Shop rules
Online Store Regulations - www.emtigo.pl
I. General
- These Regulations define the general conditions, method of providing services electronically and sales conducted via the Online Store www.emtigo.pl. The store is run by Emtigo Sp. z o. o. with its registered office in Poznań, ul. Kordeckiego 42a, 60-144 Poznań, NIP: 7792469235, REGON: 368036010, KRS: 0000690323, hereinafter referred to as the Seller.
- Contact with the Seller is via:
- e-mail address: biuro@emtigo.pl;
- by phone: +48797 616 870.
- These Regulations are continuously available on the website www.emtigo.pl, in a way that enables its acquisition, reproduction and recording of its content by printing or saving on a medium at any time.
- The Seller informs that the use of services provided electronically may involve a risk for each Internet user, consisting in the possibility of introducing malicious software into the Customer's IT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures that will minimize their occurrence, in particular anti-virus programs and a firewall.
II. Definitions
The terms used in the Regulations mean:
- Business days — these are days from Monday to Friday, excluding public holidays;
- Customer — a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, who places an Order in the Store Online or uses other Services available in the Online Store;
- Civil Code — Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
- Account — a part of the Online Store allocated to a given Customer, through which the Customer can perform specific activities within the Online Store;
- Consumer — A customer who is a consumer within the meaning of Art. 22[1] of the Civil Code;
- Entrepreneur - Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
- Regulations — this document;
- Goods — a product presented in the Online Store, the description of which is available for each of the presented products
- Sales contract — The contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services — services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
- Consumer Rights Act — Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
- Act on the provision of electronic services — Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
- Order — the Customer's declaration of will, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of the Goods.
III. Rules of using the Online Store
- The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
- computer or mobile device with Internet access,
- access to e-mail,
- Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,
- enabling Cookies and Javascript in the web browser.
- Using the Online Store means any activity of the Customer that leads to him becoming familiar with the content contained in the Store.
- The customer is obliged to provide detailed informationmainly to:
- not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating the personal rights and other rights of third parties,
- use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not taking actions such as: sending or posting unsolicited commercial information (spam) in the Online Store
- use the Online Store in a way that is not inconvenient for other Customers and the Seller,
- use all content posted in the Online Store only for your own personal use,
- use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.
IV. Services
- The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form available on one of the pages of the Online Store. The contract for the provision of the service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and terminates when the Customer sends a request to delete the Account or uses the "Delete Account" button.
- The Customer has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, you must provide a valid e-mail address or activate the appropriate field in the registration form or order form. The customer may withdraw consent to sending commercial information at any time. The contract for the provision of the Newsletter service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his e-mail address from the Newsletter subscription or unsubscribe using the link in the content of the message sent as part of the Newsletter service.
- The Seller has the right to organize occasional competitions and promotions, the terms of which will each time be provided on the Store's website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
- If the Customer violates the provisions of these Regulations, the Seller, after an unsuccessful request to stop or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. Procedure for concluding a Sales Agreement
- Information about the Goods provided on the Store's website, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
- All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally introduced to the Polish market.
- The condition for placing an order is to have an active e-mail account.
- If an Order is placed via the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted in electronic form is binding on the Customer if the Seller sends confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, a Sales Agreement is concluded.
- The sales contract is concluded in Polish, with the content consistent with the Regulations.
VI. Printing materials
- Due to technological differences resulting from the way colors are displayed by most monitors and the printing technology (which uses the CMYK color space), comparing the colors of the print with the colors presented on the monitor is incorrecte technologically.
- Due to the printing technology used during production, there may be 10% discrepancies in colors, size and weight of the goods.
- Emtigo Sp. z o. o. is not responsible for the content contained in the works sent by the Client. If the materials contain illegal content, Emtigo Sp. z o. o. may refuse to print them.
- Emtigo Sp. z o. o. does not correct the content of the materials sent by the Client
- Materials sent for printing should be prepared in accordance with the conditions specified in the "HOW TO PREPARE FILES FOR PRINTING" tab. on the website www.emtigo.pl. Emtigo Sp. z o. o. is not responsible for poorly prepared materials or materials that do not comply with the specifications and any resulting printing errors.
- Emtigo Sp. z o. o. is not responsible for graphic files uploaded to the system.
- Emtigo Sp. z o. o. does not archive graphic files. Pikes sent to orders after 30 days are deleted.
- Thereby, Emtigo Sp. z o. o. is not responsible for:
- printing works prepared incorrectly in terms of content;
- printing technically incorrect works;
- printing works sent by the Client that contain technical or content errors.
VII. Delivery
- Delivery of Goods is limited to the territory of Poland and is carried out to the address indicated by the Customer when placing the Order.
- The customer may choose the following methods of delivery of the ordered Goods:
- via a courier company;
- collect yourself at the Seller's personal collection point.
- On the Store's website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
- The deadline for delivery and execution of the Order is counted in Business Days in accordance with point. VII point. 2.
- The Seller, in accordance with the will of the Customer, provides, together with the Goods, a VAT invoice covering the delivered Goods.
- If different implementation periods are provided for the Goods covered by the Order, the longest period among those provided applies for the entire Order.
- The Seller is not responsible for delays in the delivery of goods caused by the courier company.
- Delivery dates specified on the store's website are approximate and may be extended or shortened.
VIII. Prices and payment methods
- The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.
- The customer can choose the following payment methods:
- electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer confirmation of acceptance of the Order and after the Seller receives information from the settlement agent's system about the payment made by the Customer, and the shipment will be made immediately after completing the Order; wenia).
- cash on delivery, payment by the supplier upon delivery (in this case, the execution of the Order and its shipment will begin after the Seller sends the Customer confirmation of acceptance of the Order and completes the Order);
- On the Store's website, the Seller informs the Customer about the date by which he is obliged to make payment for the Order. If the Customer fails to pay within the period referred to in the previous sentence, the Seller, after an unsuccessful request for payment and setting an appropriate deadline, may withdraw from the Agreement pursuant to Art. 491 of the Civil Code.
IX. Right to withdraw from the Agreement
- The Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is enough to send a declaration before its expiry.
- The Customer may formulate the declaration himself or use the template of the declaration of withdrawal from the Agreement, which constitutes Annex No. 1 to the Regulations.
- The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
- The Seller upon receipt of the declaration of withdrawald of the Agreement by the Consumer will send confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer's e-mail address.
- The Consumer's right to withdraw from the Agreement is excluded in the case of:
- provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the Agreement;
- Agreements in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
- Agreements in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to meet his individual needs;
- Agreements in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
- Contract in which the subject of the service is Goods delivered in a sealed package which, after opening the package, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery; li>
- Agreements in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other things;
- Agreements in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations, over which the Seller has no control.
- Agreement in which the Consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or provides Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Goods.
- Agreements in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
- Agreement concluded by public auction;
- Contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision ;
- Agreements for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline to withdraw from the Agreement and after the Seller informed him about the loss of the right to withdraw from the Agreement.
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- In the event of withdrawal from a distance contract, the contract is considered not concluded. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
- The Seller will immediately, but no later than within 14 days from the date of receipt of the Consumer's declaration and goods on withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until he receives the item back or the Customer provides proof of sending it back, depending on which event occurs first, unless the Seller has offered to collect the item from the Customer himself. li>
- If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The Customer only bears the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
- Cancellation of order or part of the order, is possible only before the production of the subject of the orderacute;knowledge and after acceptance by Emtigo Sp. z o. o.. The cost of cancellation is PLN 40.00 net, but not less than the actual cost incurred by Emtigo Sp. z o. o. in connection with the execution of the order. If, in connection with the cancellation of an order, Emtigo Sp. z o. o. incurred additional costs related to the processing and preparation of the order, the customer will be charged with them.
X. Complaints regarding Goods under warranty
- The Seller undertakes to deliver the Goods without defects.
- The Seller is liable to the Customer who is a Consumer under the warranty for defects under the terms specified in Art. 556 — 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
- Complaints resulting from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the following address: Emtigo Print, ul. Kordeckiego 42a, 60-144 Poznań, to the e-mail address: reklamacje@emtigo.pl.
- In order to consider the complaint, the Customer should send or deliver the complained Goods, if possible, attaching proof of purchase and a completed complaint form. The goods should be delivered or sent to the address indicated in point. 3.
- The Seller undertakes to consider each complaint within 14 days.
- In the event of any deficiencies in the complaint, the Seller will call the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
XI. Complaints regarding the provision of electronic services
- The Customer may submit complaints to the Seller in connection with the operation of the Store and the use of the Services. Complaints can be submitted in writing to the following address: Emtigo Print, ul. Kordeckiego 42a, 60-144 Poznań, to the e-mail address: reklamacje@emtigo.pl .
- In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
- The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In the event of any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
XII. Warranties
- The goods may have a manufacturer's or Seller's warranty.
- In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it was granted is always presented in the description of the Goods on the Store's website.
- Details and full rules regarding the warranty can be found in the "Guarantee" tab, available on the store's website at the link:www.emtigo.pl/article/gwarancja
XIII. Out-of-court methods of resolving complaints and pursuing claims
- The Customer who is a Consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
- is entitled to submit a request to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
- is entitled to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
- can obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation Consumers, Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address advice@dlakonsumentow.pl;
- submit your complaint via the EU ODR online platform, available at: http://ec.europa .eu/consumers/odr/.
XIV. Protection of personal data
XV. Final provisions
- All rights to the Online Store, including economic copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may only be used in manner specified and consistent with the Regulations.
- Resolution of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
- Resolution of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
- In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
- Each Customer will be informed about any changes to these Regulations via information on the main page of the Online Store, containing a summary of the changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact within 14 days from the date of being informed about the change in the Regulations. Notifying the Seller of non-acceptance of the new content of the Regulations results in termination of the Agreement.
Form templates to download
Goods complaint form
Formarz withdrawal from the sales contract
Service provision complaint form
Form for withdrawal from the contract for the provision of services
Instruction on the right to withdraw from the sales contract
Instruction on withdrawal from the service provision contract
Goods complaint form
Formarz withdrawal from the sales contract
Service provision complaint form
Form for withdrawal from the contract for the provision of services
Instruction on the right to withdraw from the sales contract
Instruction on withdrawal from the service provision contract