Terms of Service.
This Website and functionalities rendered via this Website, are provided by the Seller (hereinafter referred to as „Packhelp”, „we”, „us”, „our”), who is the owner and the administrator of the Website.
If you have any enquiries, comments or concerns regarding this agreement or any other part of this Website or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to firstname.lastname@example.org.
The Client shall be prohibited from providing content of unlawful nature and using the Website in a way which distorts or prevents its operation.
“Account” means a service provided by electronic means; a modifiable element of the Store, created upon completion of the Registration procedure by the Client, in which Client information and documentation related to his/her Orders are stored.
“User” means an entity with full capacity to perform acts in law, the person whose name is printed on the Order.
“Business Days” means days of the week from Monday to Friday (except for statutory holidays).
“Consumer” means a natural person performing a legal transaction which is not directly related to the business or professional activity of such person, with an entrepreneur.
“Order” means a declaration of Client’s intent which directly results in conclusion of the Sales Agreement, stating relevant conditions of the Agreement; Orders may be placed by electronic means through the Website’s shopping system, 24 h a day, 7 days a week, 365 days a year, with a proviso that they shall be processed on Business Days from 9:00 to 18:00; The User may place Orders only for available Products.
“Person” means any person, firm or company.
“Price” means the price of the Products, in force at the date and time of the Order, including any promotional offer or discount then applicable; Price shall not include the costs of delivery.
“Product” means the product which the Seller is to sell in accordance with these Terms of Service; relevant properties of each Product shall be presented on a relevant subpage of the Store assigned to it.
“Sales Agreement” means a Products sales agreement, thus the Order and acceptance of the Order by the Packhelop; Sales Agreement is concluded between the Seller and the Client by means of the Website’s sale system in accordance with the provisions of these Terms of Service.
“Seller” means Packhelp Spółka z ograniczoną odpowiedzialnością, registered in the Republic of Poland, whose registered office is at ul. Julianowska 61, 05- 500 Piaseczno, Republic of Poland, entered into the entrepreneurs’ register maintained by the District Court for capital city of Warsaw, 14th Economic Division of the National Court Register under KRS number 0000587640, having tax identification numer (NIP) 123-130-81-29.
“Terms of Service” means the standard terms and conditions of rendering and using of the services in the Website set out in this document.
“Writing” means email message clearly bearing the names of the sender and the recipient, unless the Terms of Service provide otherwise.
- In order to use of the Website the User should meet following technical requirements:
- a device with the Internet connection enabling a correct display of the Store interface,
- having an installed and updated version of web browser with the latest stable version provided by the producent such as: Internet Explorer, Google Chrome, Firefox, Safari,
- blocking software is disabled scripting the above applications,
- having an active e-mail account.
Basis of Sale.
- Any variation of these Terms of Service will only bind You and the Seller if agreed in Writing between authorised representatives of the Seller and the User.
- The Seller’s employees are not authorised to make any representations concerning the Products unless confirmed by the Seller in Writing.
- In regards to the Users who are not a Consumer, by concluding any Sales Agreement and by accepting the delivery of the Product, the User confirms, that the User shall not rely on any ensurences concering the Product, which were not confirmed as mentioned above, this is in writing.
- Information included in the Website shall not constitute an information nor an offer within the meaning of the Polish Civil Code. In particular the provisions concerning offer by the electronic means of the communication shall not apply.
Account and other services provided by electronic means.
- Packhelp provides the Users with free of charge services provided by electronic means through functionalities of the Website, i.e.: interactive Products creator, interactive forms, including the Account registration form and contact form, Newsletter, the Account.
- Each of the agreements for provision of services by electronic means may be terminated by the User at any time without providing reasons, in the manner specified here or in further provisions of the Terms of Service. The agreements for provision of services by electronic means which consist in using form functionalities shall be concluded for a limited period of time, and shall be dissolved upon sending the form content to the Seller or Website, or upon ceasing to use them. The User may also resign from the services rendered by means of interactive forms through refraining from using such services.
- In order to set up an Account and gain the status of registered User, a User shall first complete the registration procedure. Upon confirming completion of the registration via the activation link sent to Your e-mail address, the agreement for provision of service of operating the Account by electronic means shall be concluded between You and the Seller for an unlimited period of time.
- In registering for an Account, You represent that you are a natural person of at least 18 years of age who can form legally binding contracts under applicable law. The User agrees to keep the user name and password confidential. The User further guarantees that the information supplied by him in the Account are true and accurate. Falsifying or omitting contact information such as a member' s name, address, and/or telephone number is not permitted. Users are also not permitted to use disconnected telephone numbers. When using this Website the User must obey all applicable international, federal, state, and local laws.
- In the course of the registration You shall set a password, which shall enable You to access the Account. Your are obliged to protect the password and may not reveal it to third persons. The Account shall be non-transferable. Your are obliged to update Account details necessary to execute the Order.
- The User may terminate the agreement for operating the Account at any time with immediate effect by sending a relevant declaration of will to the Seller. Termination shall become effective upon receipt of such declaration by the Seller.
- We may terminate the agreement for operating the Account at any time with immediate effect, in the case of gross and culpable breach of this Terms of Service by the owner of the Account.
- All Products are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
- Orders can be submitted using the form available on the Website. After placing an Order by the User, e-mail containing confirmation of the offer made by the User is sent on address indicated in the form. This confirmation does not mean the conclusion of the Sales Agreement.
- By placing the Order, the User shall make an offer to conclude the Sales Agreement concerning Product selected by him/her with the Seller upon terms and conditions as indicated by him/her in the Order. The Sales Agreement shall be concluded upon Seller’s acceptance of such offer, upon User’s receipt of the confirmation of the Order conditions and Seller’s acceptance upon terms and conditionsl, sent by the Seller in an e-mail at the address stated by the User in the Order.
- In case of the Users who are not the Consumers, the Seller reserves the right to reject any Order without the obligation to assign any reason for so doing.
- The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Products without prior notice, subject to the already submitted Orders. Products supplied may therefore differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system used by Packhelp.
- The Seller endeavours to display and describe as accurately as possible the printed colours of the Products which appear on its website, but cannot undertake to give any assurance that the colours of Products supplied will exactly match those displayed on the User's monitor.
- In the course of placing the Order, until activating the button “Order and confirm purchase” it shall be possible for the User to identify and correct errors in the Order and to modify it through the Website’s sales system.
- After that, the User may change the Order, only in the scope of the invoice, until sending the Product through direct and immediate (via phone or e-mail) contact with the Seller.
- Due to the minor Orders of the Consumers, the Order processing time submitted by the Consumers shall amount to 14 (fourteen) Business Days. The Order processing time shall not include the delivery time.
- In the case of Users other than Consumers who place numerous Orders, the Seller shall strive to execute the Order and execute the Goods within the period specified for each type of Goods. However, the time of performance depends on the type of Goods and the Seller's decision will determine whether the same type of Goods is to be merged in separate shipments. Each packaging of the Goods will be shipped separately via courier, unless otherwise indicated in the order confirmation as soon as production is completed. All delivery dates stated in the Goods are only approximate. In the case of Users who are not Consumers, the delivery time is not a provision of a material Agreement and the Seller shall not be liable for any losses or expenses incurred by the User due to the delay in delivery of the Goods, regardless of the reason.
Price, Payment and Currencies.
- In the case of the Users who are not the Consumers, Prices are clearly marked as being either inclusive or exclusive of VAT. VAT is added based on the final value of your Order, at the rate applicable to your country. The non-consumer Usershall be responsible for any other taxes applicable in the territory to which the Products are sent.
- In the case of the Consumers, Prices presented on the Website are gross prices (including all taxes, including VAT).
- Total price of the Order shall be calculated according to the choices made by the User in the Order form, in compliance with the rates indicated there. The final binding price shall be indicated to the User in the Order summary upon sending it to the Seller.
- The User may choose one of the following modes of payment: (a) transfer to the bank account of the Seller under the number: 87 1050 1025 1000 0090 8021 2658 (b) electronic payment through an external payment system PayLane, operated by PayLane Sp. z o.o. with its registered office in the Republic of Poland, Gdańsk (80-387), 6/A3 Arońska Street; (b) transfer through an external payment system PayPal operated by company PayPal (Europe) S.ar.l. &Cie, S.C.A. with its registered office in Luxembourg.
- The User is obliged to make the payment for the Order within 7 (seven) Business Days, at the latest, from the date of conclusion of the Sales Agreement.
- The User undertakes that all details provided to the Seller for the purpose of the Order and its delivery are correct and that the Seller has sufficient funds to cover the full cost of the Products ordered.
- Invoices which shall serve as proof of purchase will be delivered to the User solely by e-mail to the specified e-mail address in the Order in form of pdf file.
- The Orders shall be delivered to the European Union states.
- Deliveries shall be executed by a carrier companies as indicated in the Order.
- In the case of the Consumers the Order processing time, including the delivery time to the address indicated by the User, shall amount to no longer 20 (twenty) Business Days.
- The User must inspect the Products on delivery and, in the case where Products have been delivered by carrier, the User should sign the required proof of delivery document, collection acceptance document or write down the collection report in the case of a defective consignment.
- In the case of the Users who are not the Consumers, a signature on the document mentioned above will constitute conclusive evidence against the User of receipt of the quantity of Products indicated on that document free from any apparent defect or damage. If the Products are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the User.
- The User who is not the Consument, may not reject the Products or any part of them solely on the grounds of short delivery of an instalment.
- The Seller reserves the right to make delivery of the Products by instalments. If the Products are to be delivered in instalments, each delivery will constitute a separate Sales Agreement.
- If the User who is not a Consumer wrongfully fails to take delivery of the Products, the Seller shall be under no obligation to refund the Price.
Risk and Property.
- If the the Product shall be delivered by the Seller to the User who is a Consumer, the risk of incidental loss or damage of or to the Product shall be transferred to this User upon delivering the Product to him/her. In other cases the risk of incidental loss or damage of the Product shall be transferred to the User upon realsing the Products to the carrier.
Returns, refunds and rights of cancellation.
- The right to withdraw from Sales Agreement does not apply to the Products are a non-prefabricated item manufactured according to User’s specification or which is to satisfy his/her individualized needs.
- The Seller shall be obliged to deliver the Product to the Consumers free from defects. The Seller shall be liable against the Consumer if the Product has a physical or legal defect (warranty). If the Product is defective, then the Consumer may file a declaration on reducing the price or withdrawing from the Sales Agreement, or demand that the defective Product be replaced with one free from defects or the defect be removed.
- Warranty shall be available to the Consumers only. The Parties, the User not being a Consumer and the Seller shall exclude the warranty for defects against each other, subject to the defects disclosed upon delivering of the Product, indicated in the provision 7.6. od this Terms of Service.
- Complaints on account of warranty shall be filed to the following address: Packhelp Sp. Z o.o., ul. Kolejowa 5/7, 01-217 Warszawa. In order to facilitate the complaint procedure, the complained Product should be delivered along with the proof of purchase and complaint notice (i.e. indication of a person filing the complaint, request to handle the complaint with indication of the manner to do so and indication of the Product defect).
- The Seller shall consider the Consumer’s claim within 14 (fourteen) days. The Seller shall notify the Client on consideration of the complaint and its result in a letter sent to the address indicated by the Client in the complaint.
- The complaint procedure shall accordingly refer to the services provided by electronic means by the Seller. Complaints referring to the services provided by electronic means may also be sent at the e-mail address of the Seller: email@example.com.
Limitation of the Seller’s liability in regards to the Users who are not Consumers.
- The Seller will not be liable for short delivery or faulty Products unless a claim is notified to the Seller in writing in accordance with provision 7.4., or, where upon reasonable inspection of the Products, the User should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Products (or the part in question) or refund to the User the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the User in respect of the matters referred to in this provision.
- The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
- The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller' s obligations in connection with the use of the information provided under the contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
- This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this contract. It is up to the User to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the User or any other party associated with the User from any direct, indirect, special or other consequential damages for any use of the Website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the User' s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
- In no event will any third party marketing partner or affiliate (e.g. Facebook) have any liability whatsoever to User in connection with the services provided to Packhelp.
- Limitation of liability does not apply to the contracts made between the Seller and the User who is a Consumer.
- This website is owned by the Seller and operated by the Seller. Unless otherwise noted in this Website, Packhelp owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trade marks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Packhelp’s copyright. Additionally, the Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
- Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, except: (a) as expressly permitted by these Terms of Service; or (b) with the prior written permission of Packhelp or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
- The User agrees that as an express condition of the holding of an Account with the Seller the User shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any User who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the Website.
- Packhelp respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that You claim has been infringed; the place where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement that your claim of infringement is based on a good-faith belief;
- a statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
- The User permits the Seller to capture the Products or its graphic project graphic, including graphic design and logo, in photography (traditional or digital), as well as the User grants the Seller a royalty-free non-exclusive unlimited as to time and place license to use the logo placed on the Products (including making adaptations and modifications) in marketing materials of the Seller, including reproduction and publication of them on the website of the Seller, social media or in printed materials.
- Any notice given or made under this Sales Agreement must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this condition).
- A notice served on the Seller will be addressed as provided in provision 17.10., and on the User at the address stated on the Order, and if so addressed, in regards to the Users who are not Consumers, will be deemed to have been duly given or made as follows:
- if sent by personal delivery, upon delivery at the address of the relevant party; or
- if sent by first class post, two clear business days after the date of posting.
- The Seller and the User may notify each other of a change in their name, relevant addressee and address for the purpose of this provision and this notification will only be effective in regards to the Users who are not Consumers on:
- the date specified as the date on which the change is to take place; or
- if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
- This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Sales Agreement.
Governing law and jurisdiction.
- The Sales Agreement and the Terms of Services shall be governed by and construed in accordance with Polish law, subject to the fact that such a choice of governing law may not result in limiting or depriving the rights vested in the Consumers in accordance with the applicable provisions of law of the State of habitual residence of the Consumer.
- The Client being the Consumer may take advantage of out-of-court means of considering complaints and seeking claims, in particular he/she may refer to an arbitration court for mediation or settlement. To this end, a motion for mediation or motion for settling the case before an arbitration court shall be provided to an institution before which the proceedings will be pending. Specific information concerning access to these procedures shall be available at competent bodies, including on their websites, such as: https://uokik.gov.pl/wazne_adresy.php#faq592. The Consumer may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting his/her complaint through the EU online platform ODR available at the address: http://ec.europa.eu/consumers/odr/. If the Client refrains from taking advantage from ADR or ODR, any disputes arising out of the terms of service or sales agreements shall be settled by a court with jurisdiction over User’s country. Any disputes arising between the Seller and the Client not being the Consumer shall be referred to the court with the local jurisdiction over the registered office of the Seller.
- The Seller shall provide the Newsletter subscription service free of charge for the User who give his/her voluntary consent to this.
- In order to subscribe for the Newsletter, the Client shall undertake the following steps:
- order the Newsletter service by means of the form available on the Website, providing his/her e-mail address and sending it by activating adequate button,
- order the Newsletter service by activating adequate option upon placing the Order.
- Upon Client’s activation of the authentication link sent by the Seller to the e-mail address indicated during Client’s subscribing for the Newsletter, the Seller and the Client shall conclude the agreement for provision of the Newsletter service for unlimited period of time.
- The Client may at any time terminate the agreement for provision of the Newsletter service by deactivating his/her subscription. Resignation from the Newsletter shall be executed through a relevant deactivating link provided in the footnote of each message sent under the Newsletter.
- The consent concerning the receipt of commercial information by electronic means sent by the Seller shall be voluntary and the Client may cancel it at any time.
Amendment to the Terms of Service
- The Seller may amend these Terms of Service due to material reasons, whether legal (change of generally applicable legal provisions related to Sellers’ activity or change of the Seller’s business form) or technical (modernization of the Store infrastructure). The reason for amending the Terms of Service shall each time be indicated in the manner stated below.
- Registered Users shall be notified on any amendment to these Terms of Service by an e-mail sent 7 (seven) days before the new wording of the Terms of Service comes into effect. Unregistered Clients shall be notified on this fact in a message displayed on the Store’s homepage 7 (seven) days before the new Terms of Service come into effect. In this time the Client shall accept the Terms of Service again or refuse to accept them. In the case of the Users who are not Consumers, it shall be deemed, that the User accepted the Terms of Service, if he did not refuse to use the Website within 7 (seven) days from the date of notification on the amendment of the Terms of Service.
- Orders placed prior to the effective date of an amendment to the Terms of Service shall be processed in accordance with the to-date wording of the Terms of Service.
- These Terms of Service had been prepared in the Polish language and then translated into the English language. In the case of any discrepancies between the Polish language version and its translation, the Polish version shall prevail.
- None of the provisions of these Terms of Service may be construed as limiting the rights vested in the Consumers in accordance with the applicable provisions of law.
- If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
- The rights of the Seller and the User and remedies under the Sales Agreement are additional to and not in derogation of, any other rights and remedies they may have at law.
- If any term or provision in the contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the contract in its entirety, and the remainder of the contract shall survive with the said offending provision eliminated.
- Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the Website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
- Information on Website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the Website is accurate, complete, reliable, current, or error-free.
- A link to other websites does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the User to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
- The User agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from the User's submissions to the Website, and/or from the User' s unauthorised use of material obtained through the Website, and/or from the User' s breach of the contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the User' s use of the Website.
- In regards to any matter, in particular concerning the Website or our business activites, you may contact us via mail (by sending a letter to the address of our registered office) and via e-mail by sending a message to the following addrdess: firstname.lastname@example.org (or other address indicated in the subpage “Contact” on the Website).