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Regulations of the online shop
§ 1 Introductory provisions
1. The AGRAF online shop, available at the internet address agraf.net.pl, is run by the company Agraf Rafał Sadowski, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP (Tax ID No.) 739-150-91-76 REGON (Business ID No.) 510629772
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Shop and define the rules for using the Online Shop as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Shop. Some provisions of the regulations may provide otherwise and may only be addressed to consumers or entrepreneurs.
§ 2 Definitions
1. Consumer - a natural person concluding an agreement with the Seller as part of the Shop, the subject of which is not directly related to its business or professional activity.
2. Seller - a natural person running a business under the name Agraf Rafał Sadowski entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP (Tax ID No.) 739-150-91-76 REGON (Business ID No.) 510629772
3. Customer - each entity making purchases through the Shop.
4. Entrepreneur - a natural person, legal person and organisational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that the Shop uses.
5. Shop - an online shop run by the Seller at the internet address agraf.net.pl
6. Distance contract - agreement concluded with the Customer as part of an organised system of concluding distance contracts (as part of the Shop), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
7. Regulations - these Shop regulations.
8. Order - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
9. Account - customer account in the Shop, it contains data provided by the customer and information about orders placed by them in the Shop.
10. Registration form - a form available in the Store that allows you to create an Account.
11. Order form - an interactive form available in the Shop that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart - an element of the Shop’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product - a movable item / service available in the Shop which is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Shop. The Sales Agreement also means - according to the Product features - an agreement for the provision of services and an agreement for specific work.
15. Labelled Product - a labelled product is any product manufactured on the customer's individual request, or with an individual print, embroidery, or other labelling resulting in individuality and, consequently, the inability to sell to another customer.
16. Quantitative Complaints - a quantity complaint is a shortage or surplus of goods found after delivery within 48 hours.
17. Damaged Goods - damaged goods are goods that do not have signs of use, with obvious defects.
18. Apparent Defects - an apparent defect is one that can be found after careful examination of the product.
19. Hidden Defect - is considered to be one that is revealed during proper use.
20. Proper Use - means following the regulations included on the product tag and not using it in extreme conditions that may cause its faster wear.
21. Colour differences - this is a difference resulting from the different materials used or different deliveries of the same assortment.
22. Processed goods - a processed product is an assortment that has undergone any secondary processing. Such goods are not subject to complaint, unless there are hidden defects. Differences in shades in colour are not a defect and will not be considered as the basis for a complaint about processed goods.
23. Product properties - individual types of materials used to make products are characterised by appropriate physical properties. Thanks to the correct use of the products, the material is subject to gradual wear, in line with the standards.
§ 3 Contact with the Shop
1. Seller’s address: ul. Sielska 14b, 10-802 Olsztyn
2. Seller’s email address: [email protected]
3. Seller’s telephone number: +48 89 527-34-74
4. Seller’s bank account details: IBAN number: PL 20 2030 0045 1110 0000 0046 7770, bank name: BGŻ BNP Paribas, Swift: PPABPLPK
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
6. The customer may communicate by phone with the Seller from Monday to Friday between 8 am and 4 pm
§ 4 Technical requirements
To use the Shop, including viewing the Shop’s assortment and placing orders for Products, you need:
1. a device with access to the Internet and a web browser
2. an active email account,
3. enabled cookies.
§ 5 General information
1. The administrator of personal data processed in connection with the functioning of the company is Agraf. Personal data is processed for purposes, to the extent and based on the principles set out in the privacy policy published on the Online Shop website. (/en/info/privacy-policy). The Privacy Policy is an integral part of the Online Shop Regulations.
2. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Shop, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Shop with the Customer's technical infrastructure.
3. Viewing the Shop’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Shop’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations.
4. The prices in the Shop are shown in Polish zlotys and are net prices (without 23% VAT) or gross (including 23% VAT). Prices are described with a net / gross note.
5. The end (final) amount to be paid by the Customer consists of the price for the Product, the price for possible labelling, the price of packaging, and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the websites Shop when placing an Order, including when expressing the will to be bound by the Sales Agreement.
6. When the nature of the subject of the Agreement does not allow, judging reasonably, to calculate the end (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs, will be provided in the Shop in the Product description, the price will be calculated individually.
7. Due to the fact that the agraf.net.pl shop also sells wholesale, product prices will only be displayed after full registration, and discounts will be assigned individually by the sales staff.
§ 6 Creating an Account in the Shop
1. To create an Account in the Shop, you must complete the Registration Form. It is necessary to provide the following data in the case of a Consumer not running a business: name and surname, billing address, delivery address, contact telephone number, email address, in the case of an Entrepreneur: full company name, company address, tax identification number, name and surname of the contact person, delivery address, contact telephone number, email address
2. Creating an Account in the Shop is free.
3. Logging in to the Account is done by entering your login and password used in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.
§ 7 Order placing rules
In order to place an Order:
1. log in to the Shop;
2. select the Product that is the subject of the Order, its quantity, and then click the "Add to Cart" button
3. click the "Order and pay" button
4. in this window, we can add another delivery address, click the "Order and pay" button,
5. choose the method of delivery, confirm that you have read and agreed to the terms of the Purchase Regulations, click the "Order and pay" button
6. choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period, subject to § 8
§ 8 Offered delivery and payment methods
The Customer may use the following methods of delivery of the ordered Product:
1. Courier delivery,
2. Personal collection available at: ul. Sielska 14b, 10-802 Olsztyn
3. The Customer may use the following payment methods: • Payment on delivery at the Seller's premises: at the address: ul. Sielska 14b, 10-802 Olsztyn • Payment on delivery, after prior approval of this payment method by the Seller. • Payment by bank transfer to the Seller's account, after prior approval of this payment method by the Seller. • Electronic payments. • Payment by credit card.
4. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§ 9 Performance of the Sales Agreement
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt by email to the address provided when placing the Order and at the same time accepts the Order for verification. After positive verification of the availability of goods, quality, etc., the customer receives a confirmation of the order for processing (also by email), which is tantamount to concluding a sales agreement between the customer and the seller. If the Customer chooses: • payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sales Agreement - otherwise the order will be cancelled. • payment upon delivery, the Customer is obliged to make the payment upon delivery. cash payment upon personal collection of the parcel, the Customer is obliged to collect and pay for the parcel within 7 days from the date of receipt of information about the readiness of the parcel for collection.
3. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to point 5 of this section), in the manner chosen by the Customer when placing the Order.
4. In the case of ordering Products with different delivery times, the delivery date is the longest given date.
5. In the case of ordering Products with different delivery times, the Customer has the option of requesting delivery of the Products in parts or delivery of all Products after completing the entire order.
6. The start of the period for delivery of the Product to the Customer is counted as follows: • If the Customer chooses the method of payment by bank transfer, electronic payment or card - from the date of crediting the Seller's bank account. • If the Customer chooses the method of payment on delivery - from the date of concluding the Sales Agreement. • If the Customer chooses personal collection, the Customer will be informed by the Seller about the readiness of the Product for personal collection by sending a relevant email to the Customer's email address provided when placing the Order or by phone.
7. Product delivery is in Poland.
8. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop’s website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses their will to be bound by the Sales Agreement.
9. Personal collection of the Product by the Customer is free of charge.
10. In the event of a negative verification of the order, for example due to incorrect stock levels, defects in the goods discovered by the seller, etc., the customer will be immediately informed about it, and in the case of prepayment, the money will be immediately returned to the account from which the payment was made.
11. The seller reserves the right to delay the delivery due to unforeseen random events.
12. The customer is obliged to accept parcels in accordance with their order and sign all return documents.
13. The buyer may collect the order via their own transport carrier after prior arrangement with the Seller.
14. In the case of a Marked Product, the completion date is determined individually depending on the complexity and type of Marking.
15. The commencement of the implementation of the Marked Product begins after the Customer approves the graphic materials and after the payment is recorded in the Seller's accounting system.
§ 10 Complaints and guarantee
1. Complaints should be submitted in writing or by email to the address provided in § 3 of these Regulations.
2. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.
3. In the case of the Marked Goods, the Customer is obliged to carefully analyse the materials sent for approval. The customer is responsible for checking the correctness of the order. The seller is not responsible for losses and benefits lost by the customer that may result from errors overlooked during the acceptance.
4. The implementation of the Marked Goods begins with the approval of the visualisation in terms of size, location and colours (specified in CMYK, Pantone or, in the case of embroidery, the thread colour according to the Madeira pattern); The customer is obliged to carefully check the visualisation, trial embroidery / print and check the correctness of the pattern. In the event of errors in the visualisation, test marking or prototype production, the buyer sends feedback in order to make corrections. After product completion the Seller cannot accept complaints.
5. The Seller is not responsible for slight colour differences when printing the same Graphic Files (tolerance up to plus / minus 10% colour deviation).
6. The customer is obliged to check the delivery immediately upon receipt.
7. Quantity complaints are dealt with within 48 hours after delivery.
8. Goods that are damaged or not in accordance with the order are subject to complaint. Complaints must be submitted in writing by electronic means within 7 days after delivery.
9. Colour differences - a possible 10% difference in shades is considered to be the same as the original.
10. Due to the specificity of the production process, the placement of prints in relation to the visualisation and on individual copies may differ by ± 2 cm.
11. The printed product should not be washed at temperatures higher than 30°C.
12. If the goods were delivered to the place indicated by the customer, other than the premises of their company, the customer is obliged to carefully check the goods. Complaints from third parties will not be accepted.
13. The party submitting the complaint may only be the Customer, which means that the liability for defects after resale of the goods is transferred to the Customer.
14. Before processing the ordered goods, the Customer is obliged to check the quality, size and colour of the delivered assortment. Goods received and processed are considered accepted and compliant with the order.
15. If the complaint is accepted, the seller will bear the costs associated with the return shipment. Return delivery should be sent via the transport carrier indicated by the Seller.
16. If the Entrepreneur needs to return the goods, resulting from reasons attributable to the Customer, the possibility of return should be agreed upon.
17. In case of damage to the boxes or other visible damage, the customer is obliged to fill in the transport carrier's Complaint Form in the presence of the courier and to check and calculate the entire delivery.
§ 11 Sales and shipping abroad - outside the European Union - export invoice
1. Sales for VAT payers is confirmed by an invoice with a 0% rate.
2. The delivery time is provided individually depending on the country of delivery
3. The goods are subject to customs clearance.
4. The DAP delivery terms apply. The buyer is obliged to take care of the import clearance in their country.
5. Agraf performs export clearance through customs agencies cooperating with courier companies providing delivery services. The customer can handle export clearance in Olsztyn, Białystok and Rzeszów.
§ 12 Sale and shipping abroad - outside the European Union - TAX FREE
Individual customers can purchase goods confirmed with a fiscal receipt and TAX FREE document. The minimum purchase value is the equivalent of PLN 200.00 gross. The condition for receiving a refund of the VAT paid on the sale is the submission of a document confirmed by the National Tax Administration of the fact of exporting the goods from the territory of Poland. More information on TAX FREE: https://granica.gov.pl/TaxFree/p_kroki.php?v=pl
§ 13 Final provisions
1. Agreements concluded through the Online Shop are concluded in Polish.
2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.