Terms of service
Terms of Service
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Definitions
1.1 Terms of Service – these Terms of Service, governing the rules for concluding distance sales contracts through the Online Shop, the performance of those contracts, the rights and obligations of the parties to a distance sales contract, and the complaints procedure. In respect of services provided by electronic means, these Terms constitute the terms of service referred to in Article 8 of the Act on the Provision of Electronic Services.
1.2 Customer – a natural person with full legal capacity, a legal person, or an organisational unit without legal personality to which the law grants legal capacity, who concludes a distance sales contract with the Seller.
1.3 Consumer – a consumer within the meaning of Article 22¹ of the Civil Code, i.e. a natural person entering into a legal transaction with an entrepreneur that is not directly related to that person's business or professional activity.
1.4 Sole Trader Making a Non-Professional Purchase – a natural person concluding a distance sales contract directly related to their business activity, where the content of that contract indicates it is not of a professional nature for that person (as determined in particular by the business activity codes listed in the Central Register and Information on Business Activity – CEIDG), and who is therefore entitled to: withdraw from the contract on terms granted to Consumers, the benefit of provisions on unfair contract terms, and the statutory warranty for defects in the goods sold.
1.5 Seller – MK Studio Michał Gatner, tel. +48 575 300 670, contact@posterpolytechnic.com, Tax ID (NIP): 6191950507, Statistical ID (REGON): 300251230.
1.6 Seller's Registered Address – Ametystowa 7, 55-002 Dobrzykowice.
1.7 Online Shop – the online service operated by the Seller, available at https://posterpolytechnic.com, through which the Customer may obtain information about Products and their availability, purchase Products, or commission services.
1.8 Distance Sales Contract – a contract for the sale of Products / provision of services / delivery of digital content (where applicable), concluded through the Online Shop.
1.9 Product – a movable item that the Customer may purchase in the Online Shop.
1.10 Privacy and Cookies Policy – a document setting out the detailed rules for processing personal data and the use of cookies. The Privacy and Cookies Policy constitutes Annex 3 to these Terms and is available at https://posterpolytechnic.com/en/policies/privacy-policy.
1.11 Durable Medium – any material or tool enabling the Customer or the Seller to store information addressed personally to them in a way that allows future access for a period appropriate to the purposes for which the information is intended, and which allows the stored information to be reproduced unchanged – in particular, email.
1.12 Electronic Order Form – the electronic ordering procedure made available by the Seller to the Customer.
1.13 Electronic Returns Form – the electronic returns procedure made available by the Seller to the Customer, available at https://posterpolytechnic.com/en/policies/refund-policy.
1.14 Electronic Complaints Form – the electronic complaints procedure made available by the Seller to the Customer; contact the Seller at contact@posterpolytechnic.com.
1.15 Placing an Order – confirmation of an order by clicking the "Order and Pay" button, constituting the Customer's binding declaration of intent to conclude a distance sales contract with the Seller.
1.16 Account – a set of data stored in the Online Shop and the Seller's IT systems relating to a given Customer and their orders and concluded distance sales contracts, through which the Customer may place, cancel, or amend orders.
1.17 Order Fulfilment Review and Product Review – subjective comments and star ratings (1–5) submitted by the Customer in respect of the Online Shop following a completed order.
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General Provisions
2.1 Types and scope of services provided by electronic means:
2.1.1 Concluding online sales contracts – in respect of Products sold in the Online Shop.
2.1.2 Rules for registering and using an Account in the Online Shop.
2.1.3 Adding reviews, comments, and ratings – the Customer may add a review or comment to their order.
2.1.4 Sending emails in which the Seller confirms receipt of the order, receipt of payment, and acceptance of the order for processing.
2.2 Use of the Online Shop is conditional on the Customer's IT system meeting the following minimum technical requirements:
2.2.1 Web browsers: Firefox, Chrome, or Internet Explorer (current version).
2.2.2 Any application capable of viewing PDF files.
2.3 Content published on the Online Shop pages, including Product descriptions and prices, constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code. Such content becomes binding – for the purposes of a specific contract – only upon the Customer placing an order by clicking the "Order and Pay" button.
2.4 The Seller makes these Terms and their Annexes available via a link on the homepage, before, during, and after the conclusion of a distance sales contract. The Customer may download and print them.
2.5 To ensure the security of communications and data in connection with the services provided, the Online Shop implements technical and organisational measures appropriate to the level of security required, including measures to prevent unauthorised access to and modification of personal data transmitted over the internet.
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Orders
3.1 Orders in the Online Shop may be placed using an Account or via the guest checkout option.
3.2 Purchases are made by completing the Electronic Order Form available on the Online Shop pages. Products are added to the basket. The Electronic Order Form specifies, among other things, which Products, at what price, and in what quantities the Customer wishes to order and to what delivery address. The Customer follows the steps guided by on-screen instructions.
3.3 Once all required information has been entered, an order summary will be displayed, containing: the Seller's identification details, the subject of the order, the unit and total price of the ordered Products including delivery costs and any other charges, the chosen payment method, the chosen delivery method, and the estimated delivery time and cost.
3.4 Where the contract concerns the delivery of digital content not stored on a physical medium, or services performed electronically or at a distance, the Consumer must tick an additional checkbox (required to complete the order) on the Electronic Order Form confirming: "I consent to the delivery of digital content not stored on a physical medium / the commencement of the service before the expiry of the 14-day withdrawal period, and I acknowledge that I thereby lose my right of withdrawal." The Seller will confirm receipt of this consent by email.
3.5 To place an Order, the Customer must provide the mandatory personal data in the Electronic Order Form, accept these Terms, and submit the order by clicking "Order and Pay."
3.5.1 Submission of the Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a distance sales contract in accordance with these Terms.
3.5.2 The distance sales contract is deemed concluded upon the Seller's acceptance of the Electronic Order Form, confirmed by displaying an order confirmation message and order number to the Customer.
3.5.3 Following conclusion of the distance sales contract, the Customer receives an email confirmation containing: confirmation of acceptance of the order and final confirmation of all material elements of the order and the general terms of the concluded distance sales contract (these Terms including Annexes 1 and 2), the Seller's details, the Seller's liability for quality of performance, post-sale services, and the procedure and consequences of withdrawal from the contract. Information on the procedure and consequences of withdrawal is contained in Annex 1.
3.5.4 Until the Seller commences fulfilment of the order:
3.5.4.1 The Customer may amend their order by re-entering the order process. An amended order replaces the previous one. Any payment already made is applied to the new order; any overpayment is refunded to the bank account used for the original payment.
3.5.4.2 The Customer may cancel their order by selecting the "Cancel order" option in the Electronic Order Form.
3.5.5 Upon cancellation, the Seller will refund the payment received within 3 business days, using the same payment method as the Customer used.
3.5.6 Order fulfilment time is 2 to 3 business days from the date of conclusion of the contract.
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Payment
4.1 The Online Shop offers payment by advance payment (prepayment), cash on delivery, and deferred payment (post-delivery invoice). Deferred payment is available only where individually agreed with the Seller.
4.2 Payment for Products may be made using the method selected at the time of placing the order in the Electronic Order Form.
4.3 Currently available prepayment methods are displayed at checkout during the ordering process.
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Delivery
5.1 The Customer selects a delivery method in the Electronic Order Form. The Seller reserves the right to change the Customer's chosen delivery method at no additional cost to the Customer.
5.2 If the Customer fails to collect the Product and it is returned to the Seller, the Seller may withdraw from the sales contract by notifying the Customer by email.
5.3 In the situation described in clause 5.2, the Seller is obliged to promptly refund the Customer's payment for the purchased Product.
5.4 Currently available delivery methods are displayed at checkout during the ordering process.
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Right of Withdrawal
6.1 A Customer who is a Consumer and who has concluded a distance sales contract may withdraw from it within 30 days without giving any reason. Upon withdrawal, the contract is deemed not to have been concluded.
6.2 The right of withdrawal on the terms set out in Sections 6 and 7 of these Terms also applies to a Sole Trader Making a Non-Professional Purchase.
6.3 The Seller will verify the entitlement of the person referred to in clause 6.2 to submit a withdrawal notice, by checking whether the contract is not of a professional nature for that person – in particular by examining the PKD business activity codes listed in the Central Register and Information on Business Activity (CEIDG).
6.4 If the Seller determines that the purchase was of a professional nature, the Seller will notify the person within 3 business days of receiving the withdrawal notice that the right of withdrawal does not apply and that the withdrawal notice has no legal effect. If the Product has already been physically returned, it will be sent back at the expense of the person who submitted the notice, to the address provided in the order. The Seller's response will be given using the same means of communication as the withdrawal notice.
6.5 Upon withdrawal, the Consumer bears only the direct cost of returning the Product.
6.6 The Consumer's withdrawal notice must clearly express their intention to withdraw. In particular, the Consumer may:
6.6.1 Use the Electronic Returns Form available on the Online Shop.
6.6.2 Withdraw using the model withdrawal form (Annex 2), sent to the Seller's registered address.
6.6.3 The Seller will promptly acknowledge receipt of the withdrawal notice submitted in the manner described in clauses 6.6.1 and 6.6.2, on a Durable Medium.
6.7 The withdrawal deadline is met if the notice is sent before its expiry.
6.8 The withdrawal period begins:
6.8.1 For contracts under which the Seller transfers ownership of a Product – from the day the Consumer or a third party designated by the Consumer (other than the carrier) takes possession of the Product; and in the case of a contract that:
6.8.1.1 covers multiple Products delivered separately, in batches, or in parts – from the day of taking possession of the last Product, batch, or part;
6.8.1.2 involves the regular delivery of Products over a specified period – from the day of taking possession of the first Product.
6.8.2 For other contracts – from the date of conclusion of the contract.
6.9 The model withdrawal form (Annex 2) and the information on the right of withdrawal (Annex 1) are provided electronically as described in clause 3.5.3.
6.10 The right of withdrawal from a distance sales contract does not apply to contracts for:
6.10.1 Goods or services whose price or remuneration depends on fluctuations in the financial market beyond the Seller's control, which may occur before the withdrawal period expires.
6.10.2 Non-prefabricated goods produced to the Consumer's specifications or clearly personalised.
6.10.3 Goods supplied in sealed packaging that cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery.
6.10.4 Audio or visual recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery.
6.10.5 Digital content or electronic licences not supplied on a physical medium, if performance has begun with the Consumer's express consent before the withdrawal period expires and after the Consumer has been informed of the loss of the right of withdrawal.
6.10.6 Goods that deteriorate rapidly or have a short shelf life, and goods that after delivery are inseparably mixed with other items by their nature.
6.10.7 Newspapers, periodicals, or magazines, except subscription contracts.
6.10.8 Contracts concluded by public auction.
6.10.9 Contracts for accommodation services (other than for residential purposes), transport of goods, car rental, catering, or leisure, entertainment, sporting, or cultural event services, where the contract specifies a date or period of performance.
6.10.10 Alcoholic beverages whose price was agreed at the time of the sale, delivery of which can only take place after 30 days, and whose value depends on market fluctuations beyond the Seller's control.
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Consequences of Withdrawal
7.1 Within 14 days of receiving the withdrawal notice, the Seller will refund all payments received from the Consumer, including delivery costs corresponding to the cheapest standard delivery option offered by the Seller.
7.1.1 The refund will be made using the same payment method as the Consumer used.
7.1.2 If the Consumer uses the Electronic Returns Form, the refund will be made using the method and to the bank account specified by the Consumer.
7.2 If the Seller has not offered to collect the Product from the Consumer, the Seller may withhold the refund until the Product has been returned or proof of its return has been provided, whichever occurs first.
7.3 The Seller may offer to collect the Product from the Consumer. If no such offer has been made, the Consumer must return the Product to the Seller (or a person authorised by the Seller to receive it) promptly and no later than 14 days from the date of withdrawal. The deadline is met if the Product is sent before it expires. Returns should be sent to the Seller's registered address.
7.4 The Consumer is liable for any diminution in the value of the Product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
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Complaints
8.1 The Seller is obliged to deliver Products free from physical and legal defects and is liable to the Customer for physical and legal defects in purchased Products under the terms of the Civil Code (statutory warranty).
8.2 If, after ownership of the Product has passed to the Customer, the Customer finds that the Product has physical or legal defects, the Customer may submit a statutory warranty claim:
8.2.1 Via the Electronic Complaints Form (email: contact@posterpolytechnic.com).
8.2.2 In writing to the Seller's registered address or by email to contact@posterpolytechnic.com.
8.2.3 The complaint must describe the defect, state the Customer's claim, and where possible include documentation of the defect and proof of purchase. The Seller must respond within 14 days of receipt. Failure to respond within this period is deemed acceptance of the complaint. The Seller's response is delivered in writing or on a Durable Medium.
8.2.4 If a complaint is submitted by means other than the Electronic Complaints Form, the Seller will inform the Customer of the further steps in the complaints process using the same means of communication.
8.2.5 If the Seller accepts the complaint as justified, the costs of replacement, repair, and associated postage are borne by the Seller.
8.2.6 Where a complaint is submitted by a Sole Trader, the Seller will verify whether the purchase was of a non-professional nature, by examining the PKD codes in CEIDG.
8.2.7 If the dispute is not resolved following a complaint by the Consumer, the Seller will inform the Consumer in writing or on a Durable Medium whether the Seller:
8.2.7.1 intends to apply for or consents to participation in out-of-court consumer dispute resolution proceedings; or
8.2.7.2 refuses to participate in out-of-court consumer dispute resolution proceedings.
8.3 The Seller is liable under the statutory warranty if a physical defect is found within two years of delivery of the Product. For second-hand goods, this period is one year from delivery.
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Reviews
9.1 After an order has been fulfilled, a registered Customer may be invited by email to submit an Order Fulfilment Review and a Product Review. Submitting reviews is voluntary and free of charge. A Customer may submit reviews for a given order only once.
9.2 Reviews may include a star rating from 1 to 5 and written comments of up to 65,535 characters. Reviews are automatically attributed to the Customer's first name and the city specified at account registration.
9.3 Reviews are stored and displayed publicly on the Online Shop.
9.4 The Seller does not verify the substantive content of reviews. The Customer bears sole responsibility for the content of their reviews. The Seller is entitled to block reviews in whole or in part in accordance with applicable law and these Terms.
9.5 Reviews must not contain false or misleading information, vulgar, aggressive, or offensive content, or content that is clearly contrary to good practice. Reviews must not be unlawful, infringe third-party rights, or constitute an act of unfair competition.
9.6 Reviews must not contain links to external promotional or advertising websites or third-party personal data. Unlawful content, including acts of unfair competition, is prohibited.
9.7 The Customer bears responsibility for the content they post, and in particular for any infringement of the rights or personal interests of third parties.
9.8 At the Customer's explicit request, the text of a review may be hidden from other users, but the star rating will continue to count towards the overall Shop and Product rating.
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Intellectual Property
10.1 The Customer acknowledges that they hold no rights – including copyright or related rights – in the reviews and content they post, beyond the right to use the Online Shop as set out in these Terms. The Customer may not record, reproduce, share, publish, or distribute content except as permitted by law or these Terms.
10.2 The Customer may not interfere with any content on the Online Shop, including its text, structure, layout, graphics, functionality, or any other elements.
10.3 By posting reviews in the Online Shop that constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, the Customer grants the Seller a non-exclusive, royalty-free, unlimited licence (including the right to sublicense to the Seller's partners) to use such works, including making them publicly available in a manner allowing access at a time and place chosen by the user (internet). The licence covers all fields of exploitation known at the time of its grant, in particular:
10.3.1 Recording and reproducing the work by any technique – printing, reprography, magnetic recording, digital means – on any audiovisual or visual medium, including online networks and related online services, and electronic reproduction in computer memory and internal and external networks.
10.3.2 Using all or part of the work, or any elements thereof, with modifications required by the nature of the internet medium – in all publications, including digital and internet publications, bulletins, and information materials, alone or in combination with other works; use in whole or in part for promotional and advertising purposes, including audiovisual, audio, and media advertising.
10.3.3 Distributing originals or copies on which the work has been recorded – putting into circulation, lending, or renting originals or copies.
10.3.4 Disseminating the work in ways other than those described above – public performance, exhibition, display, playback, broadcasting and retransmission, and making the work publicly available in a manner allowing access at a time and place chosen by the user.
10.3.5 Using works for promotional and marketing purposes.
10.4 Deletion of an Account by the Customer or of a review under Section 9.8 does not affect the validity of the above licence.
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Final Provisions
11.1 These Terms are effective from 28 October 2021.
11.2 If any provision of these Terms is changed or invalidated by a decision of a competent authority or court, the remaining provisions remain in force and binding on both the Seller and the Customer.
11.3 The law applicable to the resolution of any disputes arising from these Terms is Polish law. Such disputes shall be resolved by the competent court of general jurisdiction. A Consumer may also use out-of-court methods for resolving complaints and pursuing claims. Information on out-of-court dispute resolution is available from the Office of Competition and Consumer Protection at www.uokik.gov.pl. Such proceedings are voluntary and require the consent of both parties.
11.4 Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the European Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr. The ODR platform is a single point of access for consumers and traders seeking out-of-court resolution of disputes relating to contractual obligations arising from online sales or service contracts.
Annex 1 – Information on the Right of Withdrawal
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The right of withdrawal on the terms below also applies to a sole trader making a non-professional purchase (i.e. one that is not of a professional nature, as determined in particular by the business activity codes in CEIDG). You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period expires after 30 days from:
1.1 The day on which you, or a third party designated by you other than the carrier, take possession of the goods (for sales contracts).
1.2 The day on which you, or a third party designated by you other than the carrier, take possession of the last item (for contracts covering multiple items delivered separately).
1.3 The day on which you, or a third party designated by you other than the carrier, take possession of the last batch or part (for contracts covering goods delivered in batches or parts).
1.4 The day on which you, or a third party designated by you other than the carrier, take possession of the first item (for contracts for the regular delivery of goods over a specified period).
1.5 The day of conclusion of the contract (for contracts for services or digital content not supplied on a physical medium).
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To exercise your right of withdrawal, you must inform us – MK Studio Michał Gatner, Ametystowa 7, 55-002 Dobrzykowice, tel. +48 575 300 670, contact@posterpolytechnic.com – of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email).
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You may use the model withdrawal form, but it is not obligatory.
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You may also complete the Electronic Returns Form available on the Online Shop. If you use this option, we will send you an acknowledgement of receipt of your withdrawal notice on a Durable Medium without delay.
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To meet the withdrawal deadline, it is sufficient to send your withdrawal notice before the withdrawal period expires.
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If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day we were informed of your decision to withdraw. We will make the refund using the same payment method you used for the original transaction, unless you have expressly agreed otherwise.
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Where we have not offered to collect the goods, we may withhold the refund until we have received the goods back or you have provided proof that the goods have been sent back, whichever is earlier.
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Please send or hand the goods back to us at: MK Studio Michał Gatner, Ametystowa 7, 55-002 Dobrzykowice, without undue delay and in any event no later than 14 days from the day on which you informed us of your withdrawal. The deadline is met if you send back the goods before the 14-day period expires. You will bear the direct cost of returning the goods.
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Due to the size and weight of our Products, returning goods upon withdrawal may cost more than standard postage. If using a courier service, shipment on a pallet may be required, which is more expensive than standard mail.
