Regulations

Regulations of the japaprint.com website

1. § General Provisions

1. These Regulations (hereinafter: "Regulations") define the rules of sale of custom-made polygraphic products (hereinafter: "Products") through the japaprint.com website, as well as the rights and obligations of the parties regarding concluded agreements.
2. The website is operated at: japaprint.com by the company: JAPA DRUK Sp. z o.o. (hereinafter: "Seller" or "Service Provider"), which is the owner of the japaprint.com website (hereinafter: "Service" or "Shop"), and also its Administrator.
3. Detailed Seller's data: Company name: JAPA DRUK Sp. z o.o., NIP 7010224621, REGON 142304201, KRS 0000347022., e-mail: biuro@japa-druk.pl.
4. Products are sold by the Seller to both natural persons not conducting business activity, as well as natural persons conducting business activity who purchase Products from the Seller for purposes not directly related to their business or professional activity (hereinafter: "Consumers"), as well as to other entities, i.e., natural persons conducting business activity and making purchases from the Seller for purposes directly related to that business or professional activity, legal persons, and organizational units without legal personality. Both Consumers and other entities making purchases in the japaprint.com online store are hereinafter referred to in these Regulations as "Buyers".

2. § Rules of Website Operation and Subject of Sale

1. The Shop conducts retail sales via the Internet, based on these Regulations. The subject of sale are polygraphic products created at the Buyer's order. Products available in the Shop are free from physical and legal defects.
2. The specifics and properties of the Products offered by the Seller are presented on the Shop's website.

3. § Terms of Use of the Service, Placing Orders, Conclusion of Agreement, Service Execution and Seller's Liability

1. Information on the Shop's website does not constitute an offer within the meaning of the Civil Code. By placing an order, the Buyer submits an offer to purchase a specific Product.
2. To make a purchase through the Shop, the Buyer should open the website operating at japaprint.com and then, after reviewing the Products offered on the website, select the desired Product and place an order using the form provided on the Shop's website. While filling out the form, the Buyer should read the Regulations and decide whether to accept or not accept the content of the Regulations.
3. A condition for using the Service is creating an account in the japaprint.com system. Account creation takes place by filling out a short form on the Service's website.
4. The information provided by the Buyer when creating an account must be truthful and up-to-date. A condition for order fulfillment is that the Buyer provides data allowing for verification of the Buyer and the recipient of the Products.
5. The account of a given client in the system may be closed or blocked by the Administrator in case of non-compliance with the Regulations by the client or in case of termination of cooperation with a given client, of which the client will be informed by the Seller. The Seller reserves the right to store data concerning the client (data entered by the client when creating the account) and all data concerning the client's orders whose account has been deleted, in accordance with the rules established in §6 of the Regulations.
6. The Buyer can place orders 24 hours a day, every day of the year, including Sundays and holidays.
7. When making purchases, the Buyer places an order by adding the Product presented in the Shop to the cart. For each Product, available parameters are displayed, which the Buyer selects/defines independently. Depending on the selected Product parameters, the Product price and its shipping date appear. Then, after selecting the delivery method and location and payment method, the Buyer confirms the order by clicking the "ORDER AND PAY" button. Before clicking the "ORDER AND PAY" button, the Buyer enters the data necessary for issuing an invoice in the form. The Buyer also has the option to indicate in the order form their chosen delivery address and Product recipient.
8. A condition for the Seller to fulfill the order is that the Buyer places an order on the japaprint.com website and performs all required actions described in § 3 of the Regulations, including in particular uploading the file in the manner described in § 3 point 9 of the Regulations, as well as (in rare cases) the Buyer providing answers to additional questions from the Seller (order executor).
9. Print materials - graphic files
   • Materials sent by the Buyer for printing should be prepared according to the specifications of the japaprint.com Service. Specifications and templates are available on each Product page. In the japaprint.com service, several options are available for uploading a file, depending on the Product selected by the Buyer and the file size. Each file is checked for compliance with the Seller's specification. In some cases, the japaprint.com Service makes minor corrections (in accordance with the specification), however, in each such case, the Buyer is informed about them and, before final execution of the modified order, the Buyer accepts it or makes further corrections, which must be agreed with the Seller. The Buyer may also withdraw from the order if they do not accept the modifications introduced by the Seller. It is also possible for the Buyer to accept a file that does not comply with the Service's specification, however, in such a case, any complaint regarding non-compliance with the Service's specification introduced at the Buyer's explicit request may not be considered by the Seller.
   • The japaprint.com Service is not responsible for the content of the works submitted by the Buyer and does not correct the content contained in the materials submitted by the Buyer. However, if the materials sent by the Buyer contain illegal content, the Service may refuse to fulfill the order.
   • The japaprint.com Service records all actions taken by the Buyer (among others: information about the date and time of uploading the graphic file, payment, etc.). In disputed situations, they will be reproducible by both the Buyer and the Seller.
   • Acceptance of rejected files. Acceptance despite information about file rejection means the Buyer accepts the graphic file including its errors and sends the order for processing. Such orders are not subject to complaints regarding technical errors indicated by the Seller and accepted by the Buyer despite such indication.
   • The Seller does not archive graphic files. Files placed on the FTP server and sent by the Buyer for order fulfillment are deleted after 14 days.
10. After the Buyer provides all necessary data, a summary of the placed order will be displayed, containing: a description of the order item, the unit and total price of the ordered Products, the Buyer's data and address, as well as the data and address of the Product recipient if it is a person other than the Buyer and additionally data for issuing a VAT invoice.
11. The order placement procedure ends when the Buyer selects the "ORDER AND PAY" option. Performing this action means placing an order with the obligation to pay. An e-mail confirming the Seller's acceptance of the order for execution, containing all legally required information, will be sent to the e-mail address indicated by the Buyer during the order placement. Subsequently, current information about the progress of this order will be sent to the e-mail address indicated by the Buyer. After placing the order, the japaprint.com Service will communicate with the Buyer via e-mails or, if necessary, by phone through a consultant. E-mail communications will contain information about the order status and necessary (only in some situations - if necessary for proper order fulfillment) decisions that the Seller will expect from the Buyer.
12. The Seller reserves the right not to accept an order for execution, about which it will inform the Buyer no later than 48 hours from the date of receipt of the order.
13. Upon the Buyer receiving to the indicated e-mail address the confirmation of the Seller's acceptance of the order for execution, containing all legally required information, sent on a durable medium, the Buyer concludes a sales agreement for the Products covered by the order with the Seller.
14. The sales agreement can be concluded on behalf of the Buyer only by an adult person with full legal capacity or, in the case of a Buyer who is not a natural person, by a person with a power of attorney to represent the Buyer and incur obligations on their behalf.
15. In the event of an order by the Buyer for a Product that must be manufactured, modified, or shipped according to the Buyer's individual request, all details of the execution of such an order must be agreed upon by the Parties before the Seller accepts the order for execution. Detailed commercial terms for the execution of such a custom order must be agreed upon by the Parties in writing or by means of e-mail correspondence before the Seller accepts the order for execution.
16. The Seller will deliver the Product to the Buyer within the period indicated on the Shop's website or – in the case of Products realized on the Buyer's individual order – within the period agreed with the Buyer and indicated in the e-mail correspondence sent to the Buyer.
17. The Product shipping term is counted from the moment the full remuneration amount due for the Product ordered by the Buyer is credited to the Seller's account – in case the payment is made by the Buyer before the Seller starts fulfilling the order (by bank transfer to the Seller's account).
18. The Product is shipped by the Seller to an address in Poland indicated by the Buyer, at the Seller's expense. Products are not shipped to addresses outside of Poland. A condition for delivering the Product to the Buyer is the payment of the entire remuneration for the Product.
19. The Product is shipped by the Seller via a courier company. Shipments are delivered from 8:00 to 20:00 on business days. If the Buyer is not found, a delivery notice is left. In case of non-delivery of the Product due to reasons attributable to the Buyer or the Product recipient and the necessity of its re-shipment by the Seller, the Buyer may be charged with the costs of re-shipping the Product. The Product packaging method is always chosen by the Seller and takes into account the specifics of the shipped Product. There is also a possibility to collect the Product in person at the Seller's headquarters, as well as to send the Product using Parcel Lockers.
20. The Seller recommends that upon receipt of the shipment, the Buyer checks the package content in the presence of the deliverer to verify whether the Product has not been damaged during delivery. In case of finding violations or damages, the Buyer should demand from the shipment deliverer to draw up a damage report with reservations as to the condition of the shipment. Regardless of the above, it is recommended to submit a complaint regarding Product damage during transport also in the manner established in § 5 section 9 of the Regulations, no later than within 5 days from the date of receipt of the shipment by the Buyer.
21. Receipt of the shipment from the courier must be confirmed by the legible signature of the Buyer (or a person authorized by the Buyer to collect the shipment) upon acknowledgment. At the moment of acknowledgment of receipt, ownership of the Product and all risks associated with possession and use of the Product, and in particular the risk of loss or damage to the Product, pass to the Buyer.
22. In case of delay in delivery of the shipment, it is recommended that the Buyer notes this fact on the waybill in the presence of the courier company representative. In such a case, the Buyer should also provide the delivery date and time on the waybill.
23. In the event of an unjustified refusal by the Buyer to accept the Product shipment, the shipment is returned to the Seller at the Buyer's expense. In such a case, the Buyer – despite not collecting the Product – is also obliged to pay the Seller for the Product, the receipt of which the Buyer unjustifiably refused. The content of this point does not exclude or in any way limit the rights of the Buyer who is also a Consumer, referred to in § 5 of these Regulations.
24. The Seller reserves the right to verify the correctness and authenticity of each order by contacting the Buyer by phone at the number provided by the Buyer in the order form. Telephone contact will take place only on business days between 9:00 AM and 6:00 PM.
25. The Seller reserves the right not to fulfill an order in the following cases:
    • receipt of a return e-mail after sending the confirmation e-mail that the order confirmation e-mail did not reach the recipient,
    • receipt of an incorrectly completed order form,
    • inability to contact the Buyer in the manner specified in § 3 point 24 of the Regulations, for the purpose of verifying the content of the placed order or clarifying order details,
    • in the case described in § 4 section 7 of the Regulations,
    • non-acceptance by the Seller of the order for execution due to errors in the file uploaded by the Buyer, which was not subsequently resumed by the Buyer.
26. In every case where the Seller does not fulfill an order but has received payment related to such an order, it is obliged to refund such payment within 14 calendar days from the date of the decision not to fulfill the order.
27. The Seller informs that when placing an order, the Buyer should take into account the fact that:
    • the difference in the dimensions of the Products made by the Seller, taking into account the tolerance of the cutting machine used by the Seller, may be up to 2 mm,
    • receipt of an incorrectly completed order form,
    • and any complaints submitted by the Buyer on this account may not be accepted by the Seller.

4. § Seller's Remuneration and Payment Method

1. The prices of the Products are gross prices (include VAT) and are expressed in PLN. All other costs (if any), which the Buyer is obliged to bear, are always given next to the Product price.
2. A sales receipt, which the Seller issues and sends along with the purchased Product, is attached to each shipped Product. The Seller also allows sending the Product shipment to an address other than the address to which the sales receipt will be sent.
3. The Seller reserves the right to change the prices of Products offered in the Shop, introduce new Products to the Shop's offer, conduct and cancel promotional campaigns on the Shop's pages, and grant Buyers additional discounts (on terms set out in separate Discount Action Regulations), or introduce changes to them. The above does not affect orders placed before the effective date of the price change or promotional (discount) campaign terms, which will be executed on the existing terms.
4. Promotions in the Shop are not cumulative, unless the regulations of a given promotion state otherwise.
5. The accepted forms of payment in the Shop are bank transfer, credit card, postal money order, online transfer via PayU services.
6. In the event that the Buyer, when concluding the agreement, committed to pay for the ordered Product in the form specified in section 5 of this paragraph (prepayment), the lack of payment for the ordered Product within 14 calendar days from the order date results in the transaction being considered outdated and automatically canceled.

5. § Right of Withdrawal from the Contract, Complaints and Quality Guarantee

1. In accordance with art. 27 of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827), the Consumer has the right to withdraw from the contract without stating a reason and without incurring costs, with the exception of costs indicated in point 9 of this paragraph, within 14 (fourteen) days. The period for withdrawal from the contract begins:

1. for a contract under which the Seller delivers the Product, being obliged to transfer its ownership - from taking possession of the Product by the Consumer or a third party indicated by the Consumer other than the carrier, and in the case of a contract that:

• covers many Products delivered separately, in batches or in parts - from taking possession of the last Product, batch or part,
• consists in regular delivery of Products for a specified period - from taking possession of the first of the Products;

2. for other contracts - from the date of conclusion of the contract.

1. In case of withdrawal from the contract, the contract is considered not concluded. If the Consumer submitted a declaration of withdrawal from the contract before the Seller accepted their offer, the offer ceases to be binding.
2. The Consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. When withdrawing from the contract, the Consumer may use the sample declaration of withdrawal from the contract provided below, but it is not obligatory. Sample declaration of withdrawal from the contract (this form should be filled in and sent only if you wish to withdraw from the contract) Recipient (send to): JAPA DRUK Sp. z o.o., e-mail: biuro@japa-druk.pl "I/We* ………… hereby inform/inform* about my/our* withdrawal from the contract of sale of the following goods*……./contract for delivery of the following goods*…../contract for work consisting in performing the following*……./for providing the following service* - Date of conclusion of the contract*………./receipt*……………. - Name and surname of the consumer(s) ……….. - Address of the consumer(s) …………….. - Signature of the consumer(s) …………..(only if the form is sent in paper version) - Date ………………….” (*) delete as appropriate
3. To meet the deadline for withdrawal from the contract, it is sufficient to send the declaration before its expiry. The Consumer may also withdraw from the contract by sending a declaration by mail to the Shop's address indicated in section 3 above or electronically to the e-mail address: biuro@japa-druk.pl using the sample withdrawal form indicated in section 3 above of this paragraph or by sending another equivalent declaration of withdrawal from the contract.
4. The Seller is obliged to immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the contract submitted in the manner referred to in section 4, on a durable medium (for example, by e-mail).
5. The refund of payments received from the Consumer, including the costs of delivering the Product to the Consumer, will be made no later than 14 (fourteen) calendar days from the date the Seller receives the Consumer's declaration of withdrawal from the sales contract. The Seller will refund payments using the same method of payment as used by the Consumer, without the Consumer incurring any fees related to the refund, unless the Consumer explicitly agreed to a different method of refund that does not involve any costs for the Consumer. If the Consumer chose a delivery method for the Product other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the Consumer any additional costs incurred by the Consumer.
6. If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the Product back or until the Consumer provides proof of its return, whichever event occurs first.
7. The Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry.
8. The Consumer bears only the direct costs of returning the Product.
9. If, in performance of the sales contract, the Seller delivered the Product to the Consumer at the place where the Consumer resided at the time of concluding the contract, the Seller is obliged to collect the Product at its own expense, if, due to the nature of the Product, it cannot be sent back by ordinary mail.
10. The Consumer is liable for any diminished value of the Product resulting from using it in a manner exceeding what is necessary to ascertain the nature, characteristics and functioning of the Product.
11. In accordance with Article 38 of the Act of May 30, 2014, on consumer rights, the right to withdraw from a distance contract does not apply to the Consumer in relation to a contract:
    • in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs;
    • in which the subject of the contract is a Product liable to deteriorate rapidly or having a short shelf-life;
    • in which the subject of the contract is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
    • in which the subject of the contract are Products which, after delivery, due to their nature, become inseparably connected with other items;
    • in which the subject of the contract are Products consisting of sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
12. The above regulation does not exclude the Seller's liability specified in points 13 and subsequent points below this paragraph.
13. The Seller is liable to the Consumer, as well as to other Buyers who are not Consumers, for quality assurance and warranty for defects of delivered Products, on general terms resulting from the Civil Code (Journal of Laws of 2014, item 121) and the provisions of these Regulations based on these principles, subject to the content of section 20 of this paragraph.
14. A complaint should be submitted via email to the indicated email address: biuro@japa-druk.pl. A complaint can also be sent to the Seller's headquarters address: JAPA DRUK Sp. z o.o.
15. When submitting a complaint, the Buyer should provide the Seller with the complained Product along with a description of the complaint. Any other comments regarding the complained Product, such as photos of the complained Product, or a scan of damage or destruction protocols, can be sent by the Buyer to biuro@japa-druk.pl. In the event that the complaint is rejected, the costs incurred by the Seller for receiving the complained Product and re-shipping it to the recipient may be charged to the Buyer.
16. The Seller will make every effort to consider the complaint – regardless of the type of notification – within 24 hours from the moment of notification. However, in no case will the complaint be considered later than within 14 (fourteen) calendar days from the date of its notification. In each case, the Seller will notify the Buyer within the period specified above about the method of further proceedings.
17. In the event of the Seller accepting the complaint, the Product defect will be immediately removed by the Seller and the repaired Product or - in case the defect cannot be removed - a new Product will be sent to the Buyer, within the period indicated in section 16 above.
18. In the event that the Buyer, who files a complaint using the rights under the quality guarantee of the purchased Product, withdraws from the contract with the Seller, the rights and obligations of the parties are regulated by the provisions of the Civil Code, and the regulations contained in sections 3-17 of this paragraph apply accordingly to the mode and method of returning the Product.
19. In the event that the Buyer, who submits a complaint using the rights under the warranty for defects of the purchased Product, withdraws from the contract with the Seller, the rights and obligations of the parties are governed by the provisions of the Civil Code, and the regulations contained in sections 3-17 of this paragraph apply accordingly to the mode and method of returning the Product.
20. In the case of contracts concluded with Buyers who are not Consumers within the meaning of art. 221 of the Civil Code, pursuant to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for defects is excluded.
21. The Buyer may submit complaints regarding a defective Product by exercising the rights arising from the quality guarantee granted by the Product manufacturer under the terms specified by the manufacturer, or by exercising the rights under the warranty for defects due to the Product's non-conformity with the contract, which are available to the Buyer who is also a Consumer within the meaning of art. 221 of the Civil Code against the Seller.

6. § Privacy and Security

1. The Seller is aware that the protection of the Buyer's personal data is a priority. The Seller undertakes to act in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter GDPR), as well as other generally applicable laws regarding personal data protection.
2. The Seller undertakes to maintain the security and confidentiality of personal data obtained. All employees of the service have been properly trained in the processing and protection of personal data. The Seller has created internal procedures guaranteeing data confidentiality and their processing in a way that prevents access to data by third parties.
3. Personal data of Service Users, within the scope of services provided by the Seller, are processed only if the Seller has one of the legal bases allowed by GDPR for their processing and only for the purpose adapted to the given basis. The Seller does not share personal data obtained from Users with third parties, with the exception of entities cooperating with the service, e.g., payment system operators and courier and forwarding companies that process payments for goods purchased in the service and deliver purchased goods to Buyers, hosting companies. In such cases, the amount of data transferred to companies cooperating with the service is limited to the required minimum.
4. Users have the following rights in connection with our processing of their personal data:
   • the right to access their data, including obtaining a copy of the data,
   • the right to request rectification of data,
   • the right to erasure of data (in certain situations),
   • the right to lodge a complaint with the supervisory authority dealing with personal data protection,
   • the right to restrict data processing,
   • the right to object (in certain situations).

If the data is processed on the basis of consent, Users may additionally exercise the right to withdraw consent to the extent that the data is processed on this basis. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal. If the User's data is processed on the basis of consent or as part of the provided service (data is necessary for the provision of the service), they may exercise the right to data portability.

1. The administrator of personal data is JAPA DRUK Sp. z o.o.
2. Detailed information related to the protection and processing of personal data is contained in the document available on the Shop's website under the name: privacy policy.

7. § Intellectual Property

1. The website address under which the Seller's online Shop is available, i.e.: japaprint.com, as well as the content of the japaprint.com website, constitute copyright and are protected by Polish copyright law and intellectual property law. Rights to the japaprint.com service and its content belong to JAPA DRUK Sp. z o.o.. All logos, proper names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks are reserved and belong to the japaprint.com service. Downloading, copying, modifying, reproducing, transmitting or distributing any content from japaprint.com without the owner's consent is prohibited. Violation of the above provisions will be prosecuted through judicial proceedings.

8. § Final Provisions

1. In matters not regulated by these Regulations, the provisions of generally applicable law shall apply, including in particular the provisions of legal acts referred to in these Regulations, and in the case of Buyers who are not Consumers within the meaning of the provisions of the Act of April 23, 1964 - Civil Code (Journal of Laws 2014.121. j. t.), also the provisions of the General Terms and Conditions of Sale available on the Shop's website.
2. The provisions of these Regulations are not intended to exclude or limit any rights of the Buyer who is also a Consumer within the meaning of the provisions of the Act of April 23, 1964 - Civil Code (Journal of Laws 2014.121. j. t.), przysługujących mu na mocy bezwzględnie obowiązujących przepisów prawa. In the event of inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail.
3. The Seller reserves the right to amend these Regulations. Amendments are made by placing the new content of the Regulations on the japaprint.com website.
4. Orders placed while the previous version of the Regulations was in force, i.e., before the date of placing the new content of the Regulations on the Shop's website, will be fulfilled in accordance with the provisions of the previous version of the Regulations.
5. Disputes between the Seller and the Buyer who is also a Consumer will be resolved by the common court competent according to the provisions of the Code of Civil Procedure. Any disputes arising between the Seller and the Buyer who is not a Consumer will be resolved by the common court competent for the Seller's registered office. A Buyer who is also a Consumer has the option to use out-of-court dispute resolution and complaint handling procedures before the Permanent Consumer Arbitration Court at the Provincial Inspectorate of Trade Inspection closest to the Consumer's place of residence. Information on how to access the aforementioned mode and dispute resolution procedures can be found at the following address: www.uokik.gov.pl, under the tab "Consumer dispute resolution".
6. These Regulations come into force and are effective from the date of their publication, i.e., from March 10, 2020.