About usFAQPrint knowledgecontact

Orders and QuotationsLog In
€0.00

Regulations

6 min read

TERMS AND CONDITIONS OF THE WWW.BARWA.PL ONLINE SERVICE

§1 [General provisions]

  1. These Terms and Conditions set out the rules for using the online service, the conditions for placing orders and the rules for handling complaints.
  2. The owner and Administrator of the barwa.pl online service is DENSITO Kulesza Sp. komandytowa (limited partnership) with its registered office at ul. gen. G. S. Pattona 12, 15-688 Białystok, Poland, entered in the National Court Register (KRS) under number 0001243469, NIP (tax ID): 9662222046, REGON: 544845408 (hereinafter referred to as the “Seller” or the “Printing House”).

§2 [Operation of the Service and prices]

  1. The Seller sells customised printed products via the online service.
  2. The Seller reserves the right to change the price list without notifying Customers in advance. This reservation does not, however, apply to contracts already concluded or to offers under negotiation, which are carried out on the existing terms.

§3 [Terms of use of the service, file verification and copyright]

  1. Each product has specific file quality requirements in order to achieve the best possible final result. Printing is carried out from files sent by the Customer, prepared in accordance with the technical guidelines available on the barwa.pl website.
  2. The Printing House states that it allows files containing errors to be printed (despite warnings displayed by the system or given by our staff). Such an order is carried out at the express request of the Customer. Acceptance of such a file means that the Customer is aware of the defect of the material at the time the contract is concluded or the goods are released. In accordance with Article 557 §1 and §2 of the Polish Civil Code, this releases the Seller from liability under the warranty for defects resulting from these errors, which means that such a product is not subject to complaint in this respect.
  3. Copyright and the Customer’s declaration: Each time a file is uploaded, the Buyer warrants and declares that they have the full right to reproduce the materials sent and that these materials do not infringe the rights of third parties.
  4. Licence: Upon sending a file, the Customer grants the Seller a non-revocable, free-of-charge licence to use it solely to the extent necessary for the proper performance of the order (contract).
  5. Prohibition of unlawful content: The Customer is prohibited from supplying unlawful content that infringes generally applicable laws, good practice or the personal rights of third parties. The Seller reserves the right to refuse to carry out an order if the materials sent violate these rules.

§4 [Placing orders, protection against “impossible” specifications and tolerances]

  1. Purchase process and order button: To place an order, the Customer adds the product to the basket. The second step of the basket contains the “Order with obligation to pay” button; clicking it results in the legally binding conclusion of the contract, the order being saved in the system and assigned a unique number.
  2. Protection against “impossible” specifications (in accordance with Article 634 of the Polish Civil Code): If the material (file) supplied is not suitable for proper execution (e.g. the Customer sends an overly complex design, such as a very intricate sticker cutting line, after paying for the order, or the file does not match the parameters defined in the order, such as size or number of pages), the Printing House will notify the Customer without delay.
  3. In the situation described in item 2, the Seller reserves the right to ask the Customer to change the technical specification within an appropriate time limit. If the Customer fails to cooperate, the Seller has the right to withdraw from the contract.
  4. Permissible technical tolerances: Due to the nature of printing technology, the Seller informs about permissible deviations which do not constitute a product defect:
    • front/back registration shift during printing of up to 0.7 mm;
    • shift of cutting, creasing or die-cutting of up to 2 mm;
    • paper cracking during creasing – this is acceptable, especially with heavy or dark solid areas;
    • the Printing House does not recommend laminating dark solid areas with matt film (as they are highly prone to dirt and scratches). Lamination combined with creasing of dark solid areas may result in the film delaminating along the fold.

§5 [Payment methods]

  1. Orders are paid for in accordance with the rules set out in the service when placing the order (including electronic payment systems). The order is carried out once the payment has been properly made.

§6 [No right of withdrawal for made-to-order products]

  1. Exclusion of the right of withdrawal: In accordance with Article 38(3) of the Polish Consumer Rights Act, the Consumer does not have the right to withdraw from a distance contract, because the subject of the service is non-prefabricated goods made to the consumer’s specifications or intended to meet their individual needs (customised products printed from the Customer’s files).

§7 [Complaints procedure and warranty]

  1. Liability (warranty): The Seller is obliged to deliver a product free from defects. The Seller is liable under the warranty if a physical defect is discovered within two years of the goods being released to the Buyer.
  2. Time limit for handling: The Printing House handles complaints without undue delay and undertakes to process a complaint within 7 business days (a time limit more favourable to the Customer than the statutory 14 days set out in Article 561⁵ of the Polish Civil Code).
  3. Returning defective goods: As part of exercising their complaint rights, the Customer is obliged to deliver the defective goods at our expense. Return address: Drukarnia Barwa, ul. gen. G. S. Pattona 12, 15-688 Białystok, Poland. The Printing House does not strictly require the return of 100% of the print run if the reported defect concerns only a specific part of it.
  4. Exclusion of warranty in B2B relations: In the case of contracts concluded with Customers who are not Consumers (nor entrepreneurs referred to in §10(2) of these Terms and Conditions), pursuant to Article 558 §1 of the Polish Civil Code, the Seller’s liability under the warranty for physical and legal defects is completely excluded. In addition, in B2B transactions the Seller’s liability for damages resulting from non-performance or improper performance of an order is excluded, except for damage caused intentionally.

§8 [Complaints concerning the operation of the online service]

  1. Any disruptions in the operation of the barwa.pl service may be reported electronically to the Seller’s e-mail address. They will be dealt with on an ongoing basis.

§9 [Personal data protection and intellectual property of the service]

  1. Personal data collected in the service are processed solely for the purpose of performing the contract. Details concerning the GDPR can be found in the Privacy Policy.
  2. The domain name, logos, source code and own materials on the barwa.pl service belong to DENSITO Kulesza Sp. komandytowa and are legally protected. Copying and distributing the Printing House’s resources without consent is prohibited.

§10 [Final provisions]

  1. Matters not regulated by these Terms and Conditions are governed by the provisions of the Polish Civil Code and the Polish Consumer Rights Act. Disputes with parties who are not consumers will be settled by the court having jurisdiction over the Seller’s registered office.
  2. Entrepreneurs with consumer rights: The provisions of these Terms and Conditions concerning the Consumer (including the right to complain on consumer terms and the prohibited clauses) also apply to a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity (pursuant to Article 385⁵ and Article 556⁴ of the Polish Civil Code).
  3. Dispute resolution: A Customer who is a Consumer may use out-of-court complaint and redress procedures. Among other things, the Consumer may file a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/ or contact the municipal (district) consumer ombudsman.