Terms and conditions
General Terms and Conditions for Services provided by Globart Print Sp. j.
§ 1. General provisions
1.1. These General Terms and Conditions define:
a) the manner of use of services offered by GLOBART Print Sp. j.,
b) the scope of liability.
General terms and conditions are applicable to all contracts or agreements for printing as well as any other forms of services provided by the Print Shop or the Service Provider, concluded with other persons or entities hereinafter referred to as Purchasers or Customers.
1.2. The provisions hereof constitute an integral part of any contract or agreement/ order / purchase order, the signing thereof means the acceptance of these General Terms and Conditions.
1.3. In matters not regulated by these General Terms and Conditions, relevant regulations of the Polish law shall be applicable.
1.4. Purchase orders and complaints may be submitted in writing only (by electronic means or personally at the firm’s office).
The purchase order form is available on the website http://www.globartprint.pl
§ 2. Conclusion of a contract / Order acceptance
2.1. The order acceptance occurs at the moment of receipt by the Purchaser of an order confirmation by the Service Provider and the acceptance (signing) thereof by the Purchaser, unless otherwise stipulated by the parties.
2.2. When placing a purchase order, the Customer is required to submit necessary documents (photocopies of Regon [statistical number], NIP [tax ID], KRS [entry in the National Court Register], PESEL [national identification number]) and to give all details required according to the purchase order form. The submission of abovementioned documents constitutes a condition for the acceptance of a purchase order for fulfilment and applies to the first purchase order placed by the respective Purchaser. The Print Shop has the right, at least every 30 days, to demand a confirmation of the details concerning the Purchaser’s firm.
2.3. Placing a purchase order using a form by electronic means requires contacting the Customer Service Department of Globart Print Sp.j.. Filling in and sending the purchase order is tantamount to ordering of the service. The order acceptance occurs at the moment of acceptance of details necessary for the fulfilment of the purchase order by the Service Provider.
§ 3. Order fulfilment
3.1. The date of delivery of complete materials for printing complying with the file preparation specification of Globart Print shall be regarded as the date of commencement of order fulfilment; any deadlines within the purchase order shall be counted, in working days, from such date. The order fulfilment date will be agreed and individually arranged with the Customer based on production capacities on the respective day.
3.2. The Service Provider reserves the rights not to store the Customer’s materials (files) placed on the Print Shop’s server after the order fulfilment.
3.3. A condition for the commencement of order fulfilment is the delivery of documents by the Purchaser and the provision of details mentioned in item 2.2.
3.4. The order fulfilment will take place after the delivery or after the acceptance by the Purchaser of complete materials for printing complying with the file preparation specification of Globart Print. Complete, correctly prepared materials for printing should be stored in electronic form and prepared according to the requirements available on the website http://www.globartprint.pl (all materials should be prepared according to the specification).
In case of the consent to order fulfilment without a proof sample* (colour pattern – proof) the responsibility for errors in the content, page layout and colour scheme shall be borne by the Customer. An essential requirement with regard to the delivered material is detailed information concerning the nature and the object of the service. In case of lack of a colour pattern the Service Provider is not responsible for obtained print colours. Furthermore, the Service Provider shall not make any corrections to the contents of materials sent by the Customer without an explicit indication of such requirement.
a) In case of an order for design preparation, the printing may take place after the acceptance of correctness of contents and graphics by the Purchaser.
b) In case of delivery of a design in the form of editable files by the Purchaser the Print Shop shall prepare the material for printing and deliver it to the Customer for his acceptance with his consent only.
3.5. The Purchaser is solely responsible for the kind, quality, content and consequences of defectiveness, if any, of the materials for printing delivered by them (in case of order fulfilment based on the customer’s material), and the Service Provider is responsible for the quality of material offered by it and used to perform the service (Article 641 of the [Polish] Civil Code).
3.6. The Print Shop is not responsible for delays, with respect to the agreed schedule, in the delivery of materials for printing resulting from circumstances for which the Purchaser is responsible. The delivery of incomplete or defective materials for printing obliges the Service Provider to extend the time for receipt.
3.7. In the situation mentioned in preceding items, if the failure to fulfil the obligation by the Purchaser may hinder the performance or conclusion of other contracts by the Print Shop – it is authorised, at its option, to:
a) withdraw from the purchase order/order without fixing any additional deadline, with the right to demand remuneration for performed work (Article 639 of the [Polish] Civil Code);
b) demand from the Purchaser to give consent to a price increase or a deadline extension within the limits necessary to keep the schedule for the fulfilment of other orders, to avoid the withdrawal from the order if the Purchaser fails to give his consent.
3.8. The Service Provider is obliged to ensure a high printing quality based on delivered materials for printing (considering the technological possibilities).
3.9. The Purchaser should accept the materials for printing if they comply with the class and kind specified in the purchase order.
§ 4. Payments
4.1. The payment for a purchase order may be made as follows:
a) in cash when collecting the purchase order,
b) by bank transfer into the account given in the invoice.
In case of cash payment by a new contracting party and when placing purchase orders for an amount exceeding 500 zlotys, an advance payment on account of the purchase order amounting to 20% of the purchase order sum is required, unless otherwise stipulated by the parties.
4.2. In case of settlement by bank transfer the standard term of payment is 7 days, unless otherwise stipulated by the parties.
4.3. The Service Provider reserves the right to demand a prepayment on account of an order (up to 100% of the order value) which may entail additional costs for the Print Shop (e.g. the material for printing ordered at the customer’s request, not included in the Service Provider’s standard offer, problems with compliance with payment terms resulting from previous purchase orders of the contracting party).
4.4. If the Purchaser fails to comply with the term of payment:
– after 5 days a demand note is sent,
– after 14 days a reminder is sent, and after 30 days the Service Provider transfers the claim to a collection agency.
4.5. In case of a delay in payment the Customer will pay interest to the Contractor in the amount of maximum interest mentioned in Article 359 § 21 of the [Polish] Civil Code.
4.6. Pursuant to Article 589 of the [Polish] Civil Code the Contractor reserves the ownership of the sold thing until the payment has been made.
4.7. Purchase orders for the amount up to 1000 zlotys are to be paid only in cash when collecting the goods or by bank transfer not later than on the day of collection of the goods (it does not apply to Purchasers having a permanent relationship of obligation with the Print Shop).
§ 5. Delivery
5.1. There are the following order delivery options:
a) by the Print Shop’s own means of transport,
b) by courier,
c) by the Polish Post [Poczta Polska],
d) collection by the Purchaser.
5.2. In case of delivery to the Purchaser (by own means of transport as well as by courier or by the Polish Post) the cost is individually agreed and added to the order value.
5.3. When receiving the delivery the customer shall check its completeness and state. In case of damage, if any, he should immediately notify the Service Provider and register a complaint in writing in the form of a complaint report prepared with the participation of a representative of the Print Shop (the driver) or the forwarding agency at the moment of receipt of the goods, to avoid the invalidity of any possible claims resulting from the fact of damage which occurred during the transport (including incomplete delivery).
5.4. In case of any damage to the object of the purchase order occurring during the transport by an external firm (courier service, the Polish Post) the Print Shop shall not be liable for such occurrence. The external firm responsible for the parcel delivery is liable in such case (Article 429 of the [Polish] Civil Code).
§ 6. Requirements for customer complaints
6.1. Goods which do not comply with the purchase order or are defective are subject to complaints. Defects of a part of the purchase order shall not entitle the customer to complain about the entire purchase order.
6.2. In case of existence of defects for which the Service Provider is at fault it shall properly fulfil the order having agreed all details concerning the complaint with the Purchaser, unless otherwise stipulated by the parties. The Print Shop is not liable for defects for which the Purchaser is at fault (e.g. due to the delivery of incorrectly prepared materials), as well as for defects resulting exclusively from the quality of material delivered by the Purchaser or by a third party. The Purchaser has the right to register both quantity and quality complaints after the receipt of the object of the purchase order. The complaint should be delivered to the Service Provider in writing, to avoid the loss of claims arising from the statutory warranty, within 3 days from the moment of receipt of the order.
6.3. In case of a complaint concerning the quality of the order the Service Provider reserves the right to demand the return/sending back of rejected work in order to assess the legitimacy of registered complaint (for the time of delivery of the work, the time for the response to the complaint shall be extended by the time of return of the work). In such case the delivered material with a defect discovered by the Customer shall constitute the basis for complaint acceptance.
6.4. In case of a negative decision concerning the complaint the Customer shall bear the costs of delivery and resending of rejected goods.
6.5. In case of discovery of irregularities during the delivery the Customer shall report such fact to the courier/carrier/delivery firm who is obliged to draw up a damage report – such document is necessary when registering a complaint concerning any damaged/incomplete delivery.
6.6. Rejected work must not show any signs of use – the Contractor will consider letter of complaints concerning new work (in the state as received by the customer).
The Print Shop shall respond to a complaint in writing/by electronic means within 14 days from the receipt thereof.
§ 7. Scope of liability
7.1. In case of a delayed or improper performance of the purchase order/order or a withdrawal from the purchase order, the liability of the Service Provider is limited to the value of the purchase order/order accepted for fulfilment and shall not include the covering of any profits lost by the Purchaser or additional expenses incurred (e.g. expenses related to the assembly/disassembly of the work).
7.2. The Print Shop is not liable for:
a) the printing of work which has been incorrectly prepared with regard to the content,
b) the printing of work which has been incorrectly prepared in the technical aspect, if the Service Provider has not made any corrections,
c) the printing of work accepted by the Purchaser and containing technical or content-related errors,
d) delays in the period of fulfilment resulting from the time of delivery of required documents by the Purchaser,
e) complaints concerning parcel deliveries by courier or by the Polish Post.
*the proof sample is a colour pattern in the form of a printout of the production file delivered to the Service Provider for production (proof) as well as a printout on a scale or in a dimension making it possible to carry out the production based on desired colours contained on it; the contractor reserves the right to carry out the actual printing based on the proof sample, with deviations from the delivered sample resulting from the use of different base, inks or plotter.