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Terms and Conditions

ONLINE STORE TERMS AND CONDITIONS

www.schokomitlogo.de

Section 1

GENERAL PROVISIONS

  1. The www.schokomitlogo.de store operates on the principles specified in these Regulations.
  2. The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.schokomitlogo.de store, the principles of providing these services, the conditions for concluding and terminating agreements for the provision of services electronically.
  3. Each customer, upon taking action to use the Electronic Services of the www.schokomitlogo.de Store, is obliged to comply with the provisions of these Regulations.
  4. In matters not regulated in these Regulations, the provisions of:
    • The Act on the provision of services by electronic means of 18 July 2002
    • The Act on consumer rights of 30 May 2014
    • The Act on out-of-court resolution of consumer disputes of 23 September 2016
    • The Civil Code Act of 23 April 1964 and other relevant provisions of Polish law shall apply.

Section 2

DEFINICJE ZAWARTE W TERMSIE

  1. ORDER FORM – a form available on the website www.schokomitlogo.de enabling the placement of an Order.
  2. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
  3. CONSUMER – a natural person who performs a legal act with the entrepreneur that is not directly related to their business or professional activity.
  4. ENTREPRENEUR – a natural person, legal person and an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on their own behalf.
  5. PRODUCT – a product made to the individual order of the customer, which is the subject of the Sales Agreement between the Customer and the Seller.
  6. REGULATIONS – these regulations of the Store.
  7. SHOP – the Service Provider’s online store operating at www.schokomitlogo.de
  8. SELLER, SERVICE PROVIDER – Custom Group Sp.z o.o with its registered office in Poland, Rybnik (44-207), ul. Podmiejska 95, NIP 642-324-98-56, REGON 527393046
  9. SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
  10. ORDER – Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
  11. PRICE – value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.

Section 3

INFORMATION ABOUT PRODUCTS AND ORDERING THEM

  1. The www.schokomitlogo.de store sells Products via the Internet.
  2. The products offered in the Store are made to individual customer orders, according to a design made independently by the customer in accordance with the agreement and have been legally introduced to the Polish market.
  3. The Seller does not make any corrections, is not responsible for errors in the made/sent design.
  4. The Seller is not responsible for the content placed on the design by the Customer.
  5. The information on the Store’s websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a specific Product on the terms specified in its description.
  6. The price of the Product displayed on the Store’s website is given in EURO (EUR) and includes all components. The price includes delivery costs.
  7. Orders can be placed via the website using the Form located on the www.schokomitlogo.de website – 24 hours a day all year round.
  8. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept their provisions when placing the Order.

Section 4

CONCLUSION OF A SALES AGREEMENT

  1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance in a manner provided by the Seller, in accordance with § 3 points 7 and 8 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt.
  3. Confirmation of acceptance of the Order, referred to in point 2 of this paragraph, binds the Customer with their Order. Confirmation of receipt of the Order is made by sending an e-mail message.
  4. Confirmation of receipt of the order includes: confirmation of all important elements of the order such as – price, quantity, approximate date of completion.
  5. Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
  6. Each Sales Agreement will be confirmed by proof of purchase, which will be delivered to the customer by means of electronic communication – e-mail or accounting program.


Section 5

PAYMENT METHODS

  1. The Seller provides the following payment methods:
    • payment by traditional transfer to the Seller’s bank account,
    • payment via an electronic payment system.
  2. In the case of payment by traditional transfer, the payment should be made to bank account number 38 1090 0088 0000 0001 5675 0364 (Bank Santander Bank Polska S.A.)
  3. In the transfer title, enter “Order No. …”.
  4. In the case of payment via an electronic payment system, the Customer makes the payment before the Order begins to be processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
  5. The Customer is obliged to pay the price under the Sales Agreement within 3 (in words: three) business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
  6. The product will be sent only after it has been paid for.

Section 6

COST, TIME AND METHODS OF PRODUCT DELIVERY

  1. Product delivery costs, which are covered by the Customer, are determined during the Order placement process.
  2. The product delivery time consists of the time it takes to make the product according to the individual order and the time it takes to deliver the product by the carrier:
    • the standard time for making products is 10-12 business days – unless otherwise stated
    • the delivery of products by the carrier takes place within the time declared by him, i.e. up to 3 business days from the moment of sending the parcel (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
  3. The Products purchased in the Store are sent exclusively by a courier company.

Section 7

PRODUCT COMPLAINT

  1. Complaint regarding the lack of conformity of the Product with the contract.
    • The basis for the complaint is the execution of the order not in accordance with the customer’s order.
    • A necessary condition for accepting the complaint for consideration is a properly executed project delivered in the required formats, colors and in accordance with the provided specification by the Customer.
  2. The deadline for filing a complaint regarding food products is 3 days from the date of receipt of the goods that are not in accordance with the order.
  3. Notification of the lack of conformity of the Product with the contract and the submission of an appropriate request can be made via e-mail to the address: info@custom-group.pl or in writing to the address: ul. Podmiejska 95, 44-207 Rybnik
  4. In the above message in written or electronic form, as much information and circumstances regarding the subject of the complaint as possible should be provided, . The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,
  5. In the event that the Service Provider is unable to assess the customer’s reservations – remotely, to assess the irregularities and non-compliance of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense,
  6. The Seller will respond to the Customer’s request immediately, no later than within 14 days from the date of filing the complaint,
  7. In the case of a complaint from a Customer who is a Consumer – failure to process the complaint within 14 days from its filing is tantamount to its acceptance,
    • In connection with a justified complaint from the Customer, the Seller, after arrangements with the customer:
    • Makes new goods in accordance with the order within a time agreed individually or
  8. Reduces the price of the Product in accordance with the arrangements between the two parties and by mutual consent.

Section 8

RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The right to withdraw from a contract concluded at a distance does not apply to the Consumer in the case of a Sales Agreement, among others, in which the subject of the provision is a non-prefabricated product, manufactured according to the Consumer’s specifications or intended to meet his individual needs – offered on the website www.schokomitlogo.de

Section 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of the Electronic Service through the Store, which is the conclusion of Product Sales Agreements.
  2. The provision of the Electronic Service to Customers in the Store is carried out on the terms specified in the Regulations.
  3. The Service Provider has the right to place advertising content on the Store’s website. This content constitutes an integral part of the Store and the materials presented therein.

Section 10

CONDITIONS OF PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
  2. The Agreement for the provision of the Electronic Service consisting in enabling the placement of an Order in the Store is concluded for a fixed period and is terminated at the moment of placing an Order or ceasing to place it by the Service Recipient.
  3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
    • computer (or mobile device) with Internet access,
    • access to e-mail,
    • internet browser,
    • enabling Cookies and Javascript in the internet browser.
  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good customs, taking into account respect for personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to enter data consistent with the actual state of affairs.
  6. The Service Recipient is prohibited from providing content of an illegal nature.

Section 11

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of the Electronic Service via the Store may be submitted by the Service Recipient via e-mail to the following address: info@custom-group.pl
  2. In the above e-mail message, provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Service Provider.
  3. The complaint will be considered by the Service Provider immediately, no later than within 14 days from the date of submission.
  4. The Service Provider’s response to the complaint is sent to the Service Recipient’s e-mail address provided in the complaint notification or in another manner provided by the Service Recipient


Section 12

FINAL PROVISIONS

  1. Agreements concluded through the Store are concluded in accordance with Polish law.
  2. In the event of any inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the disputed provision of the Regulations.
  3. Any disputes arising from Sales Agreements between the Store and Consumers shall be resolved first through negotiations, with the intention of amicably resolving the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this is not possible or is unsatisfactory for either party, disputes shall be resolved by a competent common court, in accordance with point 4 of this paragraph.
  4. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
  5. A Client who is a Consumer also has the right to use out-of-court methods of resolving disputes, in particular by submitting, after the end of the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodship Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection. Extrajudicial claims settlement after the end of the complaint procedure is free of charge.
  6. In order to amicably resolve the dispute, the consumer may in particular file a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.
  7. Document prepared using an automatic generator available at www.lexlab.pl/generator-regulaminu