DEFINITIONS AND GENERAL PROVISIONS
These Regulations define the terms and conditions for the provision of services by Prim Jet Color sp. z o.o. electronically. They apply to the use of the Online Store and specify the rights, obligations and responsibilities of both the Seller and the Customer. The Regulations also contain information that the Seller must provide to the Consumer and Entrepreneur privileged on the rights of the Consumer, in accordance with the applicable legislation (the Law of May 30, 2014 on Consumer Rights, Journal of Laws 2020.287 as amended).
The Terms and Conditions are available on the website of the Online Store of Prim Jet Color sp. z o.o. and are provided free of charge before the conclusion of the contract.
As required, each customer is required to read the Regulations of the Online Store of Prim Jet Color sp. z o.o. before concluding a contract.
Below are the definitions of the terms used in this document:
Regulations of the Online Store.
PRIM JET COLOR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. T. Wendy 15 D, 80-299 Gdańsk, NIP 583-000-27-17, REGON 008048992, KRS 0000116923, Tel. 58 719 14 58.
A natural person who has reached the age of 18 and has full legal capacity. A customer is also a legal person and an organizational unit that does not have legal personality, but can acquire rights and incur obligations in its own name, which will establish a legal relationship with the Seller in the scope of the Online Store activity. The customer is also a consumer, as well as a privileged entrepreneur on the rights of a consumer, if in relation to them in a given matter there are no separate provisions in the Regulations.
A customer who is a natural person who makes an order to purchase a Product from the Seller, and this legal act is not directly related to his or her business or professional activity.
Privileged entrepreneur on the rights of a consumer
A natural person entering into a contract directly related to his or her business activity, when it follows from the content of this contract that it does not have a professional character for him or her, resulting in particular from the subject of his or her business activity, resulting from the Central Register and Information on Economic Activity.
A service provided to the Customer electronically at a distance by the Seller through the Online Store - within the meaning of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).
An electronic service in the form of an Online Store provided by the Seller, located at www.primjetcolor.com.pl. In the Online Store, the Customer enters into a distance selling agreement. Information about the sale is automatically transmitted to the contractual party via email. The execution of the agreement, such as the delivery of the Goods, is carried out by a courier company.
A means of electronic communication in the form of a computer script, enabling the placement of an Order in the Online Store.
The Customer places an order to purchase Goods using the form or via email to email@example.com.
An agreement concluded between the Seller and the Customer at a distance, relating to the purchase of Goods, concluded as a result of the Customer placing an Order in the Online Store through the form or email and the Seller accepting this order.
Products presented and sold in the Online Store, included in the Seller's offer.
An unforeseen event occurring suddenly and independently of the parties' will, which prevents the performance of the agreement in whole or in part, or prevents the performance of the agreement for a certain period, and which could not have been prevented despite the exercise of due diligence, such as epidemics, natural disasters, disruptions in energy supplies and factory work, strikes, roadblocks, wars, states of emergency, etc.
BASIC AND TECHNICAL INFORMATION
Contact details of the Seller for contacting the Customer
Address: 80-299 Gdańsk, ul. T. Wendy 15 D, email address: firstname.lastname@example.org, phone number: +48 694 485 805, +48 (58) 719 14 58.
The Seller offers an Electronic Service in the form of an Online Store in their offer.
The Electronic Services are provided by the Seller in accordance with the Regulations.
In order to use the Online Store, the Customer needs to have devices allowing for Internet browsing, access to the Internet, an up-to-date and active email account, and adequate software (e.g., web browser).
It is prohibited for the Customer to provide content of an unlawful nature.
The use of the Internet, including the Online Store, may involve specific risks associated with Internet use, such as trojans, viruses, hacking attacks, spam. The Seller takes steps to prevent these risks. However, it should be remembered that using electronic services and the Internet carries the risk of unauthorized acquisition or modification of Customer data by unauthorized persons. Therefore, Customers are obliged to use appropriate technical measures, such as antivirus programs, identity protection when using the Internet, updating the operating system and web applications, to minimize these risks.
Conclusion of an agreement for the provision of free Electronic Services is done through the Online Store via the Internet. The Customer may terminate the use of free Electronic Services at any time (before placing an order) by leaving the Online Store. In such a situation, the agreement for the provision of free Electronic Services is automatically terminated, without the need for additional statements from the parties.
The Seller may process the necessary personal data of the Customer for the conclusion, determination of content, amendment, or termination of the agreement (except for other cases arising from legal provisions). These may include:
- Customer's last name and first names
- Customer's email addresses
- Phone number
- Customer's residential address, being the permanent address of residence
- Correspondence address, if different from the residential address
- Customer's email addresses
In the case of a Customer being a company, the Seller may process the following data:
- Tax Identification Number (NIP) of the company
- Company address
- Company phone number
- Optionally, the last name and first names of the person responsible for receiving documents.
With the Customer's consent, the Seller may process other data concerning the Customer that is necessary for advertising, market research, and analysis of customer behavior and preferences to improve the quality of services provided by the Seller. This includes data that is not necessary for the provision of electronic services.
The personal data provided by Customers are processed by the Seller in accordance with applicable legal regulations, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Journal of Laws L 119 of 4 May 2016, hereinafter referred to as the 'Regulation'). In particular:
The Seller ensures that:
- Personal data will be processed lawfully, fairly, transparently, and in a manner understandable to the Customers and other individuals whose data are concerned.
- Data will be collected for specified, explicit, and legitimate purposes and will not be further processed in a manner incompatible with those purposes.
- Data will be processed in a manner that is necessary for the purposes for which they are processed and limited to what is necessary in relation to those purposes.
- Data will be accurate and, where necessary, kept up to date.
- Data will be stored in a form that allows the identification of the person or company to whom the data relate for no longer than is necessary for the purposes for which the data are processed.
- The processing, along with appropriate technical and organizational measures, will ensure the security of personal data, protecting them against unauthorized or unlawful processing, accidental loss, destruction, or damage.
The Seller employs appropriate technical and organizational measures to ensure the protection of processed personal data in accordance with their nature, scope, context, and purposes of processing, as well as the risks of infringement of the rights or freedoms of individuals.
- The Seller enables Customers and other individuals whose data are concerned to access personal data and exercise other rights in accordance with applicable legal regulations.
- Personal data are processed with the consent of Customers or based on another legal basis for processing personal data in accordance with the Regulation.
In accordance with relevant regulations, we ensure the implementation of the rights of individuals whose personal data are processed. These individuals have the following rights:
- Right to information about their personal data being collected,
- Right to control the processing of data,
- Right to supplement, update, delete data,
- Right to object to the processing of data,
- Right to withdraw consent to the processing of personal data,
- Right to lodge a complaint with the supervisory authority for data processing and to use various legal remedies to protect their rights.
Authorized persons who have access to personal data process them only based on the appropriate authorization from the Seller or a data processing agreement, in accordance with the Seller's instructions.
The Seller certifies that personal data will not be disclosed to other entities unless authorized under applicable legal provisions, unless required by Polish law or European Union law.
As part of its business activities, in order to fulfill contracts, the Seller may transfer personal data to:
- Courier or postal service providers,
- Accounting or legal service providers,
- Suppliers of appropriate software for the operation of the Online Store,
- Suppliers of appropriate software for invoicing,
- Internet service providers,
- Hosting company.
We would like to remind Customers that they have the right to give consent to the processing of their personal data and to withdraw this consent at any time.
- The goods offered in the Online Store are new and in accordance with the contract. A detailed description of each product can be found on the Online Store's website.
Ordering Goods and Their Fulfillment
- Orders are placed using the Form available on the Online Store's website or via email to email@example.com.
- The Customer is obliged to provide accurate information in the Form or in the email content, providing all correct data according to the actual state, and selecting the preferred method of delivery and payment.
- When placing an Order, the Customer provides data and makes statements regarding the acceptance of the Regulations, the method of sending commercial information, and the processing of personal data.
- Orders can be placed in the Online Store 24 hours a day, 7 days a week. Orders placed on weekends or holidays will be processed on the next business days, after prior contact from the Seller to the Customer.
- Confirmation of placing an Order is the Customer's selection of the button marked "Place Order" or sending an email to the above address, which results in sending the Customer an Order confirmation to the email address provided by them.
- Order fulfillment (i.e., until the Goods are handed over to the courier company) takes up to 7 business days.
- Each transaction is documented in the form of an invoice, and the Customer provides the necessary data for its issuance, in accordance with applicable law. The Customer is obliged to provide invoice data no later than at the time of placing the order. The Seller is not responsible for incorrect or incomplete data provided by the Customer.
- In case of impossibility to fulfill the Order due to force majeure or other reasons, the Seller will immediately inform the Customer by email or by phone. In such a case, the Consumer has the right to withdraw from the contract, and the Seller refunds the payments made by the Consumer. In other cases, the fulfillment of the contract will be postponed until the obstacle is removed.
- The prices provided in the Online Store are gross prices in Polish zlotys, including VAT (and excise duty if the sale of the Goods is subject to these taxes). The price of the Goods does not include the cost of delivery – described below. The price of the Goods is binding for both parties when it is determined at the time of placing the Order by the Customer.
- The price of the Goods does not include the costs associated with the delivery of the Goods by the courier company, which are borne by the Customer. The amount of these costs depends on the delivery method chosen by the Customer, and information about them is available at the stage of placing the Order. The
- Customer is presented with two payment options: traditional bank transfer (prepayment) or payment on delivery (cash on delivery).
- A traditional bank transfer requires the payment of the amount due to the Seller's bank account after placing the Order, and the Order is fulfilled after the payment is credited to the Seller's bank account.
- Payment on delivery allows the Customer to pay for the Goods directly upon their receipt from the courier.
- The Seller issues an invoice for each sold Good and delivers it to the Customer.
- The Product is sent to the address provided in the Form or email by the Customer, unless otherwise agreed by the Parties.
- The delivery of the Product is carried out through a courier company. The package handed over to the courier should be delivered within 1-3 business days from the date of dispatch of the Goods.
- The Customer may send their courier for parcel collection, but only in the case of choosing payment by bank transfer.
- In the case of cash on delivery payment method, the parcel can only be sent by the courier selected by the Seller.
- Depending on the type of Goods, relevant instructions, product information, operating instructions are available on the website, and other documents required by applicable law may be sent electronically or in paper form upon request of the Customer.
The Seller informs that:
- Upon handing over the Goods to the courier sent by the Customer, the benefits and burdens associated with the Goods, as well as the risk of unforeseen damage or loss of the Goods, pass to the Customer.
- During sales to Consumers, the risk of unforeseen damage or loss of the Goods passes to the Consumer upon delivery of the Goods to the Consumer. The handover of the Goods is considered to be its transfer by the Seller to the courier, in cases where the Seller did not influence the choice of courier by the Consumer.
- In other cases, the benefits and burdens associated with the Goods pass to the Customer upon receipt of the shipment from the courier.
- Acceptance of the shipment with the Goods by the Customer without reservations will result in the expiration of claims for loss or damage in transit, unless one of the situations described below occurs:
- damage was observed before accepting the shipment, and a relevant protocol was drawn up,
- the damage, which was not visible from the outside, was noticed by the Customer after accepting the shipment and immediately after receiving it, it was observed inside the shipment, and it was proven that the damage occurred between the moment of handing over the shipment by the Seller to the courier and the moment of its handover by the courier to the Customer.
The Customer is obliged to carefully check the contents of the shipment upon receipt, and in case of any loss or damage, immediately report it to the courier and take necessary steps to address the issue.
Additional Consumer Information:
- The agreement is concluded for a specified period and will not be automatically renewed.
- The time of the Consumer's obligations arising from the Agreement is related to the time of the Agreement's implementation, i.e., the moment of payment and receipt of the Goods.
- The Consumer's use of the Online Store does not require the payment of a deposit or the provision of other financial guarantees.
- The Seller is not obliged to apply the code of good practices referred to in Article 2(5) of the Act of 23 August 2007 on combating unfair commercial practices (Journal of Laws of 2017, item 2070, as amended).
In legal relations with Customers and Entrepreneurs privileged with consumer rights, liability for warranty is excluded. However, the Seller is liable to the Consumer for physical or legal defects (warranty) in accordance with the provisions of the Civil Code (Journal of Laws of 2017, item 459, as amended) and the Act of May 30, 2014, on consumer rights (Journal of Laws of 2017, item 683, as amended) according to the following principles:
Liability for warranty is excluded in legal relations with Customers, but this does not apply to the Consumer and the Entrepreneur privileged with consumer rights (which are subject to the following points). The Seller's liability for damages in legal relations with Customers is always limited to the value of the Goods.
The Seller is liable to the Consumer or the Entrepreneur privileged with consumer rights for non-compliance of the Goods with the Agreement based on the principles set out in the Act of May 30, 2014, on consumer rights (Journal of Laws of 2020, item 287, as amended).
Rules regarding the transport, storage, use, and utilization of the Goods:
- The Customer is obliged to perform a test of the purchased product on an invisible portion of the substrate or on a separate portion of the substrate intended only for testing purposes.
- The Seller should be informed of the intended purpose of the Goods.
- Complaints about the Goods do not cover tests.
- Goods that raise any doubts for the Customer cannot be used for further use. The Customer should, at their own risk, perform additional preliminary tests of such Goods before potential use.
- Standard Goods, in factory, originally undamaged, sealed packaging, can be stored for 12 months in a cool, preferably dark place at a temperature not lower than 7 degrees Celsius.
- Standard Goods that have already been opened should be used within 14 to 30 days of opening.
- Unopened non-standard Goods should be used within 14 to 30 days.
- Goods must not be stored or transported at a temperature below 7 degrees Celsius.
- Improperly stored or transported Goods are used at the Customer's own risk, and the manufacturer is not liable for any damages incurred.
- Goods must be used according to their intended purpose.
- All procedures must be followed, and instructions must be adhered to when using and storing products.
- The Goods must not be diluted, mixed with water or solvents, or interfered with in any way regarding their composition and proportions.
- The Goods must be stored according to the instructions for use.
- Any deviations prevent the submission of complaints.
- The Goods are deemed to be in conformity with the contract if:
- the type, quantity, and quality of the Goods, as well as the functional characteristics of the Goods, are in accordance with the Contract;
- it is suitable for use for the purposes indicated by the Customer, about which the Customer informed the Seller no later than at the time of concluding the Contract and which was accepted by the Seller;
- the Goods are of the same quality as the paid sample provided to the Customer at an earlier stage of placing the order – if the Customer previously requested it and it was accepted by the Seller.
- If the Customer has been informed by the Seller of any non-conformity of the Goods with the Contract, then the Seller shall not be liable for such non-conformity if it communicated this non-conformity to the Customer no later than at the time of concluding the Contract, and the Customer unequivocally and separately accepted this fact.
- In case of non-conformity of the Goods with the Contract:
- The Customer may request repair or replacement of the Goods.
- The repair or replacement of the Goods should be carried out within a reasonable time.
- If repair or replacement of the Goods is impossible or requires disproportionate costs, the Seller may refuse to perform them.
WITHDRAWAL FROM THE AGREEMENT
- Termination of the Agreement by the Client or the Seller may occur under the terms specified in the Civil Code regulations (Journal of Laws of 2022, item 1360, as amended).
- The right to withdraw from the Agreement within 14 days from the date of receiving the Goods is granted to the Consumer or the Entrepreneur privileged with consumer rights.
- The Consumer or the Entrepreneur privileged with consumer rights may withdraw from the contract, and the withdrawal may concern only the Goods that do not conform to the Agreement.
- The Consumer or the Entrepreneur privileged with consumer rights is obliged to promptly return the Goods.
- The Seller, within 14 days from the date of receiving the returned Goods, will refund the price to the Consumer or the Entrepreneur privileged with consumer rights. The Seller refunds the payment by bank transfer to the indicated account.
- The Goods must be returned at the Customer's expense.
- We do not accept cash on delivery shipments.
- The Consumer is responsible for any decrease in the value of the product resulting from using it in a manner exceeding the necessary examination of the nature, characteristics, and functioning of the product.
- Possible costs associated with the Consumer's withdrawal from the contract, which the consumer is obliged to bear:
- If the Consumer chose a delivery method other than the cheapest standard delivery method available from the Seller, the Seller is not obligated to refund the Consumer for any additional costs incurred. The Consumer bears the direct costs of returning the product.
- The Goods must be returned in the original packaging. The original packaging must not be damaged, scratched, taped with packing tape, or otherwise damaged.
- All elements (additional product accessories, etc.) must be included in the return shipment.
- A corrective invoice will be issued for the purchase invoice (it is not possible to cancel the invoice).
- The Customer intending to return the Goods should promptly notify the Seller.
The right of return does not apply to goods manufactured according to the Consumer's specifications or intended to meet the Consumer's individual needs.
Complaints from the Customer should be addressed in writing to the Seller at the following address: Prim Jet Color, 80-299 Gdańsk, ul. Wendy 15 D, and by email to firstname.lastname@example.org.
If the Customer accepts the shipment with the Goods without objections, any claims for loss or damage in transit shall expire, unless one of the following situations occurs:
- damage was observed before accepting the shipment and a relevant protocol was drawn up,
- damage, which was not visible from the outside, was noticed by the Customer after accepting the shipment, and immediately after receiving it, the Customer noticed it inside the shipment and proved that the damage occurred between the moment the shipment was handed over by the Seller to the courier and the moment it was handed over by the courier to the Customer.
The Customer is obligated to precisely check the contents of the shipment at the time of its receipt, and in case of any loss or damage, immediately report it to the courier and take necessary steps to address the issue.
If the Customer notices that the shipment with the Goods was damaged or tampered with, they must immediately notify the Seller and the courier company about the situation. In the presence of the courier, the Customer is obliged to draw up a protocol containing a detailed description of the damage and the situation, as well as take photos.
These actions will allow for initiating the complaint procedure with the courier company.
In the case of complaints within 30 days, the Seller will consider the Customer's complaint, and in the case of complaints from a Consumer or a Business Customer exercising consumer rights, within 14 days.
If the complaint is accepted, the Seller will take appropriate steps.
There is also the possibility of using out-of-court dispute resolution mechanisms in legal relationships with Consumers, such as resolving disputes electronically and the possibility of conducting conciliation proceedings before a common court or other authorities.
Rights to the Online Store, as well as all information and content, products available in the store, and on the website are the property of the Seller. The Online Store, along with the address under which it is listed, as well as the information on the website www.primjetcolor.com.pl, are subject to copyright and protected by copyright laws and intellectual property rights regulations.
Reserved trademarks include:
- proper names, logos, trademarks, service marks, videos, graphic designs, scientific research, instructions, scripts, source codes, texts, forms, passwords, and are the property of the Seller,
Processing, reproduction, downloading, copying, modifying, transmitting, or distributing any content from the Online Store and the website www.primjetcolor.com.pl without the owner's consent is prohibited.
In the case of matters not specified in the Regulations in legal relations between Customers, the relevant provisions of the generally applicable law apply.
Any deviations from the Regulations require a written form under the penalty of invalidity.
The competent court to resolve disputes between the Seller and the Client will be the court having jurisdiction according to the Seller's registered office. However, in the case of a dispute between the Seller and the Consumer, general principles apply (court of the Consumer's place of residence or domicile), or any other court more convenient for the Consumer, in accordance with the provisions of Articles 31-37 of the Civil Procedure Code (except for cases where the court's jurisdiction is exclusive), the court competent according to general rules (court of the Seller's registered office) or any other more convenient for the Consumer (according to Articles 31-37 of the Civil Procedure Code).
In the event of a dispute with a Business Entity privileged with consumer rights, the competent court is the court locally competent according to the provisions of the generally applicable law.
- Changes to the Regulations may be introduced by the Seller for significant reasons, particularly due to changes in the generally applicable law, changes related to the Seller's business profile or offer, and changes related to the functionality of the Online Store and website.
- The validity of the Regulations begins on the day of publication on the website www.primjetcolor.com.pl, with the reservation that it does not violate the acquired rights of the Customers, i.e., the Regulations applicable on the date of these actions apply to Orders placed before the change or to Agreements concluded and executed before the change.
- The Seller will notify about changes to the Regulations by posting information on the website.