Online Store Terms and Conditions

 

https://kreatorkoszulek.pl/

operated by Kreator Koszulek Paweł Kotowski

 

§ 1

[Definitions]

Whenever these Terms and Conditions or the Agreement refer to:

1. Price – this means the value expressed in Polish zloty that the Customer is obliged to pay the Seller for the Goods or Service. The Seller will include VAT and excise tax in the Price if, under separate regulations, the sale of the Goods or Service is subject to VAT or excise tax.

2. Customer – this means a Consumer or another natural person with full or limited legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, who has placed an Order or entered into an Agreement.

3. Consumer – this means a Customer who is a natural person and enters into a legal transaction with the Seller not directly related to their business or professional activity.

4. Civil Code – this means the Act of 23 April 1964, Civil Code (Journal of Laws of 1964, No. 16, item 94, as amended).

5. Customer Account – this means an individual panel assigned to the Customer in the Online Store, available after registration and logging in, enabling the Customer to, among others, place Orders, track Order status, view Order history, and manage personal data.

6. Delivery Cost – this means the cost of delivering the Goods from the Seller to the Customer, unless such delivery is the subject of a separate Service provided by the Seller.

7. Transport Company – this means any entity external to the Seller, through which or with the help of which the Seller fulfills the obligation to deliver the Goods to the Customer.

8. Terms and Conditions – this means these Terms and Conditions of the Online Store, constituting an integral part of the Agreement. For services provided electronically, the Terms and Conditions are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).

9. Online Store – this means the website operating at https://kreatorkoszulek.pl/ run by the Seller, through which the Customer may place an Order or enter into an Agreement with the Seller.

10. Seller – this means Paweł Kotowski conducting business under the name Kreator Koszulek Paweł Kotowski, ul. Solec 83, 00-382 Warsaw, Regon: 146796566, NIP: 7231539317.

11. Goods – this means a movable item listed and described in the Online Store, which may be the subject of an Order.

12. Custom Goods – this means non-prefabricated Goods produced according to the Customer’s specifications or intended to meet their individualized needs, in particular Goods with a custom print designed by the Customer using the T-shirt creator.

13. Agreement – this means a distance sales agreement for Goods concluded between the Seller and the Customer, the subject of which are Goods offered by the Seller via the Online Store.

14. Act – this means the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

15. Order – this means the Customer’s declaration of intent, aimed directly at concluding an Agreement via the Online Store, specifying the type and quantity of Goods or Services.

§ 2

[General Provisions]

1. These Terms and Conditions define the rules for using the Online Store, in particular the rules for concluding a sales agreement for Goods between the Seller and the Customer, delivering the ordered Goods to the Customer, payment by the Customer for the purchased Goods, the Customer’s right to withdraw from the agreement, and the entitlement and rules for pursuing claims under warranty or guarantee.

2. The Online Store is operated by the Seller.

3. The Seller can be contacted via:

– telephone: +48 790 584 323,

– email: biuro@kreatorkoszulek.pl,

– post: Kreator Koszulek Paweł Kotowski, ul. Solec 83, 00-382 Warsaw.

4. Every person using the Online Store is obliged to refrain from any activity that could affect the proper functioning of the Online Store. It is forbidden to use the Online Store and the information or photos contained therein for purposes other than their intended use, including, in particular, sending unsolicited commercial information, conducting any commercial, advertising, promotional, etc. activity on or using the Online Store without the express consent of the Seller.

5. The Customer’s fee for telephone calls to the numbers provided by the Seller for contact is determined according to the tariff package of the service provider used by the Customer.

6. The information on the Online Store’s website does not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

§ 3

[Customer Account]

1. The Online Store enables Customers to create an individual Customer Account.

2. Registration of a Customer Account is voluntary and free of charge. Placing an Order does not require having a Customer Account.

3. To create a Customer Account, you must fill out the registration form available in the Online Store, providing the required personal data, and accept the Terms and Conditions.

4. After registration, the Customer gains access to the Customer Account using the login (email address) and password set during registration.

5. The Customer Account enables, in particular:

a) placing Orders with automatic completion of Customer data,

b) tracking the status of Order fulfillment,

c) viewing Order history,

d) editing the Customer’s personal and address data.

6. The Customer is obliged to keep the access data to the Customer Account confidential. The Seller is not responsible for the consequences of the Customer sharing this data with third parties.

7. The Customer may at any time resign from the Customer Account by sending an appropriate request to the Seller at biuro@kreatorkoszulek.pl.

§ 4

[Placing an Order]

1. The condition for placing an Order is that the Customer has read and accepted the Terms and Conditions.

2. Orders are placed by:

1) the Customer creating, using the Online Store’s functionalities (T-shirt creator), a T-shirt individually designed by them,

2) the Customer providing data regarding the parameters of the ordered Goods (T-shirt),

3) the Customer providing data necessary for the Seller to fulfill the Order, and then confirming the order by selecting the “Buy and pay” button.

3. The Seller offers two options for Order fulfillment:

a) Standard – fulfillment within 48 hours from the moment the payment for the Order is credited to the Seller’s account. These hours are counted only for business days.

b) Express – fulfillment within 6 business hours from the moment the payment for the Order is credited to the Seller’s account. These hours are counted only for business days. If the Express option is chosen, an additional fee of PLN 19.99 gross per each ordered item (PLN 9.99 gross per each item for orders of 5 or more items) is added to the delivery or personal pickup cost.

4. The Seller reserves the right to extend the fulfillment time, especially in the following situations:

1) production limitations, especially for orders of 20 items or more,

2) product shortages at suppliers.

The Customer will be appropriately informed of any delays and will have the option to withdraw from the Agreement. For orders of more than 20 items, the Seller recommends telephone contact to individually determine the fulfillment date.

5. During the Order placement process, at the checkout stage, the Customer is informed of the expected shipping date. By accepting the Order by selecting the “Buy and pay” button, the Customer confirms that they have read and accept the expected shipping date.

6. During the Order placement, the Customer is obliged to provide true data.

7. By placing an order containing content, in particular text, graphics, photos, or other similar items, the Customer declares that they have the legal title to them and are therefore entitled to use them.

8. Orders can be placed 24/7, every day of the year. The Seller reserves the right to temporarily suspend the operation of the Online Store, especially due to the need for maintenance or data updates.

9. The Agreement is concluded when the Customer receives an email confirming acceptance of the Order for fulfillment, under the conditions specified in the Order and in the Terms and Conditions.

10. The Seller’s acceptance of the Order will take place using the Online Store’s functionalities or by sending the Customer an acceptance of the Order to their email address.

§ 5

[Delivery of Goods]

1. The Goods are delivered to the Customer via a Transport Company or by personal pickup.

2. The Customer chooses the method of delivery by selecting the appropriate option when placing the Order. The Customer is obliged to provide in the Order form the address to which the Goods are to be delivered and handed over. The Customer is obliged to collect the Goods at the agreed place and time.

3. The Seller provides the following delivery methods:

a) InPost Parcel Lockers,

b) InPost Courier,

c) DPD Courier,

d) DPD Pickup,

e) UPS Courier,

f) Orlen Paczka,

g) DHL Courier,

h) DHL BOX,

i) Personal pickup.

To the Order fulfillment time (production), 1–2 business days should be added for delivery by the Transport Company (does not apply to personal pickup).

4. The cost of delivery via the Transport Company is borne by the Customer, unless otherwise stated on the Online Store’s website or as individually agreed between the Seller and the Customer.

5. The current delivery costs and times for each delivery method are available at:

https://kreatorkoszulek.pl/koszt-i-czas-dostawy/

6. Order fulfillment begins after the payment of the Price resulting from the Agreement and the Delivery Costs is credited.

7. If the Goods are sent via a Transport Company, it is recommended that the Customer, in the presence of the Transport Company’s employee, checks the shipment for any loss or damage to the Goods. If the Customer finds that during transport there was a loss or damage to the Goods, it is recommended to draw up a damage report in the presence of the Transport Company’s employee who delivered the goods, and if possible, take photos documenting the damage and inform the Seller.

8. In the event of an event or events not caused by the Seller, in particular force majeure, which prevent the delivery of the Goods at the indicated time and place, the delivery date may be postponed for the duration of the above-mentioned event or events.

§ 6

[Payments]

1. The Customer is obliged to pay the Price and Delivery Costs in accordance with the chosen delivery method. If the Express fulfillment option is chosen, an additional fee is added to the delivery cost in accordance with § 4 section 3 point b of the Terms and Conditions. The Customer will only be obliged to pay other additional costs individually assigned to a given Good if they are clearly informed about them before placing the Order.

2. The Seller will inform the Customer about the payment method(s) on the Online Store’s website during the Order placement.

3. If payment can be made in various ways, the choice of payment method belongs to the Customer.

4. The Seller allows the following payment methods:

a) online payment via the tpay service – including quick transfers, BLIK, and payment cards,

b) Google Pay,

c) Apple Pay,

d) traditional transfer (prepayment to the Seller’s bank account).

5. Payment of the Price is deemed made when the funds are credited to the Seller’s bank account.

§ 7

[International Sales]

1. The Seller fulfills Orders with international shipping for both individual Customers (consumers) and business Customers.

2. An individual Customer (consumer) placing an Order with delivery outside the territory of the Republic of Poland makes a purchase at Prices including Polish VAT.

3. A business Customer with an active EU VAT number, registered and verified in the VIES system (VAT Information Exchange System), may purchase Goods without Polish VAT (intra-Community supply of goods), provided that an active EU VAT number is provided when placing the Order.

4. The Seller verifies the activity of the Customer’s EU VAT number via the VIES system. In the case of negative verification, the Seller reserves the right to charge Polish VAT.

5. The Seller ships internationally to EU countries via DPD courier, and for Malta and Cyprus – via UPS courier. International delivery costs vary depending on the destination country. The current international shipping cost table is available at:

https://kreatorkoszulek.pl/koszt-i-czas-dostawy/

§ 8

[Withdrawal from the Agreement]

1. The Seller informs that, pursuant to Article 38 point 3 of the Act, the Consumer is not entitled to the right of withdrawal regulated in the Act in the case of non-prefabricated Goods, produced according to the Customer’s specifications or serving to satisfy their individualized needs. This applies in particular to Custom Goods, including Goods with a custom print designed by the Customer using the T-shirt creator available in the Online Store.

1a. With regard to Custom Goods referred to in section 1: a) cancellation of the Order is not possible after production of the Goods has started; b) the Seller is not responsible for errors in the design approved by the Customer; c) any color differences between the design displayed on the screen and the finished product, resulting from printing technology, do not constitute a defect of the Goods.

2. For Goods other than those referred to in section 1, the Consumer has the right to withdraw from the Agreement on general terms resulting from generally applicable regulations and these Terms and Conditions.

3. The Consumer may withdraw from the Agreement within 14 days and return the Goods to the Seller without giving any reason, on the terms specified in the Act and presented in the information referred to in section 4.

4. Information on how and when the Consumer may withdraw from the Agreement is included in the information on the right of withdrawal, which constitutes Appendix No. 1 to the Terms and Conditions.

5. The Consumer may exercise the right of withdrawal in the manner indicated in the information referred to in section 4. The Consumer may, but is not required to, use the template withdrawal form, which constitutes Appendix No. 2 to the Terms and Conditions. A Consumer who has withdrawn from the Agreement and returns the Goods is responsible for any reduction in the value of the Goods resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the Goods.

6. If the Seller does not propose to collect the item from the Consumer themselves, the Seller may withhold the refund of payments received from the Consumer until the Goods are received or the Consumer provides proof of their return, whichever occurs first.

7. In the event of withdrawal from the Agreement by the Consumer, the Agreement is considered not concluded. If the Consumer submits a statement of withdrawal before the Seller accepts the Order (accepts the offer), the acceptance ceases to be binding on the Seller.

8. The Consumer bears the direct costs of returning the item.

9. The refund is made no later than 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, subject to section 6.

§ 9

[Complaint Procedure]

1. The Seller is liable to the Consumer under the warranty if the sold Goods have a physical or legal defect, on the terms specified in the Civil Code.

2. If the Goods have a defect referred to in section 1, the Customer may file a complaint on the terms specified in the Civil Code.

3. A Customer who is not a Consumer is not entitled to the rights referred to in sections 1–2 above (exclusion of warranty). The exclusion of warranty does not apply to entrepreneurs with consumer rights, as referred to in Article 385(5) of the Civil Code, i.e., natural persons conducting business activity who conclude an agreement directly related to that activity, but not of a professional nature for them.

4. Complaints may be submitted to: Kreator Koszulek Paweł Kotowski, ul. Solec 83, 00-382 Warsaw or via email to biuro@kreatorkoszulek.pl or in any other legally permissible form.

§ 10

[Quality Guarantee]

1. The Seller does not provide a quality guarantee for the Goods covered by the Agreement, unless otherwise expressly stated by the Seller on the Online Store’s website in the description of the Goods covered by the Agreement.

2. The Goods covered by the Agreement may be covered by a quality guarantee provided by the manufacturer or distributor.

3. If the Goods covered by the Agreement are covered by a quality guarantee provided by the manufacturer or distributor, the Seller will inform the Customer on the Online Store’s website in the description of the Goods, also specifying the period for which the manufacturer or distributor provides the guarantee.

4. The Seller will provide the Customer with a guarantee document. The guarantor’s data, guarantee conditions, and the Customer’s rights under the guarantee are specified in the guarantee document.

5. The Seller may act as an intermediary in the exercise by the Customer of rights under the quality guarantee for the Goods covered by the Order or Agreement.

§ 11

[Analytical Tools and Marketing Activities]

1. The Seller uses analytical tools to analyze traffic on the Online Store’s website and improve the quality of services provided, in particular:

a) Google Analytics – a tool for analyzing Online Store visit statistics,

b) Hotjar – a tool for analyzing user behavior on the Online Store’s website,

c) Google Search Console – a tool for monitoring the Online Store’s visibility in the Google search engine.

2. The Seller conducts marketing campaigns using advertising tools to promote the Online Store and the Goods offered.

3. Detailed information on the processing of personal data in connection with the use of analytical and marketing tools is contained in the Privacy Policy available on the Online Store’s website. The rules for the processing of personal data, including the rights of data subjects under Regulation (EU) 2016/679 (GDPR), are set out in the Privacy Policy.

4. The Customer may give or withdraw consent to the use of cookies and analytical tools via the consent management mechanism available in the Online Store.

§ 12

[Methods of Amicable Dispute Resolution]

1. The Consumer has the option of using out-of-court methods of handling complaints and pursuing claims.

2. The Consumer may submit an application for mediation or an application for consideration of the case before an arbitration court.

3. Mediation is conducted by provincial inspectorates of the Trade Inspection and their local branches.

4. Arbitration courts include, in particular, permanent consumer arbitration courts operating at provincial inspectorates of the Trade Inspection, a list of which can be found on the website of the Office of Competition and Consumer Protection.

§ 13

[Final Provisions]

1. The Customer and the Seller are bound by the content of the Terms and Conditions in force on the date of conclusion of the Agreement.

2. The Seller provides the Customer with explanations regarding the meaning of individual provisions of the Terms and Conditions, as well as any other provisions constituting an integral part of the Agreement.

3. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code, and in relation to the Consumer also the Act.

4. The Terms and Conditions enter into force on the date of publication on the Online Store’s website.

5. Orders not collected by the Customer, including shipments returned to the Seller by the Transport Company, are stored by the Seller for a period of 3 months from the date of return of the shipment or from the date the Order was ready for collection. After this period, the Seller is entitled to dispose of the uncollected Goods. The Seller will inform the Customer of the intention to dispose of the Goods by email to the address provided when placing the Order, at least 14 days in advance.