Terms & Conditions

Terms and Conditions of the Online Store www.futdesigners.com

The Futdesigners online store, available at www.futdesigners.com.
Seller – LUXDESIGN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered in the register of entrepreneurs under KRS number: 0001003903, NIP (Tax ID): 7481591690, REGON: 523744690, address RYNEK 60/2, 50-116 WROCŁAW.

§ 1. Definitions

1. Consumer – a natural person who enters into an agreement with the Seller via the Store, the subject matter of which is not directly related to his/her business or professional activity.

2. User – a natural person, legal person or an organizational unit using the website www.futdesigners.com.

3. Client – a natural person, legal person or an organizational unit who has concluded or intends to conclude a Sales Agreement or to use Electronic Services offered by the Seller.

4. Distance Contract – a contract concluded with the Client within an organized system for concluding contracts at a distance without the simultaneous physical presence of the parties.

5. Regulations (Terms and Conditions) – these Terms and Conditions of the Store.

6. Order – a statement of intent by the Client made using the Order Form for the purpose of concluding a Sales Agreement.

7. Registration Form – the form available in the Store enabling creation of a Client Account.

8. Contact Form – an interactive form enabling Clients to contact the Seller.

9. Order Form – a form enabling the placement of an Order, including adding Products to the Cart and choosing delivery and payment methods.

10. Cart – a Store element where Products selected by the Client are visible.

11. Newsletter – a service enabling subscription and automatic receipt of information about new products and promotions.

12. Goods / Product – a service provided by the Seller, including digital or printed graphic works, which includes simultaneous transfer of proprietary copyrights to the Client.

13. Sales Agreement – an agreement for the sale of a Product concluded by means of the Store.

14. Electronic Service – a service provided electronically by the Seller.

15. Working day – a day from Monday to Friday excluding statutory public holidays.

16. Personal Data Administrator – the Seller.

17. Consumer Rights Act – the Act of 30 May 2014 on consumer rights.

18. Civil Code (C.C.) – the Act of 23 April 1964, Civil Code.

§ 2. General Provisions

1. The Terms and Conditions are permanently available on the website www.futdesigners.com in a manner that enables any User to obtain, reproduce and store their content by printing or saving to a medium at any time.

2. The Client undertakes to use the Online Store and services offered through it while complying with the laws in force on the territory of the Republic of Poland and the provisions of these Terms and Conditions, respecting the principles of social coexistence and observing personal rights as well as the Seller’s and third parties’ copyrights and intellectual property rights.

3. The administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Seller.

4. Personal data is processed for purposes, to the extent and on principles indicated in the Privacy Policy continuously available on the Store’s website.

5. Consent forms (so-called checkboxes) concerning Clients’ personal data are available in a visible place in the Store during the purchase process for each time acceptance by the Client. Clients have the possibility at any time to update, modify or withdraw consent to the processing of their personal data that have been provided to the Seller.

6. The Client consents to the collection, storage and processing by the Seller of personal data for purposes directly related to the execution of the service or Goods ordered in the Online Store. Detailed terms of collection, processing and protection of personal data by the Seller are defined in the Store’s Privacy Policy.

7. Purchase of Goods may be made only by a Client who has a place of residence or registered office in the territory of the Republic of Poland.

8. All information contained in the Seller’s Online Store referring to Goods and Services (including: descriptions, prices of the Goods) do not constitute an offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract as referred to in Art. 71 of the Civil Code.

9. Use of the Online Store means any action by the User which results in familiarization by the User with any content placed on the Online Store’s website.

10. In order to secure and ensure protection of electronic transmission as well as digital content, the Seller implements and applies appropriate technical and organizational measures. To secure and minimize risks that may result from using the Internet, the Client should apply appropriate technical protections.

11. Use of the Online Store by the Client/User means any action of the Client that leads to his/her familiarization with all contents placed on the Store’s website.

12. The Online Store has the right to organize occasional contests and promotions, the conditions of which will be each time provided on the Online Store’s website.

13. Promotions of Goods organized via the Online Store are not subject to combination unless a given promotion’s regulations state otherwise.

§ 3. Contact with the Store

1. Seller's address: Wrocław 54-514, ul. Andrzeja Kmicica 56.

2. Seller's e-mail address: futdesigners.help@gmail.com.

3. Seller's telephone number: 576149497.

4. The Client may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

5. The Client may contact the Seller by telephone between 10:00 and 18:00.

§ 4. Technical Requirements

1. To use the Store, including browsing the Store’s assortment and placing orders for Products, it is necessary to have:
   a) a computer, laptop or other multimedia device with Internet access,
   b) access to electronic mail,
   c) a web browser supporting cookies (Mozilla Firefox version 17.0 or higher, Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher),
   d) recommended minimum screen resolution: 1024x768,
   e) enabling in the web browser the option to store cookies and support for JavaScript.

§ 5. General Information

1. To the widest extent permitted by law, the Seller shall not be liable for interruptions, including outages in the operation of the Store caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Client’s technical infrastructure.

2. Browsing the Store’s assortment does not require creating an Account. Access to certain website functionalities may require prior registration by the Client and each-time logging in. Use of available website functionalities is voluntary.

2a. Products that include the service of creating graphic works together with transfer of copyrights to the Client are subject to VAT at a rate of 8%.

3. All Prices shown on the Store’s website are given in Polish zloty (PLN) and are gross prices (including VAT, customs duties and other components). Prices do not include delivery costs.

4. The final amount payable by the Client consists of the price for the Goods and the delivery cost (including transportation, delivery and postal service fees), about which the Client is informed on the Store’s pages during placing the Order, including at the moment of expressing intent to be bound by the Sales Agreement.

5. If the character of the subject of the Agreement does not allow prior calculation of the final price, information on the method by which the price will be calculated, as well as on charges for transport, delivery, postal services and other costs, will be provided in the Store within the description of the Goods.

6. The Client bears costs related to Internet access and data transmission in accordance with the tariff of his/her Internet service provider.

7. The Client is responsible for the authenticity and completeness of the data provided by him/her, which are necessary to perform the Sales Agreement.

8. The Seller provides, via the Online Store, the following electronic services: Contact Form, Order Form, Newsletter, which are voluntary and free of charge.

9. Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Store (excluding the complaint procedure for Goods) may be submitted by the Client in particular: in writing or via electronic mail to the e-mail address indicated in § 3 of the Terms and Conditions. It is also recommended that the Client include in the complaint information (which will be helpful for the Seller when considering the complaint and may speed up the complaint process): circumstances concerning the subject of the complaint and the occurrence of possible defects, e.g. the type and date of occurrence of the defect, the Client’s demand, contact details for the Seller to contact the person making the complaint/the Client. The above recommendations are not mandatory and do not affect the effectiveness of the complaint handling.

10. With regard to a given complaint, the Seller shall take a position promptly, but not later than within 14 calendar days from the date of filing the complaint.

11. The right to withdraw from the contract for the provision of Electronic Services is vested in the Client who is a Consumer on the terms provided in the Regulations.

12. The right to withdraw from the contract for the provision of electronic services is vested in the Client for whom the Seller provides services that are continuous and indefinite in nature, without giving a reason, with immediate effect. To exercise this right, the Client sends a written or electronic statement to the e-mail address: futdesigners.help@gmail.com — an unequivocal declaration terminating the contract for the provision of electronic services.

13. The Seller reserves the right to terminate a contract for the provision of continuous and indefinite electronic services with a 14-day notice period in the event of the Client’s breach of the Terms and Conditions by giving written notice to the Consumer or the Entrepreneur sent electronically to the specified e-mail address.

§ 6. Newsletter

1. The contract for the provision of the Newsletter Electronic Service is concluded for an indefinite period at the moment the Client subscribes to the Newsletter using the functionality available on the Store’s website.

2. The User or Client within the Newsletter service may receive commercial information (e.g., about new products, promotions) from the Seller in the form of messages sent to the e-mail address provided by the Client.

3. Use of the Newsletter Service is conditional on the User possessing a computer or other multimedia device with Internet access and an active e-mail address.

4. To use the Newsletter service, a valid e-mail address must be provided and the user must click the “Send” (or equivalent) button, and then confirm the activation link sent to the provided e-mail address.

5. The User or Client may at any time revoke consent to receiving messages via the Newsletter service without giving any reason. Revocation of consent is effected by deselecting in the Client panel the consent to receive information about new products and promotions or by sending a request to remove his/her e-mail address from the Newsletter subscription to the Seller’s e-mail address or by written notice to the address indicated in § 3 of the Terms and Conditions or unsubscribing using the link contained in every message sent as part of the Newsletter service.

6. The Newsletter is sent only to persons who have subscribed by confirming the activation link sent to the provided e-mail address.

7. The Client, in the event of non-performance or improper performance of the Electronic Service by the Seller, has the right to lodge a complaint on the terms provided in these Terms and Conditions.

§ 8. Contact Form

1. The contract for the provision of the Contact Form Electronic Service is concluded for a definite period at the moment the Client proceeds to fill it in and is terminated when the Client withdraws from filling out the form or upon sending the filled form and receiving a reply from the Seller.

2. The Service enables Clients to contact the Seller via an interactive form.

3. Use of the Contact Form Service is possible after clicking the “contact” tab, providing a valid e-mail address, filling in the message and clicking the “Send” button.

§ 9. Rules for Placing Orders

1. The Electronic Service enabling Clients to place Orders via an interactive form, hereinafter called “Order Form”, is concluded for a definite period at the moment the Client adds the first Product to the electronic shopping cart in the Online Store and terminates upon withdrawal from filling in the Order Form or upon sending the completed Order Form to the Seller and placing the Order by clicking the “order and pay” button.

2. The process of filling in the Order Form is organized so that every Consumer has the possibility to review it before deciding to conclude the Agreement or to change the Agreement.

3. Orders via the Store may be placed 24 hours a day, 7 days a week.

4. To place an Order it is necessary to:
   a) select the Product subject of the Order, then click the “add to cart” (or equivalent) button,
   b) click the “order” (or equivalent) button,
   c) choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 10 point 3 of the Terms and Conditions.

4a. Each Order including the service of creating graphic works involves simultaneous transfer of proprietary copyrights to the Client.

5. Completing the Order Form with data and pressing the “order and pay” (or equivalent) button is tantamount to placing an order by the Client and has the legal effect of concluding the Sales Agreement pursuant to applicable provisions on concluding contracts at a distance or outside the business premises.

6. Placing an order is possible after providing the necessary personal data and after acceptance of the Terms and Conditions and confirmation of being acquainted with the instructions on the right of withdrawal and clicking the button referred to above.

7. Up to the moment of clicking the “order and pay” (or equivalent) button, the Client may modify the Order independently.

§ 10. Delivery Methods and Payment

1. The Client may use the following delivery or pickup methods for the ordered Product:
   a) courier shipment,
   b) cash on delivery courier shipment,
   c) Inpost parcel locker (paczkomat).

2. The Client may use the following payment methods:
   a) cash on delivery payment,
   b) bank transfer to the Seller’s account.

3. Detailed information on delivery methods and acceptable payment methods are available on the Store’s website.

§ 11. Execution of the Sales Agreement

1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client has placed an Order using the Order Form in the Online Store in accordance with § 9 of the Terms and Conditions.

2. Immediately after receiving the Order, the Seller sends the Client an electronic statement to the e-mail address provided during the ordering process confirming acceptance of the Order, which simultaneously constitutes its confirmation. At the moment the Client receives the e-mail message, the Sales Agreement between the Client and the Seller is concluded.

2a. In the case of digital products or graphic works, delivery may be carried out in electronic form (computer files) or physical form (prints), according to the Client’s choice.

3. The summary and confirmation e-mail of the Order contains all previously agreed terms of the Sales Agreement, in particular the quantity and type of the ordered Goods, the total price to be paid including delivery costs and the amount of any discounts applied (if applicable).

4. In the case of selection by the Client of:
   a) payment by bank transfer – the Client is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled,
   b) cash on delivery payment upon receipt of the shipment – the Client is obliged to make the payment upon receipt of the shipment.

5. The choice of carrier by the Client during the ordering process has a direct impact on the time of order fulfillment.

6. The order fulfilment time ranges from 3 to 7 working days, unless a different time is specified in the description of the given Goods or during placing the Order.

7. If the Client has chosen a delivery method other than personal pickup, the Goods shall be dispatched by the Seller within the time indicated in its description (subject to paragraph 7 of this §), in the manner chosen by the Client during placing the Order.

8. If Goods with different delivery times are ordered, the delivery time shall be the longest indicated time.

9. If Goods with different delivery times are ordered, the Client may request partial delivery of Goods or delivery of all Goods after the entire order has been completed.

10. The commencement of the delivery period of the Goods to the Client is counted as follows:
    a) in case the Client chooses payment by bank transfer – from the day of credit to the Seller’s bank account,
    b) in case the Client chooses payment by cash on delivery – from the day of conclusion of the Sales Agreement.

11. In case of exceptional circumstances or inability to fulfill the order within the time indicated to the Client, the Seller shall promptly contact the Client to determine further procedure, including setting another delivery date or changing the delivery method.

12. Goods handed over to the carrier are packed in an appropriate manner ensuring protection against damage during transport.

13. Delivery of Goods is carried out exclusively on the territory of Poland.

§ 12. Right of Withdrawal

1. Due to the nature of the service involving creation of graphic works and transfer of copyrights, the Consumer has no right to withdraw from the contract after full performance of the service or delivery of the Product.

2. In the case of non-collection of a cash on delivery shipment, the consumer is obliged to pay the full amount.

§ 13. Complaints and Warranty

1. The Sales Agreement covers new Products.

2. [Numbering in original jumps; relevant provisions follow.]

3. — (if any missing numbering, the content below corresponds to subsequent items)

4. The Seller is liable to the buyer if the sold item has a physical or legal defect. The basis and scope of the Seller’s liability towards the Client in situations where the sold Goods have a physical or legal defect are determined by generally applicable law, including the Civil Code (in particular Articles 556–576 of the Civil Code).

5. The Seller is liable to the Client under warranty (rękojmia) for physical defects (a physical defect consists in non-conformity of the sold item with the Agreement) and for legal defects.

6. A complaint may be submitted, for example, in writing or electronically to the address indicated in § 3 of the Terms and Conditions.

7. The Seller shall provide a response to the Client’s complaint promptly, no later than within 14 calendar days from the date of submission. Failure of the Seller to respond within the above period means that the Seller has recognized the complaint as justified.

8. It is recommended that the Client provide in the complaint the following information (which will be helpful to the Seller in the complaint handling process and may expedite the complaint resolution):
   a) circumstances concerning the subject of the complaint – the Goods and the occurrence of possible defects, e.g. type and date of occurrence of the defect,
   b) specification of the Client’s demand (the manner in which the Client wishes the Goods to be brought into conformity with the Sales Agreement or a declaration concerning reduction of the price or withdrawal from the Sales Agreement),
   c) contact details for the Seller to contact the person submitting the complaint/the Client.

9. The above recommendations are not mandatory and do not affect the effectiveness of the complaint handling. A sample complaint form is Annex No. 2 to the Store’s Terms and Conditions.

§ 14. Out-of-Court Methods of Complaint Handling and Redress

1. Detailed information regarding the possibility of consumers to use out-of-court methods of complaint handling and redress and the rules of access to these procedures are available at the offices and websites of county (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspection Offices and at the following web addresses of the Office of Competition and Consumer Protection (UOKiK):
   http://www.uokik.gov.pl/spory_konsumenckie.php, http://www.uokik.gov.pl/sprawy_indywidualne.php, http://www.uokik.gov.pl/wazne_adresy.php.

2. The Client is also entitled to use the EU online dispute resolution platform (ODR) available at: http://ec.europa.eu/consumers/odr/.

3. The Client who is a Consumer has the possibility to use out-of-court dispute resolution methods, including:
   a) applying to a permanent consumer arbitration court referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws No. 4, item 25, as amended), the rules of organization and operation of the permanent consumer arbitration courts are specified in the Regulation of the Minister of Justice of 25 September 2001 on determining the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws No. 113, item 1214, as amended),
   b) applying to the provincial inspector of the Trade Inspection for initiation of mediation proceedings to amicably resolve the dispute between the Client and the Seller,
   c) using assistance from the county (municipal) consumer advocate or social organizations, whose statutory tasks include consumer protection (e.g., the Consumers’ Federation),
   d) using electronic dispute resolution with the Seller via the EU platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.

§ 15. Personal Data in the Online Store

1. The administrator of personal data of Clients collected via the Online Store is the Seller. Personal data are processed for the purposes, to the extent and on the principles indicated in the Privacy Policy available on the Seller’s website.

2. Personal data of Clients collected by the administrator via the Online Store are collected for the purpose of performance of the Sales Agreement and, if the Client has given consent, also for marketing purposes.

3. Recipients of Clients’ personal data of the Online Store may be:
   a) in the case of a Client who uses delivery by postal or courier shipment – the Administrator provides collected Client personal data to the chosen carrier or intermediary carrying out shipments on the Administrator’s order,
   b) in the case of a Client who uses electronic or card payment methods in the Online Store – the Administrator provides collected Client personal data to the chosen entity servicing such payments in the Online Store.

4. The Seller declares that it adheres to all personal data protection rules provided by law.

5. Providing personal data is voluntary. Every person whose personal data are processed by the Seller has the right to access such data and the right to update, correct, request deletion of data, as well as to request transfer to another entity.

6. The Client declares that he/she agrees to the collection, storage and processing by the Seller of personal data for purposes directly related to the execution of the service or Goods ordered in the Online Store.

7. Provision of personal data is voluntary; however, failure to provide data required by the Terms and Conditions that are necessary to conclude the Sales Agreement results in the impossibility of concluding such Agreement.

§ 16. Final Provisions

1. Agreements are concluded in the Polish language by means of the Online Store.

2. The Seller reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client of any change with at least 14 days’ notice.

3. If Agreements concluded on the basis of the Terms and Conditions are other than of a continuous nature (this applies for example to Sales Agreements), changes to the Terms and Conditions shall not in any way harm rights acquired by Clients who are Consumers prior to the effective date of the changes to the Terms and Conditions (including: the changes to the Terms and Conditions will not affect Orders placed or concluded, performed or executed Sales Agreements).

4. In the event that a change to the Terms and Conditions would result in the introduction of new fees or an increase in current fees, a Client who is a Consumer may exercise the right to withdraw from the Agreement. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; the Act on personal data protection.

5. Annexes to the Terms and Conditions constitute an integral part thereof.

6. These Terms and Conditions enter into force on 17.04.2020.