§1 GENERAL
1. Antoine Brenti, with business activity under the name EKOBUD ANTOINE BRENTI, entered into the Central Registration and Information on Economic Activity, Raciborsko 551, 32-020 Wieliczka ,NIP: 6751319053, REGON: 120723085, tel.: +48 535 888 477, email bureau@Fondsdestudiophoto.eu, is the owner of the Fondsdestudiophoto.eu online store, hereinafter referred to as the “Online Store” or „Fondsdestudiophoto.eu”. Any and all communications shall be sent to the following address: Raciborsko 551, 32-020 Wieliczka
2. These Terms of Purchase specify the principles of ordering printing services via our online store available at the address www.propsbackdrops.com as well as the principles of creating and holding a Customer account on Fondsdestudiophoto.eu online store.
3. Accepting the provisions of these Terms of Purchase is required to be able to create a customer account in our website.
4. Proper operation of the Site and the use of the online store require:
• computer hardware with Internet access;
• Web browser: Safari, Internet Explorer, Google Chrome, Mozilla, etc.;
• necessary software: Adobe Reader;
• resolution: 800x600.
The above requirements relate to the most update web browser and software versions. Due to the continuous improvements of the service browser updates may be needed in case the Customer uses an older version of the browse.
5. Pursuant to the provisions of art. 221 of the Civil Code a consumer stands for a natural person who performs acts in law with a trader which are not directly connected with that person’s business or professional activity.
6. The contents posted on the online store site do not constitute an offer within the meaning of the Civil Code, and they should be perceived solely as an invitation for placing offers and indicating the specification of the ordered product.
7. Pursuant to these Terms of Purchase Fondsdestudiophoto.eu provides printing services based on the Customer order placed online, according to the customer individual needs, and performed according to the Customer determined specification, including the contents, material and the printing format.
8. Based on the order placed according to point 7, the Customer purchases a product, i.e. the end effect of the printing service, produced according to the specification indicated by the Customer.
9. The drawings and files on our web site are made up of a preview only and are not a commercial offer.
§2 CREATING AN ACCOUNT ON Fondsdestudiophoto.eu
1. Services can be ordered daily, 24 hours a day, by means of a customer account, upon prior registration and submitting Customer data necessary for placing orders and making deliveries (marked as compulsory fields).
2. A Customer account is created by means of registration requiring filling in a short registration form (in Polish), available on the store site, and confirming the registration request by means of clicking the verification link received by email into the email address indicated in the form, within 48 hours upon from its receipt – if the activation link is not used within this time limit the account shall be deleted.
3. Registration of the Customer account enables placing orders and ordering multiple services via the account, tracing the changes in the status of the order placed, and viewing all the orders placed.
4. While filling in the registration form the customer is obliged to submit true data. Fondsdestudiophoto.eu shall not be liable for any damages suffered by third parties due to the activity of the Customers of the online store, in particular submitting untrue data or purchasing on behalf of third parties.
5. The Customer is obliged check the accuracy of the data submitted prior to their submission to Fondsdestudiophoto.eu, in particular with regards to the indicated delivery address and the data needed for booking the purchase.
6. Fondsdestudiophoto.eu is entitled to remove a Customer account in case the Customer has breached the provisions of these Terms of Purchase or has in another way that breaches the provisions of the law or good commercial practice, and if cooperation with a given Customer is discontinued about which the Customer will be notified by the Seller.
§3 RIGHTS OF THE CUSTOMER
1. A customer being a consumer, within the meaning of art. 221 of the Civil Code, pursuant to the Act dated May 30, 2014 – on consumer rights (Journal of Laws 2014.827), who concluded a distance contract or an off-premises contract with a trader may withdraw from the contract within 14 days without giving any reason, unless the contract concluded was one of these mentioned in point 2.
2. Pursuant to the Act dated May 30, 2014 on Consumer Rights (Journal of Laws
2014.827) a consumer shall not be entitled to withdraw from an off-premises contract or from a distance contract, in relation to contracts:
1. for the provision of services where the trader has fully performed the service with the consumer’s explicit consent, and the consumer was informed before the commencement of the service that they would lose the right to withdraw from the contract upon the completion of the service by the trader;
2. which include a price or remuneration which depends on financial market fluctuations which are beyond the trader’s control and which may occur before the time limit for withdrawal from the contract expires;
3. where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs;
4. where the performance consists of goods prone to rapid decomposition or which expire rapidly;
5. where the performance consists of goods delivered in closed packaging bearing a seal, which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was opened after delivery;
6. where the performance consists of goods which, owing to their nature, become inseparably connected to other products after delivery;
7. where the performance consists of alcoholic drinks, the price of which was agreed upon at the moment the contract of sale was concluded, the delivery of which cannot be effected until 30 days have expired, and the value of which depends on financial market fluctuations which are beyond the trader’s control;
8. where the consumer explicitly requests that the trader come to perform urgent repair or maintenance work; if the trader provides additional services other than the ones requested by the consumer or delivers goods other than spare parts essential for the performance of the requested repair or maintenance work, the consumer shall be entitled to withdraw from the contract in relation to those additional goods and/or services;
9. where the performance consists of audio or video recordings or computer programmes delivered in closed packaging bearing a seal, if the packaging was opened after delivery;
10. for the delivery of daily newspapers, periodicals or magazines, except for a subscription contract;
11. concluded by means of a public auction;
12. for accommodation services other than for residential purposes, transportation of goods, car rental, gastronomic services, leisure services, or entertainment, sport or cultural events, if the contract specifies a day or a period of provision of the service;
13. for the delivery of digital content which is not recorded on a physical medium, where the provision of the service commences upon the consumer’s explicit consent before the time limit for withdrawal from the contract expires and after the consumer is notified by the trader of the loss of the right to withdraw from the contract.
3. In the exceptions mentioned in point 2 do not apply, a consumer has the right to withdraw from a contract, and time limit for withdrawal from a contract starts:
a. for a contract under which the trader is required to hand over and transfer ownership title to the goods – from the moment a consumer or a third party, other than a forwarder, designated by the consumer comes into possession of the goods, and in the case of a contract which: :
1. concerns numerous goods which are delivered separately, in lots or pieces – from the moment of the taking of possession of the last goods, lot, or piece
2. consists in a regular delivery of goods for a definite period of time - from the moment of the taking of possession of the first of the goods
4. In the case of withdrawal from a contract, the contract shall be deemed not to have been concluded. If the Consumer . Where a consumer serves notice of withdrawal from the contract before the trader accepts the consumer’s offer, the offer shall cease to be binding.
5. A consumer intending to exercise the right to withdraw from the contract is obliged to submit to the trader in writing, within the time limit specified in point 1, a notice of withdrawal from the contract. The time limit shall be deemed observed if the notice is sent within that time limit. While withdrawing from the contract the consumer may use the attached model withdrawal form, but it is not obligatory.
MODEL WITHDRAWAL FORM
To be sent to the following address: EKOBUD ANTOINE BRENTI, Raciborsko 551, 32-020 Wieliczka
“— I/We* ……………… hereby give notice that I/We *withdraw from my/our / * contract of sale of the following goods *………………/ supply contract of the following goods / contract for performance of the following tasks *………………*………………for the provision of the following service *………………, — Contract conclusion date * ………………/Receipt date *, ………………
Name of consumer(s) ……………… — Address of consumer(s) ……………… — Signature of consumer(s) ……………… (only if this form is notified on paper) — Date ………………”
6. In the case of withdrawing from the contract the Customer shall return the product received within 14 days from the day on which the consumer withdrew from the contract. The product needs to be returned unaltered, except where a change was necessary in the ordinary course of business.
7. In the case of returning a produce due to withdrawing from the contract, it is required that the returned goods are undamaged, clean, as much as possible in the packaging, and including the elements present at the moment of its delivery.
The consumer is liable for any decrease in value of the goods resulting from use of the goods in a manner exceeding the reasonable use necessary to ascertain the nature
features and functions of the goods.
8. In the case of effective withdrawal from the contract, Fondsdestudiophoto.eu reimburse the Customer with the amount equivalent to the paid purchase price, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
9. Upon the receipt of a shipment from Fondsdestudiophoto.eu the Customer is obliged to check the shipment in the presence of the carrier, in order to check if there has been no transportation damage to the products or if the goods delivered are not incomplete. In case of discovering nonconformities or missing goods the Customer is obliged to request the carrier to fill in a damage/ missing goods report, otherwise the shipment shall be deemed delivered undamaged and complete. The above reservation concerning no report does not apply to a consumer within the meaning of art. 221 of the Civil Code.
10. In case of transportation damage or missing goods it is recommended that the Customer attaches to the complaint the damage/ missing goods report filled in at the time of the goods receipt in the presence of the shipment carrier and signed by such carrier. The above reservation concerning no report does not apply to a consumer within the meaning of art. 221of the Civil Code.
11. Fondsdestudiophoto.eu is obliged to deliver to the Customer goods free from any physical or legal defects.
12. The Customer is obliged to submit a complaint to Fondsdestudiophoto.eu according to the applicable legislation, to the Seller’s address including information containing the following data: submission date, trader name and Customer name, name of claimed goods and description of the nonconformity (defects), as well as the claims made by the Customer, and to make available the purchased goods for the purpose of verifying the basis for complaint.
13. The costs of the complaint shipment shall be paid by the Customer. If the complaint is acknowledged as justified the shipment costs and the total value of the claims raised shall be reimbursed by a bank transfer into the bank account indicated by the Customer.
14. Complaints are examined within 14 working days upon the date of their notice.
15. If a complaint is not acknowledged as justified the claimed products is sent back to the Customer at the Customer’s cost. If the Customer fails to receive such shipment the product shall not be resent.
16.The Customer is also entitled, according to the rules foreseen in the applicable legislation, to make a complaint concerning the services provided by Fondsdestudiophoto.eu related to the Customer’s account on the website. A notice of such complaint should be sent to the registered office of Fondsdestudiophoto.eu, and the complaint should indicate the relevant dates, the name of Fondsdestudiophoto.eu, the name of the Customer and description of the irregularities claimed.
§4 PLACING ORDERS
1. The performance of services offered by takes place based on orders for printing services placed via the online store site, on the terms and conditions specified in these Terms of Purchase. Moreover Fondsdestudiophoto.eu enables its Customers to place orders by email (bureau@Fondsdestudiophoto.eu) or by phone 0048 535888477 (telephone connection cost according to the carrier’s pricelist).
2. Placing an order by the Customer does not stand for concluding a contract, but for making an offer of concluding a contract for providing services to be accepted only upon prior positive verification, in particular with regards to the correctness of the order placed and the availability of the products needed for its execution.
3. Until the time of the order verification and approval, despite exercising due diligence in updating its website, Fondsdestudiophoto.eu does not guarantee the performance of the services presented there within the dates satisfactory for the Customer.
4. Fondsdestudiophoto.eu the following forms of payment for the orders placed:
a. cash on delivery,
b. bank transfer into the following account: PL 39 1160 2202 0000 0003 6498 2099 (Bank Millenium S.A.);
c. payment card (Visa, Visa Electron, MasterCard, Maestro, MasterCard
Electronic);
d. online payments
While the total shipment cost depends the service type, the selected payment method and the delivery cost.
5. The service prices indicated in the online store are gross prices including VAT, expressed in Polish Zloty, and they are current prices. The prices indicated do not include the costs of shipment.
6. Fondsdestudiophoto.eu reserves the right to update the prices of offered services available in the online store, as well as to introduce or discontinue services available in the directory of the online store.
7. The price indicated per each service is binding as at the time of placing an order by the Customer, with the reservation of material availability, as mentioned in point 2.
8 Fondsdestudiophoto.eu does its utmost with regards to providing detailed descriptions of the services offered, including the properties of particular materials and printing effects, these notes are binding for the Customer and by placing an order the price is accepted.
9. To order services the Customer needs to open the site of www.propsbackdrops.com , view the catalogue of the services available, then select the desired service and order it by means of filling in a form available on the online store site. While filling in the form the Customer should read the Terms of Purchase and make a decision on accepting or not accepting its contents. To be able to place an order it is required to accept the Terms of Purchase.
10. While placing an order the Customer adds to basket a selected service. For each service the available parameters offered by Fondsdestudiophoto.eu for such service are indicated, and the Customer can select/ specify them individually. Depending on the particular parameter (in particular the format, volume, quantity of sets, substrate, print protection, its type, finish, thickness and the material weight, etc.) and the selected delivery date – the price calculation of the ordered service is indicated directly in the form, both as net and gross amount.
11.Then the Purchaser selects the way and the place of the delivery, the payment method, and clicks the button “Place an order with obligation to pay”. Before placing the button “Place an order with obligation to pay” the Purchaser fills in the data necessary for issuing an invoice. A Purchaser who is also a Consumer may give up receiving an invoice – in such case the products received by the Customer will be accompanied only by an accounting document. The Purchaser can also indicate in the order form a selected delivery address and the product receiver.
12. While ordering printing services the Customer shall enclose with the order the files/ materials to be printed. The services offered by Fondsdestudiophoto.eu include readymade graphic designs that the Customer can view on the store site, or individual arrangements can be mad for preparing a graphic design according to the Customer guidelines.
13. Files/ materials for printing mentioned in point 12:
a. refer to files uploaded by the Customer via the online store site by means of selecting the “upload a file” button, adding an attachment from the PC and confirming by the “Open” button, sent by email to the address bureau@Fondsdestudiophoto.eu or sent upon contact with the Customer Office and creating a catalogue on the server of Fondsdestudiophoto.eu.
b. should be saved in the PDF format, or possibly in CDR, TIFF, TIF, JPG, and the fonts changed into italics Fondsdestudiophoto.eu recommends sending the materials in one format. In case of doubt, it is recommended to contact the personnel of Fondsdestudiophoto.eu to agree the details.
c. in the case of offset printing – they need to be prepared with 3mm bleeds and with 6mm distance from the edge of all important elements, such as essential subtitles or logo. The suggested resolution should be minimum 300 DPI (dots per inch), with flattened layers.
d. in the case of large format printing – they should be prepared in 1:1 scale, without bleeds, and the file sent should be flattened.
e. before printing they are reviewed by Fondsdestudiophoto.eu with the best efforts taken in order that the service ordered and the product delivered are 100% satisfactory for the Customer. However Fondsdestudiophoto.eu shall not be liable for a file incorrectly prepared by the Customer. The materials are reviewed by the graphic designers who, however, are not liable for any mistakes attributable to the Customer. Fondsdestudiophoto.eu emphasizes that the contents of the files sent is not subject to proofreading. The Customer is notified of any and all minor corrections (according to the guidelines and order specification) prior to their final implementation, and such modification is subject to prior approval by the Customer.
f. if they include any illegal contents Fondsdestudiophoto.eu may refuse to perform the service at any stage of the order execution.
g. the Customer needs to have the rights to their contents with regards to necessary editing and reproduction resulting from the order. Once they are submitted to Fondsdestudiophoto.eu it means that the Customer authorizes the online store to use these rights within the scope necessary for the order execution.
§5 ORDER CONFIRMATION AND PERFORMANCE
1. Upon placing an order the Customer receives a message confirming its receipt by Fondsdestudiophoto.eu and notifying on the start of the order compliance verification procedure, via email sent to the email address indicated in the registration form during the account creation.
2. The order is verified within two working days upon the date of sending to the Customer the order placement confirmation. Fondsdestudiophoto.eu reserves the right to verify the accuracy and truthfulness of every order, and to make possible further arrangements concerning the order contacting the Customer by phone on the telephone number indicated by the Customer.
3. In case the order is incorrect, incomplete with regards to the contents or technical Fondsdestudiophoto.eu has the right to refuse such order execution.
4. Fondsdestudiophoto.eu shall notify the Customer on the order confirmation or refusal within the time limit specified in point 2, by email sent to the email address indicated in the registration form. If within the time limit specified in point 2 the Customer does not receive a message on the order refusal or confirmation, it means that a contract for performing printing services has been concluded between Fondsdestudiophoto.eu and the Customer – this does not apply to the cases where the message on the order was sent to an email address incorrectly indicated by the Customer.
5. Upon the contract conclusion the Customer is not entitled to cancel the order (except for the above-mentioned right to withdraw from the contract – in the case where the exceptions to the effectiveness of this right do not apply) or to make any changes in the order. The contract for providing printing services shall be deemed concluded in the Polish wording, with the contents consisting of the ordered placed and these Terms of Purchase. The place of the contract conclusion shall be the registered office of Fondsdestudiophoto.eu.
6. The order delivery time is determined individually in the order specification while filling the form by the Customer. As a rule it should not exceed 30 working days. However due to the waiting time for receiving certain materials by the manufacturer, Fondsdestudiophoto.eu disclaims that the order delivery for certain services may be longer – in such case Fondsdestudiophoto.eu undertakes to indicate in the product description the order delivery time longer than 30 days. In special cases Fondsdestudiophoto.eu may, upon the Customer’s consent, extend the order delivery time Fondsdestudiophoto.eu shall not be liable for any damages suffered due to the longer order delivery time resulting from the reasons beyond its control or due to the activity of third parties for which Fondsdestudiophoto.eu is not responsible.
7. The shipment method and the cost are indicated by the Customer in the order form.
Orders are executed on working days from 10 am to 7 pm.
8. Fondsdestudiophoto.eu commences the order execution as follows:
a. for payment by bank transfer or by card– upon crediting the payment into the bank account. The maximum waiting time for the payment shall not exceed 7 days upon the date of receiving the message mentioned point 4. Upon that deadline the order shall be cancelled.
b. for online payment - upon the receipt of the payment confirmation from payment system operator or from the credit card issuer.
c. for payment on delivery – directly upon the order placement (if an order is placed on a banking holiday the performance starts on the next working day).
9. The bank account number to which the payment should be made, including the data necessary for a bank transfer – if the bank transfer payment was selected – will be sent to the Customer by email together with the message on the order receipt sent to the email address indicated in the registration form.
10. While selecting the online payment the Customer also confirms having read and agreed to the terms and conditions of payments specified by the payment operator.
11. If online payment is selected the Customer needs to exercise due diligence required for these types of transaction. The Customer shall be fully liable for any damage suffered by Fondsdestudiophoto.eu for the reasons attributable to the Customer, resulting from a failure to transfer the payment by the intermediate operator.
12. We reserve the right to refuse an order for execution without giving any reason.
§6 INTELLECTUAL PROPERTY
Any and all materials and designs (including photos and descriptions of the services offered) published on the online store site constitute exclusive intellectual property of Fondsdestudiophoto.eu, within the meaning of the Act dated February 4, 1994 - on copyright and related rights (Journal of Laws from 1994 No. 24 item 83, as later amended). They shall not be downloaded, modified, copied or used in any other way without explicit written consent of Fondsdestudiophoto.eu.
§7 PERSONAL DATA PROTECTION
1. Antoine Brenti, with business activity under the name EKOBUD Antoine Brenti, entered into the Central Registration and Information on Economic Activity, Raciborsko 551, 32-020 Wieliczka, NIP: 6751319053, REGON: 6751319053, tel.: +48 535 888 477, email: bureau@Fondsdestudiophoto.eu;
2. Processing personal data of a Customer of the online store takes place in accordance to the generally effective legislation, and in particular according to the Regulation (EU) 2016/679 of the European Parliament and of the Council, dated April 27, 2016 (“GDPR”), as well as to these Terms of Purchase.
3. Within its operations the online store processes customer personal data submitted by Customers in the Registration Form. In this form Customers indicate the following data: forename and surname, telephone number, address, email, the company NIP No. (VAT No.), name and address (if a VAT invoice should be issued).
4. Within its operations the online store may also collect information concerning the time of receiving an inquiry and sending a reply, the address of the site from which the Customer was redirect to the Site and the type of software used by the Customer. This information is used for the purposes of the Site administration.
5. Submitting personal data is voluntary but necessary for placing an order, concluding and performing a contract.
6. Personal data of Customers are processed for the purpose of:
1) concluding and performing a contract for providing services by electronic means, as specified in the Terms of Purchase (art. 6 clause 1 b) of the GDPR); the Controller retains them for the period of maximum 10 years upon the date of discontinuing the use of the service by the Customer;
2) concluding and performing a sales contract (art. 6 clause 1 b) of the GDPR); the Controller retains them for the period of maximum 10 years upon the date of concluding the sales contract;
3) direct marketing by EKOBUD for their own products and services, which is legitimate interest of the Controller (art. 6 clause 1 f) of the GDPR); the Controller retains them until the User objects to their processing for this purpose, or until the Controller decides to erase them;
4) sending a Newsletter (art. 6 clause 1 b) of the GDPR); the Controller retains them for the period of maximum 10 years upon the date of discontinuing the Newsletter subscription.
7. The personal data of the Customer, including the Customer’s forename, surname, address and telephone number, may be made available to an entity that processes such data on behalf of the Controller and performs the service for the Customer of delivering the items purchased by the Customer.
8. The Customer has the following rights:
a. the right to access my personal data submitted and the right to receive their copies;
b. the right to rectify the personal data;
c. the right to erase the personal data;
d. the right to request restriction of the personal data processing;
e. the right to transfer the personal data;
f. the right to object to processing of the personal data submitted, if they are processed for direct marketing purposes;
g. the right to object to processing of the personal data submitted, due to the reasons related to the particular situation, also in the case if the data are processed for other purpose than direct marketing;
h. the right to raise a complaint with the supervisory authorities.
9. The Controller ensures protection of the personal data processed. In particular the Controller uses appropriate technical and organisational measures for ensuring the security of the personal data process, adequate for the threats and to the category of data subject to such protection. The Controller in particular protects the data against being disclosed to or collected by unauthorized third parties, processed unlawfully, and against alteration, loss, failure or damage.
10. In order to use any of the above-mentioned rights the Customer can submit a written request to the Controller, to the address: EKOBUD Antoine Brenti, Raciborsko 551, 32-020 Wieliczka, or by email to the address: bureau@Fondsdestudiophoto.eu
§8 AUTOMATED DATA COLLECTION (COOKIES)
1. While using the Fondsdestudiophoto.eu website some Customer related data are collected. Such data includes: IP address, domain name, browser type, operating system type. These data may be collected by cookie files (cookies) and the Google Analytics system.
2. Cookie files mentioned in point 1 refer to files sent to the Customer’s computer or another device while browsing the Fondsdestudiophoto.eu website.
3. Cookies store the Customer’s preferences to enable, e.g.
a. improving the quality of the Services;
b. optimizing the search results and the accuracy of the Goods displayed;
c. creating web visitor statistics;
d. tracing user preferences.
4. Cookies do not cause configuration changes of the device or of the software installed on the Customer’s device.
5. The Customer may reject the cookies (disabling cookies), which in future will disable storing cookies in the Customer’s device.
6. A Customer who does not approve the use cookies (disables cookies) or intends to delete the existing cookies should select appropriate settings of his web browser. The process of disabling or deleting cookies varies depending on the web browser used by the Customer.
7. Fondsdestudiophoto.eu warns that blocking or deleting cookies may result in hindered use of the online store and in some cases may disable the use of certain options.
§9 FINAL CONSIDERATIONS
1. Any and all issues not regulated herein shall be governed by the provisions of the Civil Code and of the legislation referenced herein.
2. Fondsdestudiophoto.eu reserves the right to updated the contents hereof. The Customer shall be notified of such change upon the first logging into the Customer account, with the right to approve or resign from the use of the Customer account and make purchases in the online store. The updated Terms of Purchase shall be binding for the Customer upon their approval.
3. Any and all disputes arising in the course of the sales contract performance, providing services or using the customer account, if the Customer is not a consumer within the meaning of art. 221 of the Civil Code, shall be resolved by the Court for the registered office of Fondsdestudiophoto.eu.
4. These Terms of Purchase become effective upon the date of publishing them on the Fondsdestudiophoto.eu website, and become binding for the Customer upon their approval by the Customer.