Online Store Terms and Conditions – www.plexigo.pl

I. General Provisions

  1. These Terms and Conditions define the general terms, method of providing Services electronically, and sales conducted through the Online Store www.plexigo.pl. The store is operated by Tomasz Kaczmarczyk, conducting business under the name Tomasz Kaczmarczyk “KOLOR PLUS STUDIO”, entered into the register of entrepreneurs of the Central Register and Information on Economic Activity maintained by the minister competent for economy, at ul. Łany 18, 32-700 Bochnia, NIP 8681718428, REGON 121492682, BDO 000416027, hereinafter referred to as the Seller.
  2. Contact with the Seller is made via:
    1. email address: sklep@plexigo.pl;
    2. phone number: +48 533 899 442;
    3. contact form available on the Online Store’s website.
  1. These Terms and Conditions are continuously available on the website www.plexigo.pl, in a manner allowing their acquisition, reproduction, and retention of their content by printing or saving to a medium at any time.
  2. The Seller informs that the use of Services provided electronically may involve risks for every Internet user, consisting of the possibility of harmful software being introduced into the Customer’s ICT system and unauthorized persons acquiring and modifying their data. To avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus programs and a firewall.
  3. The Seller has designated a single point of contact for communication with Customers, with authorities of European Union member states, the European Union Commission, and the Digital Services Board, as referred to in the DSA Regulation. Communication at this point takes place via the email address indicated in sub-point 2 above, in Polish and English.

II. Definitions

The terms used in these Terms and Conditions mean:

  1. Working Days – these are days from Monday to Friday, excluding public holidays;
  2. Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit that is not a legal person but is granted legal capacity by specific regulations, who places an Order within the Online Store or uses other Services available in the Online Store;
  3. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
  4. Account – a section of the Online Store assigned to a given Customer, through which the Customer can perform specific actions within the Online Store;
  5. Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
  6. Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
  7. Terms and Conditions – this document;
  8. DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act);
  9. Product – a product presented in the Online Store, whose description is available with each presented product;
  10. Sales Agreement – a Sales Agreement for Products within the meaning of the Civil Code, concluded between the Seller and the Customer;
  11. Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002, on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
  12. Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827);
  13. Act on the Provision of Services by Electronic Means – the Act of July 18, 2002, on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
  14. Order – a declaration of will by the Customer, directly aiming to conclude a Sales Agreement, specifying in particular the type and quantity of the Product.

III. Rules for Using the Online Store

  1. Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
    1. a computer or mobile device with Internet access,
    2. access to email,
    3. an internet browser Microsoft Edge version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x or newer,
    4. enabling Cookies and Javascript in the internet browser.
  1. Using the Online Store means any action by the Customer that leads to them becoming familiar with the content contained in the Store.
  2. The Customer is obliged, in particular, to:
    1. not to provide or transmit content prohibited by law, e.g., content promoting violence, defamatory content, or content infringing personal rights and other rights of third parties,
    2. use the Online Store in a manner that does not disrupt its functioning, in particular by using specific software or devices,
    3. not to undertake actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
    4. use the Online Store in a manner that is not burdensome for other Customers and for the Seller,
    5. use all content placed within the Online Store only for personal use,
    6. use the Online Store in a manner consistent with the provisions of the law applicable in the territory of the Republic of Poland, the provisions of these Terms and Conditions, and the general rules for using the Internet.

IV. Services

  1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
  2. The Account management Service in the Online Store is available after registration. Registration takes place by filling out and accepting the registration form, available on one of the Online Store’s pages. The agreement for the provision of the Account management Service in the Online Store is concluded for an indefinite period and is terminated upon the Customer sending a request to delete the Account. The Customer has the option to receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter Service). To do this, a correct email address must be provided or the appropriate field activated in the registration form or Order form. The Customer may withdraw consent to receive commercial information at any time. The agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated upon the Customer sending a request to remove their email address from the Newsletter subscription or unsubscribing via the link contained in the message sent as part of the Newsletter Service.
  3. The Customer has the option to send messages to the Seller using the contact form. The agreement for the provision of the Service consisting of making an interactive form available to enable Customers to contact the Seller is concluded for a definite period and is terminated upon the Customer sending the message.
  4. The Customer has the option to compare Products using the Add to Comparison Service. The agreement for the provision of the Service consisting of comparing Products is concluded for a definite period and is terminated upon the removal of Products from the comparison list or the Customer ending the browser session.
  5. The Customer has the option to add Products to a favorites list. The agreement for the provision of the Service consisting of adding Products to a favorites list is concluded for a definite period and is terminated upon the removal of Products from the list or the Customer ending the browser session.
  6. The Seller has the right to organize occasional contests and promotions, the terms of which will always be provided on the Store’s websites. Promotions in the Online Store are not cumulative, unless the Terms and Conditions of a given promotion state otherwise.
  7. In the event of the Customer violating the provisions of these Terms and Conditions, the Seller, after a prior unsuccessful request to cease or remove the violations, with a specified deadline, may terminate the agreement for the provision of Services with a 14-day notice period.

V. Sales Agreement Conclusion Procedure

  1. Information about Products provided on the Store’s websites, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
  2. All Products available in the Online Store are brand new, compliant with the Agreement, and have been legally introduced to the Polish market.
  3. If the Seller uses mechanisms for individual price adjustment based on automated decision-making, this information is always provided to the Consumer when placing an Order, taking into account the requirements imposed by personal data protection regulations in this regard.
  4. A prerequisite for placing an Order is having an active email account.
  5. When placing an Order via the Order form available on the Online Store’s website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Products covered by the Order. An offer submitted electronically is binding on the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the email address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer, and upon its receipt by the Customer, the Sales Agreement is concluded.
  6. Placing an Order in the Online Store via phone or by sending an electronic message occurs on Working Days and during the hours indicated on the Online Store’s website. For this purpose, the Customer should:
    1. provide, during a phone call or in the content of an electronic message sent to the Seller, the name of the Product from among the Products on the Store’s website and its quantity,
    2. indicate the delivery method and payment form from among the delivery and payment methods provided on the Store’s website,
    3. provide the data necessary for Order fulfillment, in particular: first name and last name, place of residence, and email address.
  1. Information on the total value of the Order, as referred to in the point above, is always provided by the Seller verbally after the entire Order is completed or by electronic message, along with the information that the conclusion of the Sales Agreement by the Customer entails an obligation to pay for the ordered Product, at which point the Sales Agreement is concluded.
  2. In the case of a Customer who is a Consumer, the Seller always sends the Customer a confirmation of the terms of the placed Order after the Order is placed via phone or email.
  3. The Agreement is concluded upon the Customer, being a Consumer, sending an electronic message to the Seller’s email address (in response to the confirmation of Order terms sent by the Seller), in which the Customer: accepts the content of the sent Order and agrees to its fulfillment, and accepts the content of the Terms and Conditions and confirms having read the instruction on withdrawal from the Agreement.
  4. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer’s email address or in writing to the address provided by the Customer.
  5. The Sales Agreement is concluded in Polish or English, with content consistent with the Terms and Conditions.

VI. Order Fulfillment and Delivery

1. The order fulfillment period is:

a. for materials prepared for individual Customer orders (i.e., all materials cut to size, configured using the configurator available on the selected product pages, and according to submitted DXF files) 4-5 working days,

b. for other products 2-3 working days.

2. Delivery of Products is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer during the Order placement.

3. The Customer can choose the following forms of delivery for ordered Products:

a. via courier company; delivery time up to 3 working days

b. delivered to an InPost Parcel Locker; delivery time up to 3 working days,

c. personal pickup at the Seller’s pickup point.

4. The Seller informs the Customer on the Store’s websites, in the Product description, about the number of Working Days required for Order fulfillment and delivery, as well as the amount of delivery fees for the Product.

5. The delivery and Order fulfillment period is calculated in Working Days in accordance with point VI sub-point. 1.

6. The Seller provides the Customer with proof of purchase.

7. If different fulfillment periods are specified for the Products included in an Order, the longest of the specified periods applies to the entire Order.

VII. Prices and Payment Methods

  1. Product prices are given in Polish zloty and include all components, including VAT, customs duties, and other fees.
  2. The Customer can choose the following payment methods:
    1. bank transfer to the Seller’s bank account (in this case, Order fulfillment will begin after the Seller sends the Customer confirmation of Order acceptance, and shipment will be made immediately after funds are credited to the Seller’s bank account and the Order is completed);
    2. cash on personal pickup – payment at the Seller’s personal pickup point (in this case, Order fulfillment will be carried out immediately after the Seller sends the Customer confirmation of Order acceptance, and the Product will be issued at the Seller’s personal pickup point);
    3. cash on delivery, payment to the delivery person upon delivery (in this case, Order fulfillment and shipment will begin after the Seller sends the Customer confirmation of Order acceptance and the Order is completed);
    4. electronic payment (in this case, Order fulfillment will begin after the Seller sends the Customer confirmation of Order acceptance and after the Seller receives information from the payment agent’s system about the Customer’s payment, and shipment will be made immediately after the Order is completed).
  1. The Seller informs the Customer on the Store’s websites about the deadline by which they are obliged to make payment for the Order. In the event of the Customer failing to make payment within the period referred to in the preceding sentence, the Seller, after a prior unsuccessful demand for payment with a specified deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right of Withdrawal from the Agreement

  1. A Customer who is a Consumer may withdraw from the Agreement without stating a reason by submitting a relevant declaration within 14 days. Sending the declaration before its expiry is sufficient to meet this deadline.
  2. The Customer may formulate the declaration independently or use the declaration template provided by the Seller on the Store’s website (download withdrawal form)
  3. The 14-day period is counted from the day the Product was delivered or, in the case of a Service Agreement, from the day it was concluded.
  4. Upon receiving the Consumer’s declaration of withdrawal from the Agreement, the Seller will send a confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer’s email address.
  5. The Consumer’s right to withdraw from the Agreement is excluded in the case of:
    1. Agreements for the provision of services for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the Consumer’s express and prior consent, and the Consumer was informed before the commencement of the service that they would lose the right to withdraw from the agreement after the service was performed by the entrepreneur, and acknowledged this;
    2. Agreements where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period;
    3. Agreements where the subject of the service is a non-prefabricated Product, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs;
    4. Agreements where the subject of the service is a Product that deteriorates quickly or has a short shelf life;
    5. Agreements where the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery;
    6. Agreements where the subject of the service are products which, due to their nature, become inseparably mixed with other items after delivery;
    7. Agreements where the subject of the service are alcoholic beverages whose price was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days, and whose value depends on market fluctuations over which the Seller has no control;
    8. Contracts where the Consumer explicitly requested the Seller to visit them for urgent repair or maintenance; if the Seller provides additional services beyond those requested by the Consumer, or supplies Goods other than spare parts essential for the repair or maintenance, the Consumer retains the right to withdraw from the Contract concerning these additional services or Goods;
    9. Contracts for the supply of audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
    10. Contracts for the supply of newspapers, periodicals, or magazines, excluding subscription contracts;
    11. Contracts concluded by public auction;
    12. Contracts for the provision of services for which the Consumer is obliged to pay, where the Consumer explicitly requested the Seller to visit them to perform a repair, and the service has already been fully performed with the Consumer’s express and prior consent.
    13. Contracts for the provision of accommodation services (other than for residential purposes), transport of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the contract specifies a date or period for the service provision;
    14. Contracts for the supply of Digital Content not provided on a tangible medium, for which the Consumer is obliged to pay, if the Seller has commenced performance with the Consumer’s express and prior consent, and the Consumer was informed before the commencement of performance that they would lose their right to withdraw from the contract upon the Seller’s full performance, and acknowledged this, and the Seller provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
  1. Other exceptions to the right to withdraw from the Contract are indicated in Article 38(2) of the Consumer Rights Act.
  2. In the event of withdrawal from a distance contract, the Contract is considered null and void. What the parties have provided shall be returned in an unchanged state, unless the change was necessary to ascertain the nature, characteristics, and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods must be returned to the Seller’s address.
  3. The Seller shall promptly, but no later than 14 days from the day of receiving the Consumer’s statement of withdrawal from the Contract, refund the Consumer all payments made by them, including the costs of delivery of the Goods. The Seller shall process the refund using the same payment method as used by the Consumer, unless the Consumer agrees to an alternative refund method, provided that this method does not incur any cost for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Goods are received back or until the Customer provides proof of their dispatch, whichever occurs first, unless the Seller has offered to collect the Goods from the Customer themselves.
  4. If the Consumer chose a delivery method for the Goods other than the cheapest standard method offered by the Seller, the Seller is not obliged to refund the Consumer for the additional costs incurred.
  5. The Customer bears only the direct cost of returning the Goods, unless the Seller agreed to bear this cost.

IX. Complaints Regarding Goods

  1. The Seller undertakes to deliver Goods in conformity with the Contract.
  2. The Seller is liable for non-conformity of the Goods with the contract under the principles specified in the Consumer Rights Act, applicable to Customers who are Consumers, and to Customers who are natural persons concluding a Contract directly related to their business activity, provided that the content of this Contract indicates it does not have a professional character for that person, particularly as determined by the subject of their business activity, as registered in the Central Register and Information on Economic Activity. The warranty for entrepreneurs is excluded.
  3. The Customer may formulate a statement independently or use the statement template provided by the Seller on the Store’s website (download goods complaint form).
  4. Complaints arising from the violation of Customer rights guaranteed by law or under these Regulations should be directed to Tomasz Kaczmarczyk “KOLOR PLUS STUDIO”, ul. Łany 18, 32-700 Bochnia, to the email address: reklamacje@plexigo.pl, phone number +48 533 899 442.
  5. The Customer shall make the complained Goods available to the Seller. The Seller shall collect the Goods from the Customer at its own expense.
  6. The Seller undertakes to process each complaint within 14 days from the day of its receipt.
  7. In the event of deficiencies in the complaint, the Seller shall promptly, but no later than 7 days from the date the Customer receives the request, ask the Customer to supplement it to the necessary extent.

X. Complaints Regarding Electronic Services

  1. The Customer may submit complaints to the Seller regarding the functioning of the Store and the use of Services. Complaints can be submitted in writing to: Tomasz Kaczmarczyk “KOLOR PLUS STUDIO”, ul. Łany 18, 32-700 Bochnia, to the email address: reklamacje@plexigo.pl, phone number +48 533 899 442.
  2. In the complaint, the Customer should provide their name, surname, correspondence address, and the type and description of the problem. The Customer may also use the statement template provided by the Seller on the Store’s website (download goods complaint form).
  3. The Seller undertakes to process each complaint within 14 days from the day of its receipt. In the event of deficiencies in the complaint, the Seller shall request the Customer to supplement it to the necessary extent within 7 days from the date the Customer receives the request.

XI. Out-of-Court Methods for Resolving Complaints and Pursuing Claims

  1. A Customer who is a Consumer has, among others, the following options for out-of-court resolution of complaints and pursuit of claims:
    1. is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection for the resolution of a dispute arising from a concluded Sales Contract;
    2. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable resolution of a dispute between the Customer and the Seller;
    3. may obtain free assistance in resolving a dispute between the Customer and the Seller, also by utilizing the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers via the free consumer helpline number 800 007 707 and by the Association of Polish Consumers via the email address porady@dlakonsumentow.pl;
    4. submit their complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

XII. Personal Data Protection

The Seller collects and processes personal data provided by Customers in accordance with applicable legal provisions and the Privacy Policy, available on the Store’s website.

XIII. Final Provisions

  1. All rights to the Online Store, including proprietary copyrights and intellectual property rights to its name, internet domain, the Online Store’s website, as well as to forms and logos, belong to the Seller, and their use may only occur in the manner specified and in accordance with these Regulations.
  2. The provisions contained in these Regulations concerning Consumers, regarding withdrawal from the contract and complaints, also apply to a natural person concluding a contract directly related to their business activity, provided that the content of this contract indicates it does not have a professional character for that person, particularly as determined by the subject of their business activity, as registered in the Central Register and Information on Economic Activity. However, the provisions on out-of-court methods for resolving complaints and pursuing claims do not apply.
  3. The resolution of any disputes arising between the Seller and a Customer who is a Consumer shall be subject to the competent courts in accordance with the provisions of the relevant regulations of the Code of Civil Procedure.
  4. The resolution of any disputes arising between the Seller and a Customer who is an Entrepreneur shall be subject to the court competent for the Seller’s registered office.
  5. In matters not regulated by these Regulations, the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and other relevant provisions of Polish law shall apply.
  6. Every Customer will be informed of any changes to these Regulations via information on the Online Store’s homepage, which will include a summary of the changes and their effective date. Customers with an Account will also be additionally informed of the changes, along with their summary, at the email address they provided. The effective date of the changes will not be shorter than 14 days from the day of their announcement. If a Customer with a Customer Account does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact within 14 days from the date of being informed of the change to the Regulations. Notification to the Seller of non-acceptance of the new content of the Regulations shall result in the termination of the Contract.