TERMS AND CONDITIONS OF THE ONLINE STORE FLAG-ACCESSORIES.COM
1. GENERAL PROVISIONS
- These Terms and Conditions set out the rules and conditions for making purchases and using services provided electronically by the Administrator within the website available under the domain www.flag-accessories.com (hereinafter referred to as the "Store").
- The Administrator of the Store is Labo Print S.A., with its registered office in Poznań, ul. Szczawnicka 1, 60-471 Poznań, entered in the register of entrepreneurs maintained by the District Court Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000472089, NIP: 7792385780, share capital: PLN 3,617,600.00, fully paid up (hereinafter referred to as the "Administrator" or the "Seller").
- The Administrator may be contacted by e-mail at: [email protected] or by telephone at: +48 510 925 456, from Monday to Friday, excluding public holidays, between 8:00 a.m. and 4:00 p.m.
- In order to use the Store, it is necessary to have a device with Internet access, equipped with an up-to-date web browser, as well as access to a properly configured e-mail account, the address of which has been provided by the Customer.
- Matters not regulated in these Terms and Conditions shall in particular be governed by:
- the Act of 18 July 2002 on the Provision of Electronic Services,
- the Act of 30 May 2014 on Consumer Rights,
- the Act of 23 April 1964 - the Civil Code,
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
2. CUSTOMERS AND REGISTRATION
- Browsing the Store's assortment and services does not require registration.
- Customers of the Store (hereinafter referred to as the "Customers") may be natural persons, legal persons and organisational units without legal personality to which legal capacity is granted by law, including entrepreneurs acting through duly authorised persons.
- In order to use all Store functionalities, the Customer may register by completing the electronic form available in the Store. As part of registration, the Customer provides the data required by the form, in particular:
- in the case of a natural person: first and last name, e-mail address, telephone number, delivery address and password,
- in the case of an entrepreneur: company name, registered office or business address, NIP or EU VAT number - for entities outside Poland, e-mail address and password.
- Upon correct registration, an agreement for the provision of electronic services concerning the maintenance of the Customer's account in the Store is concluded (hereinafter referred to as the "Service Agreement").
- The Customer's account contains the data provided in the registration form and the purchase history. In the event of any change to the data, the Customer is obliged to update it without delay. The Customer is responsible for providing incomplete, outdated or false data.
- The Customer is obliged to keep the account access data confidential, in particular the password, and to protect it against access by unauthorised persons. If third parties gain access to the account, the Customer should immediately inform the Administrator.
- If, when using the Store, the Customer provides personal data of third parties, this may only be done in accordance with applicable law and after obtaining the required consents or on the basis of another appropriate legal basis.
- In the event of the Customer's breach of these Terms and Conditions, legal provisions or accepted standards of conduct, the Administrator may terminate the Service Agreement or temporarily suspend access to the Customer's account.
- It is prohibited to copy, record, distribute or use any data, materials, descriptions, graphics, markings or other content available in the Store without the prior consent of the Administrator, except where permitted by law.
- The Service Agreement is concluded for an indefinite period and may be terminated by either party at any time in electronic form, in particular by means of an e-mail sent to the address indicated in § 1 section 3 of these Terms and Conditions.
- A Customer who is a consumer or an entrepreneur enjoying consumer rights and who has registered an account may withdraw from the Service Agreement within 14 days from the date of its conclusion, without giving any reason.
3. PURCHASES
- In order to make a purchase, the Customer may be required to log in to the Store - if this is required by the order placement method made available in the Store for a given Product.
- Information about Products presented in the Store does not constitute an offer within the meaning of the Civil Code, but an invitation to conclude an agreement. Placing an Order by the Customer constitutes an offer to conclude a sales agreement or an agreement for the performance of Goods, depending on the nature of the given Product.
- The Administrator reserves that photographs, visualisations and presentations of Products are for illustrative purposes only. Differences resulting from the Customer's individual device settings, in particular regarding colours, proportions and display, may not constitute grounds for a complaint.
- All materials posted in the Store, in particular photographs, texts, descriptions, graphics and logos, are the property of the Administrator or have been used with the consent of authorised entities. Their copying, modification, distribution or any other use without prior consent is prohibited, except in cases provided for by law.
- The Customer selects Products by adding them to the basket. Adding a Product to the basket does not constitute a reservation.
- Some Products may be manufactured according to individual parameters specified by the Customer, in particular using graphic files provided by the Customer (hereinafter referred to as "Customised Products").
- Graphic files submitted by the Customer should be prepared in accordance with the file preparation specification for printing, constituting Appendix No. 1 to these Terms and Conditions, available at: https://www.flag-accessories.com/userdata/public/assets//Specification_EN.pdf. The Customer is responsible for the completeness, correctness and compliance of the files with the technical requirements. The Administrator may refuse to process the Order if files inconsistent with the specification or technically defective files are submitted.
- The Customer may accept the production of the Product despite identified technical irregularities in the file, if the Administrator allows such a possibility. In such a case, complaints resulting from defects or inconsistencies caused by the file accepted by the Customer may not be taken into account.
- Graphic files provided by the Customer should be checked with up-to-date antivirus software and appropriately secured.
- The Customer may provide the Administrator only with content, including graphic files, the use of which does not infringe legal provisions, third-party rights or accepted standards of conduct. The Administrator reserves the right to refuse to process an Order containing unlawful content or content infringing third-party rights.
- Until the commencement of the Order processing, the Customer may request a change to the Order. Introducing changes requires agreement with the Administrator and may affect the completion time and price of the Order.
- If the graphic file is inconsistent with the specification, requires correction, or if the content of the Order is changed, the completion time may be extended accordingly.
- By placing an Order, the Customer confirms that they have familiarised themselves with the information concerning the production technology of the Product, the properties of the materials used and the rules for its use. The Customer may order a paid sample Product, if such an option is available.
- After the Order is placed, the Administrator sends the Customer a confirmation of its receipt. The agreement is concluded when the Administrator accepts the Order for processing, in particular by sending a confirmation containing the essential terms of the Order processing.
- The Administrator reserves the right not to accept an Order for processing, in particular in the event of:
- lack of data necessary to process the Order,
- unavailability of the Product or materials necessary for its manufacture,
- inability to contact the Customer in order to supplement or verify the data,
- submission of incorrect, incomplete or improperly saved files,
- submission of content inconsistent with the law, third-party rights or accepted standards of conduct,
- lack of production capacity allowing the Order to be completed within the required time.
- If the Administrator is unable to perform the service in whole or in part for reasons beyond its control, in particular due to the unavailability of materials, damage to the Goods or other unforeseen circumstances, it shall immediately inform the Customer and refund the amount received or - with the Customer's consent - provide substitute performance of the same value.
- The Customer may cancel the Order only until it is accepted for processing by the Administrator, unless the Administrator agrees to cancellation at a later stage. In the case of Customised Products, cancellation after processing has begun is generally not possible.
- Before finalising the Order, the Customer is obliged to provide the correct delivery address and contact telephone number. Changing the delivery address after the Order has been accepted for processing is possible only with the Administrator's consent and provided that the shipment has not yet been handed over to the carrier.
- After making the purchase, the Customer is obliged to familiarise themselves with additional information regarding the purchased Product, if such information has been made available on the Product page or provided by the Administrator.
4. PAYMENT
- The current prices of Products are displayed on the Store website.
- Payments are made by the Customer using the payment methods made available in the Store. The Administrator may require payment of an advance or the full price before the Order processing begins.
- If payment is not made within the period indicated by the Administrator or the payment operator, the Order may be cancelled or its processing may be suspended.
- The price of the Product is expressed in Polish zloty or another currency made available in the Store and includes taxes required by applicable law, unless expressly stated otherwise. The price does not include delivery costs, which are stated separately.
- The purchase is documented by an invoice or another sales document compliant with applicable regulations. The Customer accepts receiving invoices electronically at the e-mail address provided.
- The Administrator may grant discounts, promotional codes or discount vouchers on terms specified separately in the Store. Unless expressly stated otherwise, discounts may not be combined, are not exchangeable for cash and are non-transferable.
- If it is necessary to refund funds for a transaction made by payment card or another electronic method, the refund shall be made to the account or payment instrument used for the transaction, unless otherwise provided by law.
5. DELIVERY
- The place of performance by the Administrator is the place where the Product is handed over to the carrier or the place of personal collection - in accordance with the delivery method chosen by the Customer.
- The Administrator informs about the available delivery methods on the Store website and during the ordering process.
- The Order completion time is counted from the moment the Order is accepted for processing and - where applicable - the payment is credited or correct files and materials necessary for processing the Order are delivered.
- In the case of international shipping, the availability of delivery depends on the country of delivery and logistical conditions and may be subject to individual arrangements.
- The Customer should inspect the condition of the parcel immediately after delivery. If transport damage is found, the Customer should prepare a damage report together with the carrier and immediately inform the Administrator.
- The Administrator is not responsible for failure to deliver or delay in delivery resulting from the Customer providing an incorrect, incomplete or ambiguous delivery address or incorrect contact details.
- If the shipment is not collected or personal collection is delayed, the Administrator may charge the Customer for redelivery, storage or other justified costs related to the processing of the Order.
- In the case of delivery to areas subject to customs obligations, zone surcharges or additional logistical restrictions, the Administrator reserves the right to individually calculate the costs and delivery time or to refuse to process the Order.
6. NEWSLETTER
- The Administrator may provide an electronic newsletter service consisting in sending commercial, marketing and promotional information as well as information concerning the Administrator's offer to the e-mail address provided by the Customer.
- The newsletter service is provided only to persons who have given the appropriate consent or in respect of whom the Administrator has another legal basis to send marketing communications.
- The Customer may unsubscribe from the newsletter at any time by using the unsubscribe link included in the message or by contacting the Administrator.
- The Administrator reserves the right to:
- temporarily suspend the newsletter service,
- completely discontinue the newsletter service,
- discontinue the service for a specific recipient if they violate legal provisions, these Terms and Conditions or accepted standards of conduct.
7. PERSONAL DATA PROTECTION
- The controller of the personal data of Customers and other persons whose data has been provided in connection with the use of the Store is Labo Print S.A. with its registered office in Poznań, ul. Szczawnicka 1, 60-471 Poznań.
- Personal data is processed in accordance with applicable law, in particular GDPR, for the purposes of:
- taking action prior to entering into an agreement,
- concluding and performing the agreement,
- fulfilling legal obligations incumbent on the Administrator, in particular tax and accounting obligations,
- pursuing or defending claims,
- marketing of the Administrator's own products and services - on the basis of legitimate interest or consent, if required.
- Personal data may be transferred to entities cooperating with the Administrator, in particular IT service providers, payment operators, carriers, accounting, legal and debt collection entities - only to the extent necessary to achieve the processing purposes.
- The data subject has the right to access their data, rectify it, erase it, restrict processing, transfer data, object to processing and lodge a complaint with the President of the Personal Data Protection Office.
- Providing personal data is voluntary, but it may be necessary to conclude and perform the agreement or to use selected functionalities of the Store.
- Detailed information regarding the processing of personal data and cookies is set out in the Privacy Policy available on the Store website.
8. COMPLAINT PROCEDURE
- The Customer may submit a complaint to the Administrator, in particular in the event of non-conformity of the Product with the agreement, a defect in the Product or improper performance of services by the Administrator.
- The following are not subject to complaint:
- minor colour differences in relation to the accepted colour sample or - if no sample has been provided - in relation to the Customer's expectations regarding colours,
- minor differences resulting from comparison of test prints with the final Product,
- minor dimensional differences that do not affect the possibility of using the Product in accordance with its intended purpose,
- minor differences in relation to the content of the Order that do not affect the intended purpose of the Product.
- If the complaint is accepted and justifies replacement, repair, price reduction or refund of all or part of the amount paid, the Administrator shall inform the Customer of the further procedure.
- The refund shall be made without undue delay, no later than within 14 days from the date the decision to refund is made, unless an earlier refund depends on the Administrator receiving the complained-about Product or proof of its return, if the Administrator requires its return.
9. COMPLAINT PROCEDURE FOR CONSUMERS AND ENTREPRENEURS ENTITLED TO CONSUMER RIGHTS
- The provisions of this section apply exclusively to consumers and entrepreneurs entitled to consumer rights.
- The Customer may submit a complaint in any form, in particular:
- electronically - to the e-mail address: [email protected],
- in writing - to the Administrator's address: Labo Print S.A., ul. Szczawnicka 1, 60-471 Poznań.
- The complaint should contain data enabling identification of the Customer, a description of the problem and the request related to the complaint. If necessary, the Administrator may request that information necessary for its examination be supplemented.
- If it is necessary to provide the Product in order to examine the complaint, the Administrator shall inform the Customer of the method of its delivery. The Administrator does not accept parcels sent cash on delivery.
- The Administrator examines the complaint within 14 days from the date of its receipt. If supplementing information or delivering the Product is necessary to examine the complaint, the period may start from the moment the complete required data is received.
- The Customer will receive information about the method of handling the complaint on a durable medium, in accordance with the chosen form of contact.
- A Customer who is a consumer may use out-of-court complaint handling and redress methods, in particular:
- mediation conducted by the competent Provincial Inspectorate of Trade Inspection,
- assistance of the competent permanent consumer arbitration court,
- assistance of the municipal or district consumer ombudsman,
- the ODR platform available at: http://ec.europa.eu/consumers/odr/.
10. COMPLAINT PROCEDURE FOR ENTREPRENEURS OTHER THAN ENTREPRENEURS ENTITLED TO CONSUMER RIGHTS
- The provisions of this section apply exclusively to entrepreneurs who are not entitled to consumer rights.
- An entrepreneur may submit a complaint electronically to: [email protected] within 7 days from the date of receipt of the Goods, and in the period from 15 June to 15 September - within 14 days from the date of receipt of the Goods. The Administrator reserves the right to refuse to examine a complaint submitted after the expiry of this deadline.
- A complaint concerning an Order with a value exceeding PLN 1,000.00 net or EUR 250.00 net should be submitted using the complaint form available at: https://laboprint.eu/forms/form-of-complaint-labo-print.pdf.
- The complaint should contain at least: the entrepreneur's company name, contact e-mail address, Order number or data allowing its identification, description of the defect or other circumstances justifying the complaint, and the specific request.
- The Administrator may require the complained-about Goods to be delivered at the Customer's expense and photographs of the complained-about Goods to be sent. If photographs are sufficient to examine the complaint, the Administrator may waive the requirement to return the Goods.
- If the complaint requires supplementation, the Administrator shall ask the Customer to provide additional information within the indicated period.
- The Administrator examines the complaint within 14 days from the date of receipt of a properly prepared complaint and - if required - the Goods or photographs. The Administrator may extend the complaint examination period once, informing the Customer thereof electronically. The expiry of the complaint examination period does not mean that the complaint has been accepted.
- Information about the method of handling the complaint shall be provided to the Customer electronically. In the event of rejection of the complaint, the Administrator shall state the reasons for its decision.
11. WITHDRAWAL FROM THE SALES AGREEMENT
- A Customer who is a consumer or an entrepreneur entitled to consumer rights may withdraw from the sales agreement within 14 days from the date of taking possession of the Product, without giving any reason, subject to the exceptions provided for by law and these Terms and Conditions.
- The notice of withdrawal may be submitted:
- electronically - to the e-mail address: [email protected],
- in writing - to the Administrator's address: Labo Print S.A., ul. Szczawnicka 1, 60-471 Poznań.
- The notice of withdrawal from the agreement may be submitted in any form, provided that it clearly expresses the intention to withdraw from the agreement and is submitted within the statutory deadline.
- The right of withdrawal does not apply in particular to Customised Products, i.e. those manufactured according to the Customer's specification or intended to meet the Customer's individual needs.
- In the event of effective withdrawal from the agreement, the Customer is obliged to return the Product without undue delay, no later than within 14 days from the date of withdrawal, unless the Administrator has offered to collect the Product.
- The Customer bears the direct costs of returning the Product, unless the law provides otherwise or the Administrator has expressly informed the Customer that it will bear those costs.
- The Administrator shall refund the Customer in accordance with applicable law, including the price of the Product and the cost of the cheapest standard delivery method offered in the Store, without undue delay, no later than within 14 days from the date of receipt of the notice of withdrawal, subject to the possibility of withholding the refund until the Product is received or proof of its return is provided.
- The Customer is liable for any reduction in the value of the Product resulting from use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- The right of withdrawal also does not apply in other cases indicated in Article 38 of the Consumer Rights Act.
12. FINAL PROVISIONS
- The Administrator reserves the right to amend these Terms and Conditions in the event of:
- technological or functional changes to the Store,
- a change in the scope or method of providing services,
- changes in generally applicable legal provisions,
- the need to adapt the content of the Terms and Conditions to court rulings, administrative decisions or guidelines of authorities,
- security, privacy protection or anti-abuse reasons,
- editorial and organisational changes.
- The Administrator shall inform Customers who have an account in the Store about changes to the Terms and Conditions electronically or by publishing information in the Store. Changes shall enter into force on the date indicated by the Administrator, not earlier than 15 days from the date of their announcement, provided that Orders placed before the changes enter into force shall be governed by the Terms and Conditions in force at the time the Order was placed.
- Additional services may be provided by the Administrator on the basis of separate terms and conditions or policies.
- The Customer is obliged to refrain from unlawful actions, actions contrary to these Terms and Conditions, accepted standards of conduct or principles of social coexistence, as well as actions that may disrupt the functioning of the Store or infringe the rights of the Administrator, other Customers or third parties.
- All appendices to these Terms and Conditions constitute an integral part hereof.
- Matters not regulated by these Terms and Conditions shall be governed by Polish law, subject to mandatory provisions protecting consumers.
- If any provision of these Terms and Conditions is deemed invalid or ineffective, the remaining provisions shall remain in force.
- To the extent permitted by law, disputes arising from agreements concluded between the Administrator and a Customer who is not a consumer shall be resolved by the court having local jurisdiction over the Administrator's registered office.
- These Terms and Conditions shall enter into force on the date of their publication.
APPENDICES:
- Appendix No. 1 - File preparation specification for printing - available at https://www.flag-accessories.com/userdata/public/assets//Specification_EN.pdf
- Appendix No. 2 - Complaint form - available at https://laboprint.eu/forms/form-of-complaint-labo-print.pdf