General Conditions of Sales and Delivery
The seller:
Seller, hereafter referred to as the Company are:
WIELKA REKLAMA
ul. Warszawska 10
98-300 Wielun
Poland
Tel: +48 43 842 43 34
E-mail: biuro@image4you.eu, office@image4you.eu
VAT: 8320002720
REGISTRATION NUMBER: 730018779
Date of business registration: 25.07.1991
General Conditions
§ 1 General Information
1. The company WIELKA REKLAMA runs an online store on the website http://www.image4you.eu (hereinafter referred to as the Website), through which it sells posters, paintings and photographs printed on: canvas, photo wallpaper, photographic paper, billboard paper, films, banners (such as backlit and blockout), PVC foam boards, Dibond, and other materials individually agreed with the customer. WIELKA REKLAMA company is the owner and administrator of http://www.image4you.eu domain, as well as a party to all contracts signed between legal and private persons wishing to purchase goods from our company.
2. All relations arising from the agreement between the Company and our customers are subject to general business conditions contained herein. Any deviations are considered only if they have been previously agreed between the Company and the customer in writing or the possibility of their use was clearly stated in the terms and conditions of the Company. Any oral agreements with the Company, its representatives or other authorized person, to be considered credible require a written confirmation. These terms and conditions, due to international business contacts of the Company, have been translated into several other languages. In case of any deviations from the original Polish text, one shall refer to the contents of the Polish text.
3. Customer agrees to provide in the order form complete and true data (including name, address of residence and delivery, etc.). If false or incorrect data have been provided, the client shall be liable for consequential damages of this fact, including the dispatch of the goods at the wrong address.
4. If any clause of these general business conditions has lost or will lose its validity, the remaining clauses will be valid without any changes.
§ 2 Purchasing
1. On the Website registration is not necessary. Purchases can be made by all customers fully capable of legal actions who correctly fill in the form of purchase and pay for the order. Customer in any situation has no right to demand access to the system of the Company. The customer agrees to demonstrate a copy of ID card on the Company request.
2. Products ordered by the customer using the online shop are treated as individual orders, since the choice of all parameters, including size, content or materials for the production of images / photos / posters is the exclusive idea of the customer and is dictated by her/his personal preferences.
3. To do the shopping in the online store, appropriate products should be selected by their size, type of material on which to print, and optionally other features. In the "Message" field all requests, comments or observations can be entered. In the next step, the purchaser must provide complete and authentic data. The customer bears full responsibility for the incorrect information. Additionally, an "invoice" option can be selected. Then the document will be issued in accordance with the data filled in by the customer. It is also possible to enter a different delivery address, in which case the client must tick and fill in appropriate fields. If the delivery address is incomplete, false or incorrect, the customer will be charged with any additional costs identified by the courier, and must reckon with the delayed delivery of the goods (e.g., due to the fact that the courier will have to determine the correct address.) If a promotional code entitling to discounts has been acquired by the client, it should be entered into the appropriate box. If the code is correct, the customer will automatically receive a discount from the previously indicated price.
4. Within one order the customer can buy up to 5 products paying for delivery only once.
5. When making purchases by http://www.image4you.eu the client must confirm acceptance of all terms and agree for the processing of her/his data for the purpose of the contract. Acceptance of the terms is also tantamount to receive commercial information, including information about discounts and news.
6. After the order is completed, the client receives an individual order number, which automatically appears after the final approval of selected products, pricing, form and address of delivery. The order number may be used to check the status of the contract at http://www.image4you.eu. Link to the order, confirming the purchase, is sent to the customer by e-mail. If the order status indicates "pending payment", the payment must be done as soon as possible, since the time of its presence in the system, and thus of visibility to the Company is 14 working days. After this period it is removed from the system and to make order the customer must repeat the procedure from paragraph 2, point 1-3.
7. Payment for orders may be done in two ways: a) transfer to account number IBAN: PL84102045640000560200696690, SWIFT: BPKOPLPW, or b) using dotpay.pl system, whose rules in Polish and English are available at http://www.image4you.eu while choosing payment option.
§ 3 The agreement
1. The paintings, posters, photographs and any other products presented on the Website or in other media are not regarded as an offer, but as an invitation for the customer to treat or bargain (invitatio ad offerendum). Purchase bids can be submitted through the online form available on the website http://www.image4you.eu. Orders are confirmed via email sent to the customer.
2. The offered goods are only model designs. Thus, the customer does not receive the original image, but only a copy prepared on a chosen medium, and according to the chosen technology. The products are printed according to individual customer orders only after receiving the receipt of payment. The customer receives a print on the basis of selected theme.
3. Any ordered item must be formed by the customer according to her/his wishes. While formulating the order, the customer confirms being familiar with the configuration possibilities concerning photos, pictures, posters, etc. The client also takes into account the final price. All prices quoted are always with VAT and without shipping costs, which are added only after selecting the appropriate option by the customer, choosing from, "self-collection (0.00 EUR)", "POLAND UPS courier (8.00 EUR)", "EU COUNTRIES courier UPS (20.00 EUR)", " OUTSIDE EU COUNTRIES courier UPS (60.00 EUR) ".
4. The date of order accomplishment may be selected by the customer. Standard orders are completed within 7 to 14 days, counting from the day after the day of order, if this day is a working day. If the next day is off from work, the order shall be deemed accepted on the first working day. Express or urgent orders are executed within 3 working days or 24 hours respectively. The order shall be deemed completed at the time of delivery, that is a direct handing-over of goods to forwarder/carrier/post office.
5. Orders placed by the customer are accepted within the current conditions and prices. The Company reserves the right to change them by putting new rates on the Website. Binding is always the price valid in the system at the time of the order transfer by the customer. The total amount includes cost of delivery and VAT applicable on the date of ordering. A customer wishing to receive a VAT invoice should select this option by filling in correct details.
6. The offer is only available at given time and at certain amount. If the quantitative offer limit or expiry date is exceeded, the customer cannot claim the right to delivery.
§ 4 Payment
1. Payment for goods can be made by bank transfer to account number IBAN: PL84102045640000560200696690, SWIFT: BPKOPLPW or through the dotpay system.
2. Payment by check or cash is not possible.
3. The company does not take any responsibility for cash sending.
4. In special cases, WIELKA REKLAMA reserves the right to accept or refuse certain forms of payment, of which the client must be informed immediately.
5. Order processing starts only after obtaining payment from a customer with a value equal to the contract. Underpayment will be reported to the customer, but realisation of the contract will start only after paying the entire amount stated in the contract. If the payment is still pending after 14 working days from date of order, the order is removed from the system.
§ 5 Delivery
1. The goods are delivered only till stock lasts. If the delivery of a product or group of products is not possible, the company will immediately inform the customers about it. If the customer has already paid for the goods, the appropriate amount will be returned immediately or after consultation with the customer, used as advance payment towards next delivery.
2. By filling out the order form the customer chooses the order fulfilment time. Possible options are: Standard (7 days), Express (3 days), Urgent (24). Customer can also purchase the image in an electronic version with the option of having it sent via e-mail. Time for execution of the contract is counted from the receipt of full payment by the company, and ends with a direct handing-over of goods to forwarder/carrier/post office. Some orders for an additional fee may be sent individually, in particular exceeding the size of a typical contract courier.
3. The goods are supplied at delivery prices specified in the online order. If the client wishes to receive an unusual package type (e.g. larger size) the option must be agreed with the Company (contact by mail or phone). Only after the mutual acceptance, the goods can be sent to the customer who agrees to pay any additional costs connected with delivery.
4. Shipping costs are added by selecting the appropriate option by the customer, that is: "self-collection (0.00 EUR)", "POLAND UPS courier (8.00 EUR)", "EU COUNTRIES courier UPS (20.00 EUR)", " OUTSIDE EU COUNTRIES courier UPS (60.00 EUR) ". In case of self-collection the client must contact the Company to establish the date and time of receipt, and inform the Company if any changes occur. Self-collection is only possible within the Company working days and hours and any other terms of receipt must be established earlier on with the company.
5. According to the guidelines for packaging, the packaging for transportation and all other wrappings for goods are non-returnable. The customer agrees to appropriately dispose of the packaging at his own expense.
6. In case of delivery of goods not fulfilling the provisions of the contract caused by the Company’s fault, the customer agrees to grant us an additional term of 14 working days from the date of return package collection by the Company. Order can only be improved within the same parameters that originally appeared in the contract. If the revised order still does not correspond to provisions of the agreement, the client has the right to terminate the contract. In other cases, the customer has no right to withdraw from the contract.
§ 6 Damages caused during transportation
1. The package must be unpacked in the courier’s presence. If the customer sees any damages in the delivered goods, must refuse goods collection and take photographs documenting the damage. The customer should also immediately contact the Company by e-mail, fax or telephone and later on send the pictures to WIELKA REKLAMA.
§ 7 Limitation of Liability
1. The Company cannot ensure trouble-free and always available connection to the web. Therefore, WIELKA REKLAMA takes no responsibility for permanent access to the online system, as well as technical and electronic errors arising during purchases, in particular caused by postponed orders setting up, in which the Company has no influence.
2. The company provides on its website links to other sites available on the network. All of these links apply to the rule: WIELKA REKLAMA firmly declares that it does not affect the appearance and content of these pages, and declares that does not treat them as the Company’s property. This statement applies to all the links and their content.
§ 8 Withdrawal from the contract
1. Withdrawal from the contract
Because the prints are made only at the customer's individual order (both in terms of size and content), the customer has no right to withdraw from the contract, if the product has no visible flaws or is consistent in terms of all parameters of the contract. If the client notes on the product any defect or failure other than damage arising from transportation, the client has the right to report a complaint within 7 days from the date of delivery by sending by e-mail or fax completed complaint form available on the Website, together with photographs depicting both the product and any damage or defect not caused by transportation.
2. Returns
If the product has visible defects not arisen in transportation, the goods must be returned within 21 working days counting from the package receipt (the date shown on the courier confirmation). The complaint can only be handled under the following condition: before the shipment of goods the customer must report a complaint within 7 days from the date of delivery by sending e-mail or fax with properly and fully completed complaint form available on the Website, together with photographs depicting both the product and any damage or defect not caused by transportation. The condition for reimbursement of costs for purchased goods is:
- Acceptance by the Company of any information contained on the form, for which the Company has 7 working days from the day following the date of receipt of the form,
- Sending back properly secured goods so that they suffer no damage during transport,
- Sending back commodity which has not been used, in the state in which the client received it;
The Company reserves the right to refuse reimbursement for purchased product or refund only a partial cost in case of: product damage caused by insufficient package protection arisen in return shipment, infringement of time limit concerning 7 working days for notification of the complaint or 21 working days for return of damaged goods. The return shipping fee will only be refunded if the customer has informed the Company about its form and cost in advance in the complaint form, and provided a proof of costs incurred.
§ 9 Warranty and complaints
1. The term of warranty is one year. In case of legal actions in which the consumer does not take part or for the purchase of second-hand products warranty is one year. Warranty period begins on the date on which the client has received the goods.
2. The company is not liable for slight deviations of goods delivered from the offered ones. In case of prints on canvas, posters and artistic images, slight deviations of colours compared to the standard motives, as well as defections from format, paper quality, material and surface are not subject to the Company’s production technology and thus are not completely avoidable. Such deviations not authorize the complaint.
3. To produce the goods offered by the Company materials generally available in the industry are used. In case of inks, prints, paints, materials, resistance to light and so on, liability applies only to the extent of average durability of these products. Prints are not waterproof without an additional action.
4. The customer agrees to report in writing (by e-mail, fax or mail) delivery complaints about faulty goods and visible defects within 7 working days from the moment of delivery.
5. Whenever the purchase of goods is a trade transaction for both parties, the customer must check goods immediately upon receipt. In case of defects, the customer should identify them straight away. If they relate to damage during transport, the client should not collect the package and follow the provisions in Section 6, Step 1. If the delivery is non-compliant with the order or relate to defects not caused by transportation, the customer should immediately report this to the Company (by phone or e-mail), having14 days to return the goods at the expense of the Company. If the customer does not report defects immediately upon receipt, the goods shall be deemed accepted.
6. Damage caused by the client’s incorrect or inconsistent operations during the installation or product use are not the basis for any claims against the Company. Actions which are incorrect or inconsistent with the agreement are specified in the information provided by the manufacturer of goods.
§ 10 Reservation of ownership
1. Delivered goods remain the property of WIELKA REKLAMA until paying the full amount.
§ 11 Data Protection
1. Customer personal data supplied to us is protected in accordance with the Polish Law of 29.08.1997 "Personal Data Protection" („O ochronie danych osobowych” Dz.U.Nr 133 item 883) so as to prevent access of third parties.
2. Customer personal data supplied to us, if it is not necessary so as to clarify, change or amend the contents of the agreement, will be used exclusively for the sake of the contract, for example to transfer the goods to the address indicated. The use of customer data for advertising, marketing, or to draw up our proposals require the consent of the customer who is able to provide it before placing an order. Such consent is given voluntarily and such declaration can be found on our website. It is also possible at any time to withdraw from the given consent.
3. Customer personal data supplied to us that are necessary to enable us to realize placed orders will be used exclusively for the implementation of purchase agreements. Customer personal data can be processed by the Company for advertising purposes, to conduct market research in order to improve our services, telecommunications, etc.
4. Any additional information can be given by the company. Refusal of consent to personal data processing, must be reported to the Company it in writing via email, fax or letter.
§ 12 Copyrights
1. The products sold by the Company are covered by worldwide copyright laws. Customer or third parties are not authorized to manufacture, distribute or reproduce the Company's products.
2. Any use of the Company product for the purpose of income is possible with the prior written consent of the Company, which is granted only for a limited time and specific purpose. If not agreed otherwise, possession of the work or transfer of property brings no additional rights for use neither income drawing, in the light of the Copyright Act. This rule applies mainly to official exhibitions.
3. Documents (photos, slides, models, etc.) made accessible by the Company may be published only with the consent of the Company together with the source www.image4you.eu.
4. In matters not covered in this paragraph, the provisions of the Act of February 4, 1994 "On Copyright and Related Rights" (Ustawa z dnia 4 lutego 1994 r „O prawie autorskim i prawach pokrewnych” DZ.U.z2006r. No. 90, item 631 z późn. zm.) are applicable.
§ 13 Final Provisions
1. Any dispute arising out of this Agreement shall be referred under the exclusive jurisdiction of the Court in Wielun.
2.In all the cases not included in these General Conditions of Sales and Delivery shall apply the provisions of the Civil Code or other laws applicable to the activities and functioning of online store.
3.The Company reserves the right to replace the General Conditions of Sales and Delivery. Any changes to the regulations are valid from the date of publication on www.image4you.eu.