Terms and Conditions of Positive Prints
We want to provide you not only with great products and services but also with transparent communication, as well as a full understanding of the rules related to the processing of orders in our store. The contract is executed while placing an order with us. Its terms are specified in the following regulations. Please read its content carefully before placing an order or using free services online.
§1. Preliminary provisions
Regulations define the principles of concluding a contract between the Customer and the Seller, their terms and conditions, rights and obligations of both parties of the sale contract, contract for the supply of digital content, as well as electronically provided services. Each Customer is obliged to read and accept the terms and conditions specified in the regulations before the conclusion of the contract with the Seller.
If you have any questions, please contact us by email: [email protected] or via the contact form available on the Store’s website.
If you want to send us something, please send it to the following address: Positive Prints Sp. z o.o. ul. Puławska 145, 02-715 Warsaw, POLAND.
The key to good communication is understanding of individual concepts by both sides, which are important for proper communication and order processing in our store.
- Seller – Positive Prints Sp. z o.o. (LLC) with its registered office in Warsaw, ul. Puławska 145, (postcode 02-715), entered into the Register of Entrepreneurs of the National Court Register kept by The District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of The National Court Register, under the number KRS: 0000839033 (National Court Register Number), NIP: 9512500986 (Taxpayer Identification Number), REGON: 38597711 (National Business Registry Number) with share capital PLN 5,000.
- Customer – a party for which the Seller provides electronic services and/or which has concluded a sale contract with the Seller and who is entitled to conclude contracts.
- Consumer – a natural person making a purchase on the Website, not directly related to their business or professional activity.
- An Entrepreneur under consumer protection – a natural person making a purchase directly related to their business activity, while the contract shows that it does not have a professional nature for them, particularly in relation to their business activity (specified in CEIDG – Central Register and Information on Business).
- Store – an online store run by the Seller, available at https://positiveprints.com/
- Product – a physical product or service available in the Store, in particular, printed or digital posters made at the Customer’s request.
- Digital file – a service that provides digital content in the form of a Design of the poster that the Customer can print by themselves.
- Physical product – a physical printout of the Design with additional elements added by the Customer (e.g. frame) shipped to the Customer to the address indicated by them.
- Editor – a service available on the Website through which the Customer can create a personalized Product design.
- Design – a digital Product design created by the Customer using the Editor, which may be the subject matter of the contract between the Customer and the Seller.
- Cart – an element of store software in which the Products selected by the Customer are displayed, and in which the Order information can be determined and modified.
- Order form – an interactive form available in the Store that enables the placement of the Order by adding Products and Services to the electronic Cart and determining the terms of the distance Contract, including delivery and payment.
- Newsletter – a free service provided by the Seller in the form of email messages, containing information about products, news, and special offers, sent to the customer who signed up for the newsletter by completing the Newsletter form
- Newsletter form – a form that enables the Customer to sign up for the Newsletter.
- Contact form – a form that enables contact with the Seller through the Store’s website.
- Feedback form – a form available in the Store that enables the Customers to share feedback about the product and/or the Seller.
- Order – a statement of the Customer’s intent made by using the Order form and aimed directly to conclude a Contract with the Seller for the sale of a Product or Products.
- Delivery – an act of providing the Customer with the Products ordered by them, to the address indicated in the Order.
- Shipping provider – the entity that cooperates with the Seller in terms of delivering ordered Products to the address indicated by the Customer
- Payment service provider – Payment systems provided by external entities, i.e. TPay supported by the Krajowy Integrator Płatności S.A. with its registered office: plac Andersa 3, 17 floor, 61-894 Poznań and Payu supported by PayU S.A. with its registeres office: 60-166 Poznań; ul. Grunwaldzka 182 and PayPal supported by PayPal (Europe) with its registered office S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg and Stripe supported by Stripe Inc. with its registered office: 1 Grand Canal Street, The One Building, Dublin
- Order – the offer to conclude a Contract, made by the Customer to the Seller, for the sale of Physical products and/or Digital products being the subject matter of the Contract, determining the type and number of products.
- Contract – a distance contract concluded with the client as part of an organized system of concluding distance contracts (Store), without the physical presence of the parties, with the use of one or more means of distance communication until the conclusion of the contract.
Terms and Conditions – the following Terms and Conditions of the Store.
§4. Technical requirements
To use the Store, including browsing through the Seller’s product range and placing Orders, you must have:
a. an end device with access to the Internet and a standard web browser,
b. and an active e-mail address.
The Seller undertakes technical and organizational measures to provide the Customer with safe access to the Website and the Store, in particular measures preventing access and modification of personal data by unauthorized persons.
The Customer is forbidden to provide unlawful content, in particular violating applicable law, the principles of good conduct, and the following Terms and Conditions.
The Seller is entitled to a planned technical break in the functioning of the Store, necessary for the planned, ongoing service and maintenance of the server and software. In case of a planned break, the Customers will be notified on the Store’s website.
To the fullest extent permissible, the Seller is not responsible for any interference, including interruptions in the functioning of the Store caused by external forces, unauthorized operation of third parties, or the incompatibility of the Customer’s technical infrastructure with the Store.
§5. Digital service
1. The seller provides digital service 7 days a week, 24 hours a day.
2. The following free digital service is available:
a. contact with the Seller through the Store website,
b. placing the Order in the Store,
c. the ability to save the Design using “Save my design” and to access it through a shared link,
d. enabling the Customer, who made a purchase in the store, to provide feedback about the Products and the Seller
e. the ability to subscribe to the Newsletter.
The agreement to sign up for a newsletter is concluded for an indefinite period from the moment the adequate form is completed and can be terminated at any time with immediate effect. The Customer can unsubscribe from the newsletter, by following the instructions contained in each newsletter or by sending an appropriate request to the Seller to the email address provided in §2 of the Terms and Conditions.
Other contracts are one-time agreements and are terminated when individual activities are carried out.
The Seller also offers Digital products through the website as a part of digital service. Each detail of the Products and Services in the Store contains a detailed product description and their range, conditions of participation if required, and prices. The final price is visible in the Editor and depends on the selected type of product.
In the case of Digital products, the Seller stores them on the Store servers for a period of 3 months from the date of the last order for this product. After this time, they are removed, and access to them is not possible.
The seller has the right to block the Customer’s access to services provided electronically if the Customer acts to the detriment of the Seller or other Customers, violates the rights and personal rights of other people, or in a different way violates the law or Terms and Conditions.
§6. Gift cards
1. The Gift card is a prepaid card that can be used to make a whole or partial payment for products purchased in the store, except for payment for the next Gift card, and payments for products on sale or special offers.
2. Gift cards are issued in a particular currency and can be used for payments in the same currency in which the Gift card was issued.
3. The Gift card cannot be exchanged for cash.
4. The gift card may be in the form of a digital file or physical print file. The Gift card in the form of a digital file is delivered to the email address provided in the order, and the Gift card in the form of a physical print is delivered to the shipping address indicated in the order.
5. Each gift card contains a unique number and is issued to a bearer. The Customer should make sure that the recipient’s information entered on the Gift card is correct.
6. The Gift card is valid for 6 months from the date of the issue. After this date, it will not be possible to pay by it in the Store.
7. In case of return of the Product that was paid with the Gift card, the funds will also be returned in the form of a Gift card.
§7. Terms of placing order
1. The Orders can be placed 24 hours a day, 7 days a week, all year round.
2. The Customer can place an Order for the Products available in the Store by providing the necessary personal information and shipping address that enables the execution of the Order.
3. The Customer cannot make a purchase anonymously or under a pseudonym.
4. In order to place an Order, you must:
a. Click the “Create now” or “Design now” button,
b. Select a Product or Products that are the subject matter of the Contract,
c. Then, by using the Editor, personalize your Design,
d. Then click “Add to cart”,
e. After checking the content, accept the Cart by clicking the “Proceed to payment” button
f. Fill in the Order form by entering the recipient’s information, including a phone number in order to allow contact with the courier, as well as the address to which the product will be delivered, and select the type of delivery (delivery method of the product, if applies to a chosen Product),
g. Enter the information for the invoice, if it is different than the recipient’s information,
h. Select one of the available payment methods and click the “Place order” button,
i. Confirm the Order by paying for it with a selected payment method.
5. Online payment is made directly on the Payment service provider’s website.
6. After online payment, the Customer will be redirected to the Website.
7. After making the payment, the Customer will receive the Order confirmation email to the email address provided in the Order. In the case of Digital products, information on how to download or obtain access to the purchased Digital product will be included in the Order confirmation.
8. Upon receiving the order confirmation by the Customer, a Contract is concluded between the Customer and the Seller:
a. in case of physical products – sales contract,
b. the case of digital products – contracts for the supply of digital content.
9. If one order includes both Digital and Physical Products, then several types of contracts will be concluded.
10. The customer declares that the information provided in the Order form is true.
§7. Information on methods and technical measures to detect and correct errors in the data entered
1. Customers have the option of correcting the Design by editing information in the Order form until the “Place order” button is pressed.
2. After pressing the “Place order” button, correction of the information or Design modification is possible up to 4 hours from the moment the Seller provides Order confirmation to the address provided by the Customer in the Order. To correct the information or modify the design the Customer must send an email message to the Seller to the address provided in §2 of Terms and Conditions or under the current telephone number available in the “Contact” tab in the Store. After that, it is not possible to edit the Order, and the Product is already in production.
3. The Seller has the right to put the Order on hold in a situation where the information provided by the Customer raises reasonable doubts as to its correctness. In this case, the Seller will immediately inform the Customer (by email) about their doubts. The Customer has the right to clarify the circumstances regarding the verification of the correctness of the information provided by them.
§8. Prices, delivery, and payment methods available
- The prices of the Products are gross prices and are indicated in the descriptions of the Products available in the Store.
- Prices are given in the following currencies: USD, EUR, CAD, AUS, GBP, MXN, JPY, INR, AED, and PLN depending on the Customer’s location at the time of placing the Order.
- The binding price for parties is the price under the Product/Service at the time of placing the Order by the Customer, in accordance with the procedure described in §7 of terms and Conditions.
- The total amount to be paid by the Customer consists of the price for the Product and the Delivery cost (if the Product requires physical delivery). The Customer is informed about it on the Store’s website while placing the Order, and at the time of agreement to conclude the contract.
- The Customer may use the following methods of Delivery of the ordered Product:
- In the case of Products that consist of the supply of digital content or providing digital service, it is the email message sent to the email address provided in the Order form, which contains information on how to download a Digital product,
- In the case of Physical products that require delivery to the Customer, it is the Shipping provider.
- The purchase of a service consisting of providing digital content or supplying the digital service does not involve any delivery fees.
- The time of delivery depends on the ordered product and is as follows:
- In case of a digital product – 1 hour
- In the case of a physical product – no longer than 30 days.
and is counted from the moment the contract is concluded.
- At the time of delivery of the parcel to the address indicated by the Customer, the Customer is obliged to examine the parcel in the time and manner indicated at this type of delivery. In a situation where the Customer has found a defect or damage to the parcel, they should perform all actions necessary to determine the carrier’s liability and request an appropriate report made by the Courier.
- The Customer can pay for their Oder by choosing one of the payment methods:
- Online transfers
- Card payment
- G Pay
- Detailed information on the available payment and delivery methods regarding particular Products can be found in the Order form.
- While concluding a contract with the Seller, the Customer agrees to receive invoices and their corrections electronically to the email address provided in the Order form, or in the email sent to the Seller.
- Digital copies of Physical products are excluded from discounts and promotions.
1. The Seller is required to provide a Product free from defects.
2. The Customer has the right to submit a complaint under warranty within two years from the date of delivery of the Product, no later than a year after the defect was found.
3. The Customer is not entitled to a complaint about the defect based on the warranty if the Customer knew about it at the time of the conclusion of the Contract.
4. The Customer submits a complaint in writing or by email to the address provided in §2 of Terms and Conditions.
5. The complaint should contain the information that can identify the Customer, the description of what the complaint applies to, and the demands. In case of incomplete information, the Seller will notify the Customer to fill them in within 14 days of receiving the notice with instructions that the failure to complete the missing information within the indicated date will close the complaint without resolution.
6. The Seller’s deadline to examine the complaint is 14 days from the date of the correctly submitted complaint. If the Seller will not respond to a correctly submitted complaint within the deadline, it means the acceptance of the complaint by the Seller.
7. If you have to determine whether the Physical product defect exists as indicated in the complaint, it is necessary to deliver the Physical product to the Seller. The seller will inform the Customer to send the Physical product to the address indicated by the Seller. In such a situation, the Customer is obliged to deliver the defective Physical product at the Seller’s expense to the address indicated by them.
8. In case of the rejection of the complaint of the Physical product, the Seller will send it to the Customer at their own expense. If the sent Physical product is not picked up by the Customer, the Seller will contact the Customer by phone or by the email address provided by the Customer in the complaint form, and inform them about the possibility of self-pickup of the Physical Product or re-shipment at the Customer’s expense. The Customer should self-pick up the Product or send a statement of a re-shipment at the Customer’s expense within 30 days. After this period, the Product mentioned in the complaint will be sent to the Seller’s logistics facility, which is entitled to charge the customer for the storage costs.
9. In case the Customer is not a Consumer or Entrepreneur, the Seller’s liability under warranty for physical defect or legal issues is excluded (Article 558§1 of the Civil Code).
10. Information on Complaints and returns can also be found on the Store’s website at: https://positiveprints.com/return-policy/
§10. The right to withdraw from the contract
- The Customer, who is a Consumer or Entrepreneur and has concluded a distance contract with the Seller, may withdraw from the sales contract without giving any reason within 14 days. In the case of Products consisting of supplying digital content or providing digital services, the deadline is determined from the date of the conclusion of the contract. In the case of Physical products, the deadline is established from the date of the delivery to the Consumer/Entrepreneur or the person indicated by them, other than the carrier that they chose to deliver the Product.
- In order to keep the deadline for withdrawal, it is sufficient for the Consumer/Entrepreneur to send information concerning the execution of the right of withdrawal before the expiry of the deadline for withdrawal from the Contract.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to:
- Service agreements, if the Seller provided the service with the explicit consent of the Consumer/Entrepreneur, and informed them beforehand that the Consumer would lose the right to withdraw from the contract;
- Agreements in which the subject matter is a custom-made item produced according to the specifications of the Consumer/Entrepreneur or to satisfy their individual needs (e.g. introducing individual content into the Design);
- Agreement for the supply of digital content that is not saved on the physical medium, if the services were provided with the explicit consent of the Consumer/Entrepreneur, before the deadline for withdrawal from the contract, and after the Seller informed them about the loss of the right to withdraw from the Contract.
- In order to withdraw from the contract, which does not include the situations listed in the previous points, the Consumer/Entrepreneur should inform the Seller about the intention to withdraw from the contract, by making a clear statement in a form of a letter sent by email or by post to the address provided in §2 Terms and Conditions.
- The Consumer and Entrepreneur may use the following form for this purpose. However, this is not mandatory. Template:
- First and Last Name:
- Date of the conclusion of the contract (digital product):
- Date of delivery of the goods (physical product):
- In case of withdrawal from the contract, the Seller shall return all payments received, no later than 14 days from the day on which the Seller was informed about the withdrawal from the Contract by the Consumer or the Entrepreneur. The Seller will make a refund by using the same payment methods that were used in the original transaction unless the Consumer/Entrepreneur explicitly agrees to another solution that will not be associated with any additional costs for them.
- In case of withdrawal from the contract in relation to only one Product from the Order covering several Products, the Seller will not reimburse the Delivery costs, if they were the same if the order did not cover the returned Product.
- The Seller may refrain from a refund until the returned Product is received or until they receive the confirmation of the return (depending on which event occurs first).
- The Consumer/Entrepreneur covers all direct costs of the return of the Physical product, including the cost of the packaging and shipping.
- The Consumer/Entrepreneur shall be responsible for reducing the value of the product resulting from using the product in a way that goes beyond the necessary to examine the nature, features, and functionality of the Product.
- In case of withdrawal from the contract in relation to a Physical product containing a Digital copy of said Product, the Consumer/Entrepreneur shall cover the full price of a Digital product, not just that of a Digital copy.
§11. Extrajudicial settlement of consumer dispute
- The Seller agrees to subject any disputes arising in relation to the concluded distance contracts by the mediation process. Details will be determined by the parties of the dispute.
- In a situation where the undertaken mediation process did not have an effect, and the Customer is not a Consumer or Entrepreneur, the court competent for all disputes regarding this type of contract is the court assigned for the Seller’s headquarters.
- The Consumer has the opportunity to use the extrajudicial ways of settlement of disputes and claims. The Consumer has the opportunity to i.e.:
a) ask the arbitration court for the resolution of the dispute arising from the concluded contract,
b) address the Regional Inspector of Commercial Inspection with a request to initiate a mediation process regarding the amicable dispute settlement,
c) use the assistance of the regional (municipal) consumer rights advisor or social organization, to which statutory tasks include consumer protection.
- The Consumer may also make a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
- The Consumer may look for more detailed information on the extrajudicial settlement of disputes and claims on the website: http://www.uokik.gov.pl
§12. Copyright and Personal Interests
- Digital content available on the Website, in particular, the content and templates available in the Editor are products and are protected by copyright. These rights are entitled to the Sellers or people that cooperate with them, and who gave the Seller appropriate licenses or provided them with propriety copyrights.
- By creating a Product design using the Editor, the Customer can enter their own content for which they are responsible. The customer is accountable to the Seller for any claims arising from the violation of intellectual property rights and the personal rights of third parties in relation to entering the content into the Editor. In case of pursuing claims against the Seller, the Customer obliges to settle the claims to the complete satisfaction of the third party and also to reimburse the Seller all the incurred costs.
- The client is forbidden to create content that is offensive, vulgar and that might violate the personal rights of other people, of a particular race, nationality, or religion. It is also not allowed to use in the designs, signs, and ideas which are legally prohibited. In this situation, the Seller may refuse to fulfill the order.
- The Customer may use the purchased Products and other content available on the website on the principle of the permitted use. This means that the Customer and Website users can use them only for their own needs.
- The Customer is not entitled to share Physical and Digital products with third parties as their own products or services for money or free of charge (a ban on distribution in any form, including digital and printed form).
- The Customer is entitled to print a copy of a Digital product for their own use, which means that it can be used for non-commercial purposes only.
- The customer that is interested in the wider use of the content and purchased Products should contact the Seller and undertake individual negotiations.
Unauthorized share of the content may result in civil and criminal liability.
§13. Personal Data and Cookies
§14. Final Provisions
- Agreements concluded by the Seller are concluded in accordance with Polish law, excluding the situation when the Customer is a Consumer whose country of residence is the Member of the European Union, and the Seller through the Store provides services to this country (e.g. using language or the currency of this country). In this situation, while placing the Order agreement is concluded in accordance with the law of the Customer’s country of residence.
- The Seller reserves the right to introduce the changes to Terms and Conditions for important reasons, i.e. changes in the law, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform about the changes 14 days before their introduction. The changes do not apply to contracts concluded before the introduction of changes to the Terms and Conditions.
- The contracts concluded before the changes introduced to the Terms and conditions shall apply the Terms and Conditions available at the date of the conclusion of the contract.
- In matters not covered in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: The Civil Code; The rights of Entrepreneurs; Act on the provision of services by electronic means; Act on Consumer Rights, the General Data Protection Regulation (GDPR) and the Personal Data Protection Act.
- Terms and conditions apply to contracts concluded from 09/01/2022.
- Archival versions of the Terms and Conditions are available in PDF format below these Terms and Conditions.
[Last updated: September 1st, 2022]