Terms and Conditions for Personalized Orders.

I. PRELIMINARY PROVISIONS

  1. The owner of the Online Store is: “Power Canvas spółka z ograniczoną odpowiedzialnością” based in Krakow 30-701, at 39 Zabłocie Street, registered in the register of entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, with the identification number NIP: 6751524327, REGON: 362516750, e-mail: kontakt@powercanvas.pl (“Administrator”).
  2. To use the Online Store, including browsing the Goods available in the Online Store's assortment and placing orders, it is necessary to have a device (e.g., a computer) with Internet access and an Internet browser: Safari, Chrome, Internet Explorer, Firefox, or Opera. To register and place orders, the Client must have an active email account.
  3. Clients of the Online Store can be adult natural persons with at least limited legal capacity as well as legal persons or organizational units without legal personality, with legal capacity and legal action capacity.

II. DEFINITIONS

  1. Business Days – all days of the week from Monday to Friday, excluding public holidays and Saturdays;
  2. Client – any person who in any way uses the Online Store;
  3. Newsletter – commercial information regarding the Power Canvas brand, including but not limited to information about Goods, news, promotions, etc.;
  4. Online Store – an IT platform managed by the Administrator, enabling the placement of orders for Goods, operating at the addresses: www.powercanvas.com and www.powercanvas.pl;
  5. Goods – products that can be ordered in the Online Store, manufactured according to the Specification (personalized);
  6. Specification – any guidelines provided by the Client in the message referred to in Chapter III, paragraph 5 of the Terms and Conditions, or agreed with the Client based on the regulation of Chapter III, paragraph 7(b) of the Terms and Conditions, containing requirements regarding the method of manufacturing the Goods according to the Client's individual needs, which may include one or more of the following elements: guidelines regarding the model(s) of the entire Goods covered by the order or its individual items; presentation of a graphic design to be applied to all models of the Goods covered by the order or to their individual items.

III. ORDER PLACEMENT RULES

  1. Before placing an order in the Online Store, the Client should read these Terms and Conditions.
  2. Information about Goods available in the Online Store's assortment does not constitute an offer within the meaning of the Civil Code. Information about Goods provided on the Online Store's website constitutes an invitation to make offers by Clients.
  3. By placing an order in the Online Store, the Client makes an offer to conclude a sales contract (purchase) for the selected Goods. The conclusion of the sales contract requires the Client to place an order and then for the Online Store to confirm the acceptance of the order for execution after verifying the possibility of fulfilling the order according to the Specification.
  4. Placing orders in the Online Store is possible 7 days a week and 24 hours a day, but their execution takes place on Business Days.
  5. The Client can place an order in the Online Store by: sending an email message to the Online Store's email address: kontakt@powercanvas.pl, sending an electronic message to the Online Store using the contact form available on the website: www.powercanvas.pl, www.powercanvas.com, containing in particular: the address and method of delivery, the number of pieces of Goods indicating the quantity of pieces of individual models of Goods ordered by the Client if the order includes different models of Goods, and the Specification of the Goods.
  6. When placing an order, the Client has the opportunity to provide guidelines in the Specification indicated in Chapter II, point 6(b) of the Terms and Conditions or to use the service of creating a graphic design applied to the Goods by a graphic designer cooperating with the Online Store. The cost of creating a graphic design applied to the Goods by a graphic designer cooperating with the Online Store is included in the product cost, provided that the minimum order quantity indicated in the email correspondence or on the website is met.
  7. Within 48 hours of receiving the message referred to in paragraph 5 above, the Administrator: provides a quote for the order, presents the Client with the proposed delivery date of the order, and confirms the Client's guidelines contained in the Specification, or begins making arrangements regarding the determination of the Specification of the order, especially regarding the implementation of the graphic design, if they were not sufficiently specified by the Client in the message referred to in paragraph 5 above, and then provides a quote for the order, as well as presents the Client with the proposed delivery date of the order.
  8. After confirming the Client's guidelines contained in the Specification or after making arrangements regarding the determination of the order's Specification, especially regarding the implementation of the graphic design, and after providing the quote for the order and presenting the Client with the proposed delivery date of the order, the Administrator will confirm the acceptance of the order.
  9. The quote for the order placed by the Client is made individually for each order and depends on the complexity of the order described in the Specification, including in particular: the number of pieces of Goods ordered, the selected model or models of Goods, and the type of graphic design indicated in the Specification, in accordance with paragraph 7 above.
  10. The quote for the order is binding for both the Client and the Administrator. The quote is provided in Polish zloty (PLN), British pounds (GBP), or euros (EUR). The quote includes VAT (is a gross price), unless explicitly stated otherwise.
  11. The quote for the order does not include the cost of shipping the Goods to the Client. The shipping cost is added to the order quote, the amount of which is indicated on the "Payment and Shipping" subpage found on the Online Store's website or determined individually based on the delivery address. Shipping costs depend on the method of delivery to the Client, the place of delivery, the value, and the size of the order.
  12. The Client placing an order in the Online Store can use the following payment methods: bank transfer payment – before receiving the ordered Goods, to the bank account indicated on the invoice; card payment via a specially generated payment link.

IV. ORDER FULFILLMENT

  1. Order fulfillment is carried out within the time agreed with the Client based on the regulations of Chapter III, paragraphs 7 and 8 above, but no later than within 15 or 21 business days from the date of sending the Client the order acceptance confirmation, in accordance with the provisions of paragraph 8 below.
  2. The Administrator promptly confirms to the Client the acceptance of the order for fulfillment to the email address provided by the Client during the order placement, but no later than within three days from the date: of confirming the Client's guidelines contained in the Specification sent to the Administrator in the message referred to in Chapter III, paragraph 5 above, or from the date of completing the arrangements referred to in Chapter III, paragraph 7(b) above, or from the date of receiving payment for the order, in the cases referred to in paragraph 9 below.
  3. If it is not possible to fulfill the order according to the Specification for all or part of the Goods, the Administrator informs the Client within three days from the date of receiving the order containing the Specification, or from the date of determining the Specification, in accordance with the provisions of Chapter III, paragraph 7(b) above, by sending a message to the email address provided by the Client. If it is not possible to fulfill the order according to the Specification for part of the Goods, the Client decides whether the order should be partially fulfilled or completely canceled.
  4. The Client may change or cancel the order via the email address: kontakt@powercanvas.pl, until the order fulfillment begins, which is understood as the receipt by the Client of the message about the acceptance of the order for fulfillment in accordance with the provisions of paragraph 2 above.
  5. In the event of order cancellation as indicated in paragraph 3 or 4 above, if the payment was made in advance, the Administrator will refund the amount paid (or part of it in case of partial fulfillment) within three business days from the date of canceling the order in whole or in part.
  6. The Administrator has the right to refuse to fulfill the order placed by the Client, or part of it, if it is clear that fulfilling the order for the Goods manufactured according to the Specification would infringe the rights of third parties, including image rights, property or personal copyright, trademark rights, or other industrial property rights. The Administrator will inform the Client about the refusal to fulfill the order or part of it promptly, but no later than within three business days from the date of placing the order by the Client, by sending a message to the email address provided by the Client. In case of refusal to fulfill part of the order as indicated in the preceding sentence, the Client decides whether the order should be partially fulfilled or completely canceled. In the event of order cancellation as indicated in the preceding sentence, if the payment was made in advance, the Administrator will refund the amount paid (or part of it in case of partial fulfillment) within three business days from the date of canceling the order in whole or in part.
  7. The Administrator makes refunds using the same payment method used by the Client, unless the Client explicitly agrees to a different refund method that does not involve any costs for the Client.
  8. Goods ordered in the Online Store are delivered to the address specified by the Client during the order placement within the territory of the Republic of Poland within 15 business days from the date of sending the Client the order acceptance confirmation. For orders to an address outside the Republic of Poland, the Goods are delivered within 21 business days from the date of sending the Client the order acceptance confirmation.
  9. A condition for accepting the order for fulfillment is the prior payment for the ordered Goods. In the case of selecting bank transfer payment, the Administrator will accept the order for fulfillment after the payment for the ordered Goods is credited to the Administrator's bank account. In the case of selecting bank transfer payment, the Client should make the payment within seven days from the date of placing the order.
  10. Delivery of the shipment to the Client is carried out, according to the Client's choice, via a courier company.
  11. Delivery of the shipment to the Client will be carried out on a business day or, at the Client's explicit request, on Saturday, provided that such a service is available.
  12. The Administrator delivers the Goods to the Client along with the sales document in the form of a receipt, invoice, or VAT invoice. The receipt or VAT invoice delivered to the Client along with the Goods confirms the conclusion of the contract.
  13. The costs of delivering the ordered Goods are borne by the Client. The amount of the costs for delivering the ordered Goods is indicated in the "Payment and Shipping" section on the Online Store's website.

V. WITHDRAWAL FROM THE CONTRACT

  1. The right to withdraw from the contract does not apply to the Client regarding contracts where the subject of the service is a non-prefabricated item, produced according to the consumer's specifications or serving to satisfy their individualized needs, which means Goods produced according to the Specification provided by the Client directly in the message referred to in Chapter III, paragraph 5 above, or agreed with the Client based on the regulation of Chapter III, paragraph 7(b) above.
  2. The Client is responsible for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

VI. COMPLAINTS

  1. The Administrator undertakes to deliver Goods to the Client without defects.
  2. The Administrator is liable to the Client if the sold item has a physical or legal defect, according to the principles set out in the provisions of the Act of April 23, 1964, Civil Code.
  3. Complaints related to the non-compliance of the Goods with the contract can be submitted, for example, personally, via email to: kontakt@powercanvas.pl or in writing to the Administrator's address: Power Canvas sp. z o.o., ul. Zabłocie 39, 30-701 Kraków.
  4. The Administrator will consider and respond to the complaint submitted by the Client promptly, no later than within 14 days from the date of the complaint submission.

VII. PERSONAL DATA

  1. The Administrator is the controller of the personal data set provided by the Clients of the Online Store in connection with the order fulfillment.
  2. The personal data provided by the Client is used by the Administrator solely for the purpose of fulfilling orders, in a manner ensuring their security, in accordance with applicable laws, especially the Personal Data Protection Act, and in accordance with the Privacy Policy, which constitutes Appendix No. 2 to these Terms and Conditions. The Client's personal data is secured against unauthorized access.
  3. The Client has the right to access their personal data, correct and modify it, and request its deletion.
  4. The Client may also consent to the processing of their personal data to a broader extent than indicated above.

VIII. NEWSLETTER

  1. The Client may consent to receive commercial and marketing information from the Administrator via electronic means, in the form of a Newsletter, to the email address provided by the Client.
  2. The Client may unsubscribe from receiving the Newsletter at any time.

XI. CONTACT DETAILS

  1. The Administrator will contact Clients via the email address, phone number, or in writing, provided by the Client.
  2. The Client can contact the Administrator in the following ways:
    • a) via email: kontakt@powercanvas.pl;
    • b) via the Online Store, using the contact form located in the "contact" section;
    • c) by mail at: Power Canvas sp. z o.o., ul. Zabłocie 39, 30-701 Kraków;
    • d) via the hotline at +48570670660, on business days between 9:00 AM and 5:00 PM.

XII. FINAL PROVISIONS

  1. The Administrator has copyright or appropriate licenses for photos and content on the Online Store website. Copying and distributing them without the Administrator's consent is prohibited.
  2. In the event that the Administrator produces Goods according to the Client's Specification provided directly in the message referred to in Chapter III, paragraph 5 above, or agreed with the Client based on the regulation of Chapter III, paragraph 7(b) above, the Client is responsible for ensuring that the provided graphic design does not infringe the rights of third parties.
  3. The names of the Goods listed on the Online Store website may be protected under the provisions of the Act of June 30, 2000, Industrial Property Law.
  4. In matters not regulated by these Terms, the generally applicable provisions of Polish law apply, including the Act of April 23, 1964, Civil Code, the Act of May 30, 2014, on consumer rights, and the Act of August 29, 1997, on the protection of personal data, provided that this provision does not deprive a consumer Client who does not have a permanent place of residence in Poland of the protection granted to them under provisions that cannot be excluded by agreement, under the law that would be applicable in the absence of a choice according to the law of the state where the consumer has their usual residence.
  5. Any disputes arising between a Client who is not a consumer and the Administrator are subject to Polish jurisdiction and will be resolved by the court having territorial jurisdiction over the Administrator's registered office.
  6. The Administrator does not apply the code of good practices within the meaning of the Act of August 23, 2007, on counteracting unfair market practices.