Terms and conditions
Hello!
Below you can read the regulations of the Carbon Poster store, where you will find, among others, rules for using the store, registering user accounts, making purchases, submitting complaints, processing personal data. If you have any questions or concerns regarding the Store, we are at your disposal at support@carbonposter.com. We greet you and wish you successful shopping.
The Carbon Poster team.
For these Regulations, the following terms are defined as follows:
1. Buyer - a natural person with full legal capacity, a legal person, or a defective legal person,
2. Consumer - a natural person with full legal capacity, agreeing with the Seller not directly related to its business or professional activity; The consumer is also a Buyer,
3. Consumer Entrepreneur - a natural person agreeing with the Seller directly related to its business activity, when the content of this agreement shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available based on provisions on the Central Register and Information on Economic Activity; A Consumer Entrepreneur is also a Buyer,
4. Store - an online store available at https://carbonposter.com/,
5. Regulations - these regulations, available at https://carbonposter.com/pages/terms-and-conditions.
6. Seller - NEWAY Group limited liability company, ul. Fryderyka Chopina 16, 18-300 Zambrów, whose registration files are kept by the District Court in Białystok, 12th Commercial Division, NIP: 7231638746, KRS: 0000863085, share capital PLN 22,000.00.
1. Through the Store, the Seller sells products described on the Store's websites, while providing the Buyer with electronic services following § 3 of the Regulations.
2. The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyer.
3. To use the Store, it is not necessary to meet specific technical conditions by the computer or other device of the Buyer. The following are enough:
1) Internet access,
2) standard operating system,
3) standard web browser,
4) having an active e-mail address.
4. The Buyer may browse the contents of the Store without the need to provide personal data, but may not purchase anonymously or under a nickname.
5. The Buyer is forbidden to provide illegal content, in particular, by sending such content as part of the forms available in the Store.
6. All prices in the Store are gross.
1. Through the Store, the Seller provides the Buyer with an electronic service consisting in providing the Buyer with the possibility of viewing the Store's publicly available content, which consists of text, graphics, and audiovisual content.
2. The Seller also provides the Buyer with an electronic service consisting in enabling the Buyer to conclude a contract for the sale of products described on the Store's website with the Seller.
3. If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting of setting up and maintaining an account in the Store. The account stores the Buyer's data and the history of orders placed by him in the Store. The Buyer logs in to the Account using an e-mail address and the password he has defined. Account registration leads to the conclusion of a contract with the Seller for maintaining a user account on the website. The contract is concluded for an indefinite period, and the Buyer may terminate it at any time by deleting the user's account.
4. Creating an account in the Store is done by selecting the appropriate checkbox in the ordering process or by completing an independent account registration form available in the Store. The Buyer may delete the account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account will not delete information about orders placed using the account, which information will be stored by the Seller until the expiry of the limitation period for claims under the contract concluded via the Store.
5. It is also possible to set up an account in the Store by integrating with a Google or Facebook account. If an account is created with the use of integration with an account on a social network, the data downloaded from this social network cannot be modified within the Store.
6. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending the Buyer e-mail messages containing information about new products, promotions, services, products related to the Store. Subscribing to the newsletter is possible by completing and sending the subscription form for the newsletter and selecting the appropriate checkbox in the ordering process. The buyer may at any time unsubscribe from the newsletter by clicking the unsubscribe button visible in each message, sent as part of the newsletter, or by sending a relevant request to the Seller.
7. The services referred above are provided to the Buyer free of charge. On the other hand, sales contracts concluded via the Store are payable.
8. To ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
9. The Seller takes steps to ensure that the Store functions properly. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
10. Any complaints related to the provision of electronic services and the functioning of the Store, the Buyer may submit via e-mail to the e-mail address support@carbonposter.com. In the complaint, the Buyer should provide data allowing him to be identified as a user of the Store, as well as the type and date of irregularities related to the functioning of the Store. The seller will respond to the complaint within 30 days of its receipt.
11. The Seller performs all the effort to ensure 24/7 access to the Store, however, reserves the right to apply short breaks in access for technical reasons. However, the seller will make every effort to ensure that the technical breaks last as short as possible. The Buyer who has a user account in the Store will be informed about the planned technical breaks by sending a message to the e-mail address assigned to the user's account.
§ 4
Intellectual Property Rights
1. The Seller hereby informs the Buyer that the content available on the Store's website works within the meaning of the Act of February 4, 1994, on copyright and related rights, to which the Seller is entitled.
2. The Seller hereby informs the Buyer that the further distribution of the content by the Buyer without the consent of the Seller, except for the use of the content as part of permitted personal use, constitutes an infringement of the Seller's copyright and may result in civil or criminal liability.
§ 5
Order
1. The buyer can place an order as a guest or as a registered customer.
2. A registered customer is a Buyer who has a user account in the Store. The buyer may also set up a user account at the stage of placing the order.
3. Placing an order is done by filling in the order form after adding the products of interest of the Buyer to the cart. In the form, it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the method of delivery of the ordered products and the method of payment for the order is also selected. The condition for placing an order is the acceptance of the Regulations, which the Buyer should read in advance. In the event of any doubts regarding the Regulations, the Buyer may contact the Seller.
4. The ordering process is completed by clicking the button finalizing the order. Clicking on the button finalizing the order is the Buyer's declaration of will leading to the conclusion of a contract for the sale of products covered by the order with the Seller.
5. If the Buyer has chosen on-line payment, after clicking the button finalizing the order, he will be redirected to the payment gateway operated by an external payment operator to make payment for the order.
6. The Buyer may modify the placed order. To make changes, the Buyer must contact the Seller, who will confirm whether, due to the stage of order fulfillment, it is still possible to make modifications. If a change is possible, the Seller will inform the Buyer about it and indicate whether it entails changes in the price, delivery time, or other aspects important to the Buyer. If it is not possible to make changes or the Buyer does not accept the effects of the change, the Buyer has the right to cancel the order, provided that it has not yet been processed.
7. The Buyer must provide true personal data in the order form. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order if the Buyer has provided false data or if these data raise reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer has made contact
8. The Buyer declares all the data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such authorization following paragraph 7 above.
9. After paying for the order, the Buyer receives an order confirmation to the e-mail address provided in the order form. The order confirmation is also a confirmation of the conclusion of a distance contract.
§ 6
Forms of delivery and payment methods
1. The available order delivery methods are described on the Store's website and are presented to the Buyer at the ordering stage.
2. The available payment methods for the order are described on the Store's website and presented to the Buyer at the stage of placing the order.
3. The cost of delivery of the order shall be borne by the Buyer unless the Seller indicates otherwise.
4. The Seller has the right to decide to divide the order into several separate shipments without incurring additional costs by the Buyer.
5. Payment is handled by an external operator - Stripe Payments Europe, Limited, C / o A & l Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880.
6. Payment is possible with the use of a payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro). If there is a need to return funds for a transaction made by the Buyer with a payment card, the Seller will refund to the bank account assigned to the Buyer's payment card, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
7. The invoice will be delivered to the Buyer by e-mail to the e-mail address provided in the order form.
§ 7
Execution of the contract
1. Fulfillment of the order consists of completing the ordered products, packing them for delivery to the Buyer, and sending the shipment to the Buyer following the form of delivery selected by the Buyer.
2. The order is considered completed at the moment of shipping the Buyer (entrusting the shipment to the carrier involved in the transport).
3. The order fulfillment time is always indicated for each product. The ordered products should be delivered to the Consumer within 30 days unless a longer period has been clearly indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to a longer order fulfillment period resulting from the product description.
4. If the Buyer ordered products with different delivery times indicated, the Seller's binding date for the entire order is the longest among all products included in the order, the Seller may propose splitting the order into several independent shipments to accelerate the delivery time for some products.
§ 8
Consumer's withdrawal from the contract
1. The Consumer and the Consumer Entrepreneur who arranged a distance contract with the Seller has the right to resign from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
2. To resign from the contract, the Consumer or the Consumer Entrepreneur must inform the Seller about his decision to withdraw from the contract by an unequivocal statement - for example, a letter sent by post, fax, or e-mail.
3. The consumer may use the model resign form available at https://carbonposter.com/pages/refunds-returns, but it is not obligatory.
4. To meet the deadline to resign from the contract, it is enough for the Consumer or the Consumer Entrepreneur to send information regarding the use of the right of the Consumer or the Consumer Entrepreneur to resign from the contract before the deadline to resign from the contract.
5. The Consumer or the Consumer Entrepreneur is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but no later than 14 days from the date on which he resignals from the contract unless the Seller offered to collect the goods himself. To meet the deadline, it is enough to return the product before its expiry
6. The Consumer or the Consumer Entrepreneur shall bear the direct costs of returning the goods.
7. In the event of resigning from the contract, the Seller shall return to the Consumer or the Consumer Entrepreneur all payments received from the Consumer, including the cheapest cost of delivering the products available on the Website (if the cost was covered by the Consumer or Consumer Entrepreneur) immediately, and in any case no later than 14 days from the date of in which the Seller was informed about the exercise of the right to resign from the contract. The reimbursement will be made using the same payment methods that were used by the Consumer or Consumer Entrepreneur in the original transaction unless the Consumer or Consumer Entrepreneur expressly agreed to a different solution. In any case, the Consumer or the Consumer Entrepreneur will not incur any fees related to the form of reimbursement.
8. If the Seller has not offered to pick up the item himself from the Consumer or the Consumer Entrepreneur, he may withhold the reimbursement of payments received from the Consumer or Consumer Entrepreneur until he receives the item back or until the Consumer or the Consumer Entrepreneur provides proof of its return, depending on this which event comes first.
9. The Consumer or the Consumer Entrepreneur is responsible for the decrease in the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the product.
§ 9
Unacceptable Behavior
1. The Buyer is obliged to use the Store in a manner consistent with the law, morality, and the Regulations. It is not allowed, in particular:
1) sending illegal content via the forms available in the Store, in particular content that is offensive, racist, discriminatory, inciting to aggression or hatred, sexist, pornographic,
2) using the Store to conduct marketing activities, in particular publishing advertising, marketing, promotional, and sales comments in the Store,
3) publishing in the Store content that violates other people's personal rights or intellectual property rights, in particular copyrights,
4) using the Store in a way that is burdensome for other users or the Seller,
5) taking any actions to disrupt the proper functioning of the Store, in particular by using malicious software,
6) using the content available in the Store beyond the limits of permitted personal use, in particular disseminating this content outside the Store,
7) sharing access data to the user's account to other people.
2. In the case of unauthorized use of the Store, the Seller may terminate the user account agreement with immediate effect by sending relevant information to the e-mail address assigned to the user's account and block the Buyer's access to the user's account.
§ 10
Liability for defects
1. The Seller is obliged to provide the Consumer with a product free from defects.
2. The Seller is liable to the Consumer if the sold product has a physical or legal defect (warranty for defects).
3. If the Buyer does not conclude a contract with the Seller as a Consumer, he accepts the fact that the Seller's warranty for defects in the sold item is excluded.
4. If the sold product has a defect, the Consumer may:
1) demand replacement of the product with a product free from defects,,
2) demand that the defect be removed,,
3) submit a price reduction statement,
4) submit a declaration of withdrawal from the contract
5. If the Consumer finds a defect in the product, he should inform the Seller about it, specifying his claim related to the defect or submitting a relevant statement.
6. The consumer may use the complaint form available at https://carbonposter.com/pages/refunds-returns, but it is not obligatory.
7. The consumer may contact the Seller both by traditional mail and by e-mail.
8. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint by the means of communication with which the complaint was submitted.
9. Details of the Seller's warranty for defects are governed by the provisions of the Civil Code (Articles 556 - 576).
10. The provisions on the Seller's warranty for defects in the sold item regarding Consumers also apply to Consumer Entrepreneurs.
§ 11
Personal data and cookies
1. The Seller is the administrator of the Buyer's personal data.
2. The personal data of the Buyer are processed for the following purposes and based on the following legal grounds:
1) conclusion and execution of a user account agreement - art. 6 sec. 1 letter b GDPR,
2) conclusion and execution of a sales contract - art. 6 sec. 1 letter b GDPR,
3) implementation of tax and accounting obligations - art. 6 sec. 1 letter c GDPR,
4) recovering abandoned carts - art. 6 sec. 1 letter f GDPR,
5) defense, investigation, or determination of claims related to the contract, which is a legitimate interest pursued by the Seller - art. 6 sec. 1 letter f GDPR,
6) creating an archive for the possible need to defend, establish or pursue claims - art. 6 sec. 1 letter f GDPR,
7) handling inquiries from Buyers who have not yet concluded the contract, which is a legitimate interest pursued by the Seller - art. 6 sec. 1 letter f GDPR,
8) identification of the returning customer, which is a legitimate interest pursued by the Seller - art. 6 sec. 1 letter f GDPR,
9) sending the newsletter, after prior consent - art. 6 sec. 1 letter a GDPR.
3. The following entities may participate in the processing of personal data as processors: hosting provider, software providers in which personal data are processed (e.g. mailing system, invoicing system), subcontractors gaining access to personal data in connection with the performance of their duties or services outsourced to them. All processing entities are related to the Seller by contracts for entrusting the processing of personal data and guarantee an appropriate level of personal data protection.
4. Personal data may be transferred to courier companies for delivery of orders and to law firms to provide legal assistance to the Seller if such assistance requires access to personal data. Also, personal data may be transferred to tax offices to the extent necessary to perform tax, settlement, and accounting obligations, and to entities, bodies, or institutions authorized to obtain access to data based on legal provisions, such as the police, security services, courts, public prosecutor's offices.
5. The Buyer's personal data is stored in the Seller's database throughout the business to ensure the possibility of identifying the returning customer, but the Buyer may object to it by requesting the deletion of his data from the Seller's database. If such an objection is submitted before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer's data until the expiry of the limitation period for claims. Accounting documentation containing the Buyer's personal data is kept for the period required by law. If the limitation period for civil law claims, criminal record, or penalties under administrative law would expire after the end of the business, the data will be deleted after this period.
6. The Buyer's rights related to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, limit processing, the right to object to the processing, the right to transfer data, the right to resign consent to the processing of personal data, the right to file a complaint to the President of the Personal Data Protection Office.
7. Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, conclude a contract, or subscribe to the newsletter.
8. The store uses cookie technology. Own cookies are used for the proper functioning of the Store and for statistical purposes related to determining the Buyer's location. Third-party cookies are related to the Seller's use of tools provided by third parties:
1) Google Analytics,
2) Yandex Metrica,
3) Google Tag Manager,
4) Google AdSense,
5) Google AdWords,
6) Facebook Custom Audiences,
7) 7) cookies of social tools,
8) PrivyApp,
9) TikTok,
10) YouTube.
9. Details related to personal data and cookies are described in the privacy policy available at https://carbonposter.com/pages/privancy-policy.
§ 12
Out-of-court ways of dealing with complaints and redress
1. The consumer has the option of using extrajudicial means of dealing with complaints and redress. Among other things, the consumer has the option to:
1) to apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded sales contract,
2) request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
3) use the help of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
2. The Consumer may search for more detailed information on the out-of-court complaints and redress procedures on the website https://polubowne.uokik.gov.pl.
3. The consumer may also use the ODR Store, which is available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
§ 13
Final Provisions
1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products on the Store's websites without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
2. The Seller reserves the right to make changes to the Regulations. Sales contracts concluded before the amendment to the Regulations shall be governed by the Regulations in force on the date of conclusion of the contract. The buyer who has a user account in the Store will be informed of any change to the Regulations to the e-mail address assigned to the user account. If the amended Regulations are not accepted, the Buyer may terminate the user account agreement with immediate effect (delete the user account) without incurring any costs.
3. The law applicable to contracts concluded via the Store is the Polish law. The choice of foreign law, however, does not deprive the Consumer or Consumer Entrepreneur of his rights under the mandatory provisions of the law of the state of his permanent residence.
4. Any disputes related to contracts concluded via the Store will be considered by the Polish common court competent for the place of the Seller. This provision does not apply to Consumers and Consumer Entrepreneurs, in the case of which the jurisdiction of the court is considered on general terms.
5. These Regulations are valid from March 29, 2021.
6. All archival versions of the Regulations are available for download in .pdf format - links can be found below the Regulations.