These Terms and Conditions define the rules for the provision of electronic services and the principles governing the conclusion and performance of agreements through the Online Store available at: https://fabrykacmyka.pl/, including the sale of products with custom printing (marking) made to the Customer’s order.
The Store is owned by:
FABRYKA CMYKA NICIAK SPÓŁKA JAWNA, with its registered office in Bydgoszcz, ul. Rynkowska 1 (85-503), entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000762538, Tax Identification Number (NIP): 9671424370, REGON: 382027796.
Seller’s contact details:
- e-mail: pawel.niciak@fabrykacmyka.pl
- telephone: +48 605 078 112
- correspondence and returns address: ul. Rynkowska 1, 85-503 Bydgoszcz, Poland
- contact form: available on the Store’s website at: https://fabrykacmyka.pl/kontakt/
§1 Definitions
Seller – FABRYKA CMYKA NICIAK SPÓŁKA JAWNA, with its registered office in Bydgoszcz, ul. Rynkowska 1 (85-503), entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000762538, Tax Identification Number (NIP): 9671424370, REGON: 382027796.
Customer – any entity (Consumer, Entrepreneur with Consumer Rights, or Entrepreneur) entering into or intending to enter into an agreement with the Seller through the Store; also referred to as a User.
Store – the online store operated by the Seller at: https://fabrykacmyka.pl/.
Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to their business or professional activity.
Entrepreneur with Consumer Rights – a natural person concluding an agreement directly related to their business activity, where it follows from the content of that agreement that it is not of a professional nature for that person, particularly in light of the scope of business activity disclosed in the Central Registration and Information on Business (CEIDG).
Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in its own name, using the Store for purposes related to such activity and of a professional nature.
Product – a movable item included in the Store’s assortment (in particular clothing and promotional items).
Printing Service – a service offered by the Seller consisting of applying graphics, text, or other markings to a Product using a selected technique (including screen printing, DTF printing, reflective printing, etc.), in accordance with the specification (design) provided or approved by the Customer.
Custom Printed Product – a Product with a Printing Service, manufactured according to the Customer’s specifications (e.g., logo, graphic design, text, color selection, or print placement).
Account – a set of Customer resources within the Store, enabling the use of selected functionalities and access to Customer data and order history. The functionalities of the Account are described in detail in these Terms and Conditions.
Agreement – an agreement concluded between the Customer and the Seller, the subject matter of which is a Product or a Custom Printed Product.
Business Day – any day from Monday to Friday, excluding public holidays.
Terms and Conditions – these Terms and Conditions of the Store.
Registration Form – an electronic form used to create an Account in the Store.
§2 Preliminary Provisions
- The Store available at https://fabrykacmyka.pl is operated by the Seller and is intended for adult Consumers, Entrepreneurs with Consumer Rights, and Entrepreneurs.
- These Terms and Conditions set out the rules for using the Store, concluding Agreements, and the provision of electronic services.
- The Seller provides Customers with these Terms and Conditions free of charge prior to the conclusion of an agreement and enables Customers to obtain, reproduce, and store their content. The Terms and Conditions are continuously available on the Store’s website.
- The Customer is obliged to comply with the provisions of these Terms and Conditions from the moment of their acceptance and to use the Store in accordance with applicable law.
- The Store is operated in Polish and English.
- Communication with Customers is conducted in Polish or English. Customers may communicate with the Seller using the contact details and telephone numbers provided above. Customers may contact the Seller by telephone on Business Days between 9:00 a.m. and 5:00 p.m. Use of means of distance communication shall not result in costs exceeding those charged by the Customer’s telecommunications operator.
- The Seller designates a contact point for the purposes of Regulation (EU) 2022/2065 (Digital Services Act, “DSA”), enabling direct communication in the languages specified in point 6 above with Member State authorities and Customers at the following e-mail address: pawel.niciak@fabrykacmyka.pl.
- The provisions of these Terms and Conditions do not exclude or limit any rights granted to Consumers and Entrepreneurs with Consumer Rights under mandatory provisions of applicable law.
§3 Technical Requirements and Electronic Services
- The following are required for the proper operation of the Store: a device (e.g., a computer or mobile phone) with Internet access and a web browser (e.g., Google Chrome, Mozilla Firefox, Microsoft Edge, Safari, or Opera), as well as an active e-mail account. The Store operates using standard, widely supported technologies and does not require the use of the latest browser version (although use of the current version or one of the two previous versions is recommended).
- Use of the Store as an electronically supplied service does not involve any specific risks other than the general risks associated with using the Internet.
- The Seller may temporarily restrict access to the Store or selected electronic services where necessary to carry out technical, maintenance, or security-related work on IT systems. Whenever possible, the Seller will provide advance notice of planned interruptions.
- The Seller provides electronic services including maintaining an Account, enabling the placement of orders and requests for quotations within the Store, and providing access to the contact form, newsletter, and other functionalities available on the website.
- Customers may browse the Store’s assortment without creating an Account. Placing an order for a Product or submitting an inquiry regarding a Custom Printed Product is possible either after creating an Account or without registration (guest checkout).
- Customers are prohibited from providing any unlawful content.
- Customers may submit complaints regarding electronic services provided by the Seller, in particular concerning the maintenance of an Account, the operation of the Store, or the ordering process. Complaints may be submitted in writing or electronically using the Seller’s contact details provided in these Terms and Conditions. The Seller shall review the complaint without undue delay, and no later than within 14 days of its receipt.
§4 Account
- The creation and maintenance of an Account in the Store are free of charge. The Seller enables the creation of either a Consumer Account or a Business (B2B) Account.
- An Account is created by completing the Registration Form, which requires:
- for a Consumer Account: providing an e-mail address and creating a password;
- for a Business (B2B) Account: providing an e-mail address, company name (business name), tax identification number (VAT/Tax ID), address, and creating a password.
- If an Account is created on behalf of a legal entity or an organizational unit without legal personality, the person registering the Account must be duly authorized to act on behalf of that entity, including in particular to conclude the Account agreement, place orders, accept quotations, and perform any other activities related to the use of the Store.
- Upon completion of the Registration Form and acceptance of these Terms and Conditions, the Customer creates an Account and enters into an agreement with the Seller for the provision of electronic services. The Customer will receive an e-mail confirmation of the Account creation and the conclusion of the agreement at the e-mail address provided during registration.
- Access to the Account requires the use of login credentials created by the Customer during registration. The Customer is responsible for maintaining the confidentiality of their password and must not disclose it to third parties.
- Account registration in the Store is voluntary and free of charge. The agreement for maintaining an Account is concluded for an indefinite period.
- A Business (B2B) Account enables the Customer, in particular, to:
- view order history and information regarding order fulfillment;
- submit quotation requests concerning Products and Printing Services offered by the Seller;
- correspond with the Seller’s representatives;
- upload files necessary for preparing quotations, designs, and fulfilling orders;
- download files made available by the Seller, including designs, visualizations, quotations, and other materials related to order fulfillment;
- place orders and accept quotations presented by the Seller;
- manage Account information, including business details, delivery addresses, and billing addresses;
- provide and update Customer information, including the details of contact persons authorized to cooperate with the Seller in connection with order fulfillment.
- A Consumer Account enables the Customer, in particular, to:
- view order history and information regarding order fulfillment;
- submit quotation requests concerning Products and Printing Services offered by the Seller;
- correspond with the Seller’s representatives;
- upload files necessary for preparing quotations, designs, and fulfilling orders;
- download files made available by the Seller, including designs, visualizations, quotations, and other materials related to order fulfillment;
- place orders and accept quotations presented by the Seller;
- manage Account information, including delivery addresses.
- The Customer is responsible for the content, legality, and quality of files and other materials uploaded through the Account.
- The Customer is required to use the Account in accordance with its intended purpose and to refrain from uploading or transmitting content that is unlawful, contrary to public morals, infringes the rights of third parties (including copyright, image rights, or personal rights), or may interfere with the operation of the Store, including content containing malware or intended to compromise the security of IT systems.
- Files uploaded by the Customer shall be stored within the Account for a period of 30 days from the date of their upload or availability. The Customer may delete uploaded files before the expiry of this period. After the expiration of this period, the files may be automatically and permanently deleted.
- The Seller reserves the right to remove Customer files that are not compliant with these Terms and Conditions, in particular with point 10 above.
- The Customer represents and warrants that they possess all rights, permissions, and consents necessary to use and provide the logos, graphics, photographs, and other materials submitted to the Seller for the production of a Custom Printed Product. The Customer grants the Seller a non-exclusive, royalty-free license to use such files to the extent necessary for preparing designs, performing the Printing Service, fulfilling orders for Custom Printed Products, and handling complaints.
- The Customer may, at any time, free of charge and without being required to provide a reason, delete the Account by submitting a request for its deletion to the Seller by electronic means or in writing. Submission of such a request shall constitute termination of the agreement for the provision of electronic services.
- If the Customer does not use their Account for more than two years, the Seller may contact the Customer using the e-mail address associated with the Account and request that they log in to the Store at least once within 30 days. If the Customer fails to do so, the Seller shall be entitled to terminate the agreement and subsequently delete the Customer’s Account.
- The Seller may block or delete a Customer’s Account if the Customer materially breaches applicable law or these Terms and Conditions and fails to comply with a prior notice from the Seller requesting cessation of such breach. In such a case, the Seller shall terminate the electronic services agreement with immediate effect.
- Any person may report Customer content considered illegal by sending a notification to the contact address specified in these Terms and Conditions. The notification should include:
- a sufficiently substantiated explanation of why the content is considered illegal;
- a clear indication of the exact location of the content (e.g., a link or file identifier), and, where necessary, additional information enabling identification of the allegedly illegal content;
- name (or business name) and e-mail address of the reporting party, except in the case of reports relating to potential sexual offences;
- a statement confirming the reporting party’s good-faith belief that the information and allegations contained in the report are accurate and complete.
- If the report contains contact details of the reporting party, the Seller shall promptly acknowledge receipt of the report. The Seller shall also, without undue delay, notify the reporting party of its decision regarding the reported information and provide information about available appeal procedures.
- The Seller shall process all reports in a timely, diligent, objective, and non-arbitrary manner, in accordance with Article 16 of the Digital Services Act (DSA).
- If Customer content is removed, or an Account is blocked or deleted because the content is considered illegal or in breach of these Terms and Conditions, the Seller shall provide the Customer with a clear and specific statement of reasons in accordance with Article 17 of the DSA. Such statement shall include, among other things, the measure taken and its duration, the facts and circumstances on which the decision was based, and the legal basis or provision of these Terms and Conditions that was breached.
§5 Products, Delivery and Payments
- The Store offers Products as well as Custom Printed Products, i.e. Products to which a Printing Service has been applied and configured through the Store (including the selection of printing technique, print locations, number of colours, and print run quantity).
- The total (final) amount payable by the Customer includes:
- the price of the Product or the Custom Printed Product, including the cost of the Printing Service; and
- delivery costs, the amount of which is presented to the Customer before the order is placed (including, among others, in the “Delivery Costs” section) and at the moment the Customer expresses their intention to be bound by the Agreement. Delivery of the Product to the Customer is subject to a charge unless otherwise provided in the Agreement.
- Prices and delivery costs in the Store are displayed in Polish zloty (PLN) and euro (EUR). Prices presented to Consumers are gross prices (including VAT). For Entrepreneurs, prices may be displayed as net amounts.
- The Seller may offer individual discounts and promotional codes in accordance with the terms specified in the Store.
- In the event of a price reduction, the Seller shall also display, alongside the reduced price, the lowest price at which the Product was offered during the 30-day period preceding the introduction of the price reduction.
- The Seller provides the following delivery methods:
- Personal collection from the Seller’s warehouse at: ul. Rynkowska 1, 85-503 Bydgoszcz, Poland;
- Courier delivery.
- The Seller provides the following payment methods:
- Bank transfer directly to the Seller’s bank account:
ING Bank Śląski Account No.: 07 1050 1139 1000 0090 3171 6245
EUR Account No.: 40 1050 1139 1000 0090 8120 0298
SWIFT: INGBPLPW
- Payment methods provided by PayPro S.A. (Przelewy24) – for Products without custom marking
- Detailed and up-to-date information on delivery and payment methods is available on the relevant pages of the Store.
- For orders paid by the Customer by bank transfer or payment card, processing shall commence upon confirmation that the payment has been credited to the Seller’s account.
- Products are delivered within the territory of the European Union.
- Upon receiving a Product, the Customer should check whether the shipment has been damaged during transport. In the event that damage is identified, the Customer may request that the carrier prepare a damage report. Failure to prepare such a report shall not exclude or limit any rights granted under mandatory provisions of applicable law.
- The Seller shall supply Products and Custom Printed Products free from defects and shall be liable for the conformity of its performance with the Agreement, subject to the mandatory provisions of applicable law and these Terms and Conditions.
§6 Products
- The Seller offers, among other things, Products available in the Store without custom marking or personalization.
- For each Product, the Seller provides an illustrative image and information concerning the main characteristics of the Product (including colour, size, material), price, availability, estimated processing time, and other relevant features.
- To place an order for a Product, the Customer must:
- select the Product and its variant, and then add it to the cart or proceed directly to checkout;
- provide the recipient’s details and delivery address;
- select the preferred delivery and payment method;
- accept these Terms and Conditions;
- confirm the order by clicking the button labelled “Order and Pay” (or an equivalent button).
- The sales Agreement between the Customer and the Seller is concluded upon the Customer placing an order through the Store. The Seller promptly confirms receipt of the order and accepts it for fulfilment.
- The Seller confirms receipt of the order by sending an e-mail to the Customer at the e-mail address provided during the ordering process. The sales Agreement between the Customer and the Seller is concluded when the Customer receives this e-mail.
- Upon receipt of payment, the Product will be dispatched or made available for personal collection within the timeframe specified in its description and in accordance with the delivery method selected by the Customer.
- The Customer shall be informed without undue delay of any extension of the order processing time resulting from circumstances beyond the Seller’s control and shall have the right to cancel the order without incurring any costs.
§7 Custom Printed Products
- Custom Printed Products are manufactured in accordance with the specifications provided by the Customer, including in particular the type of Product, marking technique, marking content or design, placement of the marking, quantity, and other parameters affecting the fulfilment of the order.
- To submit a quotation request for a Custom Printed Product, the Customer must:
- select the Product and its variant and define the parameters of the Printing Service using the functionalities available in the Store;
- provide the recipient’s details and delivery address;
- select the preferred delivery and payment method;
- accept these Terms and Conditions;
- submit a quotation request through the Account or by any other means of communication made available by the Seller.
- The Customer shall provide the Seller with all information and materials necessary for preparing a quotation and fulfilling the order, including in particular files and guidelines relating to the marking.
- The Customer represents and warrants that it holds all rights, permissions, and consents necessary to use the logos, graphics, photographs, and other materials provided to the Seller for the purpose of producing a Custom Printed Product. The Customer grants the Seller a non-exclusive, royalty-free licence to use such files to the extent necessary for preparing designs, performing the Printing Service, fulfilling orders for Custom Printed Products, and handling complaints.
- The Seller shall review the information provided and, where necessary, request additional information from the Customer. The Seller shall then present the Customer with a quotation containing at least the price of the Custom Printed Product, the scope of the services to be provided, including the agreed details of the Printing Service, the estimated completion date, and the conditions for fulfilling the order. The Seller may also provide the Customer with a design, visualization, or other representation of the marking for review and approval.
- The Customer’s acceptance of the quotation referred to in point 5 and placement of an order shall constitute a declaration of intent to conclude the Agreement. A Customer holding an Account in the Store may accept the Seller’s quotation by using the button labelled “Accept Quotation” (or an equivalent button). A Customer purchasing as a guest shall accept the quotation and place the order by e-mail.
- The sales Agreement for a Custom Printed Product shall be concluded upon the Seller’s receipt of the Customer’s acceptance of the Seller’s quotation and placement of the order. The Seller shall confirm the conclusion of the Agreement and acceptance of the order for processing by e-mail or through the Customer’s Account.
- After the Agreement has been concluded, any change to the design, marking parameters, quantity, or other material elements of the order may require a revised quotation and the Customer’s acceptance of the updated terms.
- Upon receipt of payment by the Seller, the Custom Printed Product will be manufactured and dispatched or made available for personal collection within the timeframe specified in its description and in accordance with the delivery method selected by the Customer.
§8 Right of Withdrawal
- A Consumer or an Entrepreneur with Consumer Rights may withdraw from a sales Agreement for a Product within 14 days without giving any reason. The withdrawal period begins on the day on which the Product is taken into possession by the Consumer, the Entrepreneur with Consumer Rights, or a third party indicated by them other than the carrier.
- A Consumer or an Entrepreneur with Consumer Rights may withdraw from the Agreement by submitting a statement of withdrawal to the Seller, for example by post to the Seller’s registered address or electronically to the Seller’s e-mail address. The statement may be submitted using the form attached as Appendix No. 1 to these Terms and Conditions. To comply with the deadline, it is sufficient to send the statement before the withdrawal period expires.
- If the withdrawal statement is submitted electronically, the Seller shall promptly send confirmation of receipt of the withdrawal statement to the Consumer or Entrepreneur with Consumer Rights at the e-mail address provided by them.
- In the event of withdrawal, the Agreement shall be deemed not to have been concluded.
- The Seller shall promptly, and no later than within 14 days of receiving the withdrawal statement from the Consumer or Entrepreneur with Consumer Rights, reimburse all payments made by them, including the costs of delivery of the Product.
- The Seller shall reimburse payments using the same method of payment that was used by the Consumer or Entrepreneur with Consumer Rights, unless they have expressly agreed to a different method of reimbursement that does not incur any costs for them.
- Unless the Seller has offered to collect the Product itself, the Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur with Consumer Rights until the Product has been returned or proof of its return has been provided, whichever occurs first.
- If the Consumer or Entrepreneur with Consumer Rights has chosen a method of delivery other than the least expensive standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the additional costs incurred.
- The Consumer or Entrepreneur with Consumer Rights shall return the Product to the Seller without undue delay and, in any event, no later than 14 days from the date on which they withdrew from the Agreement, unless the Seller has offered to collect the Product itself. The deadline is met if the Product is sent back before the expiry of the 14-day period.
- The Consumer or Entrepreneur with Consumer Rights shall bear only the direct costs of returning the Product.
- The Consumer or Entrepreneur with Consumer Rights shall be liable for any diminished value of the Product resulting from use of the Product beyond what is necessary to establish its nature, characteristics, and functioning.
- The right of withdrawal shall not apply to a Consumer or Entrepreneur with Consumer Rights in relation to agreements for Custom Printed Products, i.e. non-prefabricated goods manufactured according to the specifications of the Consumer or Entrepreneur with Consumer Rights.
- The Seller informs the Consumer or Entrepreneur with Consumer Rights about the absence of the right of withdrawal before they become bound by the Agreement.
§9 Non-Conformity of Goods with the Agreement, Complaints, and Statutory Warranty
- The Seller shall be liable to the Consumer or Entrepreneur with Consumer Rights for any lack of conformity of a Product or a Custom Printed Product with the Agreement that exists at the time of delivery and becomes apparent within two years from that date, unless the usability period of the goods specified by the Seller, its legal predecessors, or persons acting on their behalf is longer. For the purposes of this Section, the term Product shall also include Custom Printed Products, unless a given provision expressly provides otherwise.
- If the Product is not in conformity with the Agreement, the Consumer or Entrepreneur with Consumer Rights may request that the Product be repaired or replaced.
- The Seller may replace the Product if the Consumer or Entrepreneur with Consumer Rights requests repair, or the Seller may repair the Product if the Consumer or Entrepreneur with Consumer Rights requests replacement, where bringing the Product into conformity with the Agreement in the manner chosen by the Consumer or Entrepreneur with Consumer Rights is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement.
- The Seller shall carry out the repair or replacement within a reasonable time from the moment it is informed by the Consumer or Entrepreneur with Consumer Rights of the lack of conformity and without significant inconvenience to the Consumer or Entrepreneur with Consumer Rights, taking into account the nature of the goods and the purpose for which they were purchased. The Seller shall bear the costs of repair or replacement, including in particular postage, transport, labour, and materials.
- The Consumer or Entrepreneur with Consumer Rights shall make the Product available to the Seller for repair or replacement. The Seller shall collect the Product from the Consumer or Entrepreneur with Consumer Rights at its own expense.
- The Consumer or Entrepreneur with Consumer Rights shall not be required to pay for the ordinary use of a Product that has subsequently been replaced.
- If the Product is not in conformity with the Agreement, the Consumer or Entrepreneur with Consumer Rights may submit a declaration requesting a price reduction or withdrawal from the Agreement where:
- the Seller has refused to bring the Product into conformity with the Agreement in accordance with point 3 above (by means of repair or replacement);
- the Seller has failed to bring the Product into conformity with the Agreement in accordance with points 4-5 above;
- the lack of conformity of the Product with the Agreement persists despite the Seller having attempted to bring the Product into conformity with the Agreement;
- the lack of conformity of the Product with the Agreement is of such significance as to justify a price reduction or withdrawal from the Agreement without first resorting to the remedies specified above;
- it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without significant inconvenience to the Consumer or Entrepreneur with Consumer Rights.
- The reduced price must be proportionate to the difference between the value of the Product not in conformity with the Agreement and the value of a Product in conformity with the Agreement.
- The Seller shall reimburse the Consumer or Entrepreneur with Consumer Rights for any amounts due as a result of exercising the right to a price reduction without undue delay and no later than within 14 days from receipt of the declaration requesting the price reduction.
- The Consumer or Entrepreneur with Consumer Rights may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is minor (lack of conformity of the goods with the agreement is presumed to be material).
- If the lack of conformity with the Agreement concerns only certain Products supplied under the Agreement, the Consumer or Entrepreneur with Consumer Rights may withdraw from the Agreement only in respect of those Products and any other Products purchased together with the non-conforming Products, where it cannot reasonably be expected that the Consumer or Entrepreneur with Consumer Rights would agree to retain only the Products that conform to the Agreement.
- In the event of withdrawal from the Agreement, the Consumer or Entrepreneur with Consumer Rights shall promptly return the Product to the Seller at the Seller’s expense. The Seller shall refund the price without undue delay and no later than within 14 days from receipt of the Product or proof that it has been returned.
- The Seller shall make the refund using the same payment method used by the Consumer or Entrepreneur with Consumer Rights unless the Consumer or Entrepreneur with Consumer Rights has expressly agreed to a different method of refund that does not involve any costs.
- The Consumer or Entrepreneur with Consumer Rights may withhold payment of the price until the Seller has fulfilled its obligations under points 3-13 above.
- With respect to Entrepreneurs, the Seller’s liability under the statutory warranty for physical and legal defects of Products and Custom Printed Products is excluded. This exclusion of the statutory warranty shall not apply in cases where liability cannot be excluded or limited under mandatory provisions of applicable law.
- Complaints regarding the lack of conformity of the Product with the Agreement, and any other complaints may be submitted in writing or electronically to the Seller’s contact details specified in these Terms and Conditions. A complaint may include the Customer’s identification details (full name or company name), e-mail address or correspondence address, order number, subject of the complaint, and the circumstances justifying the complaint.
- The Seller shall respond to a complaint without undue delay and, where the Customer is a Consumer or an Entrepreneur with Consumer Rights, no later than within 14 days. If the Customer is a Consumer or an Entrepreneur with Consumer Rights and the Seller fails to respond to the complaint within 14 days, the complaint shall be deemed justified.
- If a Product is covered by a warranty, information regarding its terms and conditions will be available in the Product description in the Store. The Seller will also provide a warranty document with the Product where applicable.
§10 Out-of-Court Complaint Handling and Dispute Resolution
- Consumers may make use of out-of-court methods of handling complaints and pursuing claims, in particular through a permanent consumer arbitration court, the Regional Inspector of the Trade Inspection Authority, a district (municipal) consumer ombudsman, or consumer protection organizations.
- Information regarding the possibility of using out-of-court complaint handling and dispute resolution procedures, as well as the rules governing access to such procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, consumer protection organizations, Regional Inspectorates of the Trade Inspection Authority, and on the websites of the Office of Competition and Consumer Protection (UOKiK): https://uokik.gov.pl/en and https://uokik.gov.pl/en/help-for-consumers.
§11 Personal Data
- The Seller is the controller of the Customers’ personal data.
- The rules governing the processing of Customers’ personal data are set out in the Privacy Policy.
§12 Final Provisions
- The Seller may amend these Terms and Conditions for justified reasons, in particular due to changes in applicable law directly affecting the content of the Terms and Conditions, organizational changes concerning the Seller (e.g. changes to the Seller’s details, including address details), or changes to the functionality of the Store (e.g. the introduction of new delivery or payment methods).
- Any amendment to these Terms and Conditions shall become effective 14 days after the new version has been sent to Customers at the e-mail addresses provided during registration. If the Customer does not agree to the amended Terms and Conditions, they may terminate the agreement under the conditions specified in §4 of these Terms and Conditions.
- In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular the Polish Civil Code, the Act on the Provision of Electronic Services, and the GDPR.
- If any provision of these Terms and Conditions is held to be invalid, void or unenforceable by a final court judgment or a decision of a competent authority, the remaining provisions shall remain in full force and effect.
- The appendices to these Terms and Conditions form an integral part thereof.
Appendix No. 1 – Model Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the Agreement.)
Addressee:
FABRYKA CMYKA NICIAK SPÓŁKA JAWNA
ul. Rynkowska 1
85-503 Bydgoszcz, Poland
E-mail: pawel.niciak@fabrykacmyka.pl
I/We (*) hereby give notice that I/we (*) withdraw from the sales agreement of the following goods (*)/ the supply agreement of the following goods (*) / the agreement for work consisting of the manufacture of the following goods (*) / the agreement for the provision of the following service (*):
………………………………………………………………………………………………..
Date of conclusion of the agreement/ receipt of the goods (*):
…………………………………………
Name(s) of consumer(s):
…………………………………………
Address of consumer(s):
…………………………………………
Signature of consumer(s) (only if this form is submitted on paper):
…………………………………………
Date:
…………………………………………
(*) Delete as appropriate.
Appendix No. 2 – Information on the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this Agreement within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you, or a third party other than the carrier and indicated by you, have taken possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this Agreement by means of an unequivocal statement (for example, a letter sent by post or e-mail to the addresses specified in the Terms and Conditions).
You may use the model withdrawal form; however, this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this Agreement, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this Agreement.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever occurs first.
Please send back or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from this Agreement. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling them in a manner other than what is necessary to establish their nature, characteristics, and functioning.
