TERMS AND CONDITIONS OF WEBSITE USE
I. GENERAL PROVISIONS
This document sets forth the general terms and conditions of sales conducted via www.pixers.pl by PIXPLANET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (00 - 684 Warsaw ul. Wspólna 62) NIP no.: 7011108489, REGON no.: 52328471600000, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS no. 0000995162, with a share capital of PLN 5,000; e-mail: email@example.com, as well as determines the terms and conditions for the provision of free electronic services.
Administrator/Seller - PIXPLANET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (00 - 684 Warsaw ul. Wspólna 62) NIP no.: 7011108489, REGON no.: 52328471600000, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS no. 0000995162, with a share capital of PLN 5,000; e-mail: firstname.lastname@example.org
Payment Services Provider - an entity providing payment services to Customers of the Website:
Gift Card - an electronic voucher issued to the bearer, which can be redeemed via the Website, of a value equal to the nominal value indicated thereon, having a unique code that can be used to purchase the Products offered on the Website
Customer - a natural person with full legal capacity, as well as a legal person or an organisational unit without legal personality, which is granted by the applicable law legal capacity, who makes purchases on the Website. The term includes both Consumers and Entrepreneurs
Consumer - a natural person who uses the Website for purposes not directly related to his/her business or professional activity, as well as a natural person who uses the Website for purposes related to his/her business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity
Shopping Cart - a service available to each Customer who uses the Website, which facilitates placing an Order
Sales Agreement - a sales agreement, as defined by the provisions of the Civil Code, concerning the sale of a Product by the Seller to the Customer for the specified price increased by any additional charges, in particular shipping costs.
User - a person who visits the website www.pixers.pl, as well as a person who uses the services available on the website
Product - a product offered by the Seller via the Website and configured by the Customer, which can be the subject of a Sales Agreement
Entrepreneur - a natural person, a legal person or an organisational unit without legal personality, granted under the applicable law legal capacity, who conducts in one's own name a business or professional activity and uses the Website directly for the purposes related thereto.
Terms and Conditions - these terms and conditions governing online sales via the Website.
Website - the Seller's on-line sales platform, available to Customers at www.pixers.pl.
Order - a declaration of the Customer expressing his/her will to conclude a Sales Agreement remotely, submitted via the means of distance communication, specifying the Product to be the subject of the Sales Agreement and the Customer's personal data necessary for the conclusion and execution of the Sales Agreement
III. TERMS AND CONDITIONS OF WEBSITE USE
- In order to be able to use the Website, it is necessary to accept these Terms and Conditions. Placement of an Order by the Customer requires confirmation of acceptance of the provisions of these Terms and Conditions. Failure to do so will prevent the Customer from placing an Order.
- These Terms and Conditions may be accessed and read at any time at: www.pixers.ch/seiten/terms-of-service. The Users may also download this document as a PDF file and make a printout.
- The Administrator shall make every effort to ensure access to the Website via all popular Internet browsers, operating systems, types of devices and Internet connections. However, correct operation of the Website is not guaranteed for each configuration of the User's hardware and software. The User shall not be entitled to any claims on account of incorrect operation of the Website or its individual functions.
- In order to be able to use the Website, the following minimum technical conditions are required:
a) properly functioning telecommunications device (computer, tablet, smartphone, etc.) with access to the Internet, enabling the display of the graphical user interface of the Website;
b) an installed and updated web browser: Microsoft Internet Explorer 8.0 or later version, Mozilla Firefox 20.0 or later version, Apple Safari 4.0 or later version and Google Chrome 23.0 or later version;
c) an active e-mail account;
- The User is obliged to use the Website in compliance with the applicable law and good morals, with due respect for personal rights, copyrights and intellectual property rights vested in the Administrator and third parties. The User is obliged to provide accurate and correct data.
- Communication with the User shall be ensured via e-mail and push notifications if the User has agreed to receive them on his/her terminal device. Consent to receiving push notifications is not a condition for using the Website, but failure to grant it results in a limitation of the functionality of the Website.
IV. TERMS AND CONDITIONS OF CONCLUDING SALES AGREEMENTS
- The presentation of any Products on the Website, including those obtained from external digital libraries or other legal sources, along with pricing and additional information, does not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a Sales Agreement upon acceptance by the Seller of the Order placed by the Customer.
- The Sales Agreement between the Customer and the Seller shall be concluded upon placing an Order by the Customer. The procedure for placing orders via the Website is presented below:
a) The Customer selects a Product available on the Website and configures it using the functionalities available on the Website, specifying the desired print parameters (including, in particular: frame, size, graphic effect and material);
b) The Customer adds the selected and configured Product to the Shopping Cart - until pressing the "Go to the Checkout" button, the Customer can introduce corrections to the Shopping Cart by adding or removing items;
c) Upon pressing the "Go to the Checkout" button, the Customer proceeds to the Order form. The Customer fills in the Order form with his/her data necessary for the conclusion and execution of the Sales Agreement. The Customer's data required in the Order form include: full name, address (street, house/flat number, postal code, town, country), e-mail address, telephone number. In the case of Customers who are Entrepreneurs or Consumers running a business activity, it is also necessary to provide the name and address of the company, also the Tax Identification Number if they have requested a VAT invoice in the Order form;
e) The Customer receives an e-mail with confirmation of the Order;
f) The Customer chooses the method of payment of the price and any other costs indicated in the Order form for the execution of the Sales Agreement;
g) The Customer may be redirected to the website of an external Payment Service Provider, depending on the method of payment selected;
h) After making payment, the Customer receives an e-mail with the subject "Thank you for making payment for your order" to the address indicated in the Order form, constituting a confirmation of the Sales Agreement concluded between the parties.
i) The lead time is counted from the moment the Customer receives an e-mail with the subject "Your order is being processed".
- The Product price displayed on the Website includes taxes. The Customer shall be informed of the total price of the ordered Product, including taxes, as well as the costs of delivery via the Website when placing the Order.
- The Seller reserves the right to change the prices of the Products without prejudice to the Customer's rights, including in particular the terms and conditions of the Sales Agreements concluded prior to introducing changes.
- When placing an Order, the Customer selects the method of payment for the Product from among the options listed on the Website. The following payment methods are available:
a) fast electronic transfers via PayU;
b) payment via PayPal;
c) payment by credit card via the Stripe platform.
- The Website uses the services of a Payment Service Provider for the processing of online payments and for the storage of Customers' data, including credit or debit card details or information on other payment methods offered on the Website.
- The use of the payment services available on the Website involves the establishment of a separate legal relationship with the Payment Service Provider and acceptance of its terms and conditions. The Website is not a party to such a relationship and is not in a position to intervene in its content or implementation. In the event of payment problems, the Customer should contact the Payment Service Provider in order to clarify doubts or make a complaint. The Website shall not be liable for the execution of the payment service by the external service provider.
- Failure to make payment within 7 days of placing an Order shall result in cancelling of the Order placed by the Customer.
VI. DELIVERIES OF PRODUCTS
- The place of performance of the Sales Agreement by the Seller shall be the place where the Product is collected (or, in any case, the place where the Product should be collected as indicated by the Customer).
- The Products shall be delivered via courier. The costs of shipping the Products, if any, shall be paid by the Customer when making payment for the Order.
- The total lead time includes the time necessary for the Seller to prepare the Order and the time necessary for the courier to deliver the Products.
- The maximum lead time shall be 6 working days counted from the date of conclusion of the Sales Agreement, unless a longer period is specified in the description of the given Product or during Order placement.
- The Seller shall not be liable for the lack or delays in the delivery of the Products for reasons attributable to the Customer.
- Upon the handing over by the Seller to the courier of the Product to be delivered to a Customer who is an Entrepreneur, the rights and obligations related to the Product, as well as the risk of accidental loss or damage shall be transferred to the Customer.
VII. COMPLAINT PROCEDURE
- The Customer has the right to lodge a complaint against the Website in case of defects found in the Product.
- The Customer who is an Entrepreneur has the right to make a complaint in accordance with the applicable law, with the reservation that the Seller's liability under the statutory warranty for physical defects of the Product is limited to the amount that the Customer has paid to the Seller for the purchase of the Product in question. The Customer who is an Entrepreneur loses the rights under statutory warranty if he/she did not examine the Product in the time and manner usually adopted for a given type of goods and did not notify the Seller about the defect found immediately, or - if the defect became apparent only later - if he/she did not notify the Seller immediately after its discovery.
- In order for a complaint to be accepted, the contents of the package must be checked in the presence of the courier and, in the case of damage, a damage report must be prepared. The lack of such a document may result in a rejection of the complaint. It is also advisable to take photographs of the damaged package and the Product.
- Complaints may be submitted in electronic form and sent to: email@example.com or in writing to PIXPLANET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (00 - 684 Warsaw, ul. Wspólna 62).
- The complaint should include: full name of the Customer, e-mail address provided in the Order, Order number, description of the problem and the date of its occurrence, as well as the solution suggested by the Customer. If the purchased Product has a defect, the Customer may:
a) demand its repair free of charge in order to make the Product compliant with the Sales Agreement, unless the repair is impossible or involves excessively high costs;
b) demand its replacement with a new Product, unless the replacement is impossible;
c) demand a reduction of the price of the Product;
d) withdraw from the Sales Agreement, unless the defects are not material.
- If the data or information provided in the complaint needs to be supplemented, the Customer shall be requested to do so prior to handling the complaint.
- The Seller shall promptly, within 14 days from the date of receipt of a duly submitted complaint, process it and inform the Customer of its decision.
- If the complaint is rejected by the Seller, the Customer has the option to appeal against the decision. The time required for the processing of the appeal shall be 30 days, calculated from the date of receipt thereof. Due to the nature of the technological process, the delivered Product may slightly differ from the ordered Product, such differences being the result of such factors as technical parameters of the screen or selected display settings. The Seller informs that the aforementioned differences do not constitute grounds for complaint.
- Submission of a complaint excludes the possibility of using the 365 Day Return Policy.
- A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at www.ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. The platform provides an interactive solution for consumers and businesses for out-of-court resolution of disputes arising from online transactions.
VIII. STATUTORY RIGHT OF WITHDRAWAL
- The Customer is not entitled to the statutory right of withdrawal due to the fact that the subject of all Sales Agreements concluded via the Website are non-prefabricated Products, produced in accordance with the Customer's specifications.
IX. CONTRACTUAL RIGHT OF WITHDRAWAL. 365 DAY RETURN POLICY
- The Customer has the right to return the Product under the 365 Day Return Policy on the terms and conditions specified in this section.
- Under the 365 Day Return Policy, the Customer has the right to return the Product within one year from the date of concluding the Sales Agreement, without giving any reason. In order to meet the deadline, it is sufficient for the Customer to submit a relevant declaration to the Seller before the deadline. The Customer is obliged to make the relevant declaration using the contact form available in the "Complaints and Returns" tab.
- Only original, undamaged and full Products may be returned under the 365 Day Return Policy. The Customer does not have the right to return Products with visible signs of use or mechanical damage, irrespective of the type and degree of such damage or signs of use. The costs of returning the Product shall be borne by the Customer.
- Should the Seller deem that the returned Product meets the criteria of the 365 Day Return Policy, the Customer shall be entitled to one of the following options:
a) changing the order - in accordance with the Customer's instructions;
b) delivery by the Seller of a new Product, the total value of which shall not exceed the value of the Product returned;
c) reimbursement of the equivalent of the price paid by the Customer in the form of a Gift Card.
- If option 6(a) is selected, the Seller undertakes to carry it out within 14 days of accepting the return. The time of fulfilment of the obligation shall be the day on which the new Product is shipped to the Customer's address.
- If option 6(b) is selected, the Seller undertakes to reimburse the price paid by the Customer by issuing a Gift Card. The Gift Card shall be sent to the Customer's e-mail address indicated in the contact form within 14 days from the day of acceptance of the return.
- The Gift Card entitles the Customer to purchase Products via the Website up to the nominal value indicated on the Gift Card, subject to point 9.
- When ordering a Product with a nominal value higher than the value of the Gift Card, the Customer is obliged to pay the difference in price.
- The Gift Card shall be valid for a period of 12 months, calculated from the date of sending it to the e-mail address indicated in the contact form.
- In the event of Products paid for with a Gift Card, the 365 Day Return Policy does not apply. The above does not exclude the right to make a complaint under the regular complaint procedure nor the rights granted by the provisions of generally applicable law.
- Detailed terms and conditions for the use of Gift Cards are set out in the document available at: www.pixers.ch/seiten/gift-card-terms-of-use.
X. INTELLECTUAL PROPERTY RIGHTS
- All rights to the Website, including the author's economic rights and intellectual property rights to its name, Internet domain, as well as the forms and images published thereon for the purposes of presenting the Products, are vested in the Administrator.
- The Website or its individual elements, texts, navigation solutions, selection and arrangement of the content, graphic elements, compilations of materials and studies are subject to protection under Polish and international law.
- The protection also covers all materials provided via the Website to the User electronically, in particular by e-mail. Modifying, copying, distributing, transferring, displaying, transmitting, reprinting, sublicensing or creating compilations from the materials without the Administrator's consent is strictly prohibited. Failure to comply with the above shall entitle the Administrator to take appropriate legal steps.
- The use of the Website does not confer on the User any licence or right to use any trademarks used on the Website.
- The use of the Administrator's company name or trademarks in any documents or for any purposes, except as provided for in the Terms and Conditions, is only possible upon the Administrator's written consent and prior written approval of the samples of such documents or materials by the Administrator.
- The User assumes full financial liability for any damages caused to the Administrator as a result of using the company name or trademarks.
- If the Product selected by the User comes from the collection of an external digital library, the Seller is obliged to obtain, via the Website, the necessary rights to the selected Product from the digital library in question (a detailed licence agreement specifying the permissible use of the Product by the User is available in the data sheet of the Product in question). The User acknowledges that he/she may only use the Product for personal purposes, without the possibility of sub-licensing, reproduction, commercial use or re-marketing.
- The Website allows to leave a review concerning the Website and the Products.
- The review may not violate the provisions of generally applicable law nor include: vulgarisms, untrue, defamatory or advertising content, content constituting an act of unfair competition or infringing the rights of third parties.
- The Administrator shall not be liable for deletion, disclosure, loss or modification of the reviews.
- The Administrator reserves the right to verify and delete them from the Website the reviews which, in the Administrator's opinion, violate these Terms and Conditions or the provisions of law. Such deletion shall be irreversible.
- The Newsletter subscription service is provided free of charge by the Administrator to Users who grant their consent to receive it.
- Newsletter subscription can be ordered via the relevant form available on the Website.
- Upon confirmation of the Newsletter subscription activation, a Newsletter service agreement is concluded between the User and the Administrator for an indefinite period of time.
- The User may terminate such an agreement at any time by cancelling the subscription. The Newsletter subscription may be cancelled by sending a relevant declaration to firstname.lastname@example.org or by clicking a relevant link in the footer of each Newsletter sent.
XIII. PERSONAL DATA PROTECTION
- The Administrator reserves the right to amend the Terms and Conditions at any time.
- Amendments to these Terms and Conditions shall be published on the Website in the form of a consolidated text, along with information about their introduction.
- The Administrator shall notify the User of any amendments to these Terms and Conditions by e-mail sent to his/her e-mail address 15 days before such amendments become effective.
- The Administrator may amend the Terms and Conditions, including with immediate effect, without observing the 15-day notice period referred to above in the event that: a legal obligation is imposed on it, under which it is obliged to amend the Terms and Conditions in such a way that it is unable to comply with the aforementioned 15-day notice period, it needs to amend the Terms and Conditions in order to counteract an unforeseen and imminent threat to the provision of online intermediary services and protect the Users against fraud, malware, spam, data breaches or other threats.
- Customers who have purchased a Product via the Website before the amendments to the Terms and Conditions became effective shall be bound by the Terms and Conditions in force as at the date of placing the Order.
XV. FINAL PROVISIONS
- Any disputes that may arise in connection with the Sales Agreement concluded between a Customer who is a Consumer and the Seller on the terms and conditions specified herein shall be resolved by a common court of competent jurisdiction. Any disputes that may arise between the Seller and a Customer who is an Entrepreneur shall be resolved by the court with jurisdiction over the Seller's registered office.
- These Terms and Conditions come into force on 14 October 2022.
- In matters not regulated herein, the provisions of Polish law shall apply. The selection of Polish law for the interpretation of these Terms and Conditions does not deprive the Consumer of the protection granted to him/her pursuant to provisions that cannot be excluded by agreement between the Seller and the Consumer under the law that would apply in the absence of the selection of Polish law.
- These Terms and Conditions do not exclude or limit any right of the Customer who is a Consumer, granted to him/her under applicable provisions of law.
These terms and conditions of website use were last revised on October 14, 2022.