization is approved, e.g. on Wednesday after 12:00, the completion date is counted from Thursday.
4.5. In the case of earlier execution of the order, the Customer will be informed about this fact by e-mail or by phone.
4.6. Gift Design does not bear any responsibility in the event of a delay in order fulfillment, if the delay is not longer than 7 business days.
Delivery dates and times provided by Gift Design are indicative and are not final. Gift Design is not liable for damage resulting from delay, including loss of profit or other damage resulting from delay in order fulfillment.
4.7. Placing a full order described in point 4.3. in the light of the provisions of Polish law, it is understood as the conclusion of a contract.
4.8. The customer is not entitled to resign from the placed order, subject to point 6.2
4.9. If the "Personal collection" option is selected, the Customer undertakes to collect the ordered goods within 30 calendar days. The days are counted from the date of delivery of the notification about the possibility of collecting the order. The confirmation is sent in the form of an e-mail to the address provided when placing the order. Orders not picked up within the specified time will be disposed of. After this time, the customer who wants to receive the order is obliged to submit it again.
4.10. In the event of a change in the design/marking technique/marking colors after the visualization has been approved and the production process has started, a fee related to the costs of pre-press in the amount of PLN 100.00 net + handling cost is charged individually depending on the marking technique.
The final decision on the possibility of making changes is determined by the order supervisor based on the status of the order included in the production plan.
4.11. The time of order fulfillment may be extended to 30 business days in extraordinary situations, such as: state of emergency, state of natural disaster, martial law, cataclysms, wars, epidemics, pandemics and other restricting the free movement of people and goods.
4.12. Placing an order is not tantamount to booking a given product from the order until the payment is made and the product visualization is accepted.
At the same time, the Online Store reserves the right to change the model / color of the product in the event of a lack of a given product. If it is not possible to change the product, a correction will be made only for the missing products from the order, and the amount will be returned to the indicated bank account.
4.13. In the event of failure to collect the courier shipment with the order, the Customer undertakes to cover the costs related to the return shipment of the order and the costs of re-sending the shipment.
4.14. Changing the delivery address of your order may result in a delay in the delivery of your order. At the same time, the Online Store reserves the right not to agree to change the delivery address, depending on the current status of the order.
V Complaints rules
5.1. The customer is obliged to carefully check all the goods immediately after receipt. Each customer has the right to submit a complaint in the event of an incorrectly completed order or visible damage to the products within 7 working days of receiving the goods.
5.2 The goods offered in Gift Design do not have the manufacturer's warranty cards and manuals, and the pursuit of rights under complaints takes place only on the basis of the proof of purchase (VAT invoice).
5.3. The response to the Customer's complaint will be sent no later than 10 working days from the date of receipt of the complaint.
5.4. The Customer Service Manager will decide on the positive consideration of the complaint.
5.5. The customer has the right to complain only about incorrectly made print or damage to the goods. Part of the goods that does not have defects cannot be returned.
5.6. In the event of a positive consideration of the complaint by the Customer Service Manager, the part of the order to which the complaint relates will be performed again in the first place. Only if it is not possible to re-execute part of the claimed order, the Customer will receive a refund in the amount determined by the Customer Service Manager for the claimed order in the form of a transfer to the bank account indicated by the Customer, depending on the type of damage to the claimed product.
5.7. The customer is not entitled to complain about an incorrectly made print on the product if the decoration is made on the customer's goods. This is due to the increased risk associated with unfamiliarity with the material on which the print will be made, which is associated with the possibility of various types of damage.
5.8 Gift Design is not responsible for mechanical damage such as abrasion, tearing, denting, etc. arising after the date of delivery of the goods.
5.9. The goods under complaint should be delivered by the customer to the address of Gift Design. If the advertised goods have been previously distributed to other recipients, the cost of collecting the advertised goods shall be borne by the Customer. Gift Design reserves that it does not accept shipments sent on delivery, i.e. at the expense of the Recipient. The costs incurred by the Customer related to the delivery of the advertised article may be refunded in the event of a positive consideration of the complaint.
5.10 The customer has the right to report non-compliance of the received goods with the order within 2 calendar days from the moment of receiving the order.
Complaints submitted after this date will not be considered.
5.11. The Online Store reserves the right to vary the color of the products depending on the batch of the product and the delivery of the product. In this case, the customer is not entitled to make a complaint about the product.
5.12. Gift Design has the right to deliver 5% more or less of the products ordered by the Customer and include it in the invoice.
5.13. A customer who is a natural person who does not run a business is a consumer within the meaning of the Act of 30 May 2014 on consumer rights and it applies to his rights and obligations.
VI Return of goods and cancellation of the order
6.1 An order may be subject to a complaint only if the inconsistency in color, size, weight and cut of clothing exceeds +/- 10%, and the inconsistency in location, accuracy of pattern reproduction, color and size of the print exceeds the range of +/- 15%. The above restriction is due to the complicated production process.
6.2. If the Customer places an order only for goods without marking, it is possible to cancel the order within 7 working days from the moment of its receipt, provided that the value of the order does not exceed PLN 100 net. Then the customer will receive a refund of 80% of the order value. The cost of 20% charged by Gift Design is related to the reintroduction of the goods into the warehouse circulation. If the customer does not collect the ordered goods without marking, he will also be charged with 20% of the order value.
6.3. If the order also involves marking, then the Customer has no right to cancel the order. The moment of placing the order, i.e. concluding the contract, is considered to be the sending of a message by e-mail or personal delivery of the full order in accordance with paragraph 4.3.
VII Payments
7.1. The prices given in the Online Store are expressed in Polish zlotys and are net prices. The prices do not include VAT, delivery costs, which are indicated when placing the Order, as well as the costs of marking the Products, which are determined individually.
7.2. The Customer is informed about the total amount of the Order each time before placing the Order.
VIII. Personal data protection
8.1. By completing the Order Form, the Customer is asked to consent to the processing of personal data by Gift Design, in accordance with the Act of May 10, 2018 on the protection of personal data (Journal of Laws 2019.1781, i.e. of 2019.09.19)
8.2. Personal data is processed by Gift Design only for the purpose of providing the services referred to in § 1 point 1.4 of these Regulations. 8.3. The customer has the option of accessing his personal data in order to verify, modify or delete them from the Gift Design database.
8.3. Detailed information on the protection of the Customer's personal data can be found in the Privacy Policy of the Online Store www.giftdesign.pl
8.4. The Customer of the Online Store has the option of voluntary and free of charge
to issue an opinion on purchases made in the Online Store.
The subject of the opinion can also be a rating, photo or review of the purchased item
product in the Online Store.
IX Copyright protection
9.1. All photos of the Products and other materials (including texts, graphics, logos) posted on the Online Store website www.giftdesign.pl are the property of Gift Design or have been used with the consent of third parties who own copyrights to them.
9.2. It is forbidden to copy photos and other graphic materials and to reprint texts posted on the website of the Online Store www.giftdesign.pl, including their sharing on the Internet without the written consent of Gift Design or another third party holding copyrights to them.
9.3. The use of the above-mentioned materials without the written consent of Gift Design or another third party who is entitled to copyright is against the law and may be the basis for instituting civil and criminal proceedings against those who commit such practices.
X Final Provisions
10.1 The Regulations are available on the website at: www.giftdesign.pl At the customer's request, the Regulations are sent by e-mail or printed and handed over personally to the customer.
10.2. Customers will be informed about changes to the above Regulations on the Regulations website at: www.giftdesign.pl where the date of the last modification of the regulations will be visible. The changes come into force at the time clearly indicated by Gift Design, but not earlier than 7 days after their announcement. Orders placed before the entry into force of the changes referred to in the previous sentence will be implemented on the terms in force at the time of their submission.
10.3 Any disputes not settled amicably will be settled in the court competent for the registered office of Gift Design in Krakow.
10.4 In matters not covered by the above arrangements, the provisions of the Civil Code and other applicable provisions of Polish law shall apply.
10.5. The Regulations are valid from 01/01/2023. year.