Terms and Conditions

§ 1 Definitions

Seller – Refloactive Sp. z o.o. ul. Fordońska 40, 85-719 Bydgoszcz | Polska NIP: 5542932613 VAT No. PL5542932613

Customer – any Consumer or Entrepreneur entering into a Sales Agreement with the Seller through the Store.

Consumer – a natural person conducting a legal transaction with the Seller not directly related to their economic or professional activity, as well as a natural person concluding an agreement directly related to their economic activity, where the content of that agreement indicates that it does not have a professional character for that person, arising in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf.

Store – an online store operated by the Seller at http://printwave.pl.

Store’s Regulations – these regulations of the Store.

Order – a declaration of the Customer submitted using the Order Form and directly aiming at the conclusion of a Sales Agreement with the Seller.

Account – a set of resources of the Customer in the Store, where the data provided by the Customer and information about the Orders placed by them in the Store are collected.

Registration Form – a form available in the Store, enabling the creation of an Account in the Store.

Order Form – a form available in the Store enabling the placement of an Order, in particular by adding Products to the cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

Product – products available in the Store, in particular clothing and gadgets.

Sales Agreement – an agreement concluded between the Customer and the Seller through the online Store, with the subject of the Product.

Personalization Service – a service offered by the Seller consisting of applying graphics or content to the Products using a chosen technique (e.g., screen printing).

§ 2 Preliminary Provisions

The online store available at http://printwave.pl is operated by the Seller.

The Seller’s offer in the Store is directed to both Consumers and Entrepreneurs.

The Store’s Regulations define the rules and procedures for concluding Sales Agreements through the Store, as well as the rules for providing services by electronic means within the meaning of the Act on the Provision of Electronic Services.

The Seller provides the Regulations to Customers free of charge before the conclusion of the agreement, and also enables obtaining, reproducing, and recording the content of the Regulations. The Regulations are continuously available on the Store’s website.

The Customer is obliged to comply with the provisions of the Regulations from the moment of its acceptance.

The Seller may change the Regulations for valid reasons, in particular related to changes in the legal status, technological or organizational changes of the Seller, as well as in connection with changes in the functionality of the Store.

The change to the Regulations becomes effective 14 days after sending its new content to Customers at the email addresses provided during registration. If the Customer does not agree to the new wording of the Regulations, they have the option to terminate the agreement on the terms described in § 5 para. 7 of the Regulations.

The Store is available in Polish, English, and German. Communication with the Customer is conducted in Polish, English, or German.

Contact details of the Seller: a. Seller’s address: b. Seller’s email address: c. Seller’s phone number:

The Customer may communicate with the Seller using the above-mentioned addresses and phone numbers. The Customer can communicate with the Seller by phone on business days, i.e., from Monday to Friday, from 9:00 to 17:00.

§ 3 Technical Requirements

To use the Store, including browsing the Store’s assortment and placing Orders for Products, the following is necessary: a. An end device (e.g., computer, phone, tablet) with internet access and an internet browser such as Internet Explorer, Google Chrome, Mozilla Firefox, and Safari – up to two versions back. b. An active email account (e-mail).

The Seller declares that using the Store as a service provided electronically does not entail any particular risks.

The Seller informs about the function and purpose of software or data that is not a component of the service content but is introduced into the teleinformation system used by the Customer on the website at http://printwave.pl.

§ 4 Products and Prices

The following Products can be purchased in the Store: a) Ready-made goods from the Seller’s warehouse stock, without additional customization – in quantities from 1 to 49 pieces. b) Ready-made goods on which additional paid and separately agreed Personalization Service will be performed – in quantities of 50 pieces or more.

The final amount to be paid by the Customer consists of the Product’s price and delivery costs, of which the Customer is informed on the Store’s pages during the Order placement, including at the time of expressing the will to be bound by the Sales Agreement.

The prices in the Store are given in Polish zlotys and are: a) Gross prices for Consumers (including VAT). b) Net prices for Entrepreneurs (VAT must be added).

The Products offered in the Store are brand new, have the required certifications and permits for circulation in Poland.

The pictures presenting the Products available in the Store are for illustrative purposes and may not fully reflect the actual appearance of the Product or show all details. The Seller’s employees are ready to answer any questions and doubts about the appearance of the Products, as well as their technical parameters and other characteristics, and if necessary, to provide photos or drawings that could dispel these doubts.

§ 5 Creating an Account in the Store

Creating an Account in the Store is free of charge and is done by completing the Registration Form, in which the following information must be provided: a) First name and last name or Company name b) Address c) Tax Identification Number (NIP) (in the case of a Customer being an Entrepreneur) d) Email e) Contact phone number

After filling out the Registration Form and accepting the Regulations, the Customer receives an email message to the email address provided by them to confirm the registration. Clicking on the activation link contained in the message confirms the registration, establishes an Account, and concludes an agreement with the Seller for the provision of electronic services.

Logging into the Account in the Store is done by providing the login and password established by the Customer in the Registration Form. The Customer is responsible for keeping their password confidential and not disclosing it to other entities.

Any person who has reached the age of 18 and familiarized themselves with the Regulations and the Privacy Policy, which constitutes Annex No. 1 to the Regulations, can be a Customer of the Store.

Registering an Account in the Store is voluntary and free of charge. Browsing the Store’s assortment does not require creating an Account in the Store. Placing Orders by the Customer for Products available in the Store’s assortment is possible after creating an Account in the Store in accordance with the provisions of § 5 of the Store’s Regulations.

In the event that the Customer does not use the Account in the Store for over 2 years, the Seller has the right to request the Customer to log in to the Store once within 30 days through the email address assigned to the Account. If the Customer does not log in to the Store within the time specified in the preceding sentence, the Seller has the right to terminate the agreement and then delete the Customer’s Account and their personal data.

The Customer’s Account may be blocked or deleted by the Seller if the Customer grossly violates the provisions of the Regulations. In this way, the Seller terminates the agreement for the provision of electronic services with the Customer with immediate effect.

The Customer has the option to remove the Account in the Store at any time, without giving a reason and without incurring any charges, by sending a relevant request to the Seller, via email or in writing. Sending such a request constitutes termination of the agreement for the provision of electronic services.

§ 6 Order Placement Rules, Delivery, and Payment Methods

To place an Order, the Customer must: a) Select the Product that is the subject of the Order and then add it to the cart or proceed directly to placing the order; b) Log in to their Account or create an Account in the Store; c) Fill out the Order Form, including providing the recipient’s data for the Order and the delivery address for the Product, choose the payment method, select the type of shipment (method of delivering the Product), enter invoice details if they differ from the recipient’s data for the Order; d) Accept the Regulations by selecting the appropriate checkbox; e) Click the “Order” button and confirm the Order.

Placing an Order for the Personalization Service is done by sending an email message to the Seller by the Customer.

The Customer can choose from the following delivery methods: a) Personal pickup from the Seller’s warehouse; b) Courier delivery (the cost of delivery is determined by the price list of the courier company delivering the Product and is estimated automatically when placing the Order).

The Customer can use the following payment methods: a) Cash payment upon personal pickup (only within the territory of Poland). b) Cash on delivery (only within the territory of Poland). c) Bank transfer directly to the Seller’s bank account: ING Bank Śląski: (PLN): PL07 1050 1139 1000 0090 3171 6245 (EUR): PL40 1050 1139 1000 0090 8120 0298 d) Payment methods provided by PayPro S.A. (Przelewy24).

Detailed information regarding delivery methods and accepted payment methods can be found on the Store’s subpages.

In the event of a refund for a transaction made by the Customer with a payment card, the Seller will refund the amount to the bank account assigned to the Customer’s payment card.

If the Customer chooses the payment method by bank transfer or credit card, the time of order fulfillment is calculated from the day of the Seller’s bank account or settlement account being credited.

PayPro S.A. is the entity providing online payment services electronically.

Product delivery takes place within the European Union.

The delivery of the Product to the Customer is subject to a fee, unless the Agreement provides otherwise. The costs of Product delivery are indicated to the Customer on the pages of the online Store in the “Delivery Costs” tab and during the Order placement, including at the time of the Customer expressing their intention to be bound by the Sales Agreement.

§ 7 Execution of the Sales Agreement

The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an Order using the Order Form in the Store, in accordance with § 6 of the Store’s Regulations.

After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing.

Confirmation of Order receipt and acceptance for processing is made by the Seller by sending an email message to the Customer at the email address provided by the Customer during the order placement. Upon receiving the above email message, the Sales Agreement is concluded between the Customer and the Seller.

After the Customer has made the payment, the Product will be sent by the Seller within the timeframe indicated in its description, in the manner chosen by the Customer during the Order placement. The delivery of orders takes up to 10 business days for ready-made Products from the Seller’s warehouse, while Products ordered along with Personalization Service are delivered within the timeframe confirmed by the Seller’s sales department.

In the event of a discrepancy between the delivered shipment and the placed order, the Customer should refuse to accept the unordered products and immediately notify the Seller. The acceptance of the shipment by the Customer, confirmed by their signature on the consignment note, will be treated as confirmation of its conformity with the order.

The acceptance of the shipment from the courier company should be confirmed in writing. Upon signing the confirmation, the ownership of the Product and all associated risks, including the risk of loss or damage, transfer to the Customer.

Upon receiving the Product, the Customer is obligated to check whether the shipment has any damages that occurred during transportation.

§ 8 Right of Withdrawal from the Agreement

The Consumer has the right to withdraw from the Sales Agreement without giving any reason within 14 days. The period for exercising the right of withdrawal begins from the date of delivery of the Product to the Consumer or to a person indicated by the Consumer.

The Consumer may exercise the right of withdrawal from the Agreement by submitting a statement of withdrawal to the Seller. To meet the deadline for withdrawal, it is sufficient for the Consumer to send the statement before the expiration of this period.

The statement of withdrawal can be sent by traditional mail or electronically to the Seller’s email address (the Seller’s contact details have been specified above in the Regulations). The statement can also be submitted using the form, the template of which constitutes Annex No. 2 to the Regulations.

In the event of sending the statement electronically, the Seller will immediately send a confirmation of receipt of the statement of withdrawal to the Consumer’s email address provided by the Consumer.

The Consumer’s submission of the statement of withdrawal from the Agreement results in the following: a) The Agreement is considered as not concluded; b) The Seller shall promptly, no later than within 14 days from the day of receipt of the Consumer’s statement of withdrawal from the Agreement, refund all payments made by the Consumer, including the delivery costs of the goods, with the exception of additional costs resulting from the Consumer’s chosen delivery method other than the cheapest ordinary delivery method offered by the Seller; c) The Seller shall make the refund using the same means of payment that was used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to a different solution, which will not involve any costs for the Consumer; d) The Seller may withhold the refund until the Product is received back or until the Consumer provides proof of its return, whichever occurs first. e) The Consumer should return the Product to the address of the Seller specified in the Regulations promptly, no later than 14 days from the date on which they informed the Seller about the withdrawal from the Agreement. The deadline will be considered met if the Consumer returns the Product before the expiry of the 14-day period. f) The Consumer bears the direct costs of returning the Product.

The Consumer is liable only for any diminished value of the Product resulting from the use of the Product in a manner other than necessary to establish the nature, characteristics, and functioning of the Product.

The right to withdraw from the Agreement does not apply to personalized Products produced according to the Consumer’s specifications.

§ 9 Complaints and Warranty

The Sales Agreement covers new Products.

In the event of a physical or legal defect in the Product, the Customer has the right to make a complaint based on the provisions concerning the warranty in the Civil Code.

The complaint should be submitted in writing or electronically to the addresses of the Seller provided in the Regulations.

The complaint notification should include, in particular: a) Identification of the Customer (name and surname or company name); b) Email address or correspondence address; c) Order number or other purchase confirmation; d) The subject of the complaint and the circumstances justifying the complaint.

The Seller will respond to the complaint request promptly, and if the Customer is a Consumer, no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is deemed that the Seller has accepted the Customer’s request as justified.

Products sent as part of the complaint procedure should be sent to the address of the Seller specified above in the Regulations.

If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store. The Seller will also attach a warranty card to the sold Product.

§ 10 Out-of-court dispute resolution and claim enforcement methods

Detailed information regarding the possibility for the Consumer to use out-of-court dispute resolution and claim enforcement methods, as well as the access rules to these procedures, are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Regional Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

The Consumer has the following exemplary possibilities to use out-of-court dispute resolution and claim enforcement methods: a) The Consumer is entitled to apply to a permanent consumer arbitration court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the agreement concluded with the Seller. b) The Consumer is entitled to apply to the voivodeship inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller. c) The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using free assistance from the district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumer Association).

Attachment No. 1

PRIVACY POLICY OF THE WEBSITE www.printwave.pl

DOCUMENT VERSION: [1.0]

LAST UPDATE: [6.08.2023]

Protecting the privacy of Users is of particular importance to PRINTWAVE. Therefore, we provide Users of the www.printwave.pl website with appropriate security measures aimed at protecting their personal data.

The Administrator’s goal is also to inform Users properly about their rights and obligations related to the processing of personal data, especially in light of the provisions on the protection of personal data specified in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”).

In order to ensure the protection of Users’ privacy, the Administrator provides information in this document about the legal bases for processing personal data provided by Users in connection with their use of the www.printwave.pl website (hereinafter referred to as the “Website”), methods of collecting, processing, and protecting personal data, as well as Users’ rights.

A User is any natural person whose data is concerned and who uses the www.printwave.pl website or electronic services available through the Website.

DATA CONTROLLER, CONTACT DETAILS

The Data Controller of personal data provided by Users on the www.printwave.pl website is REFLOACTIVE sp. z o.o. with its registered office in Bydgoszcz (85-503), ul. Rynkowska 2, NIP 5542932613 (hereinafter referred to as the “Administrator”).

To obtain any information regarding the processing of personal data by the Administrator and the exercise of their rights, Users may contact the Administrator by sending a message to the email address: sklep@printwave.pl or by postal mail to the address:

Fabryka CMYKa Niciak Spółka Jawnaul. Rynkowska 1, 85-503 Bydgoszcz, with the note “PERSONAL DATA.”

In order to verify whether the person requesting a specific operation on personal data is authorized to do so, the Administrator may request additional data to verify the identity of the person submitting the request.

PERSONAL DATA PROCESSED BY THE CONTROLLER

The Controller obtains personal data directly from the User through the Website, including registration by the User on the Website or completing a contact form available on the Website and sending a message to the Controller through it.

The Controller collects the following personal data concerning the User through the Website: Name and surname, phone number, email address, business name.

PURPOSES AND LEGAL BASIS FOR DATA PROCESSING

The purposes of processing the User’s personal data by the Controller depend on the User’s use of the Website and its functionalities.

Primarily, the Controller processes the User’s personal data to establish and perform a contract for the provision of services electronically, concluded based on the Website’s Terms and Conditions, as well as to fulfill a sales contract concluded through the Website (legal basis: Article 6(1)(b) of the GDPR). Due to the sales contract, the Controller has public law obligations, including tax obligations, which is why the Controller may process the User’s personal data to fulfill these obligations (legal basis: Article 6(1)(b) and (c) of the GDPR, and relevant tax regulations).

In case the User submits a complaint or reports other issues, the Controller will process their personal data to handle complaints, inquiries, and provide responses (legal basis: Article 6(1)(c) and Article 6(1)(f) of the GDPR, i.e., the legitimate interest of the Controller and the User in mutual communication and resolving disputes).

If the User has given voluntary consent (e.g., by using a contact form or subscribing to a newsletter), the Controller may process their personal data for marketing purposes, including conducting marketing communications via email or telephone calls (legal basis: Article 6(1)(a) and (f) of the GDPR, the Act on the Provision of Electronic Services, and the Telecommunications Law).

The Controller reserves the right to retain Users’ personal data for the purpose of establishing, investigating, enforcing claims, or defending against claims, as a legitimate interest pursued by the Controller, as well as to prevent abuse and fraud (legal basis: Article 6(1)(f) of the GDPR).

DATA RETENTION PERIOD

The retention period for the User’s personal data is dependent on the purposes of processing by the Controller, specifically: a) Personal data necessary for the conclusion and performance of contracts will be retained for the duration of these contracts; b) Personal data necessary for the performance of public law obligations will be retained until the time specified by the relevant legal regulations, and for tax obligations, for 5 years; c) Personal data provided for marketing purposes will be processed until the withdrawal of consent or objection is expressed. The data retention period may be extended if justified by applicable legal provisions or the legitimate interest of the Controller in establishing, investigating, enforcing claims, or defending against claims.

RECIPIENTS OF PERSONAL DATA, INCLUDING RECIPIENTS OUTSIDE THE EEA

Data Processors The Controller uses services of other data processors who process personal data on its behalf, including administrative, accounting, IT, and server services, maintenance and support services for IT systems and databases. Additionally, employees of state authorities and offices authorized to control or supervise the Controller’s activities may have access to the User’s personal data.

Transfer of Personal Data Outside the EEA Due to the use of certain IT systems by the Controller, the User’s personal data may be transferred outside the European Economic Area (EEA), particularly to the United States. We assure that all entities the Controller cooperates with meet the security requirements imposed by the relevant data protection regulations. The transfer of data to the United States is conducted based on the standard contractual clauses issued by the European Commission. The Controller provides access to these clauses at its headquarters.

Disclosure of Data to Other Controllers In case the “Przelewy24” payment method is selected, the User’s personal data will be disclosed to the payment operator – PayPro S.A. based in Poznań (ul. Pastelowa 8, 60-198) for transaction processing.

USER RIGHTS

Regarding the processing of personal data by the Controller, the User has the right to:

Access their data and obtain a copy of it.

Correct (rectify) their personal data.

Restrict the processing of their personal data.

Erase their personal data.

Object to the processing of their personal data.

Data portability.

If processing is based on consent, the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

File a complaint with the President of the Office for Personal Data Protection (address: ul. Stawki 2, 00-193 Warsaw).

To exercise the above rights, please contact the Data Controller as described in the “Privacy Policy” above.

PROFILING

The Controller does not intend to profile the User’s personal data.

VOLUNTARY NATURE OF DATA PROVISION

Providing certain personal data by the User: a) for receiving marketing correspondence – is voluntary. b) for the conclusion and performance of contracts (for the provision of services electronically or for sales) – is necessary to establish a legal relationship between the User and the Controller. c) for compliance with legal obligations, including accounting obligations – is necessary to ensure compliance with the law.

COOKIES

A cookie is a small text file that is stored on a computer, tablet, or smartphone when you first visit the Website. The cookies we use are essential for the proper functioning and ease of use of the Website. They ensure the optimal performance of the Website. In the Website, we use: a) Technical cookies – these cookies are necessary for using the basic functions of the Website. b) Functional cookies – these cookies enable us to analyze the User’s use of the Website to assess and improve its performance. c) Marketing cookies – these cookies enable the display of advertising content tailored to the User’s preferences. To learn more about cookies, how to manage or delete them, you can visit the website: allaboutcookies.org or refer to the help section of your browser.

OTHER TECHNOLOGIES

Printwave also collects data about Website users in logs, system services, or through other technologies (e.g., Pixels, SDK codes). Through these technologies, we know which subpages of our portal have been visited or how many times the Website has been displayed. We use the above technologies to increase the effectiveness and security of the service, better adapt the service to your needs, and enable faster information retrieval. On our portal, we use Google Analytics provided by Google LLC 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Thanks to this technology, Google may store information about the type/version of the browser, operating system, referring URL, truncated IP address, or server request time – in a cookie file. Information generated by the cookie about the use of the Website is usually transmitted to and stored on Google’s servers in the USA. Google Analytics does not collect data that would enable your identification. Therefore, the data collected within Google Analytics is not personal data. Google processes information about your use of the Website (within Google Analytics) on our behalf to assess how the service is used, create activity reports, and provide other services related to the use of the Website. The IP address sent by your browser as part of Google Analytics is not merged with other Google data. For more information about terms of use and data protection, please visit: https://support.google.com/analytics/answer/9019185?hl=en

CHANGES

In order to update the information contained in this Privacy Policy and ensure its compliance with applicable laws, this Privacy Policy may be subject to changes. In case of any changes to the content of the Privacy Policy, the updated date will be indicated at the beginning of this text. To obtain information about the protection of personal data, the Controller recommends that Users regularly review the provisions of the Privacy Policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment No. 2 DECLARATION OF WITHDRAWAL FROM THE CONTRACT (This form should be filled out and sent only in case of a desire to withdraw from the contract)

Name and surname of the consumer

Address of the consumer

Date of contract conclusion()/receipt()

Fabryka CMYKa Niciak Spółka Jawna
ul. Rynkowska 1, 85-503 Bydgoszcz

E-mail:sklep@printwave.pl

I/We() hereby inform/inform() about my/our() withdrawal from the contract of sale of the following goods()/contract of delivery of the following goods(*):

 

 

 

Date and place                                                                                          Signature

(*) Please delete as applicable.