Terms and conditions

These Regulations have been prepared pursuant to Article 8, paragraph 1, point 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).

The Regulations are made available free of charge, which ensures the possibility of familiarizing oneself with their content before concluding the agreement.

Studio Reklamy Avatar, Paweł Polakowski, Sergiusz Nowak.
05-090 Rybie, ul. Olszowa 2A, NIP: 534 20 79 303

§1. Definitions.

1. Printing house – a company under the name: “Studio Reklamy Avatar, Paweł Polakowski, Sergiusz Nowak.

05-090 Rybie, ul. Olszowa 2A, NIP: 534 20 79 303

2. Website – run by, operating at the address: http://www.avatar.pl, enabling the placing of orders for printing, printing, bookbinding, etc. services via the Internet.

3. Working days – all days of the week from Monday to Friday, excluding public holidays.

4. Order processing time – the time in which the Company prepares the order and passes it on to the carrier executing the form of delivery chosen by the Customer.

5. Delivery time – the time between issuing the shipment to the carrier and delivering the shipment to the Customer.

6. Customer – an entrepreneur, within the meaning of art. 4 of the Act of 2 July 2004 on the freedom of economic activity (Journal of Laws 2004 No. 173 item 1807 with subsequent amendments), conducting business activity in the field of marketing, promotion, advertising, printing and photography

7. Customer Account – database containing Customer data, order history, Customer preferences regarding selected Platform functionalities, payment data.

8. Civil Code – Act of 23 April 1964 Civil Code (Journal of Laws 2014 item 121 with subsequent amendments).

9. Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2013 item 1422 with subsequent amendments).

10. Act on the protection of personal data – Act of 29 August 1997 on the protection of personal data (Journal of Laws 1977 No. 133 item 883 with subsequent amendments).

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§3. Acceptance and execution of orders.

1. Information about services constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code. By placing an order by e-mail, the Client submits to the Company an offer to conclude a contract for a specific work.

2. Each payment made by the Client – with the exception of payment made upon receipt of the order – constitutes, until the confirmation of acceptance of the order for execution is sent, an advance payment for the execution of the order.

3. Confirmation of acceptance of the order for execution will be sent to the e-mail address, constituting a statement of acceptance of the offer referred to above, immediately after the Printing House has verified the possibility of fulfilling the order.

4. In order to place an order, the Customer is obliged to:
a. select the services ordered,
b. parameterize the product,
c. select the product quantity,
d. send the graphic file
e. accept the graphic file
f. select the delivery method
g. determine the payment method
h. payment: pro-forma invoice (please send the transfer confirmation to speed up the execution), upon receipt (cash or card), and in the case of permanent cooperation, invoice for transfer within 7, 14 or 21 days.

5. Confirmation of acceptance of the order for execution includes all the essential elements of the order and is made by sending an e-mail to the Customer, constituting a confirmation of acceptance of the order for execution. At this moment, the agreement between the Printing House and the Customer is considered to be concluded.

6. The Printing House is not responsible for errors made by the Customer during the ordering process. Printing errors caused by this do not constitute grounds for complaint or other claims.

7. The Printing House will start processing the order when:
a. It receives and accepts the graphic files necessary to process the order and the payment is posted to the Printing House’s bank account,
or
b. It receives and accepts the graphic files necessary to process the order, and the Customer selects the “cash on delivery” payment option (for an order value not exceeding PLN 1,000 gross)
c. It receives and accepts the graphic files necessary to process the order, and the Customer selects the “pro-forma invoice” payment option and the payment is posted to the Printing House’s bank account.

8. In the event that the order cannot be processed, the Printing House will notify the Customer of this within 2 days from the date of receipt by the Customer of confirmation of acceptance of the order for processing, referred to in § 3.5 of the Regulations. The notification will be sent to the e-mail address provided by the Customer. In the event that the Customer pays for the order referred to in the sentence above, the Printing House will return the money paid within 14 days from the date of notifying the Customer of the impossibility of processing the order. The date of return is considered to be the date of the transfer order placed by the Printing House.

9. In the event that it is impossible to complete part of the order, the Printing House is entitled to withdraw from the part of the order that cannot be completed. The Printing House shall send the declaration of withdrawal to the Customer’s e-mail address within 4 days of receiving information about the impossibility to complete part of the order. In the event that the Customer pays for the order referred to in the sentence above, the Printing House shall return part of the money paid for the unfulfilled order.

10. In the event that the Customer fails to pay within 3 days of the date of confirmation of acceptance of the order for completion, referred to in § 3.5 of the Regulations, the Printing House shall cancel the placed order, of which the Customer shall be informed via e-mail. This provision shall not apply if the Customer chooses the cash on delivery payment method.

§4. Changes to the order. Withdrawal of the order.

1. Changing or withdrawing the order is possible only if the order status is no different than:
a. waiting for payment,
b. in progress (if the Client has not sent graphic files).

2. In order to change or withdraw the order, the Client should notify the Printing House by phone or e-mail with confirmation of receipt of the message.

3. The Client who paid for the withdrawn order will receive a refund within 14 days from the date of order withdrawal at the latest. The date of refund is considered to be the date of submission of the transfer order by the Printing House.

§5. Payments and prices.

1. All prices of goods:
a. are given in Polish zloty,
b. include VAT
c. include the cost of handling the order
d. include the price of the service, together with the price of materials.
e. The price of the product/service is the EXW price as defined by INCOTERMS 2010

2. Payment can be made in the following manner, selected by the Customer:
a. online transfer,
b. payment card,
c. transfer based on a pro-forma invoice,
d. cash on delivery.

§6. Order processing time. Delivery.

1. Each product and service has an estimated order processing time. This is the time from placing the order by the Customer to forwarding the order to the carrier performing the delivery or to sending information about personal collection at the Printing House. Only Business Days are taken into account.

2. The estimated order processing time may be extended for reasons for which the Printing House is not responsible, e.g. extraordinary weather conditions. In such a situation, the Printing House is not liable for damage resulting from a delay.

3. The Printing House is not liable for damage resulting from a delay caused by the Printing House or by entities through which the Printing House performs the order and to which it entrusts the execution of the order, caused through unintentional fault, e.g.: caused by a break in the supply of electricity, telecommunications services, failure of printing machines.

4. In cases referred to in § 6.2-3 of the Regulations, the Printing House will inform the Customer about the delay immediately after the cause for the delay occurs, by e-mail.

5. Delivery time, i.e. the time between issuing the shipment to the carrier and delivering the shipment to the Customer, in the case of parcel shipments is 1 business day, and for pallet shipments up to 2 business days.

6. The order delivery date referred to in § 6.5 of the Regulations was provided based on data provided by carriers. The Printing House is not liable for damage resulting from a delay in delivery caused by the carrier.

7. The order may be delivered, at the Customer’s choice:
a) via a courier company,
b) at the Printing House’s headquarters

8. Due to the type of order, the Printing House reserves the right to exclude certain forms of delivery, about which the Customer will be informed by e-mail.

9. The order is delivered to the address indicated by the Customer when placing the order.

10. If the Customer finds that the order has been lost or damaged during transport, they are obliged to perform all actions necessary to establish the carrier’s liability, including drawing up an appropriate protocol in the presence of the carrier’s representative.

11. The Printing House is not responsible for any loss, loss or damage to the shipment occurring from its acceptance for transport until its delivery, or for any delay in the transport of the shipment.

12. The risk of accidental loss or damage to the order is transferred to the Customer at the time the order is issued to the Customer. The order is also considered to be issued to the Customer by entrusting it to the carrier, regardless of whether the carrier was indicated by the Printing House or by the Customer.

§7. Complaints.

1. The condition for accepting a complaint is to deliver the order complained about to the Printing House’s address.

2. The deadline for filing a complaint is 14 days from the date of delivery of the ordered goods.

3. The Printing House will consider the complaint within 14 days from the date of its submission by the Customer.

4. Complaints are accepted on Business Days until 3:00 p.m. Those received on a given day after this time will be considered as filed on the next Business Day.

5. If the complaint proves to be justified, the Customer may first demand the exchange of the defective order for a defect-free one or the removal of the defect. Only then, when the exchange of the defective order for a defect-free one or the removal of the defect proves impossible or involves excessive costs for the Printing House, the Customer will be able to demand a price reduction or withdraw from the contract.

6. The reduced price should be in such proportion to the price resulting from the agreement that the value of the order with the defect remains in relation to the value of the order without the defect.

7. The Customer may not withdraw from the agreement if the defect is insignificant.

8. If the complaint turns out to be unjustified, the costs incurred due to re-shipment to the Customer will be charged to the Customer.

9. Due to the specification of production machines and the printing process, the following deviations are permissible:
a. when cutting the sheet into single pieces: tolerance up to 2 mm,
b. when folding and scoring (deviation of the fold from the nominal line of its location): tolerance up to 1 mm,
c. when perforating (deviation of the perforation made from the nominal place of its location): up to 1 mm,
d. when matching colours printed one after another: tolerance up to 0.2 mm,
e. quantitative and qualitative differences of the order: not exceeding + / – 5% of the order,
f. when selective UV varnishing – matching of the drawing and varnish layer: tolerance up to 1 mm.
g. for large-format prints, slight banding that does not interfere with the reception of the graphics from a distance of more than 1 metre.

10. Studio Reklamy Avatar makes every effort to faithfully reproduce the colors contained in the designs provided by the Client to the greatest extent possible. Due to the fact that many printing machines are used in the printing process, between which there are differences in the reproduction of some colors, slight color differences may occur when printing the same design on different machines. Such a situation may occur when resuming the design for printing. These differences cannot be the basis for a complaint about the Products delivered by the Company.

§8. Personal data.

1. The Client consents to the placement of personal data in the Printing House’s database and to their processing for the purposes of establishing, activating and administering the Client’s Account, as well as fulfilling orders. Providing personal data by the Client is voluntary, but failure to consent to their processing prevents the establishment, activation and administration of the Client’s Account, as well as fulfilling orders. The Client is responsible for providing false personal data, as well as for providing personal data that he was not authorized to process.

2. The administrator of personal data, within the meaning of the Act of 29 August 1997, is Studio Reklamy Avatar, Paweł Polakowski, Sergiusz Nowak.
05-090 Rybie, ul. Olszowa 2A, NIP: 534 20 79 303

3. Personal data are protected in accordance with the Act of 29 August 1997 on the protection of personal data, in a way that prevents access by third parties.

4. In the event that the Customer expresses additional consents, their personal data will be processed by the Printing House or the Printing House’s commercial partners, in order to inform the Customer about new goods, promotions and services made available by the Printing House or its partners.

5. The Customer has the right to view personal data, supplement, update and correct it, temporarily or permanently suspend its processing and request its removal.