General Terms and Conditions of Executing Orders by Labo Print S.A.
Article 1. Definitions
Contractor – Labo Print S.A. with its registered office in Poznań (60-471), Poland, ul. Szczawnicka 1, entered into the register of entrepreneurs kept by the District Court for Poznań – Nowe Miasto i Wilda in Poznań, Poland, 8th Commercial Division of the National Court Register, under KRS number 0000472089, NIP (Tax Identification No.): 7792385780, share capital: PLN 3,617,600.00 paid in full;
Customer – Entrepreneur who takes steps to conclude or has concluded the Agreement with the Contractor;
Order – declaration of will of the Customer constituting an invitation to conclude the Agreement, in accordance with the principles set forth in the Regulations;
Print File – a set of data transmitted by the Customer to the Contractor under the Order, determining the graphic design of the Goods (including printing), meeting all the technical conditions specified in these Regulations; detailed technical conditions to be met by the Print File are defined in the Specifications for preparing Print Files for printing constituting Appendix 1 to the Regulations;
File Specifications – Specifications for preparing Print Files for printing, constituting Appendix 1 to the Regulations;
Agreement – Agreement on the provision of Goods concluded between the Customer and the Contractor as a result of accepting the Order by the Contractor, within the scope and under the terms and conditions specified in these Regulations;
Goods – (i) printout or (ii) printout combined with other products or (ii) another product the component of which is not a printout, executed or sold in association with the accepted Order being the subject of the Agreement;
Summary – summary prepared by the Contractor of the parameters of the ordered Goods and other Order parameters (e.g. completion date, price and date of payment, date of dispatch of the Goods or of the personal collection of the Goods by the Customer, and individual packaging method – optional);
Regulations – these General Terms and Conditions of Executing Orders by Labo Print S.A., representing a standard agreement within the meaning of Article 384 of the Civil Code, in force for orders accepted from 1 July 2019.
Article 2. Miscellaneous
These Regulations define the conditions of concluding Agreements and terms of cooperation between the Customer and the Contractor in connection with the Agreement, including the principles of (i) accepting and executing the orders, (ii) shipping and accepting the Goods, (iii) executing the payment, and (iv) submitting and settling complaints.
The Contractor shall provide the Customer with the possibility of contacting the Contractor via e-mail (e-mail address): [email protected], or with a personal e-mail address of the Contractor’s employee dedicated to service the Customer, and with the telephone number: +48 61 889 84 11.
The Contractor shall endeavour to make it possible for the Customer to read the Regulations before the conclusion of the Agreement. In particular, the Regulations are permanently published on the websites of the Contractor at laboprint.eu in such a way that the Customer may save the content of the Regulations before concluding the Agreement in order to store and review it in the ordinary course of operations. If the Customer reports the inability to save, store or review the content of the Regulations, it will be made available by the Contractor by e-mail at each Customer’s request.
Article 3. Placing Orders
In order to place an Order, the Customer shall:
send an e-mail to the e-mail address made available for that purpose by the Contractor, containing the information referred to in Paragraph 3 below; and
provide the Contractor with Print Files in case of ordering the Goods including printing, uploading the Print Files to the FTP server or in a different way agreed between the Customer and the Contractor for a specific Order.
Placing the first Order is tantamount to the acceptance of the Regulations. In the case of placing another or subsequent Orders, it is assumed that the acceptance of the Regulations with the first Order is effective for another and subsequent Orders.
The e-mail referred to in Paragraph 1 of the Regulations shall include:
Customer’s identification or registration data including:
company’s registered office and its address,
NIP (Tax Identification No.),
identification or registration number;
Customer’s contact data, i.e. e-mail address and telephone number;
e-mail address (e-mail) for sending invoices in electronic form;
Order’s parameters, i.e. for example:
name of the material to be used for the preparation of the Goods or to be provided by the Customer (together with the date of its provision).
format of the Goods;
finish of the Goods;
number of pieces of the Goods;
method of packaging the Goods (optional);
in the case of ordering the Goods with printing – data unambiguously identifying the Print File that can be provided after agreeing other terms and conditions of the Order,
deadline of Order completion and shipment or personal collection of the Goods suggested by the Customer;
the delivery address, recipient’s contact phone number, and name of the carrier selected, in accordance with Article 6.2 of the Regulations, if the Customer chooses to have the Goods sent by the Contractor.
The Customer shall be liable if the information provided in the course of placing the Order or performing the Agreement is incomplete, outdated or inaccurate.
The Customer shall prepare the Print Files in accordance with the Specifications for preparing Print Files for printing constituting Appendix 1 hereto. Print Files delivered to the Contractor by the Customer should be checked by current anti-virus programmes, and they should be adequately protected. The Contractor shall perform the orders on the basis of the Print Files provided by the Customer; therefore, the Customer shall be liable for the completeness, accuracy and compliance of the Print Files. The Contractor shall not be obliged to verify the Print Files before starting the production. The Customer shall be responsible for a possible change of the originally agreed date of the Order implementation by the Contractor in the situation when the delivered Print File is deficient.
Subject to the provisions of the Regulations, if the Order proves to be incompatible with these Regulations or needs to be completed, the Contractor shall request the Customer by e-mail to change or supplement the Order.
The Customer can place an Order for Test Goods. The Contractor shall provide Test Goods at the expense of the Customer, in accordance with the Regulations. In the event of providing Test Goods, before placing the Order for the target Goods the Customer shall accept the Test Goods via e-mail or in a different way agreed for a specific Order.
The Contractor reserves the right to reject the Order for implementation, which shall be communicated to the Customer, in particular in the following cases:
lack of necessary data in the Order provided by the Customer;
unavailability of the Goods, including the materials necessary for their execution;
lack of contact with the Customer in order to supplement and verify the data provided in the Order submitted;
providing by the Customer Print Files that do not comply with Appendix 1 to the Regulations or are improperly saved or provided;
providing by the Customer the content, including Print Files, that is illegal or inconsistent with the rights of third parties or violating accepted principles of morality, at the discretion of the Contractor;
lack of manufacturing capacities for the execution of the Order within the time specified by the Customer.
The Customer can place Orders through a person authorized to do so on the Customer’s behalf. It is forbidden to place Orders without proper authorization from persons authorized to act on behalf of the entity – the Customer.
Article 4. Order Acceptance
Subject to Paragraph 3 below, upon the receipt of the Order, the Contractor shall provide the Customer with a Summary.
After the Summary has been confirmed by the Customer via e-mail, the Contractor undertakes to execute the Order. Every statement in which no opposition to the content of the Summary is expressed shall be considered to be the Customer’s confirmation. The confirmation from the Customer must be submitted until 5.00 p.m. CET on the working day on which the Customer received the Summary. In case of lack of the confirmation from the Customer within the prescribed period, the Contractor has the right to change the date of the Order execution, and the Customer shall confirm the change in the manner specified above for Summary confirmation.
If the Customer provides the Contractor with all the parameters of the Goods and Print File (if the Goods include printed elements), the Contractor may confirm the acceptance of the Order for implementation only by specifying via e-mail the Order completion date and price together with the method and price of transport, without sending the Summary.
The Agreement is concluded in the following cases:
as referred to in Paragraph 2, at the time of sending Order confirmation by the Customer or at the moment of sending the confirmation of another Order deadline by the Customer if the Contractor has exercised the right to change the Order implementation deadline;
as referred to in Paragraph 3, at the time of sending by e-mail the confirmation of Order acceptance by the Contractor and lack of comments to the Order provided by the Customer sent within the next two hours, but no later than on 5.00 p.m. CET on the day of sending Order acceptance confirmation by the Contractor.
Upon the conclusion of the Agreement, as specified in Paragraph 4, the Customer must not terminate the Agreement concluded with the Contractor. The Contractor may agree to the termination of the Agreement by the Customer after the Customer covers any costs incurred by the Contractor in connection with the conclusion of the Agreement or according to the degree of the Agreement implementation. To be effective, the consent must be made in writing.
Article 5. Order Execution
Order execution period starts from the date of accepting the Order by the Contractor, in accordance with Article 4.4 of the Regulations. Order execution period shall be calculated until the date on which the Goods are transferred for shipment or the Customer is notified of the Goods being ready for collection. Order execution period does not include the period of the Goods delivery to the Customer.
If the Order is executed using the materials supplied or selected by the Customer, the Contractor shall not be responsible for the suitability of the materials or for any possible defects and damage that may become apparent in the course of the production or after it.
When executing the Order using the materials supplied by the Customer, it is necessary to take into account the appropriate stock of the material. The size of the stock shall depend on the type of the Order, and the material to be used shall be indicated in each case by the Contractor. The Customer shall be responsible for the failure to deliver the material in the sufficient amount.
If the Customer provides the materials necessary for the execution of the Order, including correct Print Files, at a later date than the agreed date or the date of placing the Order, the Order completion date shall be postponed as indicated by the Contractor, taking into account the period of waiting for the materials and the sequence of production processes executed by the Contractor.
Any images of the materials for implementation of the Order provided in electronic form by the Contractor shall be merely exemplary and shall only be used to present specific models. Differences between the delivered Goods and transmitted images resulting from individual computer settings or settings of other devices used by the Customer (colour, proportions, etc.) cannot be the basis for the Goods complaint.
The Contractor shall not be liable for deviations from the colours desired by the Customer if the Customer did not provide a colour template, i.e. cromalin or other reliable printout (digital proof), when placing the Order.
When placing another Order based on the same Print Files it is required to provide the colour pattern once again. In the event of a failure to provide the colour pattern before printing of the Goods, the applicable provisions of the paragraph above hereof shall apply.
The Goods including large format printing, when ready for shipment, are normally folded, except for the Goods printed on film, which are normally rolled up or wound onto a core. If the Customer orders custom packaging method, it is necessary for the Customer to send a detailed description of the packaging in the Order, for which the Contractor shall be entitled to charge additional fees.
If the Contractor cannot execute the Order in whole or in part due to the fact that the Goods or materials for their preparation are not available, or the Goods have been damaged or lost, or due to other unforeseen circumstances, the Contractor shall immediately notify the Customer and reimburse the payment received, or perform a substitute service – at the Customer’s discretion and with the Customer’s consent.
Article 6. Order Collection and Shipment
After executing the Order, the Goods are (i) transferred for shipment using the carrier from the list of carriers the Contractor cooperates with, or (ii) available for collection at the address of the Contractor (this also applies to the collection of Goods by the carriers provided by the Customer), in accordance with the accepted Order. The Contractor shall notify the Customer about the transfer of the Goods for shipment or their availability for collection.
If the Goods are sent using the carrier from the list of entities that the Contractor cooperates with, the carrier is selected by the Customer. The Contractor is entitled to limit the list of carriers.
The risk of accidental loss or damage to the Goods passes to the Customer at the moment of handing over the Goods to the carrier. The Goods may be insured for the period of transport at the expense of the Customer provided that it is possible to insure the shipment of specific Goods.
If the Goods delivered to the Customer by the carrier are incomplete, damaged or in a damaged packaging, the Customer shall prepare with the carrier a written damage report at the moment of the Goods delivery to the Customer. The lack of the written report can be the grounds for the refusal to accept the complaint submitted by the Customer.
If the Customer provides an incorrect or incomplete delivery address which makes the Goods delivery impossible, the Contractor shall not be liable for non-delivery on time or no delivery at all. The Contractor shall notify the Customer about the unsuccessful attempt to deliver the Goods immediately after being informed by the carrier. In the case described in the first sentence, the Contractor shall send the Goods again only after the acceptance of the additional cost by the Customer.
The delay in the Goods shipment at the request or due to the Customer’s fault, or the delay in the collection of the Goods available at the registered office of the Contractor (including the case referred to in Article 7.6 of the Regulations) shall be understood as the Customer’s acceptance of leaving the Goods in the possession of the Contractor. Storing of the Goods shall last no longer than 14 days and shall take place at the risk of the Customer, and the Contractor may charge the Customer with the cost of storage which is 10% of the contract, regardless of the storage period.
The Goods available for collection by the Customer may be collected on weekdays between 9:00 a.m. and 5:00 p.m. at the registered office of the Contractor.
Article 7. Payments
Accepting the Order for execution may require making an advance payment or a payment of the entire price by the Customer.
The Customer shall pay the price (including advance payments) in accordance with the Agreement.
Any advance payments related to the Agreement shall be non-returnable.
The Contractor shall issue an invoice in accordance with the Agreement and send it in electronic form to the Customer.
The price shall not include the costs associated with shipment and transport of Goods. The cost of transport, as an additional service, is an additional item specified in the Order.
If the price is not paid by the Customer on the date specified in the invoice, the Contractor shall have the right to charge statutory interest for delay and other applicable fees in cases provided for late payment in commercial transactions.
Notwithstanding the foregoing, in case of delay in payment by the Customer, the Contractor may claim the payment by sending a request for payment. The cost of sending the request is PLN 50 net for a Customer in Poland or EUR 30 for a Customer located outside Poland, and the Contractor shall be entitled to order the Customer to pay this cost.
If the Customer delays the payment of the entire price or advance payment in accordance with the Agreement or the payment for the Orders previously executed by the Contractor, the Contractor shall be entitled to suspend the execution of the Order, refuse to release the Goods or withdraw from the Agreement within a period of the Contractor’s choice with the right to retain the amounts paid so far. Notwithstanding the foregoing, the Contractor reserves the ownership of the Goods until all the payments due to the Contractor are made.
The Customer agrees to have the invoices issued in electronic form by the Contractor.
Article 8. Complaints
Complaints can be submitted in electronic form to the e-mail address of the Contractor within seven (7) days from the date of the receipt of the Goods. In the period from 15 June to 15 September the deadline for submitting complaints shall be fourteen (14) days. In the case of execution of certain Orders, the period may be extended by the Contractor at the written request of the Customer. The Contractor reserves the right to refuse to investigate the complaint after the period referred to in this paragraph.
Complaints regarding Orders priced over PLN 1,000 (EUR 250) net shall be submitted by the Customer based on the form provided by the Contractor. Each complaint shall include: Customer’s name(s), e-mail address, identification of the Order and Goods that the complaint applies to, detailed specification of the Goods’ defect or other circumstances justifying the complaint, as well as specific Customer’s request associated with the complaint submitted.
The Customer submitting the complaint shall (i) return the Goods at the Customer’s expense to the address of the Contractor within seven (7) working days from the date of submitting the complaint, and (ii) provide the photographs of the Goods the complaint refers to. The Contractor may agree for the Customer to submit only the photographs of the Goods illustrating the complaint submitted if the Contractor considers that it is not necessary for the Customer to provide the Goods themselves to have the complaint investigated.
The Contractor shall examine the case within fourteen (14) days from the date of receipt of the Goods or photos of the Goods from the Contractor and submitting a complaint properly drawn up taking into account the provisions of the Regulations. The Contractor shall be entitled to extend the period of the complaint investigation, which should be communicated to the Customer via e-mail. As part of the information on the extension of the complaint investigation period, the Contractor shall specify the time by which the period has been extended. The expiration of the time limit for investigating the complaint shall not constitute the acceptance of the complaint.
The Contractor contacts the Customer on matters related to complaint and to inform about the complaint investigation results via e-mail sent to the address provided by the Customer in the complaint. If the complaint is accepted, the Contractor may return the payment made for the Goods or lower their price or deliver the Goods free from defects. If the complaint is rejected by the Contractor, the Contractor shall notify the Customer stating the reasons for the decision.
When the replacement of the Goods proves possible, the Contractor shall notify the Customer and provide all information concerning the further course of action. In the event justifying the reimbursement of all or part of the price, the payment for the Goods purchased by the Customer shall be returned within 14 days from taking the decision on the reimbursement, but not earlier than after returning the Goods by the Customer to the Contractor, unless the Contractor does not require their return.
The return of the payment shall take place in the manner in which the payment for the Goods was made (transfer of funds to the cash account from which the payment was made).
The following should not be subject to complaints:
slight variations from the colour pattern approved by the Customer, as specified in Article 5.6 of the Regulations, in accordance with Appendix 1;
slight differences resulting from the comparison of test copies (test prints) to the Goods;
size differences that do not affect the possibility to use the Goods;
slight differences resulting from the comparison to the content of the Order which do not affect the intended use of the Goods.
Article 9. Liability
The Contractor may be held liable in connection with the Agreement only to the amount of the price resulting from the Agreement and paid by the Customer.
The Customer shall not be entitled to claim damages above the amount of the price resulting from the Agreement, or to claim compensation for lost profits.
In case of delay in the execution of the Order due to wrongful act or omission of the Contractor, the Customer may claim compensation to the amount not greater than 10% of the Agreement.
If the Orders are executed based on the materials provided by the Customer, the Contractor shall not be responsible for the level of their suitability for printing and for the Goods.
The Customer agrees that neither the content of the Print Files nor the purpose of the Order execution violate generally applicable laws, rights of third parties or accepted principles of morality.
If the Customer provides the Contractor with the content, including Print Files, contrary to law, accepted principles of morality or rights of third parties, including copyright, or uses the Goods provided for the purposes which seek to violate or violate the law, accepted principles of morality or rights of people, the Contractor shall not be responsible for the content or for its use in connection with the execution of the Order. Whenever a claim against the Contractor in connection with such content is made, the Customer shall cover all costs associated with the claims of third parties made against the Contractor, including covering the payments due to such persons.
Article 10. Personal Data
Customers’ personal data is processed by the Contractor in accordance with the law, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR”) for the purpose of:
taking action at the request of the data subject prior to entering into the Agreement (pursuant to Article 6.1(b) of the GDPR);
executing the Agreement (pursuant to Article 6.1(b) of the GDPR);
fulfilling legal obligations imposed on the Contractor in relation to tax and accounting regulations (pursuant to Article 6.1(c) of the GDPR);
marketing of own products or services (pursuant to Article 6.1(f) of the GDPR);
pursuing or securing claims (pursuant to Article 6.1(f) of the GDPR);
Personal data of persons representing the Customers shall be processed by the Contractor in accordance with the GDPR in order to:
establish commercial relations – Agreement with the Customer represented by a specific person (pursuant to Article 6.1(b) of the GDPR);
pursue or secure claims (pursuant to Article 6.1(f) of the GDPR);
The processed data shall be stored for the duration of the Agreement, and after its expiration for the period necessary to provide after-sales service (e.g. complaint handling), securing or pursuing claims, fulfilling Contractor’s legal obligations.
Personal data processed for the purpose of marketing of own products or services on the basis of a legitimate legal interest shall be processed until objection is raised.
Data subject has the right to access the content of his or her data and the right to rectify, delete, limit data processing, transfer the data, object to data processing on the basis of the controller’s legitimate interest or to the processing for the purpose of direct marketing. Data subject has the right to lodge a complaint with the supervisory authority if s/he considers that the processing of his or her personal data violates the rules of the GDPR.
Providing personal data is voluntary, yet the consequence of failure to provide personal data shall be the inability to conclude the Agreement and its implementation.
The Contractor shall not process personal data in a manner that would involve making only automated decisions concerning a specific person.
Personal data may be transferred to data processors commissioned to process the data, i.e. in particular to an accounting entity, debt collection agencies, carriers.
Personal data shall not be transferred to a third country/international organization.
Article 11. Final Provisions
The Contractor is entitled to change the Regulations. In the case of changes to the Regulations, the Contractor shall inform its Customers about that fact on the laboprint.eu website. Changes to the Regulations shall come into force on the date specified in such changes, but not earlier than 10 days from the announcement of changes to the Regulations by the Contractor. To Customers whose Order has been accepted for execution before the entry of changes to the Regulations into force, the Regulations in their existing wording shall apply.
The Contractor shall provide the existing Customers with the amended Regulations by e-mail sent to the e-mail address provided with their last Order. If the Customer does not accept the amended Regulations, the Customer is obliged to inform the Contractor about that fact within seven working days from receiving the amended Regulations, or otherwise it is assumed that the Customer accepts the amended Regulations.
In matters not regulated by these Regulations, the provisions of Polish law, in particular the Civil Code, shall apply.
If certain provisions of the Regulations are declared invalid by a court or other authorized body, the remaining provisions shall remain valid.
The law applicable to agreements between the Contractor and the Customer shall be the Polish law. Any disputes arising from the Agreement, including the Regulations, shall be settled by a court competent for the registered office of the Contractor.
The Regulations include the following appendices which form an integral part thereof: