Conditions of cooperation with Art & Gifts Sp. z o.o.
Art. 1. Prerequisites
All offers, orders, orders and supplies are carried out by Art & Gifts Sp. z o.o. according to applicable regulations of the Polish law. Ordering conditions will be indicated in his orders carried out exclusively only after a written approval by Art & Gifts Sp. z o.o. on conditions determined below.
Art company & Gifts Sp. z o.o. makes every effort so that delivered products meet all requirements of the law being in force in Poland and the European Union.
Art. 2. Offers and Orders
- Art & Gifts Sp. z o.o. offer constitutes the offer for sale as defined in provisions of the civil code.
- The conclusion of a contract takes place by placing a written order and after the confirmation note of accepting an order for the accomplishment.
- Art & Gifts Sp. z o.o. reserves the right to refuse the order execution in the case there is no actual possibility of its realization due to lack of the assortment at the supplier.
- The Ordering Party will provide Art & Gifts Sp. z o.o. written orders to the e-mail address indicated in the offer. In the order, the symbol of the ordered article should be indicated.
- Each order will be confirmed by Art & Gifts Sp. z o.o. immediately, but not later than 3 days after placing the order. Art & Gifts Sp. z o.o. will determine the delivery date of the ordered goods and notify the Ordering Party by e-mail.
- Placing an order is tantamount to acceptance by the Ordering Party of all the arrangements and provisions contained in the order confirmation and in the “Conditions of cooperation with Art & Gifts Sp. z o.o.
Art. 3. Prices
- The prices of particular items in the offer, do not include the value added tax (VAT) in the amount specified by the applicable law, which tax should be added to these prices, unless the offer states different.
- Unless explicitly stated otherwise in the offer, the price of the offer does not include the costs of printing, embossing, engraving, preparation costs, as well as shipping and packaging costs.
- Art & Gifts Sp. z o.o. reserves the right to change the prices of the items in the offer in consequence of:
– the devaluation of the zloty against the Euro,
– increase of applicable customs and tax rates or introduction of other additional tax or public-law charges,
– significant price increase in suppliers.
- The minimum order value is PLN 400 net. For orders below this amount a logistic fee of PLN 100 net shall be added.
Art. 4. Delivery
- The delivery date of the ordered goods specified by Art & Gifts Sp. z o.o. is only an approximate date and should not be treated as a deadline.
- Art & Gifts Sp. z o.o. carries out delivery of ordered goods through shipping companies. It is possible to pick up the goods by own transport of the Ordering Party.
- Costs of delivery of orders below PLN 1.000,00 net shall be covered by the Ordering Party. For orders over PLN 1.000,00 net, the cost of delivery to one place in Poland shall be covered by Art & Gifts Sp. z o.o.
- Art & Gifts Sp. z o.o. reserves the right to deliver +/- 5% of the ordered quantity (unless otherwise stated in the order confirmation) as well as the possibility of partial deliveries unless the requirement to supply goods in an integral manner clearly follows from the content of the order or contract.
- Art & Gifts Sp. z o.o. reserves the right to postpone the execution of the order or suspend the execution of subsequent orders placed by the Ordering Party, in the case of outstanding payments for earlier deliveries, until full payment of the fees owed to Art & Gifts Sp. z o.o. is done.
Art. 5. Resignation from an Order
Art & Gifts Sp. z o.o. will accept the resignation of the Customer from the ordered goods, if a written resignation is submitted to Art & Gifts Sp. z o.o. at the latest 14 days before the scheduled delivery date of the ordered item, indicated by Art & Gifts Sp. z o.o. This does not apply to the situation where the ordered article was produced, the materials for its production were purchased, or the individual marking of the goods was made (then the cancellation has no legal effect).
Art. 6. Payments
- Payment for ordered goods is made in accordance with the payment terms described in the offer and / or order confirmation.
- In the case of ordering an item with printing, embossing or engraving Art & Gifts Sp. z o.o. It may make the commencement of the performance of the contract or contract from the payment of the advance.
Art. 7. Complaints
- The Ordering Party is obliged to check whether the delivered item is in line with the order confirmation. In case of nonconformity, the Ordering Party should immediately inform Art & Gifts Sp. z o.o., however not later than within 14 days from the day of receiving the ordered item.
- If the delivered item does not match the order confirmation, Art & Gifts Sp. z o.o. is only obligatory to make up for any deficiencies, repair or replacement of faulty goods or to correct the sales invoice.
- Art & Gifts Sp. z o.o. shall not accept claims for compensating for damages resulting from the delayed receipt of the goods, failure to perform the delivery, failure to meet contractual and legal obligations, and fault of the contract, unless such damages were caused by intentional activity of Art & Gifts Sp. z o.o.
- Art & Gifts Sp. z o.o. reserves the right to refuse a claim for a printed, engraved or embossed if the service of printing, engraving, embossing etc. was not performed by Art & Gifts Sp. z o.o.
Art. 8. Printing plates, sieves, matrices
Printing plates, sieves and matrices used to perform orders of the Ordering Party are owned by Art & Gifts Sp. z o.o.
Art. 9. Contractual right of withdrawal
- Art & Gifts Sp. o.o. shall have the right to withdraw in whole or in part from the performance of the confirmed order, without giving reason, no later than 30 days from the date on which the order was confirmed by Art & Gifts Sp. z o.o. As a result of the cancellation of the confirmed order, the Purchaser shall not be entitled to Art & Gifts Sp. z o.o. any claims for damages. This does not apply to the refund of the advance payment paid by the Purchaser pursuant to the provisions of art. 6 sec. 2.
- In case of refusal of the Ordering Party to receive the ordered items within the time indicated in the order confirmation, Art & Gifts Sp. z o.o. shall be entitled to withdraw from this contract without appointing an additional deadline for receipt. At the same time Art & Gifts Sp. z o.o. is entitled to claim from the Ordering party a contractual penalty of 70% of the gross value ordered by the Ordering Party, and the Ordering Party undertakes to pay this compensation on the first written request of Art & Gifts Sp. z o.o. Payment of the contractual penalty shall not deprive Art & Gifts Sp. z o.o. of the right to claim supplementary damages on a general basis up to the amount of damage suffered.
Art. 10. Partial performance of the contract
- The execution of the order takes place by delivering the ordered articles to the Ordering Party. Art & Gifts Sp. z o.o. reserves the right to partially perform a contract or to perform a part of the order, unless the requirement for a full delivery is unequivocally clear from the content of the contract or the order confirmation.
- In case of non-fulfilment of the order by Art & Gifts Sp. z o.o. the Ordering Party shall be entitled to repayment of the advance paid, and in the case of partial non-fulfilment of the order by Art & Gifts Sp. z o.o., the Ordering Party is entitled to refund of the advance paid in the relevant part. In this respect, the Ordering Party shall not be entitled to any further claims for damages towards Art & Gifts Sp. z o.o..
- In the case of partial performance of an order or contract or performance of an order or contract in parts, the Ordering Party is obliged to pay for each executed part of the order.
Art. 11. Limitation of liability
- Art & Gifts Sp. z o.o. shall not be liable for any damages resulting from non-performance or improper performance of the contract if failure to perform or improper performance is a consequence of circumstances for which Art & Gifts Sp. z o.o. is not responsible. In particular, Art & Gifts Sp. z o.o. is not liable for damages resulting from failure to meet the deadline for the performance of the contract or damages resulting from the difference between the colour scheme of the items indicated in the offer and the colour scheme of the delivered item being the subject of the order.
- The risk of accidental loss or damage to the goods ordered shall pass to the Ordering Party at the time of their release to the Ordering Party or their release to an entity providing transportation or courier services.
Art. 12. Warranty liability
- Art & Gifts Sp. z o shall not be liable under implied warranty for defects in the goods ordered.
- The exclusion of implied warranty shall be void if Art & Gifts Sp. z o.o. fraudulently concealed the defects of the goods.
- Art & Gifts Sp. z o.o. shall not be liable for any damage resulting from the occurrence of any defect.
Art. 13. Disclaimer of the subject matter of the sale
Art & Gifts Sp. z o.o. reserves the right to own the articles until the Ordering Party has paid the full price.
Art. 14. Copyrights
- The Ordering Party agrees to the use of goods made by Art & Gifts Sp. z o.o. in advertising materials, on the Company’s website, as part of exhibitions at trade fairs and as samples of technical possibilities Art & Gifts Sp. z o.o. about the quality of printing, engraving, embossing etc. Art & Gifts Sp. z o.o. shall have the right to include in its advertising materials the information about the performance of the service for the Ordering Party.
- The Ordering Party declares that it has acquired and holds copyrights and related rights to all content (word, figurative and word-graphic) in the area and in the fields of exploitation permitting, in accordance with the law, to place them on the goods as specified in the order or contract and that they are free from any legal defects and do not infringe on the personal rights of third parties and do not constitute unfair competition. The Ordering Party shall bear full liability for the damages in this respect (in the event of third parties bringing any claims towards Art & Gifts Sp.z o.o. in connection with the goods, the Ordering Party undertakes to satisfy these claims directly or reimburse Art & Gifts z o.o. the equivalent of the amounts and/or other compensations that Art & Gifts Sp. o.o. had to perform in order to satisfy the said claims of third parties; the Ordering Party shall also be liable for the litigation costs borne by Art & Gifts Sp. z o.o.).
- The Ordering Party hereby authorizes Art & Gifts Sp. z o.o. to execute the copyright of property and related rights referred to in point 2 above to the full extent, in which it is entitled to these rights, and only for the purposes of performing the order or the contract.
Art. 15. Principles of selling printed items
- The PANTONE print colours are obtainable on a white background and other colours will be close to the PANTONE scale.
- Some items (e.g. wall clocks) require additional disassembly for printing. Prices are to be negotiated.
- We do not print on entrusted materials.
- Please send the printed materials in a graphic file in vector format. In cases where the uploaded graphics require additional computer development, we add PLN 60 net / 1 hour of graphics work.
- In the case when printing on the item is not possible, we propose other solutions for personalization of articles, such as engraved metal plates, stickers, printed packages.
- On request we make test prints. Price to be negotiated.
- It is possible to print advertising prints up to 7 days at a price 50% higher than the stated net prices. The express service order should be agreed upon in each case.
- Deadlines for orders for printed items – standard up to 14 days from the date of delivery of the goods to our warehouse and approval of the print design. At high costs, implementation dates are determined individually.
Art. 16. Settlement of disputes
Any disputes shall be settled by the court competent for the registered seat of Art & Gifts Sp. z o.o.
Art. 17. Final provisions
- Any changes relating to the foregoing conditions shall be in writing and shall be subject to acceptance by both parties under pain of invalidity.
- In cases not covered by the above arrangements, the provisions of the Civil Code shall apply.
Additional considerations related to ecology and safety
- Lighter lighters (except for disposable lighters) are only partially filled with gas due to safety requirements for storage and transport.
- Battery-powered articles (except where noted) are not equipped with batteries (due to the possibility of product damage made by spills caused by differences in temperature and humidity during transport). This does not apply to articles powered by miniature batteries (coin cell batteries), such as wrist watches.