1. General - The Scope of Contracts
The following terms and conditions apply to all Business relations of the company PRINT GROUP Sp. z o.o. Business address:
ul Cukrowa 22, 71-004 Szczecin, Polska, Court of Registration:
Sąd Rejonowy w Szczecinie
VII Wydział Gospodarczy Krajowego Rejestru Sądowego
KRS Nr: 0000289351,
in the following designated as contractor, over the web pages www.booksfactory.com.ua. Customers in the meaning of the terms and conditions are both consumer as well as entrepreneur. Deviating, contrarious or supplementing general terms and conditions, even if aware of, are not an integral part of the contract, unless the validity is endorsed explicitly. Relevant in each case is the valid version of the contract conclusion.
2. Conclusion of contract
Registration in the Print Group system is a confirmation of familiarity with the current regulations, updated on the website and acceptance of the form of its changes and current updates, which will be carried out not more often than at the end of the calendar month. Updates shall enter into force within 7 days of their announcement, unless the customer shall inform in writing about the non-acceptance of the changes.
You are considered to have placed a binding order for the items contained in the shopping cart after you have entered your personal data and clicked on the button "Confirm Order" in the last step of the order placement process. The acknowledgment of the receipt of order for the customer is sent immediately after the order has been placed by e-mail. This acknowledgment informs the customer that his order has been received by www.booksfactory.com.ua.
www.booksfactory.com.ua accepts the order of the customer and the purchase agreement is considered to be concluded at the same time. With the acknowledgement of receipt, the customer will receive all relevant customer information for his records. If you do not receive order confirmation from us within 2 weeks, your order is no longer binding.
For orders with distribution to a third party the person who does the ordering is the customer. If the distribution to a third party is to their benefit or if the recipient of the distribution by claiming it and enriching themselves by further utilization of it, so both - orderer and recipient of the distribution are the customer. With the placing of such an order the customer agrees tacitly that consent here fore exists.
If ordering for the account of a third party, irrespective of using one's own name or the name of a third, both orderer and invoice receiver will be looked upon as one collaborative customer. A later performed change in invoicing after the completion of the financial accounting by wish of the orderer for another invoice recipient signifies the tacit collateral promise of surety or cumulative assumption of debts. By placing such an order the orderer agrees tacitly that the consent of the invoice receiver is given.
Printing orders that obviously violate/infringe the constitution of the Republic of Poland or ethical fundamental values are not processed.
Agreements are concluded exclusively in English language for abroad.
3. Delivery, Passage of Risk
The production and delivery times specified in the Online Shop Booksfactory.com.ua for the completion of the order correspond to the respective status of planning. They are non-binding as presumed dates of completion. Delivery dates are valid only if they are expressly confirmed by us.
The contractor is not liable for compliance with non-binding dates of completion and non-binding dates of delivery. In case of non-compliance with dates of delivery that have been explicitly acknowledged as binding by the contractor, the compensation obligation is limited to the value of order; further claims are ruled out unless the failure to meet the delivery term recognized as binding is based on a deliberate act or gross negligence by the contractor or a legal representative or assistant of the contractor.
The delivery time will be automatically extended for all cases involving higher force as long as the hindrance exists. The term higher force includes in particular strikes and operational disturbances - especially disturbances in data links - as long as these hindrances have a provable material influence on delivery times. This applies also if the hindrances occur at one of the contracting partners of the contractor. The contractor shall also not be held liable in the aforementioned circumstances if the delay is caused by a pre-existing hindrance.
Since Booksfactory.com.ua does not sell material objects, we will never run out of stock or be unable to deliver. If deliveries are delayed in violation of the delivery times specified on our web page, Booksfactory.com.ua will get in touch with you immediately.
For technical reasons, Print Group reserves the right to execute incomplete or exceeded orders, which will be carried out in the amount of +/-4%, but not more than 20 copies difference (in plus or in minus).Both incomplete or exceeded orders shall be treated as closed and executed while maintaining quantitive differences referred to above and taking into account those differences in the sales document.
Any over- or underpayment shall be taken into account in the execution of the next payment.
The prices specified on the Website apply with the caveat that the order details of the customer remain unchanged.
If a consignment of items must be sent again due to a customer error or wish, the customer has to bear the resulting costs. If the customer provides a wrong value added tax ID and the delivery is treated as tax free, which the contractor could not have expected to identify using the reasonable care expected of an ordinary businessman, the customer is burdened with the lost tax debt. If the customer is a business with a domicile in a non-EU country, the invoice will be processed without a sales tax certificate.
Additional costs for packing, freight, postage, and other shipping expenses can be seen on the price list. Cost for data conversions, test prints, and similar preparatory work that are originated by the customer, will be charged at 20.00 Euro per hour.
When executing orders marked as expedited, urgent or express, where the required deadline differs from the standard, Print Group shall charge an additional fee according to the current price list, or agreed by the customer with the sales representative.
The indicated payment times apply for the customer.
Applicable prices at the time of order placement shall be valid. There will be no special promotion offers.
All orders will be realized after full payment has been received by contractor.
Subsequent changes, meaning after our order acceptance, will be billed to the customer. Every change of commercial order data (receiver of invoice, delivery address, type of shipment, method of payment and the like) will also be considered as change of order. Changes at the request of the customer or corrections of addresses by the delivery service (wrong or incomplete statement of address) will be subjected to a blanket fee of EUR 10.00.
Print Group reserves the right to sell or transfer receivables due to services rendered to entities involved in the purchase of debts
In the case of arrears of more than 7 days, receivables are automatically transferred to the debt collection department, which begins the collection procedure. After the initiation of the collection procedure, the customer accepts and agrees to incur additional costs relating to this procedure and the penalty rate, in the amount of twice the statutory interest, charged for each day of the overdue payment. Enforcement costs will be determined each time depending on the form of recovery and the activities undertaken, in accordance with the costs incurred by the Print Group.
5. Warranty, Customer Service
The customer shall in all cases be obligated to inspect the supplied data immediately on receipt to insure conformity with the contract. The same applies to pre and interim corrected data.
Obvious defects shall be reported to us in writing by the customer (entrepreneur) within a time period of one week upon receipt of the consignment, via complaint form, otherwise the assertion of the warranty shall be excluded. Punctual dispatch suffices to comply with the time limit. Concealed defects that were not detected by the customer during the immediate inspection when goods were delivered shall be reported in writing within the 4 week period after the goods have left the factory.
In the case of justifiable claims, consumers have the choice either to have the defects rectified or the goods replaced. We are entitled to refuse the customer-selected supplementary performance if it is only possible with disproportionate costs and another type of the supplementary performance is possible without incurring substantial disadvantage to the customer. We initially guarantee businesses to rectify or replace the defective merchandise at our option. In each case the supplementary performance remains limited to the extent of the order value. The same applies in the case of a justifiable claim for rectification or replacement. In the case that remedy of the default or delay of a replacement is not carried out, or is not successful, the customer shall rescind the contract. Liability for consequential damages shall be excluded.
The identification of defects in only a part of the supplied goods does not entitle the customer to a claim on the entire delivery.
For deviations in the composition of the materials the contractor is only liable for the amount of his own claim against his sub-supplier. In such a case the contractor is freed of liability as long as he transfers his claim against the sub-supplier to the customer. The contractor then is liable like a guarantor as long as demands against the sub-supplier by default of the contractor do not exist or such demands can not be enforced.
If the data given by the customer does not correspond with the requirements of Booksfactory.com.ua, the guidelines listed in "Print requirements" will be applied.
If the customer, even if asked, has not provided a printout of the print files and has not accepted the proofs or proof runs created by us, we are freed of liability. Reclamations in this context will not be accepted.
Over or under deliveries within 10% of the amounts ordered must be accepted.
Customer Service: We can be reached by telephone from Monday to Friday from 9:00 AM to 5:00 PM, Telephone: +48 91 812-43-49 internal 28 , Fax: +48 91 812-43-49 internal 30, Email: firstname.lastname@example.org Please be patient if you are unable to reach us immediately due to a high workload on the telephone. You can always contact us per email.
6. Liability for Damage
If the contractor ships the item to a location other than the delivery address specified by the customer, the risk shall be transferred to the customer when the contractor delivers the goods to the forwarding company, freight carrier etc. for shipment to the designated persons or establishments. This does not apply if the customer is the final user.
Customer demands for payment of damages are, subject to the following rules, excluded if the damage was caused intentionally or caused by gross negligence. This also applies for slight negligence in breaches of duty by our assignees.
The forgoing requirement for a damage statement does not apply if we negligently violated an essential contractual obligation; however, our obligation to indemnify in such a case is limited to the contractually typical predictable damage. The contractor shall particularly not be liable for the loss of potential business profits or potential savings. This applies also to all damages which are caused by our employees, representatives, or assignees. As soon as the item has been handed over to a forwarding agent, freight carrier, or postal service, but at the latest upon its departure from our company premises, the customer shall bear the risk for the item if the customer is not the consumer. The transfer of risk onto the customer also takes place with post paid or free delivery shipments if the customer is not the consumer. Each delivery where external damage is visible should only be accepted by the customer after receiving confirmation of the damages from the freight forwarder or carrier. If this is not done, all claims for damages are forfeited.
All originals turned over to us shall be treated with care. We shall be held liable in case of damage or loss of those only to the extent of the value of the raw material. All further demands of every kind are excluded.
Ordering a data check: In an order is placed for a data check, we will check your printing data with respect to resolution, bleed, data format and font embedding. You may also order this additional option for every product. We make no guarantee for spelling and typographical errors, color reproduction or problems that may occur if the maximum color application of 300% is exceeded. Basically, print-over settings and the position of folding are also not checked because design considerations may be of paramount importance in this case.
The printed matter and electronic publications are produced based on the customer's content specifications. For this reason the customer is held liable towards Booksfactory.com.ua that he is entitled without reservation for usage, propagation, and circulation of all transferred files, including texts and picture material. Furthermore, the customer is liable that the printing commissioned by him for production is not covered by commercial patent rights or copyrights held by a third party and that the content shall offend neither any competition legal regulations nor morals.
8. Legal Notice and Advertising
We can, with the consent of the customer, refer to ourselves on products resulting from the contract in a suitable manner. The customer may refuse consent only if he has a predominant interest in it.
We reserve the right, even without explicit permission of the customer, to send reprints of orders as quality samples to third parties.
9. Transmission and Archiving of Printing Data
If the orderer and customer transmits printing data, regardless of the method used and especially in the case of the electronic transmission of printing data and exchange of data carriers, the contractor accepts no liability for the transmission or safekeeping of the printing data. Printing data will not be archived by the contractor. The contractor will pay no compensation for lost data, and if data have to be searched for or reproduced, this will be the customer's obligation.
10. Data Protection
The contractor is obliged to inform you in detail as a customer about the kind, range, and purpose of the collection, processing, and use of the personal data that is necessary for the execution of orders as well as your right to object to the use of your anonymous user profile. Your data stored on our premises will be treated confidentially and will only be passed on to our partner enterprises when necessary for the execution of your order. Your data will not be passed on to other companies that do not belong to our business group for the purpose of advertising or market studies.
The customer explicitly agrees to the collection, processing, and use of his personal data. He may revoke the consent of storage and specific processing of his data at any time in writing or through the transmittal of an email to email@example.com . This will mean a complete deletion of his profile from our database
11. Applicable Law, Place of Fulfillment, Place of Jurisdiction
The laws of the Republic of Poland apply, unless the validity of a Polish law conflicts with mandatory regulations.
The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
For agreements with business people, juristic persons under public law or separate assets under public law, the exclusive place of fulfillment and place of jurisdiction shall be the legal domicile of the contractor (Szczecin).
If the private end-consumer has no residence within the European Union, the place of jurisdiction shall be our legal domicile.
The laws of the place of residence of the end-consumer may also be applicable to transactions with end-consumers within the European Union if it definitely deals with consumer law-related regulations.
All messages, graphics, and layout of the contractor's web site serve solely for informing our customers. It is used at one's own risk. All data therein is protected under copyright; copying and printing of the entire web site is only permitted for the purpose of placing an order with our company. Each act of processing, copying, dissemination, or public exhibition exceeds the usual utilization and represents an offense against copyright law that will be criminally pursued with a demand for compensation. All other quoted trademarks, product names, and company names, as well as their logos on our website are the sole property of the respective owners. All rights are reserved.
13. Impressum/Provider Information
PRINT GROUP Sp. z o.o.
Company domicile: 71-004 Szczecin, ul. Cukrowa 22
Court of Registration:
Sąd Rejonowy w Szczecinie
VII Wydział Gospodarczy Krajowego Rejestru Sądowego
KRS Nr: 0000289351
Sales Tax ID No.: PL 8522520116