Terms of service

Defining, among others rules for concluding sales contracts through a store containing the most important information about the Seller, store and consumer rights.

TABLE OF CONTENTS

  1. Definitions
  2. Contact with the seller
  3. Technical requirements
  4. Shopping in the store
  5. Payments
  6. Execution of the contract
  7. The right to withdraw from the contract
  8. Exceptions to the right to withdraw from the contract
  9. Complaints
  10. Personal data
  11. Claims
  12. Provisions applicable to Buyers who are not Consumers

Annex No. 1: Model withdrawal form

§ 1 Definitions

Working days Days from Monday to Friday, excluding public holidays
Account A free Store function (service provided electronically) regulated by separate regulations, thanks to which the Buyer may set up his individual Account in the Store
Consumer A consumer within the meaning of the Civil Code
Buyer Any entity buying in the Store
Regulations These regulations
Store PixelPicture online store run by the Seller at https://pixelpicture.eu.
Seller TRIX STUDIO BECELA KWAPIŃSKI SPÓŁKA JAWNA with its registered office at ul. Wodzisławska 2, 43-200 Pszczyna, entered into the National Court Register - the register of entrepreneurs by the REGION COURT KATOWICE-EAST IN KATOWICE, VIII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under the number KRS 0000726786, NIP 6381833996, REG. No.

§ 2 Contact with the seller

 

  1. Postal address: ul. Wodzisławska 2, 43-200 Pszczyna
  2. E-mail address: hello@pixelpicture.eu
  3. Phone: +48 502 249 990

§ 3 Technical requirements

 

  1. For the proper functioning of the Store you need:
    1. device with internet access
    1. web browser that supports JavaScript and cookies

 

To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

§ 4 Shopping in the store

  1. The prices of goods visible in the Store are total prices for the goods, including VAT.
  2. The Seller notes that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery.
  3. The goods selected for purchase should be added to the basket in the Store.
  4. Then, the Buyer chooses from the available in the Store: the method of delivery of the goods and the payment method for the order, and also provides the data necessary to complete the order.
  5. The order is placed when the content is confirmed and the Buyer accepts the Regulations.
  6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
  7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.
  8. The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing their data with every possible order.

§ 5 Payment

  1. You can pay of your order, depending on the Buyer's choice:
    1. By ordinary transfer to the Seller's bank account.
    1. Through the payment platform:
      1. Paypal
      1. DotPay

 

If the Buyer chooses to pay in advance, the order must be paid within 5 Business Days of placing the order. The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only immediately after placing the order. The Buyer by making purchases in the Store accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 Execution on the contract

  1. The seller is obliged to deliver the goods without defects.
  2. The term of the contract is 2 business days.
  3. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after payment.
  4. In a situation where, under one order, the Buyer purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery time.
  5. Countries on whose territory the delivery is carried out:
    1. the Republic of Poland
    1. The whole world
  6. Goods purchased in the Store are delivered depending on which method of delivery the Buyer has chosen:
    1. Through a courier company

§ 7 Right to withdraw from the contract

 

  1. The consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from the day:
    1. in which the consumer came into possession of the goods or in which a third party other than the carrier and indicated by the consumer came into possession of the goods.
    1. in which the Consumer came into possession of the last of the things or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last of the things in the case of a contract requiring the transfer of ownership of many things that are delivered separately.
    1. conclusion of the contract - in the case of a contract for the supply of digital content.
  3. In order for the Consumer to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
  4. The consumer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
  5. To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.

 

EFFECTS OF WITHDRAWING FROM THE CONTRACT

 

  1. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller was informed about the Consumer's decision to exercise the right of withdrawal.
  2. The seller will refund the payment using the same payment methods that were used by the consumer in the original transaction, unless the consumer agrees to a different solution, in any case the consumer will not incur any fees in connection with this return.
  3. The seller may withhold reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.
  4. The seller asks you to return the goods to the following address: ul. Wodzisławska 2, 43-200 Pszczyna immediately, and in any case not later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the consumer sends the goods back within 14 days.
  5. The consumer bears the direct cost of returning the goods.
  6. The consumer is only responsible for reducing the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
  7. If the goods, due to their nature, cannot be sent back by regular mail, the consumer will also have to bear the direct cost of returning the goods. The consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.

§ 8 Exceptions to the right to withdraw from the contract

 

  1. The right to withdraw from a contract concluded at a distance does not apply to the consumer in relation to the contract:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs.
    1. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life.
    1. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
    1. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
    1. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery
    1. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
    1. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract.
    1. for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.

§ 9 Complains

 

  1. In the event of a defect in the goods, the Buyer has the option of complaining about the defective goods under the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
  2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
    1. make a price reduction statement
    1. in the case of a material defect - submit a statement of withdrawal from the contract
    1. demand replacement of the item with one free of defects
    1. demand that the defect be removed
  3. The Seller asks to make a complaint based on the warranty to the postal or electronic address indicated in § 2 of the Regulations.
  4. If it turns out that in order to consider the complaint, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver this goods, in the case of a Consumer at the Seller's expense, to the address ul. Wodzisławska 2, 43-200 Pszczyna.
  5. If the product has been given an additional warranty, information about it, as well as about its conditions, is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be directed to the e-mail address provided in § 2 of the Regulations.
  7. The complaint will be considered by the Seller within 14 days.

 

EFFECTS OF WITHDRAWING FROM THE CONTRACT

 

  1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:
    1. mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    1. assistance of the appropriate field permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    1. free help from the municipal or poviat Consumer Ombudsman.
    1. Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 Personal data

 

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as about the recipients of data - can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".
  2. The purpose of processing Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the implementation of orders. The basis for processing personal data in this case is:
    1. sales contract or actions taken at the request of the Buyer, aimed at its conclusion (art.6 par.1 lit.b RODO),
    1. the legal obligation incumbent on the Seller related to accounting (Article 6 paragraph 1 letter c) and
    1. the Seller's legitimate interest in processing data to determine, assert or defend any claims (Article 6 (1) (f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide data will prevent the conclusion of the sales contract in the Store.
  4. Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the Seller will cease to have a legal obligation, obliging him to process the Buyer's data;
    1. the possibility of pursuing claims by the Buyer or the Seller related to the sale contract concluded by the Store will cease;
    1. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
  5. Depending on what applies in a given case and what will happen at the latest.
  6. The buyer has the right to request:
    1. access to your personal data
    1. correcting them
    1. remove
    1. processing restrictions
    1. requests to transfer data to another administrator
    1. as well as the law
  7. object at any time to the processing of data for reasons related to the special situation of the Buyer - to the processing of personal data concerning him, based on art. 6 clause 1 lit. f GDPR (i.e. on legitimate interests pursued by the administrator).
  8. In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  9. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 11 Reservations

 

  1. It is forbidden for the Buyer to provide illegal content.
  2. Each time the order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and to fulfill the order.
  3. Agreements concluded on the basis of these regulations are concluded in Polish.
  4. None of the provisions of these Regulations excludes or in any way limits the consumer's rights under the law.
  5. The provisions regarding goods and the sales contract shall apply accordingly to digital content and the contract for the supply of digital content, unless the Regulations specify these issues separately.

§ 12 Provisions concerning non-consumer buyers

 

  1. The right to withdraw from a distance contract is not entitled to an entity other than the Consumer.
  2. Any liability of the Seller towards the Buyer who is not a Consumer is limited to the amount of the order placed by the Buyer.
  3. The Seller's liability under the warranty towards the Buyer who is not a Consumer is limited to one year from the delivery of the goods to the Buyer.
  4. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.

 

Annex 1 to the Regulations 

Below is a sample withdrawal form from which the Consumer may or may not use:

Account regulations

Account regulations in the TrixBrix store

 

TABLE OF CONTENTS

  1. Definitions
  2. Contact with the seller
  3. Technical requirements the store
  4. Account
  5. Complains
  6. Personal data
  7. Reservation

§ 1 Definitions

Account A free Store function (service) regulated in these regulation, thanks to which the Buyer may set up his individual Account in the Store
Buyer Any entity buying in the Store
Store PixelPicture online store run by the Seller at https://pixelpicture.eu.
Seller TRIX STUDIO BECELA KWAPIŃSKI SPÓŁKA JAWNA with its registered office at ul. Wodzisławska 2, 43-200 Pszczyna, entered into the National Court Register - the register of entrepreneurs by the REGION COURT KATOWICE-EAST IN KATOWICE, VIII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under the number KRS 0000726786, NIP 6381833996, REG. No.

§ 2 Contact with the seller

 

  1. Postal address: ul. Wodzisławska 2, 43-200 Pszczyna
  2. E-mail address: hello@pixelpicture.eu
  3. Phone: +48 502 249 990

§ 3 Technical requirements

 

  1. For the proper functioning of the Store you need:
    1. active email account
    1. device with internet access
    1. web browser that supports JavaScript and cookies

§ 4 Account

 

  1. Creating an Account is entirely voluntary and depends on the will of the Buyer.
  2. The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer's data.
  3. To set up an Account, please complete the appropriate form in the Store.
  4. At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the maintenance of the Account on the terms set out in these regulations.
  5. The Buyer may cancel the Account at any time without incurring any costs.
  6. In order to resign from the Account, please send your resignation to the Seller to the e-mail address: brix@trix.pl, which will result in immediate deletion of the Account and termination of the contract in the field of keeping the Account.

§ 5 Complaints

  1. Complaints regarding the Account should be sent to the e-mail address brix@trix.pl.
  2. The complaint will be considered by the sales department within 14 days at the latest.
  3. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may benefit, among others with:
    1. mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    1. assistance of the appropriate field permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    1. Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 6 Personal data

 

  1. The administrator of personal data provided by the Buyer when using the Account is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and the basics of data processing, as well as about the recipients of data, can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".
  2. The purpose of processing Buyer's data is to keep an Account. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Buyer, aiming at its conclusion (art.6 par.1 lit.b RODO), as well as the legitimate interest of the Seller, consisting of processing data to determine , pursuing or defending any claims (art.6 par.1 lit.f RODO).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to keep the Account. Failure to provide data means that the Seller will not be able to provide the Account keeping service.
  4. The Buyer's data will be processed until:
    1. the possibility of pursuing claims by the Buyer or the Seller related to the Account will cease
    1. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
  5. Depending on what applies in a given case and what will happen at the latest.
  6. The buyer has the right to request:
    1. access to your personal data
    1. correcting them
    1. remove
    1. processing restrictions
    1. requests to transfer data to another administrator as well as the law
    1. object at any time to the processing of data for reasons related to the special situation of the Buyer - to the processing of personal data concerning him, based on art. 6 clause 1 lit. f GDPR (i.e. on legitimate interests pursued by the administrator).
  7. In order to exercise his rights, the Buyer should contact the Seller.
  8. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 7 Reservations

 

  1. It is forbidden for the Buyer to provide illegal content.
  2. The account maintenance agreement is concluded in Polish.
  3. In the event of important reasons referred to in paragraph 4, the Seller has the right to amend these Account regulations.
  4. Important reasons referred to in paragraph 3 are:
    1. the need to adapt the Store to legal provisions applicable to the Store's operations
    1. improving the security of the service provided
    1. change in the functionality of the Account requiring modification of the Account regulations
  5. The buyer will be notified of the planned change in the Account regulations at least 7 days before the change is implemented via e-mail sent to the address assigned to the Account.
  6. In the event that the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the e-mail address of the Seller hello@pixelpicture.eu, which will result in termination of the Account maintenance agreement upon the entry into force of the planned change or earlier if the Buyer makes such a request.
  7. In a situation where the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to terminate the contract in the future.
  8. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
  9. None of the provisions of these Regulations excludes or in any way limits the consumer's rights under the law.

Newsletter regulations

of the PixelPicture store

 

§ 1 Definitions

 

Newsletter Service provided electronically free of charge, thanks to which the Customer may receive from the Service Provider electronically previously ordered messages regarding the Store, including information about offers, promotions and new products in the Store.
Store PixelPicture online store run by the Seller at https://pixelpicture.eu.
Service provider TRIX STUDIO BECELA KWAPIŃSKI SPÓŁKA JAWNA with its registered office at ul. Wodzisławska 2, 43-200 Pszczyna, entered into the National Court Register - the register of entrepreneurs by the REGION COURT KATOWICE-EAST IN KATOWICE, VIII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under the number KRS 0000726786, NIP 6381833996, REG. No.
Service Recipient Any entity using the Newsletter service.

§ 2 Newsletter

 

  1. The Service Recipient may voluntarily use the Newsletter service.
  2. To use the Newsletter service, you must have a device with the latest web browser that supports JavaScript and cookies, access to the Internet and an active e-mail account.
  3. E-mails sent as part of this service will be sent to the e-mail address provided by the Customer when subscribing to the Newsletter.
  4. The recipient, in order to conclude a contract and subscribe to the Newsletter service, in the first step provides in the designated place in the Store his email address to which he wants to receive messages sent as part of the Newsletter. Then, to the e-mail address provided in the first step, the Service Provider will send the Service Recipient a message verifying the e-mail address, which will contain a link to the Service Recipient confirming his will to subscribe to the Newsletter. After the Service Recipient confirms his will to subscribe to the Newsletter, a contract for the provision of the service is concluded and the Service Provider will begin providing it to the Service Recipient.
  5. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
  6. The Service Recipient may unsubscribe from the Newsletter, without giving a reason and incurring any costs, at any time using the option referred to in paragraph 5 or by sending a message to the e-mail address of the Service Provider: hello@pixelpicture.eu.
  7. The use of the link to unsubscribe from the Newsletter by the Service Recipient or sending a message with the request to unsubscribe from the Newsletter will result in immediate termination of the contract for the provision of this service.

§ 3 Complaints

 

  1. Complaints about the Newsletter should be reported to the Service Provider by e-mail: hello@pixelpicture.eu.
  2. The service provider will respond to the complaint within 14 days of receiving the complaint.

§ 4 Personal data

 

  1. The administrator of personal data provided by the Customer in connection with the subscription to the Newsletter is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including about the other purposes and grounds for data processing, as well as about the recipients of data, can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".
  2. The purpose of processing the Service Recipient's data is to send the Newsletter. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Customer, aiming at its conclusion (art.6 par.1 lit.b RODO), as well as the legitimate interest of the Service Provider, consisting of processing data to determine , pursuing or defending any claims (art.6 par.1 lit.f RODO).
  3. Providing data by the Customer is voluntary, but at the same time necessary to provide the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.
  4. The Service Recipient's data will be processed until:
    1. the possibility of pursuing claims by the Client or Service Provider related to the Newsletter is no longer valid
    1. the Service Recipient's objection to the processing of his personal data will be accepted - if the basis for data processing was the justified interest of the Service Provider
  5. Depending on what applies in a given case and what will happen at the latest.
  6. The Service Recipient has the right to request:
    1. access to your personal data
    1. correcting them
    1. remove
    1. processing restrictions
    1. requests to transfer data to another administrator as well as the law:
    1. to object at any time to the processing of data for reasons related to the special situation of the Service Recipient - to the processing of personal data concerning him, based on art. 6 clause 1 lit. f GDPR (i.e. on legitimate interests pursued by the administrator).
  7. In order to exercise his rights, the Service Recipient should contact the Service Provider.
  8. If the Service Recipient finds that his data is being processed unlawfully, the Service Recipient may submit a complaint to the President of the Office for Personal Data Protection.

§ 5 Final provisions

 

  1. The Service Provider reserves the right to amend these regulations only for important reasons. An important reason is the need to change the regulations caused by the modernization of the Newsletter service or a change in the law, affecting the service provided by the Service Provider.
  2. Information about the planned change in the regulations will be sent to the Service Recipient's e-mail address provided at the time of subscribing to the Newsletter at least 7 days before the changes are introduced.
  3. If the Service Recipient does not object to the planned changes until they enter into force, it is assumed that he accepts them.
  4. In the absence of acceptance for planned changes, the Service Recipient should send information about this to the email address of the Service Provider: hello@pixelpicture.eu, which will result in termination of the contract for the provision of services upon the entry into force of the planned changes.
  5. The Customer is prohibited from providing illegal content.