1: General provisions
1.The online shop available at the Internet address https://prezentmi.pl is run by: PREZENT.MI Spółka z ograniczoną odpowiedzialnością with its registered seat at ul. NARUTOWICZA, nr 7/9, lok. 311, loc. ŁÓDŹ, code 90-117, post code ŁÓDŹ, country POLAND, entered in the Register of Entrepreneurs of the National Court Register under the number 0001062943, holding NIP: 7252336140, share capital: 5000 PLN
These Terms and Conditions are addressed both to consumers and entrepreneurs using the Internet Shop, unless a given provision of the Terms and Conditions states otherwise and is addressed exclusively to consumers or entrepreneurs.
The administrator of the personal data processed in the On-line shop in connection with the execution of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies in the Internet Shop.
The Privacy Policy primarily contains rules concerning the processing of personal data by the Administrator in the Online Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies in the Online Shop. The use of the Online Shop, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
Definitions:
BUSINESS DAY – one day from Monday to Friday excluding public holidays.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Shop are stored.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Shop.
PRODUCT – a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
REGULATIONS – these regulations of the Internet Shop.
INTERNET SHOP – the online shop of the Service Provider available at the following internet address: https://prezentmi.pl.
SELLER; prezent.mi – PREZENT.MI Spółka z ograniczoną odpowiedzialnością with its registered office at ul. NARUTOWICZA, nr 7/9, lok. 311, places. ŁÓDŹ, post code 90-117, post code ŁÓDŹ, country POLAND, entered in the Register of Entrepreneurs of the National Court Register under no. 0001062943, holding NIP: 7252336140.
USER, BUYER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by the law; – using or intending to use the Service offered by the seller.2. . The Rules and Regulations define the terms and conditions for the use of the prezent.mi Online Shop, as well as the scope of responsibility.3. By using the services of the prezent.mi Shop, the user confirms that he/she has read the Rules and Regulations and accepts all their provisions and undertakes to comply with their provisions.4. All contractual relations between prezent.mi and customers are subject to the general terms and conditions of trade. Possible deviations shall only be considered if they have been confirmed in advance between prezent.mi and the customer in writing or have been expressly stipulated in these general terms and conditions.5. The customer undertakes to provide complete and truthful order data. The customer is liable for any resulting damage if false data is provided. 6. The provisions of the Civil Code apply to matters not regulated by these Terms and Conditions, in particular to the submission of declarations of intent in electronic form.
2: Conclusion of contract1. The photo-print and any other products presented by prezent.mi on the Internet or in other media are not a commercial offer within the meaning of Art.534 of the Civil Code, but only an invitation to the customer to view the purchase offer. Purchase offers can be made via online order forms prepared by prezent.mi or in private messages on the instagram profile of prezent.mi (https://www.instagram.com/prezent.mi/)2. The order placed by the customer constitutes the conclusion of a purchase-sale agreement and is based on the applicable Terms and Conditions. Each ordered product must be configured by the Customer according to his/her wishes. All configuration options must be reviewed and the total price taken into account. All prices are quoted inclusive of tax and excluding shipping costs.3. The articles offered are only sample motifs. The customer does not receive the original image, but only a copy according to the motif, prepared on the chosen material and according to the chosen technique.4. After placing the order, the customer receives a message confirming acceptance of the order. The beginning of the order’s realisation date is the next working day after the day on which the payment has been accepted or booked.5. prezent.mi reserves the right to refuse the service and the realisation of the order if the products contain content that is against the law, good manners or the rules of social coexistence. The shop also reserves the right to make changes to the prices of the goods on offer, as well as to the amount of the costs of delivery of the ordered items.6. The customer is obliged to provide all their comments on the order, changes to the photo before accepting the order.
- conditions for the service of artistic processing of the photo (art processing) and the service of painting a cartoon on the basis of the customer’s photo:- the customer is obliged to inform about his wishes before the graphic designer begins his work
– the price includes up to 3 small corrections after receiving the first design (exchange of background, addition of small elements like inscription, decoration of flowers, stars and id)
– the total replacement of the photo or individual persons on the artwork involves an additional fee in the size of drawing the new artwork/adding a new person
3: Terms of payment
- prezent.mi only accepts prepayment for an order accepted for delivery or payment on delivery to the courier service system.
(2) Payments for goods can be made by prepayment to the account number provided, in the secure payment systems PayU and PayPal, transfer24, by blik or cash on delivery.
(3) Payment is deemed to have been made once the payment has been credited to the account. § 4: Delivery terms
(1) Ordered products are sent to the customer via a courier service.
(2) Each product in the shop’s offer has a specific lead time. The lead time for each product is indicated on the product card. The average lead time for a canvas print order is 1-2 working days, the ‘Painting by Numbers’ set – 2-4 working days, other services – from 1 to 4 working days. It expires from the moment the payment is credited to the shop’s account. Orders with different lead times are dispatched after the whole order is completed, i.e. after the longest time indicated. In justified cases, the shop reserves the right to send each product separately. 3.
(3) Delivery costs are calculated for each order and appear in the summary as the final price. The cost of delivery is calculated for each order regardless of the form of delivery.
(4) In the event of delivery of goods which do not correspond to the contractual stipulations arising through our fault, the customer undertakes to grant us an additional period of grace of 2 weeks.
5: Damages during transport
1.The customer should check the condition of the consignment upon receipt from the courier. If it is found that
the contents are damaged or show signs of having been opened, do not confirm receipt of the parcel but request the courier to draw up a damage report. 2.
The customer is obliged to inform the shop as soon as possible about the attempt to deliver the damaged parcel. § 6: Limitation of liability
- prezent.mi shall not be held liable for the lack of continuous access to the Online Shop and the speed of the system, as well as technical and electronic errors occurring during the ordering process, if they are caused by factors beyond the shop’s control.
- 7: Right of withdrawal and return
- prezent.mi is a production-on-demand service. The customer himself determines the parameters of the order through the initial selection of the photo, the size of the print up to the selection of any photo processing options. The production is therefore carried out from scratch according to the customer’s order and therefore in accordance with Article 10, paragraph 3, para. 4 of the Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Hazardous Product – are not refundable.
(2) Therefore, the right to withdraw from the contract, i.e. to return the goods within 14 days without stating a reason in accordance with the Act of 30 May 2014 on consumer rights, article 27, is definitively not available.
8: Complaints
(1)A complaint cannot be based on slight deviations of the delivered product from the one offered in the shop. Insignificant deviation is regarded as minor differences in the format, type and quality of the substrate, which is technologically unavoidable in the production process. Nor can a complaint be based on the differences in the colour of the actual product in relation to the colour of the product reproduced by the computer monitor. The shop will also not accept the complaint in case of improper handling of the product by the customer or its improper installation.
(2) The Seller is liable to the Customer if the sold product has a defect reducing its value or usability, if the product does not have the properties the Shop assured the Customer of, or if the product has been given to the Customer in an incomplete state excluding damage by the
In such a case, the Customer may request that the product be brought into conformity with the contract by repairing it free of charge or replacing it with a new product. 3.
(3) Complaints are recognised if the Customer notifies the company in writing within 2 weeks of the delivery of the goods to the e-mail address: prezent.mi@gmail.com, by message to the official profile on instagram of the shop: @prezent.mi , by post to the address of the company’s registered office a noticeable defect in the goods or an incorrect delivery.
4) If prezent.mi delivers a defect-free product as part of the completion of the delivery, it may request the Customer to return the defective goods.
(5) The complaint will be processed within 3 working days from the moment of sending the request electronically or receiving the request by post.
9: Withdrawal from the contract by the seller
- prezent.mi reserves the right to withdraw from the terms and conditions of the contract without any claim for
compensation from the Customer within 7 days of the conclusion of the contract in the event of circumstances beyond the control of prezent.mi which could not have been foreseen. The basis for withdrawal within the specified period is also interference in the structure of the shop by third parties, as a result of which the functionality, parameters of the service and the ordering mechanism and prices have been changed.
(2) prezent.mi reserves the right to withdraw from the fulfilment of:
– orders violating personal rights of third parties,
– orders containing any form of violence, profanity, pornography and content contradictory to valid
current legislation and generally accepted norms. §
10: Copyright
(1) The purchase of products does not imply the acquisition of copyright or intellectual property rights to the purchased products.
2.The products sold by prezent.mi worldwide are covered by copyright.
3.By agreeing to the General Terms and Conditions of prezent.mi, the client represents and warrants that his product does not infringe any intellectual property rights of third parties and does not contain illegal, ethically immoral or defamatory content. Therefore, the customer may only commission works on prezent.mi that do not infringe the intellectual property rights of a person or company and are not offensive or disgraceful.
In principle, the customer retains all rights to all photo and image files that he or she transfers to prezent.mi. In order to perform the contract, the purchaser grants prezent.mi the unrestricted right to use the transferred photos and images in relation to the services to be provided in the performance of the contract. This includes the storage, copying and processing of the image data. This also includes the right to make individual images available to third parties as part of the problem-solving process.
11: Personal data
By placing an order in the online shop, the customer simultaneously consents to the processing of his
personal data to the extent necessary for the execution of the concluded contract. 2.
(2) The personal data provided by the customer is protected in accordance with the Act of 29.08.1997 on the protection of personal data.
Personal Data Protection Act of 29.08.1997 (Journal of Laws No. 101 of 2002, item 926, as amended) in a manner that prevents access by third parties.
- personal data shall not be made available to other entities for marketing purposes.
12: Final provisions
In matters not covered by these Terms and Conditions the provisions of the Civil Code or other legal regulations relating to the operation of websites and online shops shall apply.
Code or other legal regulations relating to the operation of websites and online shops. 2. 2) prezent.mi reserves the right to introduce changes to these Regulations.