TERMS AND CONDITIONS OF

§ 1

[Definitions]

Whenever these Terms and Conditions or the Contract refer to:
1. Price – shall be understood as the value expressed in Polish zloty which the Customer is obliged to pay to the Seller for the Goods or a Service. In the Price the seller shall include the value added tax (VAT) and excise tax, if under separate regulations the sale of Goods or Services is subject to value added tax or excise tax.
2. Customer – shall be understood as a Consumer or any other natural person with full or limited legal capacity, legal person or organizational unit without legal personality but with legal capacity, who has placed an Order or entered into a Contract.
3. Consumer – shall be understood as a Customer who is a natural person and who makes a legal transaction with the Seller which is not directly connected with that Customer’s business or occupational activity.
4. The Civil Code – shall be understood as the Act of 23 April 1964 The Civil Code (Journal of Laws of 1964, No. 16, item 94, with subsequent amendments).
5. Delivery cost – shall be understood as the cost of delivery of the Goods from the Seller
to the Customer if such delivery is not the subject of a separate Service provided by the Seller.
6. Transport Company – shall be understood as any entity external to the Seller, through which or with the help of which the Seller performs the obligation to issue the Goods to the Client.
7. Terms and Conditions – shall be understood as these terms and conditions of the Online Shop, constituting an integral part of the Contract. As far as services provided by electronic means are concerned, the Terms and Conditions are the regulations referred to in article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002,
No. 144, item 1204, with subsequent amendments).
8. Online shop – shall be understood as the website operating at https://kreatorkoszulek.pl/, run by the Seller, where the Customer may place an Order or conclude a Contract
with the Seller.
9. Seller – shall be understood as Paweł Kotowski conducting business activity under the name Kreator Koszulek Paweł Kotowski, ul. Solec 83, 00–382 Warszawa, Regon: 146796566, NIP: 7231539317
10. Order – shall be understood as the declaration of will of the Customer aiming directly at concluding the Contract via an Online Shop, specifying the type and number of Goods or Services.
11. Goods – shall be understood as the movable thing listed and described in the Online Store, which may be subject to an Order.
12. Contract – shall be understood as the contract for sale of Goods concluded remotely between the Seller and the Client, the subject of which are Goods offered by the Seller via the Online Shop.
13. The Act – shall be understood as the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, with subsequent amendments).

§ 2

[General provisions]

1. The Rules and Regulations define the rules of using the Online Shop, in particular, the rules of concluding the contract of sale of Goods between the Seller and the Client, delivery of ordered Goods to the Client, payment by the Client of the Price for the purchased Goods, the Client’s right to withdraw from the contract, as well as the right and rules of execution of claims under warranty or guarantee.
2. Online Shop is operated by the Seller.
3. The Seller can be contacted via:
– phone: 0048 790 584 323,
– email: biuro@kreatorkoszulek.pl,
– postal services: Paweł Kotowski, ul. Solec 83, 00–382 Warszawa
4. Any person using the Online Shop is obliged to refrain from any activity that could affect the proper functioning of the Online Shop. It is forbidden to use the Online Shop and the information or pictures contained therein for purposes other than their intended use, including, in particular, sending unsolicited commercial information, conducting any commercial, advertising, promotional etc. on the pages of the Online Shop or using them, without the express consent of the Seller.
5. The Customer’s charge for a telephone call to the telephone numbers indicated by the Seller for the purpose of contacting the Customer is determined in accordance with the tariff package of the service provider used by the Customer.
6. The information contained on the website of the Online Shop does not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

§ 3

[Placing an Order]

1. To place an Order, the Customer must be acquainted with the Terms and Conditions and accept their provisions.
2. The Order is placed when:
1.) the Customer creates an individually designed T-shirt using the functionality of the Online Shop (the T-shirt designer), 2.) the Customer provides data on the parameters of the ordered Goods (T-shirts), 3.) the Customer provides data on the Customer necessary for the Seller to process the Order and then the Customer confirms the placement of the order by clicking on the “Buy and pay” button.
3. The Seller undertakes to complete the order within:
– 48 hours from crediting his bank account with the order payment, these hours are calculated only for working days,
– 6 hours from crediting his account with the order payment, these hours are counted only for working days,
– The Seller reserves the right to extend the lead time in particular in the following situations: 1) production limitations in particular for orders of 20 pieces and more, 2) product shortages at suppliers,
– The Customer will be informed about possible delays and will have the opportunity to withdraw from the contract.
4. When placing an order the Customer is required to provide true data.
5. By placing an order containing content, especially text, graphics, photos or other similar, the Customer confirms that he has the legal title to them and is therefore entitled to use them.
6. Orders can be placed around the clock, every day of the year. Seller reserves the right to temporarily suspend the operation of the Online Shop, in particular due to the need for maintenance or updating data. The Seller, as far as technically possible, will take steps to inform about this fact on the website of the Online Shop.
7. Upon placing an Order by the Customer and its acceptance by the Seller the Contract is concluded on the terms specified in the Order and in the Regulations.
8. Acceptance by the Seller of the Order will occur using the functionality of the Online Shop or by sending by the Seller to the e-mail address of the Client acceptance of the Order.

§ 4

[Delivery of the Goods]

1. The Goods may be delivered to the Client by a Transport Company.
2. The Client selects the way of delivery of the Goods by indicating the relevant option when placing the Order. The Customer is obliged to specify the address to which the Goods are to be delivered in the Order form. The Customer is obliged to collect the Goods at a specified place and time.
3. The Cost of delivery of the Goods via Transport Company shall be borne by the Customer, unless otherwise follows from the information disclosed at the website of the Online Shop or from individual arrangements made between the Seller and the Customer.
4. The Seller’s obligation to issue the Goods to the Client arises after the payment of the Price by the Client resulting from the Contract and the Costs of delivery.
5. The cost of delivery of the Goods via Transport Company is respectively:
a. UPS courier – 19 PLN
b. Paczkomaty Inpost- 12 PLN
6. If the Goods are sent via a Transport Company, it is advised that the Customer inspects the parcel in the presence of the Transport Company employee for any loss or damage to the Goods. If the Customer sees, that in the course of transport there has been a loss or damage to the Goods, it is recommended to draw up a report of damage in the presence of the Transporting Company employee who delivered the Goods, and if possible to take photographs documenting the damage and inform the Seller about it.
7. In case of an event or events that cannot be attributed to the Seller, in particular force majeure, which prevent delivery of the Goods at the indicated time and place, the date of delivery of the Goods may be delayed by the time of occurrence of the above event or events. In such situations, the Seller shall inform the Client about the occurrence of the event or events causing rescheduling of the Goods delivery time and about the time by which the Goods delivery may be rescheduled.

§ 5

[Payments]

1. The Customer is obliged to pay the Price and Delivery Costs in accordance with the chosen method of delivery of the Goods. The Customer shall be obliged to pay other additional costs individually attributed to the Goods only if he/she has been clearly informed about them before submitting the Order.
2. The Seller shall inform the Customer about the method or possible methods of payment on the website of the Online Shop when placing an Order.
3. If it is possible to make the payment in various ways, the customer is entitled to choose the payment method.
4. The seller allows the following payment methods:
a. prepayment to a bank account
b. online payment via online payment operator, tpay
5. The payment of the Price is in effect as soon as the payment is credited to the Seller’s bank account.

§ 6

[Withdrawal from the contract]

1. The Seller informs that in compliance with Art. 38 pt. 3 of the Act, the Consumer shall not have the right to withdraw from the contract regulated by the Act, in the case of non-prefabricated Goods, manufactured to the Consumer’s specification or serving to satisfy his individual needs.
2. In case of Goods other than those referred to in paragraph 1, the Consumer shall have the right to withdraw from the Contract on general terms resulting from commonly applicable regulations and these Regulations.
3. The Consumer may, within 14 days, withdraw from the Contract and return the Goods to the Seller without specifying the reason, on terms and conditions specified in the Act, and presented in the information referred to in the paragraph.
4. For information on how and when the Consumer may withdraw from the Contract, please refer to the information on exercising the right of withdrawal attached as Annex 1 to the Terms and Conditions.
5. The consumer may exercise his/her right of withdrawal in the manner indicated in the information referred to in paragraph 4.
The Consumer may, but is not obliged to, use the model form of withdrawal declaration, which constitutes Attachment No. 2 to the Regulations. A Consumer who has withdrawn from the Contract and returns the Goods shall be liable for diminished value of the Goods resulting from their use beyond what is necessary to ascertain their nature, characteristics and functionality.
6. If the Seller does not offer to collect the returned Goods from the Consumer himself, he may withhold reimbursement of payments received from the Consumer until he has received the Goods back or the Consumer has supplied evidence of having sent them back, whichever event occurs first.
7. In the case of withdrawal from the Contract by the Consumer, the Contract shall be considered as not concluded. If the Consumer makes a statement of withdrawal from the Contract before the Seller accepts the Order (accepts the offer), the acceptance ceases to be binding on the Seller.
8. The Consumer shall bear the direct costs of returning the item.

§ 7

[Complaint procedure]

1. The Seller shall be liable to the Consumer under the warranty if the sold Goods have a physical or legal defect, under the terms set out in the Civil Code.
2. If the Goods have a defect, referred to in section 1, the Customer can make a complaint on the terms set out in the Civil Code.
3. The Customer who is not a Consumer is not entitled to the rights referred to
in sections 1-2 above (warranty exclusion).
4. Complaints may be submitted to the address: Paweł Kotowski, ul. Solec 83, 00–382 Warszawa or via email to biuro@kreatorkoszulek.pl or in any other legally accepted form.

§ 8

[Quality warranty]

1. The Seller shall not grant quality warranty for the Goods being the subject matter of the Contract, unless it is clearly indicated otherwise by the Seller at the website of the Online Shop at the description of the Goods being the subject matter of the Contract.
2. The Goods being the subject of the Contract may be covered by a quality warranty granted by the manufacturer or distributor.
3. In the event when the Goods being the subject of the Contract are covered by a quality warranty granted by the manufacturer or distributor, the Seller shall inform the Client about it on the website of the Online Shop at the description of the Goods section, specifying the period for which the manufacturer or distributor grants the warranty.
4. The Seller shall issue a warranty document to the Client. Details of the warrantor, warranty conditions and Customer’s rights under the warranty are specified in the warranty document.
5. The Seller may act as an intermediary in executing Customer’s rights under quality warranty of the Goods being the subject of the Order or the Contract.

§ 9

[Methods of conciliatory settlement of claims]

1. The Consumer shall have the possibility to file an out of court complaint and claim vindication procedures.
2. The Consumer may submit a request for mediation or an application for consideration of the matter before the arbitration court.
3. Mediation is conducted by provincial inspectorates of the Trade Inspection and their local branches.
4. Amicable courts are in particular permanent amicable consumer 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 http://www.uokik.gov.pl/wazne_adresy.php#faq596.

§ 10

[Final provisions]

1. Within a concluded Contract, the Customer and the Seller are bound by the content of the Regulations in force on the date of the Contract.
2. The Seller shall provide the Customer with explanations regarding the meaning of individual provisions of these Terms and Conditions, as well as any other provisions constituting an integral part of the Contract.
3. In matters not governed by these Terms and Conditions, provisions of Polish law shall apply, in particular the Civil Code, and in relation to the Consumer also the Act.