Terms and Conditions
Terms and Conditions - NPHOTO
The nphoto.com/en website (the 'Website') is operated by Cyfrowa Foto Sp. z o.o. (owner of nPhoto brand) based in Zaczernie 190, 36-062 Zaczernie, Poland,
VAT 231 612644, National Business Registry Number: 180149478, National Court Register Number: 0000259700, e-mail: email@example.com
(hereinafter: Service Provider)
1. GENERAL PROVISIONS
1.1.1 The Website is intended for Users who provide services and carry out orders placed by their customers in the photo-video industry, even if they are not operating as a business. Access to the full Website and its resources is possible after positive user verification. User verification is carried out by the Service Provider who enables the User to access the resources of the Website. Verification is to confirm that the registering customer is performing orders in the photo and video industry. Registration verification may take place on the basis of the portfolio provided (website, fan page on Facebook etc.), or in the absence thereof based on a conversation by phone or e-mail. In case of incorrect rejection of registration please contact us at: firstname.lastname@example.org for reverification.
1.1.2 The information on the Products / Goods / Services presented at the Website, in particular descriptions, technical parameters and prices do not constitute an offer for sale within the meaning of the Civil Code, but an invitation to conclude a contract.
1.1.3 The Service Buyer is entitled and obligated to use the Website in accordance with its intended use.
1.2.1 Internet Service – Provider's service is available at the Internet address: https://nphoto.com/en/
1.2.2 The owner of the service is Cyfrowa Foto Sp. z o.o. (owner of nPhoto brand) located at: Zaczernie 190, 36-062 Zaczernie, Poland, VAT 231 612544, REGON No.180149478 e-mail: email@example.com, telephone number: UK/IE +44 (0) 20 3409 4355, US/CA/AU +1 (631) 772-0030 (Telephone charge as per standard call - in accordance to relevant operator's tariff). 1.2.3 WORKING DAY - a day from Monday to Friday, excluding Polish public holidays.
1.2.4 ORDER FORM - interactive form available on the website enabling the selection of the project, its completion by the Customer and placing an order.
1.2.5 WORKING HOUR - one full hour between the regular working hours of Users assigned domain
1.2.6 CUSTOMER – Recipient of the service, who intends to enter or has entered into a contract of manufacturing the Product through Internet Service.
1.2.7 ACCOUNT - marked with an individual name (login) and password given by the Client, it's the collection of resources in the IT system of the Service Provider, in which service Recipient’s data are collected including the information about placed Orders.
1.2.9 PRODUCT - it's a movable good, manufactured by Website Service, according to the Project defined and completed by the customer and which is, or will be the subject of a contract between the customer and the Website Service.
1.2.10 PROJECT - template of the future Product made available on the website, completed by a Customer supplementing it with the texts, graphic and/or colour elements.
1.2.12 SERVICE BUYER- a private individual with full legal capacity, legal person or organizational unit without legal personality, which uses the service provided electronically by the Service Provider.
1.2.13 SERVICE PROVIDER - the company Cyfrowa Foto Sp. z o.o. (owner of nPhoto brand) Zaczernie 190, 36-062 Zaczernie, Poland, VAT 231 612544, e-mail: firstname.lastname@example.org, UK/IE +44 (0) 20 3409 4355, US/CA/AU +1 (631) 772-0030 (Telephone charge as per standard call - in accordance to relevant operator's tariff). 1.2.14 ORDER- the Customer's statement of will placed with the use of Order Form and constituting an offer to draw a contract to manufacture the Product through Internet Service.
1.2.15 POSITIVE VERIFICATION OF THE ORDER – the positive verification of the order consists of a correctly completed Order Form, sending the Project/Order selected and previously accepted by the Service Buyer and the confirmation of the payment for the Order.
2. TYPES AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY
2.1 The Service Provider provides by electronic means the following services:
2.1.1 Website Account management. - Account - Use of Accounts is possible after meeting together two consecutive steps - (1) filling out the Registration Form, (2) clicking on the "Register" button. It is necessary to provide the following Recipient's information on the Registration Form: full name, e-mail address and an individual password.
2.1.2 Enable to place the Order on the website by filling in the Order Form. - Order Form – use of the Order Form starts from the moment of adding first Product to the electronic shopping basket in the Online Shop. Placing orders after meeting a total of two consecutive steps - (1) after completing the Order Form and (2) clicking the 'Order' - until then, there is the possibility of selfmodification of data input (to do this, follow the prompts and information available on the website online shop). In the Order Form, it is necessary to provide the following information: name/company name, address (street, house/flat number, postal code, city, county), e-mail address, telephone number, product(s), the characteristics of the product(s), quantity of product(s), place and method of delivery, method of payment. In case of the Customers who are not consumers must also provide your company name and tax identification number. - Newsletter – you can sign up for the Newsletter after filling up the form shown in the Online Shop and clicking on the 'Sign up' button - you provide there your e-mail address to which next editions of the newsletter will be sent. You can also subscribe to our Newsletter, by ticking appropriate checkbox while creating an account - with the creation of the Customer’s Account, he/she is signed up for the Newsletter.
3. CONDITIONS GOVERNING THE PROVISION OF ELECTRONIC SERVICES
3.1.1 Provision of electronic services by the Service Provider is free.
3.2 The period for which the agreement is concluded:
3.2.1 The contract for the provision of electronic services consisting in running account on the website is concluded for an indefinite period.
3.2.2 The contract for the provision of electronic services consisting of enabling the submission of the Order on the website by filling Order Form is concluded for a period of time and shall terminate upon the submission of orders or cancellation of its submission by the customer during ordering process.
3.3 The technical requirements necessary to work with the online editor and the ICT system, which is used by the Service Provider:
3.3.1 Desktop device such as personal computer or laptop with Internet access. Smartphones and tablets are not supported.
3.3.2 Operating system: Windows XP, Vista, 7, 8, 10, IOS (only if using Google Chrome browser). Linux system is not supported.
3.3.3 Google Chrome or Mozilla Firefox internet browser. Other browsers may cause issues during creating a project.
3.4 Customer must not deliver illegal content. Also, Customer declares that he/she is the owner of the provided content or has the right to use the content. The provided content must not infringe any goods of third party people
4. CONDITIONS FOR DRAWING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
4.1 The contract for the provision of electronic services, which consists of account management on the website.
4.1.1 To sign the contract for the provision of electronic services, consisting of account management on the website, you need to fill in the Registration Form mentioned in paragraph 2.1.1 and an account will be created.
4.2. The contract for the provision of electronic services is to enable the submission of Order on the website.
5. CONDITIONS FOR DRAWING OF THE PRODUCT MANUFACTURE CONTRACT
5.1 Ads, advertising, price lists and other information on products listed on the website, and in particular their descriptions, technical and performance characteristics and price, constitute the invitation to draw the contract, within the meaning of art. 71 of the Civil Code of 23 April 1964. (Dz. U. No. 16, pos. 93, as amended.)
5.2 Products prices shown on the website are shown in the appropriate currency and contain all the charges, including VAT, customs duties and any other charges. Prices do not include, however, delivery costs, which are indicated when placing orders.
5.3 Product's price visible on the website is valid at the time of placing the order by the Customer. This price will not change regardless of the price changes on the website, which may arise in relation to individual products at the time Customer places the order.
5.4 Drawing of the contract for the Product manufacture with the use of Order Form.
5.4.1 To draw the contract for the Product manufacture it is required to place the order by the Customer in accordance with paragraph. 4.2.
5.4.2 After placing the Order in accordance with paragraph 2.1.2 Internet Service shall immediately confirm the receipt, which obliges the Customer to be responsible for his/her Order and the Order is passed to production. We will confirm that we received the Order and passed it to production via an e-mail containing:
18.104.22.168 Confirmation of all relevant elements of the Order.
22.214.171.124 Statement Website of the receipt of orders.
126.96.36.199 Statement Website of acceptance of orders.
5.4.3 Upon receipt of the e-mail referred to in point.
5.4.2. agreement for product's performance is concluded between the Client and the Service Website.
5.5 Each contract for performance of the Product will be confirmed by electronic invoice delivered by e-mail, on request, VAT invoice, which will be sent via email.
5.6 Website will send or make available to the Customer an invoice by electronic means after each payment. The Customer expressly agrees to receive invoices electronically.
5.7 The Service Provider is obligated to deliver the ordered goods within a period not exceeding 30 calendar days, counting from the date of the Positive Order Verification.
6. METHODS OF PAYMENT
6.1 Our Internet Service provides the following methods of payment: electronic payment through the services: PayLane or PayPal.
7. DELIVERY METHOD
7.1 Our Internet Service provides the following delivery method: consolidated parcels and Courier parcels
7.2 Any delivery charges are indicated in the cart and through the confirmation e-mails.
7.3 Shipping service time - is composed from the time between the order being placed and the order leaving our headquarters and between the time it will take the courier to deliver the parcel to the customer.
7.3.1 Delivery time: 4 working days, counted from the moment of dispatch.
7.3.2 The online Shop is obliged to deliver the ordered goods within a period not exceeding 30 days from the date of the agreement.
7.3.3 Orders are shipped from headquarters on weekdays from Monday to Friday.
7.3.4 Once the order has been paid and the destination country has been chosen, it is not possible to change the destination country.
7.3.5 Delivery costs may vary, depending on the destination country, parcel weight and product type. For more information see https://nphoto.com/en/shipping.
8. CONDITIONS FOR TERMINATING CONTRACTS OF ELECTRONIC SERVICES
8.1 Termination of the agreement of electronic services:
8.1.1 The recipient of the service can terminate the contract of electronic services.(maintaining account on the website).
8.1.2 Customer may terminate the agreement by sending an appropriate statement via e-mail to the address: email@example.com.
8.1.3 The Service Provider may terminate the agreement of electronic services, if the recipient provides illegal content.
8.1.4 The agreement will expire after 7 days from the date of submission of a declaration of intent of termination (notice period).
188.8.131.52 The Service Buyer is able to terminate the Account agreement by contacting Customer Service team via email: firstname.lastname@example.org or by phone: UK/IE +44 (0) 20 3409 4355, US/CA/AU +1 (631) 772-0030 (Telephone charge as per standard call - in accordance to relevant operator's tariff).
8.1.5 Termination leads to the destruction of the legal relationship with effect for the future, so does not lead to the elimination of the legal consequences that arose earlier - the duration of the contract.
8.2 Service Provider and the Client may terminate the contract for the provision of electronic services at any time by agreement of the parties.
8.3 Orders which have been carried out but left unpaid will be terminated one year after the order has been placed/accepted and no payment has been made to that time
9. PROCEDURE OF COMPLAINT
9.1 Claims arising from non-compliance with the agreement of the Product: - Base and responsibilities of the Website to the customer who is also a consumer within the meaning of Article. 221 of the Civil Code of 23 April 1964. (Journal of Laws No. 16, pos. 93, as amended.) For non-compliance of the Product of the agreement are determined by the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002. (Journal of Laws No. 141, item. 1176, as amended.). - Notification of non-compliance with the contract of the Product and the respective request can be made by sending an e-mail to email@example.com - Claims Department will address customer’s demands no later than 14 business days after the complaint has been submitted, within this time frame, a response to the complaint will be sent to the address specified by the customer or in any other manner provided by the Client. - In the case of products covered by the guarantee, Claims Department informs that the warranty on the product does not exclude, limit or suspend the rights of the buyer arising from the incompatibility of the Product of the agreement.
9.2 Claims related to the provision of electronic services by the Internet Service. - Complaints related to the provision of services via the Internet service can be sent using the Claim Form in the Return Policy section. - It is recommended that the client include in the above e-mail as much information and facts concerning the subject of the complaint, type and date of irregularities, and contact information - this will facilitate and expedite the consideration of the complaint by the Service Provider. Please attach a sales document (electronic invoice/receipt) to the product in question. - Consideration of a complaint by the Service Provider shall take place immediately, no later than within 14 business days. - The response from the Claims Department on a complaint is sent to the e-mail the Customer specified in the claim form or in a different manner specified by the Client.
9.3 The Complaint Procedure
9.3.1 In order to recognize a complaint made by Customer concerning damaged Goods / Products / Services in delivery, Customer is obligated to report such damage to the Service Provider in the manner described in paragraph
9.3.2 within 14 days from the date of detecting the damage along with a detailed description and photos of the issue.
9.3.2 Complaints about damaged Goods / Products / Services in delivery which were ordered at the Website may be submitted via the Complaint Form available on the Website in the Return Policy or by communicating such a request via email.
9.3.3 The Service Provider will respond to a complaint made by the Customer within 14 business days from the date of their submission, as well as inform the Customer about the further course of proceedings.
9.3.4 Compensation liability of the Service Provider towards the Customer due to lost profits, loss of the company’s reputation or image, consequential and indirect damages is excluded. Any compensation liability of the Service Provider towards the Customer related to the purchased Product / Good / Service is limited to its selling price.
9.4 Damaged goods/products in delivery
9.4.1 In case of damaged goods/products, the courier needs to fill out the damage report.
9.4.2 The courier’s duty is to have a parcel damage protocol.
9.4.3 Before signing the damage protocol, the protocol should be read carefully and special attention should be paid to the compliance of the information contained therein with the actual condition of the parcel (damage to the packaging, warning signs).
9.4.4 In case of refusing to accept the parcel due to its damage, the refusal should be clearly marked on the consignment note. This will significantly simplify and speed up the complaint procedure.
10. RIGHT OF WITHDRAWAL
10.1 In accordance with Consumer Rights Act (2015), the right of withdrawal does not apply to products that are produced in accordance with customer's specification or tailored specifically to the personal needs of the customer. As all our products are personalised and produced in accordance with customer's specification and have no value on the open market, we are, unfortunately, unable to accept returns unless the ordered products are faulty. In case if the ordered goods are faulty, damaged or different from those you ordered, please contact our Customer Service department by sending an email to firstname.lastname@example.org or via the complaint form available in the Return Policy on our website.
11. ADDITIONAL INFORMATION
11.1 Information on methods and technical means for detecting and correcting errors in data entry:
11.1.2 Verification, error correction, correction of orders, or order termination can be made by sending an e-mail to the Service Providers (the Website) to: email@example.com or by phone: UK/IE +44 (0) 20 3409 4355, US/CA/AU +1 (631) 772-0030 (Telephone charge as per standard call - in accordance to relevant operator's tariff) no later than one hour after service provider has verified and accepted order into production and only if the production process has not yet commenced.
11.2 Information on the principles and methods of preservation, protection, and sharing by the Service Provider (Internet Service) on the other side of the concluded agreement:
11.2.1 Consolidation, security and access to the concluded contract for the provision of electronic services occurs by sending relevant e-mail after the conclusion of the contract.
11.2.2 Consolidation, security and access to the concluded execution of the Product occurs in two ways:
184.108.40.206 Client by sending an e-mail concluded agreement and by printing and handing the customer specifications contracts and proof of purchase.
11.2.3 The content of the concluded agreement is further perpetuated and protected in the IT system of the Service Provider and made available on Customer's demand.
11.2.4 Carts, which were ordered but not sent to production due to incorrect files for example, and for which payment has not been settled, will be removed from the Service Provider's servers after 60 days from the date of order. Removal of Baskets is also associated with the project removal, located in the Basket.
11.2.5 Carts ordered and paid for, will be removed from the Service Provider's servers after 400 days from the date of order. Removal of cart is also associated with the removal of the project, located in the cart.
11.3. After dispatch of the purchased goods Service Provider, under the agreement with the Buyer is entitled to send to the Buyer by e-mail invitation to complete the survey in order to investigate his/her opinion on the transaction. The buyer is entitled, but not obliged to comply with it.
11.4 Storage of files: - ordered and paid – deletion after 400 days from the date of the order placement. - projects in the Online Designer are kept for 90 days if left unattended (are not ordered).
12. FINAL PROVISIONS
12.1 The agreements concluded by internet service are concluded in accordance with Polish law and are subject to Polish jurisdiction.
12.2 In matters not covered by these regulations are applied: the Civil Code of 23 April 1964. (Journal of Laws No. 16, pos. 93, as amended.); Act on electronic services of 18 July 2002. (Journal of Laws No. 144, item. 1204, as amended.); Act on protection of consumer rights and liability for damage caused by a dangerous product of 2 March 2000. (Journal of Laws No. 22, item. 271 as amended.); Act on specific terms of consumer sales and amending the Civil Code of July 27, 2002. (Journal of Laws No. 141, item. 1176, as amended.) And other relevant provisions of Polish law.
12.3 Dispute Resolution:
12.4. Any disputes arising between the Service, and the Service who is also a consumer within the meaning of art. 221 of the Civil Code of 23 April 1964. (Journal of Laws No. 16, pos. 93, as amended.) are subject to the courts competent in accordance with the provisions of the Code of Civil Procedure of 17 November 1964. (Journal of Laws No. 43, pos. 296 as amended.).
12.4.2 On 15 February 2016, the EU Commission has created a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their order placed online off the court. To access the platform please go to the website: https://ec.europa.eu/consumers/odr/main/? event=main.home2.show
12.5.2 The Customer has the right to use the out-of-court method of dealing with complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection.