TERMS AND CONDITIONS OF WEBSITE USE
I. GENERAL PROVISIONS
This document sets forth the general terms and conditions of sales conducted via www.pixers.pl by ART4YOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łódź (93 - 102 Łódź ul. Milionowa 4B) NIP no.: 7282888708, REGON no.: 529494580, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Łódź Downtown, XX Commercial Division of the National Court Register under KRS no. 0001124197, with a share capital of PLN 5,000; e-mail: kontakt@pixers.pl, as well as determines the terms and conditions for the provision of free electronic services.
The Administrator operates a helpline which can be contacted in matters concerning the Website, the products offered or the orders placed. The helpline is available at: 727724961. Calls to the helpline are charged at local rates or the rate of the mobile network operator. It is also possible to contact the Administrator by sending an email to: kontakt@pixers.pl which is also the Administrator of the Website
II. DEFINITIONS
Administrator/Seller - ART4YOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łódź (93 - 102 Łódź ul. Milionowa 4B) NIP no.: 7282888708, REGON no.: 529494580, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Łódź Downtown, XX Commercial Division of the National Court Register under KRS no. 0001124197, with a share capital of PLN 5,000; e-mail: kontakt@pixers.pl which is also the Administrator of the Website
Payment Services Provider - an entity providing payment services to Customers of the Website
Gift Card - an electronic voucher issued to the bearer, which can be redeemed via the Website, of a value equal to the nominal value indicated thereon, having a unique code that can be used to purchase the Products offered on the Website
Customer - a natural person with full legal capacity, as well as a legal person or an organisational unit without legal personality, which is granted by the applicable law legal capacity, who makes purchases on the Website. The term includes both Consumers and Entrepreneurs
Consumer - a natural person who uses the Website for purposes not directly related to his/her business or professional activity, as well as a natural person who uses the Website for purposes related to his/her business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity
Shopping Cart - a service available to each Customer who uses the Website, which facilitates placing an Order
Sales Agreement - a sales agreement, as defined by the provisions of the Civil Code, concerning the sale of a Product by the Seller to the Customer for the specified price increased by any additional charges, in particular shipping costs
Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 24 June 2014, item 827 as amended)
User - a person who visits the website www.pixers.pl, as well as a person who uses the services available on the website
Product - a product offered by the Seller via the Website and configured by the Customer, which can be the subject of a Sales Agreement
Entrepreneur - a natural person, a legal person or an organisational unit without legal personality, granted under the applicable law legal capacity, who conducts in one's own name a business or professional activity and uses the Website directly for the purposes related thereto.
Terms and Conditions - these terms and conditions governing online sales via the Website.
Website - the Seller's on-line sales platform, available to Customers at www.pixers.pl.
Order - a declaration of the Customer expressing his/her will to conclude a Sales Agreement remotely, submitted via the means of distance communication, specifying the Product to be the subject of the Sales Agreement and the Customer's personal data necessary for the conclusion and execution of the Sales Agreement
III. TERMS AND CONDITIONS OF WEBSITE USE
- In order to be able to use the Website, it is necessary to accept these Terms and Conditions. Placement of an Order by the Customer requires confirmation of acceptance of the provisions of these Terms and Conditions. Failure to do so will prevent the Customer from placing an Order.
- These Terms and Conditions may be accessed and read at any time at: www.pixers.us/pages/terms-of-service. The Users may also download this document as a PDF file and make a printout.
- The Administrator shall make every effort to ensure access to the Website via all popular Internet browsers, operating systems, types of devices and Internet connections. However, correct operation of the Website is not guaranteed for each configuration of the User's hardware and software. The User shall not be entitled to any claims on account of incorrect operation of the Website or its individual functions.
- In order to be able to use the Website, the following minimum technical conditions are required:
a) properly functioning telecommunications device (computer, tablet, smartphone, etc.) with access to the Internet, enabling the display of the graphical user interface of the Website;
b) an installed and updated web browser: Microsoft Internet Explorer 8.0 or later version, Mozilla Firefox 20.0 or later version, Apple Safari 4.0 or later version and Google Chrome 23.0 or later version;
c) an active e-mail account;
d) enabled JavaScript and cookies.
- The User is obliged to use the Website in compliance with the applicable law and good morals, with due respect for personal rights, copyrights and intellectual property rights vested in the Administrator and third parties. The User is obliged to provide accurate and correct data.
- Communication with the User shall be ensured via e-mail and push notifications if the User has agreed to receive them on his/her terminal device. Consent to receiving push notifications is not a condition for using the Website, but failure to grant it results in a limitation of the functionality of the Website.
- The Administrator shall take measures to ensure full functionality of the Website. The User should inform the Administrator of any irregularities or disruptions in the functioning of the Website.
- Complaints related to the functioning of the Website may be submitted in writing to: ART4YOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łódź (93 - 102 Łódź ul. Milionowa 4B) or via e-mail: kontakt@pixers.pl. The complaint form should include the User's full name, correspondence address, as well as the type and date of occurrence of an irregularity in the functioning of the Website.
- The Administrator shall process all complaints within 14 days from the date of their receipt and inform the User of its decision at the address indicated in the complaint.
IV.INFORMATION ABOUT PRODUCTS AND PRICES
- The Seller uses the Website to sell and deliver full-quality products in the packaging provided by the manufacturer. The Seller shall be liable to the Customer for the lack of conformity of the Product with the Sales Agreement, existing at the time of its delivery and disclosed within two years from that time, unless the shelf life of the Product declared by the Seller, its legal predecessors or persons acting on their behalf is longer - under the terms and conditions provided for in the Act.
- Due to the nature of the technological process, the delivered Product may slightly differ from the ordered Product, such differences being the result of such factors as technical parameters of the screen or selected display settings. The Seller informs that the aforementioned differences do not constitute grounds for complaint.
- The prices of all Products available on the Website are gross prices (including applicable taxes). The prices of the Products do not include delivery costs. Delivery costs are shown at the stage of choosing the Product delivery method by the Customer. No additional taxes or duties are charged for Products delivered within the European Union.
- In the case of delivery outside the European Union, additional costs may apply, including, without limitation, taxes and duties. Such additional costs shall be borne by the Customer.
- The Seller reserves the right to change the prices of the Products without prejudice to the Customer's rights, including in particular the terms and conditions of the Sales Agreements concluded prior to introducing changes.
V. TERMS AND CONDITIONS OF CONCLUDING SALES AGREEMENTS
- The presentation of any Products on the Website, including those obtained from external digital libraries or other legal sources, along with pricing and additional information, does not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a Sales Agreement upon acceptance by the Seller of the Order placed by the Customer.
- The Sales Agreement between the Customer and the Seller shall be concluded upon placing an Order by the Customer. The procedure for placing orders via the Website is presented below:
a) The Customer selects a Product available on the Website and configures it using the functionalities available on the Website, specifying the desired print parameters (including, in particular: frame, size, graphic effect and material);
b) The Customer adds the selected and configured Product to the Shopping Cart - until pressing the "Go to the Checkout" button, the Customer can introduce corrections to the Shopping Cart by adding or removing items;
c) Upon pressing the "Go to the Checkout" button, the Customer proceeds to the Order form. The Customer fills in the Order form with his/her data necessary for the conclusion and execution of the Sales Agreement. The Customer's data required in the Order form include: full name, address (street, house/flat number, postal code, town, country), e-mail address, telephone number. In the case of Customers who are Entrepreneurs or Consumers running a business activity, it is also necessary to provide the name and address of the company, also the Tax Identification Number if they have requested a VAT invoice in the Order form;
d) In order to place an Order, the Customer must accept the Terms and Conditions and the Privacy Policy and click the button: "Proceed to Payment";
e) The Customer receives an e-mail confirming that the Seller has received the Customer's offer in accordance with the Order. The confirmation shall be sent promptly, within two hours of receiving the Order;
f) The Customer chooses the method of payment of the price and any other costs indicated in the Order form for the execution of the Sales Agreement;
g) The Customer may be redirected to the website of an external Payment Service Provider, depending on the method of payment selected;
h) After making payment, the Customer receives an e-mail with the subject "Thank you for making payment for your order" to the address indicated in the Order form, constituting a confirmation of the Sales Agreement concluded between the parties.
i) The processing of the Order begins once the Customer receives an e-mail message with a subject line "Your order is being processed", constituting a confirmation of the Sales Agreement concluded between the Parties. Along with the confirmation of the commencement of Order processing, the Customer will receive an e-mail with the sales document referred to in Article 21(1) of the Act.
- In the event that all ordered Products are unavailable, the Seller shall inform the Customer of the cancellation of the Order. If the Customer has made a payment for the cancelled order, the provision of point 4 below shall apply.
- The availability of information about the Products on the Website does not imply the actual availability of these Products and the possibility of Order placement. In the event of unavailability of all or part of the Products included in the Order, the Seller shall immediately notify the Customer thereof. If the Order is cancelled, but the Customer has already paid the price, the Seller shall promptly refund to the Customer all payments made for such cancelled Order, not later than within 7 days from the date of sending a notification of the Order cancellation to the Customer. The Seller shall refund the payment using the same method of payment as originally used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for the Customer.
VI. PAYMENTS
- When placing an Order, the Customer selects the method of payment for the Product from among the options listed on the Website. The following payment methods are available:
a) fast electronic transfers via PayU;
b) payment via PayPal;
c) payment by credit card via the Stripe platform.
- The Website uses the services of a Payment Service Provider for the processing of online payments and for the storage of Customers' data, including credit or debit card details or information on other payment methods offered on the Website.
- The use of the payment services available on the Website involves the establishment of a separate legal relationship with the Payment Service Provider and acceptance of its terms and conditions. The Website is not a party to such a relationship and is not in a position to intervene in its content or implementation. In the event of payment problems, the Customer should contact the Payment Service Provider in order to clarify doubts or make a complaint. The Website shall not be liable for the execution of the payment service by the external service provider.
- In the case of prepayment, the Customer shall be obliged to make payment when placing the Order. Failure to make payment within 7 days of placing an Order shall result in the cancellation of the Order placed by the Customer.
VII. DELIVERIES OF PRODUCTS
- The place of performance of the Sales Agreement by the Seller shall be the place where the Product is collected (or, in any case, the place where the Product should be collected as indicated by the Customer).
- The Products shall be delivered via courier. The costs of shipping the Products, if any, shall be paid by the Customer when making payment for the Order.
- The total lead time includes the time necessary for the Seller to prepare the Order and the time necessary for the courier to deliver the Products.
- The Products shall be delivered within the deadline indicated in the Order or, if no deadline is specified, within the approximate time period indicated at the stage of choosing the delivery method, which shall in no event exceed the period of 30 days of the conclusion of the Sales Agreement.
- The Seller shall not be liable for the lack or delays in the delivery of the Products for reasons attributable to the Customer.
- If the Customer fails to collect the Products (regardless of the reason), he/she shall be obliged to pay to the Seller the costs of return and re-shipping of the Products. Re-shipping of the Products will only be possible upon payment of the aforementioned costs by the Customer.
- The Customer is obliged to check the contents of the package in the presence of the courier and, in the case of damage, draw up a damage report. It is also advisable to take photographs of the damaged package and the Product.
- Upon the handing over by the Seller to the courier of the Product to be delivered to a Customer who is an Entrepreneur, the rights and obligations related to the Product, as well as the risk of accidental loss or damage shall be transferred to the Customer.
VIII. COMPLAINT PROCEDURE
CONSUMERS - The Seller shall be liable to the Consumer for the lack of conformity of the Product with the Sales Agreement, existing at the time of its delivery and disclosed within two years from that time, unless the shelf life of the Product declared by the Seller is longer.
- If the Product does not conform to the Sales Agreement, the Consumer may demand that it be repaired or replaced.
- The Seller may replace the Product when the Consumer demanded its repair, or, conversely, repair the Product when the Consumer demanded its replacement, if bringing the Product into conformity with the Sales Agreement in a manner chosen by the Consumer is impossible or would result in incurring excessive costs on the part of the Seller.
- If both repair and replacement is impossible or would require excessive costs on the part of the Seller, the Seller may refuse to bring the Product into conformity with the Sales Agreement.
- In cases specified in the Act, if the Product does not conform to the Sales Agreement, the Consumer is entitled to demand price reduction or withdraw from the Sales Agreement. This applies to the following cases:
a) The Seller has refused to bring the Product into conformity with the Sales Agreement on the grounds that repair or replacement of the Product is not possible or would entail excessive costs,
b) The Seller has failed to bring the Product into conformity with the Sales Agreement within a reasonable period of time from the moment the Seller received a relevant notification from the Consumer and without undue inconvenience for the Consumer, taking into account the specific nature of the Product and the purpose for which the Consumer purchased it;
c) Attempts by the Seller to bring the Product into conformity with the Sales Agreement have failed;
d) The lack of conformity of the Product with the Sales Agreement is material enough to justify the Consumer's demand for price reduction or withdrawal from the Sales Agreement without prior application of the measures described in point 3;
e) The Seller's statement or circumstances clearly suggest that the Seller will not bring the Product into conformity with the Sales Agreement within a reasonable period of time or without undue inconvenience for the Consumer.
- The Consumer shall not be entitled to withdraw from the Sales Agreement if the lack of conformity of the Product with the Sales Agreement is insignificant.
- Statutory warranty claims may be made by reporting the Product in question to the Seller at: kontakt@pixers.pl. The Consumer must attach the proof of purchase (e.g. a copy of the receipt or VAT invoice) and a description of the noticed defect along with a solution suggested by the Consumer under the statutory warranty.
- If the data or information provided in the complaint form needs to be supplemented, the Consumer shall be requested to do so in order for the complaint to be processed.
- The Seller shall process all complaints within 14 days from the date of their receipt and inform the Consumer of its decision at the address indicated in the complaint form.
- Submission of a complaint excludes the possibility of taking advantage of the 365 Day Return Policy.
- The Consumer has the right to take advantage of out-of-court settlement of consumer disputes by: applying to a permanent amicable consumer court with a request to resolve a dispute arising from a concluded agreement, applying to a provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable resolution of a dispute, using the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
- An online platform for the resolution of disputes between consumers and traders at EU level(ODR platform) is available is available at www.ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.The platform provides an interactive solution for consumers and businesses for out-of-court resolution of disputes arising from online transactions.
ENTREPRENEURS - The Seller shall ensure that the Product delivered is free of defects. The Seller shall be liable to the Entrepreneur for any defects in the Product (under statutory warranty).
- The Seller shall be liable under the statutory warranty if a physical defect is discovered within two years of the delivery of the Product. The limitation period for claims for removal of defects or replacement of the Product with a defect-free one shall be one year counting from the date on which the defect was discovered.
- If the Product has a defect, the Entrepreneur is entitled to:
a) demand price reduction or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Entrepreneur replaces the defective Product with a defect-free one or removes the defect. The above does not apply if the Product has already been replaced or repaired by the Seller before or the Seller has not fulfilled the obligation to replace the Product with a defect-free one or remove the defects. The Entrepreneur may demand the replacement of the Product with a defect-free instead of removal of defects suggested by the Seller or, conversely, demand removal of the defect instead of Product replacement, unless bringing the Product into conformity with the Sales Agreement in a manner chosen by the Entrepreneur is impossible or would entail excessive costs in comparison with the manner proposed by the Seller. When assessing the costs involved, the following factors shall be taken into account: the value of the Product free of defects, the type and severity of the defect discovered, as well as the inconvenience to which the Entrepreneur would be exposed if another solution was chosen.
b) demand to have the defective Product replaced with a defect-free one or to have the defect removed. The Seller shall be obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable period of time without undue inconvenience for the Entrepreneur. The Seller may refuse to comply with the Entrepreneur's demand if bringing the defective Product into conformity with the Sales Agreement in a manner chosen by the Entrepreneur is impossible or would entail excessive costs compared to other possible solutions. The Seller may refuse to replace the Product with a defect-free one or to remove the defect also when the costs of doing so would exceed the price of the sold Product.
- Statutory warranty claims maybe made by reporting the Product in question to the Seller at: kontakt@pixers.pl. The Consumer must attach the proof of purchase ( e.g. a copy of the receipt or VAT invoice) and a description of the noticed defect along with a solution suggested by the Customer under the statutory warranty.
- If the data or information provided in the complaint form needs to be supplemented, the Entrepreneur shall be requested to do so in order for the complaint to be processed.
- The Seller shall process all complaints within 14 days from the date of their receipt and inform the Consumer of its decision at the address indicated in the complaint form.
IX. STATUTORY RIGHT OF WITHDRAWAL
- Pursuant to Article 27 of the Act, the Consumer has the right to withdraw from the Sales Agreement for a Product purchased on the Website (subject to the provisions of point 11 below) without giving any reason within 14 (fourteen) days from the day on which the Consumer or a third party indicated by the Consumer other than the carrier came into possession of the Product.
- If the Consumer chooses to exercise the right of withdrawal from the Sales Agreement, he/she shall be obliged to inform the Seller thereof within the period indicated in point 1 above. In order to meet the 14-day deadline, it is sufficient for the Customer to send a relevant declaration to the Seller before its expiry.
- The Seller provides for the following methods of submitting the declaration of withdrawal from the agreement:
a) sending the declaration of withdrawal from the agreement by post to: ART4YOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łódź (93 - 102 Łódź ul. Milionowa 4B);
b) sending the declaration of withdrawal from the agreement by e-mail to: kontakt@pixers.pl.
- In the case of submitting the declaration of withdrawal from the agreement by e-mail to the address indicated in point 3b) above, the Seller shall send to the Consumer's e-mail address an acknowledgement of receipt thereof immediately, within [24] hours.
- The Consumer is entitled to withdraw from the agreement either with respect to the entire order (in which case the withdrawal shall be effective with respect to all Products included in the order) or with respect to part of the Products included in the order (in which case the agreement shall continue to be in force with respect to the remaining Products included in the order).
- The Seller shall be obliged to refund all payments made by the Consumer, including the costs of delivery of the Product to the Consumer, immediately, not later than within 14 days of receipt of the Consumer's declaration of withdrawal from the agreement. The Seller has the right to refuse to process the refund of payments made by the Consumer until the Products have been returned or the Consumer has provided proof of their return, whichever comes first.
- The Seller shall refund the payments using the same method of payment as originally used by the Consumer, unless the Consumer has agreed otherwise. The Consumer may provide a bank account number to which the payments are to be refunded. In any case, the Consumer shall not incur any charges in connection with processing of the refund.
- The Consumer shall be obliged to promptly return the Product with respect to which he/she has withdrawn from the agreement, not later than within 14 days of withdrawal from the agreement. In order to meet this deadline, it is sufficient for the Consumer to send the Product before its expiry to the address indicated by the Seller.
- The direct costs of returning the Product shall be borne by the Consumer. COD returns shall not be accepted by the Seller.
- The Consumer shall be liable for diminished value of the Product resulting from the handling of the Product in any way other than what is necessary to establish its nature, characteristics and functioning.
- The Seller informs that, pursuant to Article 38 of the Act, the Consumer is not entitled to withdraw from an agreement the subject of which is not a ready-made product, but one produced according to the Consumer's specifications or serving to satisfy his/her individual needs (Article 38, item 3 of the Act).
X. CONTRACTUAL RIGHT OF WITHDRAWAL. 365 DAY RETURN POLICY
- The Customer has the right to return the Product under the 365 Day Return Policy on the terms and conditions specified in this section.
- Under the 365 Day Return Policy, the Customer has the right to return the Product within one year from the date of concluding the Sales Agreement. In order to meet the deadline, it is sufficient for the Customer to submit a relevant declaration to the Seller before the deadline.
- The 365 Day Return Policy may be used if the print on the Product is not durable (the colour loses its intensity). The relevant application must include a photograph clearly showing the aforementioned defect of the Product.
- Only original, undamaged and full Products may be returned under the 365 Day Return Policy. The Customer does not have the right to return Products with visible signs of use or mechanical damage, irrespective of the type and degree of such damage or signs of use. The costs of returning the Product shall be borne by the Customer.
- Should the Seller deem that the returned Product meets the criteria of the 365 Day Return Policy, the Customer shall be entitled to one of the following options:
a) changing the order - in accordance with the Customer's instructions;
b) delivery by the Seller of a new Product, the total value of which shall not exceed the value of the Product returned;
c) reimbursement of the equivalent of the price paid by the Customer in the form of a Gift Card.
- If option 6(a) is selected, the Seller undertakes to carry it out within 14 days of accepting the return. The time of fulfilment of the obligation shall be the day on which the new Product is shipped to the Customer's address.
- If option 6(b) is selected, the Seller undertakes to reimburse the price paid by the Customer by issuing a Gift Card. The Gift Card shall be sent to the Customer's e-mail address indicated in the contact form within 14 days from the day of acceptance of the return.
- The Gift Card entitles the Customer to purchase Products via the Website up to the nominal value indicated on the Gift Card, subject to point 9.
- When ordering a Product with a nominal value higher than the value of the Gift Card, the Customer is obliged to pay the difference in price.
- The Gift Card shall be valid for a period of 12 months, calculated from the date of sending it to the e-mail address indicated in the contact form.
- In the event of Products paid for with a Gift Card, the 365 Day Return Policy does not apply. The above does not exclude the right to make a complaint under the regular complaint procedure nor the rights granted by the provisions of generally applicable law.
- Detailed terms and conditions for the use of Gift Cards are set out in the document available at: www.pixers.us/pages/gift-card-terms-of-use.
XI. WARRANTY
- Products may be covered by a warranty granted by their manufacturer.
- In the case of Products covered by a warranty, the relevant information and details of the warranty shall be presented on the Website.
- The warranty statement sets forth the obligations of the guarantor and the rights of the Customer in the event that the sold item does not have the properties specified in the statement, as well as contains basic information on the procedure to be followed in order to exercise the rights under the warranty.
XII. INTELLECTUAL PROPERTY RIGHTS
- The Website or its individual elements, texts, navigation solutions, selection and arrangement of the content, graphic elements, compilations of materials and studies are subject to protection under Polish and international law.
- The protection also covers all materials provided via the Website to the User electronically, in particular by e-mail. Modifying, copying, distributing, transferring, displaying, transmitting, reprinting, sublicensing or creating compilations from the materials without the Administrator's consent is strictly prohibited. Failure to comply with the above shall entitle the Administrator to take appropriate legal steps.
- The use of the Website does not confer on the User any licence or right to use any trademarks used on the Website.
- The use of the Administrator's company name or trademarks in any documents or for any purposes, except as provided for in the Terms and Conditions, is only possible upon the Administrator's written consent and prior written approval of the samples of such documents or materials by the Administrator.
- The User assumes full financial liability for any damages caused to the Administrator as a result of using the company name or trademarks.
- If the Product selected by the User comes from the collection of an external digital library, the Seller is obliged to obtain, via the Website, the necessary rights to the selected Product from the digital library in question (a detailed licence agreement specifying the permissible use of the Product by the User is available in the data sheet of the Product in question). The User acknowledges that he/she may only use the Product for personal purposes, without the possibility of sub-licensing, reproduction, commercial use or re-marketing.
XIII. REVIEWS
- The Administrator enables Users to publish their reviews on the Website and Products.
- Reviews are not verified by the Administrator in terms of whether they have been published by Customers who have actually used or purchased given Products.
- Reviews may not violate the provisions of generally applicable law nor include: vulgarisms, untrue, defamatory or advertising content, content constituting an act of unfair competition or infringing the rights of third parties.
- The Administrator shall not be liable for deletion, disclosure, loss or modification of reviews.
- The Administrator posts on the Website all Reviews collected from Users (both positive and negative).The Administrator reserves the right to verify and delete from the Website the reviews which, in the Administrator's opinion, violate these Terms and Conditions or the provisions of law. Such deletion shall be irreversible.
XIV. NEWSLETTER
- The Newsletter subscription service is provided free of charge by the Administrator to Users who grant their consent to receive it.
- Newsletter subscription can be ordered via the relevant form available on the Website.
- Upon confirmation of the Newsletter subscription activation, a Newsletter service agreement is concluded between the User and the Administrator for an indefinite period of time.
- The User may terminate such an agreement at any time by cancelling the subscription. The Newsletter subscription may be cancelled by sending a relevant declaration to kontakt@pixers.pl or by clicking a relevant link in the footer of each Newsletter sent.
XV. PERSONAL DATA PROTECTION
- The Administrator collects personal data of the Users who use the Website to the extent necessary to provide the services offered, as well as information about the User's activity on the Website. The detailed terms and purposes of the processing of personal data of the Users are described in detail in the Privacy Policy, which constitutes Appendix 1 to these Terms and Conditions and is available at www.pixers.us/pages/privacy-policy
XVI. AMENDMENTS
- The Administrator reserves the right to amend the Terms and Conditions at any time.
- Amendments to these Terms and Conditions shall be published on the Website in the form of a consolidated text, along with information about their introduction.
- The Administrator shall notify the User of any amendments to these Terms and Conditions by e-mail sent to his/her e-mail address 15 days before such amendments become effective.
- The Administrator may amend the Terms and Conditions, including with immediate effect, without observing the 15-day notice period referred to above in the event that: a legal obligation is imposed on it, under which it is obliged to amend the Terms and Conditions in such a way that it is unable to comply with the aforementioned 15-day notice period, it needs to amend the Terms and Conditions in order to counteract an unforeseen and imminent threat to the provision of online intermediary services and protect the Users against fraud, malware, spam, data breaches or other threats.
- Customers who have purchased a Product via the Website before the amendments to the Terms and Conditions became effective shall be bound by the Terms and Conditions in force as at the date of placing the Order.
XVII. FINAL PROVISIONS
- Any disputes that may arise in connection with the Sales Agreement concluded between a Customer who is a Consumer and the Seller on the terms and conditions specified herein shall be resolved by a common court of competent jurisdiction. Any disputes that may arise between the Seller and a Customer who is an Entrepreneur shall be resolved by the court with jurisdiction over the Seller's registered office.
- These Terms and Conditions come into force on 9 January 2023.
- In matters not regulated herein, the provisions of Polish law shall apply. The selection of Polish law for the interpretation of these Terms and Conditions does not deprive the Consumer of the protection granted to him/her pursuant to provisions that cannot be excluded by agreement between the Seller and the Consumer under the law that would apply in the absence of the selection of Polish law.
- These Terms and Conditions do not exclude or limit any right of the Customer who is a Consumer, granted to him/her under applicable provisions of law.
REVISION DATE
These terms of use were last amended on 10 October 2024.