This Website and the functionalities provided through it are provided by the Seller (hereinafter also referred to as "Packhelp", "we", "us", "our") who owns and administers the Website. When using the following websites:
If you have any questions, comments or concerns regarding the contract or any other part of the Website, or regarding any of our presented products and services, or in case of technical problems while using this website, please contact us via following link: https://packhelp.com/contact/.
Remember that you are prohibited from providing unlawful content or using the Website in a way that disrupts or prevents its functioning.
Price – refers to the price of the Goods, valid at the date and time of the Order, inclusive of all promotional offers and rebates, the price may include delivery costs.Business days – weekdays from Monday to Friday (with the exclusion of public holidays in accordance with the laws of the Republic of Poland).Written form - also includes e-mail messages clearly specifying the name of the sender and recipient, unless the Terms of Services state otherwise.Consumer - a natural person making a legal transaction with the trader not directly related to its business or professional activity, i.e. within the meaning of art. 221 of the Act of 23 April 1964 - Civil Code.Production tools - matrices, printing dies, graphic materials, and other tools necessary to produce the Goods being the subject of the Order.Customer Assistance - a person acting on behalf of the Seller in the course of the Order, however, after placing the Order for the first time, the User will be informed about the person of the Customer Assistance and the contact details to the Customer Assistance by Packhelp, and if the User places another Order, for the Customer Assistance a person acting on behalf of the Seller, submitting an offer or cooperation proposal to the User is considered.
Custom Clearance Fee – fee charged by the logistic companies for taking care of custom clearance.
Custom Duties – indirect tax levied on goods, calculated by respective authorities after custom clearance is made, paid solely by the Customer in accordance with the applicable laws.
Account - a service provided electronically; access to the User’s personalized administration panel accessible after successful registration and logging on to the Website by the User - after providing a pre-set login and password through which the User can place an Order, and in which the User's information and documentation related to his Orders are stored.
Entity – refers to any natural or legal person, as well as an unincorporated organisational unit, to which the law grants legal capacity.
Terms of Services – refers to these Terms of Services.
Force majeure - means any external event, impossible to predict by the Parties, the consequences of which could not have been prevented, particularly a natural disaster, terrorism, hostilities, violent riots, strikes, acts of public authority requiring subordination or introducing any restrictions, other common disturbances affecting many enterprises, including production disruptions not attributable to the Seller, or interruptions in the supply of electricity or other utilities.
Seller – refers to Packhelp spółka akcyjna registered in the Republic of Poland, whose registered office is located in Warsaw at ul. Kolejowa 5/7, 01-217 Warsaw, Republic of Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, XIV Commercial Department of the National Court Register under the KRS number 0000831872, with the tax identification number (NIP) 123-130-81-29.
Goods – refers to the goods sold by the Seller in accordance with these Terms of Services; specific information on the Goods are available under designated tabs on the Website.
Contract of sale – refers to the Contract for the sale of the Goods concluded by way of an Order placed by the User and a confirmation of this Order by Packhelp; The contract of sale is concluded in accordance with the provisions of these Terms of Services between the Seller and the User, via the Website sales system, by e-mail or in writing.
Template – means advanced graphic design consisting in shapes, fonts and/or other graphic elements, which may be used by the User and placed on the Goods in packaging editor within a particular Order;
Premium Template – means a Template, which final design as well as final price shall be individually agreed upon by the User and Packhelp via e-mail.
User – refers to an entity with full legal capacity using the Website, in particular whose name appears on the Order.
Order – refers to a declaration of will of the User leading directly to the conclusion of the Contract of sale - containing its essential terms; Orders may be placed electronically via the Website sales system, by e-mail, or in writing 24 hours a day, 7 days a week throughout the year, with the reservation that their processing takes place on Business Days from 9.00 to 18.00; The User may place Orders only for the Goods and/or Services marked as available on the Website;
Packaging Toolbox – means the Services made available by the Seller to the Users who are not Consumers, in accordance with these Terms of Services, on the Website for creation of the packaging layouts, consisting in two modules: (i) dielines, and (ii) diecut layouts; specific information on the Packaging Toolbox and its scope are available under designated tabs on the Website.
Print Expert Check - refers to the Services made available by the Seller, in accordance with these Terms of Services, to the Users who used the creator (graphic design) available on the Website for creation of the Goods covered by a particular Order, consisting in particular in: (i) checking of the images, fonts and design of the ordered Goods by the experienced Seller’s Print Specialist, and (ii) improving of the Goods’ project if necessary; specific information on the Print Expert Check and its scopre are available under designated tabs on the Website.
Services - refers to the services made available by the Seller in accordance with these Terms of Services; specific information on the Services are available under designated tabs on the Website.
Services Contract – refers to the contract for the performance of Services concluded by way of an Order placed by the User and a confirmation of this Order by Packhelp; The contract is concluded in accordance with the provisions of these Terms of Services between the Seller and the User, via the Website sales system, by e-mail or in writing.
- Technical requirements
In order to use the Website, the User must meet the following technical requirements:
- have a device with Internet access and the ability to display the Website interface,
- have an updated browser in the latest version provided by the following producers: Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari,
- software blocking the operation of the above programs must be disabled,
- have an active e-mail account.
- General Provisions
- The Seller shall make these Terms of Services available to the User free of charge before the conclusion of the Contract of Sale or Services Contract, and, at his request, in a manner that allows accessing, reproducing and storing the content of the Terms of Services using the IT system used by the User.
- These Terms of Services apply only to the services provided and the Goods sold by the Seller, for which he bears full responsibility. The Seller states that the use of the Website by Users is a service provided electronically, within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, as amended) [hereinafter: a.p.s.e.m.], which takes place on the basis of these Terms of Services, constituting Terms of Services within the meaning of the a.p.s.e.m.
- Any deviations from these Terms of Services will bind You and the Seller only if they are agreed to in writing between the authorised representatives of the Seller and the User.
- Employees of the Seller are not entitled to submit any statements regarding the Goods, unless the Seller confirms this in writing.
- In the case of Users who are not Consumers, by concluding any Contract of Sale and by accepting delivery of Goods, the User agrees to not refer to any guarantees regarding the Goods which have not been confirmed in the above manner, i.e. in writing or do not result directly from these Terms of Services.
- The Seller does not publish commercial information or offers submitted in electronic form on the Website, in accordance with the Polish Civil Code. In particular, provisions regarding submitting offers in electronic form do not apply.
- It is prohibited to use the Website in a manner inconsistent with the provisions of these Terms of Services, applicable laws, rules of good practice and social conduct. The User is prohibited from providing unlawful content.
- Account and other services provided electronically
- Packhelp provides free services by electronic means to Users in the form of Website features, i.e. an interactive Goods creator, interactive forms, including Account registration, contact form, Newsletter and Account.
- Contracts for the provision of electronic services may be terminated by the User at any time without providing a reason, in a manner stated here or in the further provisions of the Terms of Services. Contracts for providing services by electronic means, consisting of using forms, are concluded for a definite period and are terminated upon sending the form to the Seller, or ceasing to use them. The User may also opt out of interactive form services by refraining from using these services.
- In order to create an Account and become a registered User, a registration process must first be carried out. As soon as You confirm the registration through the activation link sent to your e-mail address, a contract for the provision of electronic services for operating the Account is concluded for an indefinite period between You and the Seller.
- When registering an Account, you confirm that you are a natural person at least 18 years of age, who can enter into legally binding contracts in accordance with the law, including that you have the authority to represent a legal person or an unincorporated organisational unit, to which the law grants legal capacity. The User further ensures that the information provided by him for the Account is true. Falsifying or omitting contact information, such as your name, address and/or telephone number, is not permitted when registering on the Website. Also, Users may not provide non-working telephone numbers. When using the Website, Users must comply with all applicable international, federal, state and local laws.
- During the registration process, You enter the password through which you then access the Account. You must protect your password and may not share your password with third parties. The Account is not transferable. You are required to ensure that your personal details entered in the Account, which are necessary to execute the Order, are up to date.
- The User may terminate the Account contract at any time with immediate effect by sending such a declaration of withdrawal to the Seller. The termination is effective upon its receipt by the Seller. The termination of the services for operating the Account agreement does not affect the concluded Contract of Sale.
- Packhelp may terminate the Account contract at any time with immediate effect, in the event of a gross or culpable violation by the Account owner of the provisions of these Terms of Services, or any other legitimate reason that makes it impossible to continue the contract for the provision of electronic services.
- If You are a registered User with the Account and decide to use Packaging Toolbox You may access an archive of files generated via Packaging Toolbox.
- Orders and conclusion of the Contract of Sale
- All Goods are offered for sale depending on availability and depending on the acceptance of the Order by the Seller.
- Orders may only be placed by persons who have an Account on the Website.
- Orders may be placed using the form available on the Website. After submitting the Order, an e-mail will be sent to the User confirming of receipt of the Order to the address indicated on the form. This confirmation does not conclude the Contract of Sale.
- By placing an Order, the User submits to the Seller an offer to conclude a Contract of Sale for the Goods and on the terms specified by him in the Order.
- After Packhelp sends an e-mail confirming receipt of the Order, the User interested in the Order is obliged to make the payment for the placed Order on the terms specified in these Terms of Services.
- After Packhelp has booked the payments referred to in point 5 par. 5. of the Terms of Services, Packhelp will send to the User's e-mail address provided by the User in the Order a notification about the acceptance of the Order for execution, which constitutes a declaration of acceptance of the offer. The notification of acceptance of the Order will indicate the sequence of activities to be performed in connection with the production process of the Goods, including the expected date of execution of the Order. Packhelp reserves that the indicated Order completion date may be extended in a situation where the deadline for confirming the graphic design by the User, which is the basis for the Order, exceeds 72 hours from the moment Packhelp sends the User the grid for the overlay of the graphic design. In addition, if the confirmation of the graphic design by the User, which is the basis for the implementation of the Order, exceeds 2 weeks from the moment Packhlep sends the user a screen for the imposition of the graphic design, Packhelp reserves the right to recalculate the Price, but the lack of payment of the Price in the new amount. by the User within 7 days from the date of sending the information about the Price recalculation, it is tantamount to the cancellation of the Order by the User and withdrawal from the Sales Agreement.
- The Contract of Sale is concluded once the Seller accepts this offer.
- Subject to point 5 par. 5 below, the Seller is entitled to refuse to accept the Order. The Seller is obliged to state the reason for the refusal.
- In the case of Users who are not Consumers, the Seller reserves the right to reject the Order without giving a reason. The Seller is constantly improving the products and reserves the right to change the specifications of any Goods without prior notice, except for Orders already placed. The delivered Goods may therefore differ due to multi-standard color systems, particularly the international RGB screen color system and the color printing system used by Packhelp.
- The Seller will make every effort to depict and describe the colours printed on the Goods presented on his website as accurately as possible, however, he cannot guarantee that the colours of the delivered Goods will accurately reflect those displayed on the User's monitor. Moreover the Seller will make every effort to depict design and graphics on the Goods as accurately as possible, however due to printing techniques used during the process, the Seller cannot guarantee that slight (not more than 5 mm) technical shift in print will not occur – such shift shall not give rise to compliant. The Seller is not responsible for: (i) the graphic made on the Product by the User in the creator (graphic design) available on the Website; (ii)effect of the Print Expert Check, in particular if it does not correspond to the virtual project made by the User in the creator; as well as (iii) errors in the Goods, in particular misspellings and/or errors in design, if the User accepted changes made in the Goods during Print Expert Check.
- If the User’s Order includes Services consisting in Print Expert Check, such Print Expert Check shall cover all Goods included in such Order.
- Print Expert Check will be performed before the Goods are sent to production.
- The Print Expert Check cannot be performed more than once on the same Goods. In case of reordering of the same Goods, the Print Expert Check will not be available.
- The User will be informed on completion of the Print Expert Check in an appropriate e-mail message, indicating detailed description of the performed Print Expert Check. The User shall either accept or reject the modifications introduced to the Goods during Print Expert Check on the day the User received e-mail message on completion of the Print Expert Check. Date of production completion as well as date of Goods delivery may be appropriately changed, if the User does not accept nor reject the modifications on the day the User received e-mail message on completion of the Print Expert Check and such change of the date shall not give rise to compliant not the Seller liability.
- If the Print Expert Check was included in the Order, Clause 5.7 – 5.8 still applies accordingly.
- While placing the Order, before clicking on the "Order and pay" button, the User can detect and correct errors and modify the Order through the Website sales system.
- After clicking on the "Order and pay” button, the User may only make changes to the invoice data on the Order, prior to the Goods being dispatched, by contacting the Seller directly and immediately (by phone or e-mail). If any other changes to the Order are submitted after the Order was made the User is obliged to pay to the Packhelp any costs that Packhelp has incurred in connection with the implementation of the Order until the changes are reported by the User. Packhelp is entitled to make the commencement of production conditional, in accordance with the new guidelines indicated by the User, on the User's reimbursement of costs incurred in connection with the execution of the Order. Making any changes to the Order after the Order was made may result in respective delays of Order processing what the User will be informed about by the Seller.
- The Seller will strive to execute the Order and produce the Goods on the date specified for each type of Goods. However, the execution time depends on the type of Goods and the decision of the Seller will depend on combining the same type of goods in separate shipments. Each package of Goods will be shipped separately via a courier, unless otherwise indicated in the Order confirmation, as soon as production is finished. All delivery dates specified are approximate. In the case of Users who are not Consumers, the delivery time is not an essential provision of the Contract, and the Seller is not responsible for delay in delivery of the Goods, regardless of the reason, including any losses or expenses incurred by the User.
- The Order shall be executed only after the User has paid the Seller the full price for the Goods indicated in the Order, in accordance with the provisions of pt. 6 below unless the User who is not a Consumer uses Split Payment.
- The User is entitled to terminate the Contract of sale with immediate effect. The declaration of termination of the Contract of sale should be submitted to the Seller via e-mail to the address indicated in the Terms of Services. Receipt of the declaration of termination of the Contract of sale will be confirmed by the Seller via e-mail. In the event of termination of the Contract of sale by the User, the User is obliged to pay to the Seller all costs incurred by Packhelp in connection with the implementation of the Order until the date of sending the User the confirmation of receipt of the notice of termination. In the event of termination of the Contract of sale, the Seller will provide the User with the Goods being the subject of the Order, manufactured by the date of sending the User confirmation of receipt of the notice of termination, as of the date of confirmation of receipt of the notice of termination, and the delivery of such Goods will take place on the terms set out in these Terms of Services.
- The Seller is obliged to store the Production Tools for a period of 1 year from the date of placing the Order. After the indicated deadline, the Seller is entitled to remove or dispose of the Production Tools.
- Price and Payments
- At the time of concluding the Contract of Sale in accordance with the provisions of pt. 6 of these Terms of Services, the User is required to pay the Seller the amount of the Order. The amount stated in the Order constitutes the total amount that the User will be required to pay for Contract of Sales, along with the due tax and delivery costs, unless otherwise indicated by the information provided by Packhelp. Packhelp, in justified cases, may separately add delivery costs, informing the User about this fact in advance.
- Subject to pt. 6.3 and 6.4 below, in the case of Users who are not Consumers, the Prices are clearly marked as including or not including VAT. The VAT tax will be added to the final value of the Order, according to the national rate, however the VAT invoice may be issued by the Seller only after verifying the active status of the VAT number issued by the EU Member State in the VIES system to a foreign User who is not a Consumer. The User who is not a Consumer is responsible for all taxes and/or fees applicable in the territory to which the Goods are sent. In the case of Consumers, the stated Prices are gross prices (they include all taxes, including VAT). Users submitting Orders as legal entities shall indicate NIP (tax identification number) of such legal entity.
- Users, whose seat or residence is outside the territory of the European Union, submitting Orders are responsible for all taxes, including VAT and/or fees applicable in the territory to which the Goods are sent.
- In the case of Users who submit Orders below threshold of 135 pounds the VAT tax will be added to the final value of the Order, according to the United Kingdom national rate. In the case of Users who submit Orders exceeding threshold of 135 pounds the VAT tax shall not be charged and shall not be added to the final value of the Order.
- The total Order Price is calculated according to the choices made by the User in the Order form, in accordance with the rates stated therein. The binding price is shown to the User in the summary of the Order at the time of sending it to the Seller.
- The User may choose one of the following forms of payment: (a) by bank transfer to the Seller's bank account number: PL87 1050 1025 1000 0090 8021 2658 (b) via electronic payment through the Dotpay.pl external payment system, operated by Dotpay SA, based in Kraków (30-552), at ul. Wielicka 72, (c) via bank transfer through an external PayPal payment system, operated by PayPal (Europe) S.a.r. & Cie, S.C.A. based in Luxembourg, (d) via electric payment through the PayLane external payment system, operated by PayLane sp. z o.o., based in Gdańsk.
- The User is required to send the payment for the Order promptly, no later than within 7 (seven) days from the date of concluding the Contract of Sale.
- The User undertakes that all data provided to the Seller for the purpose of the Order and its delivery is correct and that he has sufficient financial resources to cover the full cost of the ordered Goods.
- Invoices used as proof of purchase will be sent to the User by e-mail to the e-mail address provided in the Order in the form of a pdf file.
- Split Payment
- The Seller reserves the right to grant selected Users who are not Consumers, in relation to all or some of their Orders, the option to use split payment ("Split Payment"), on the Terms of Services as provided for in Section 7 of these Terms of Services of Use.
- The Seller will inform the User about granting the possibility to use Split Payment and about proposed terms of Spilt Payment, providing the payment schedule ("Schedule"), made available to this User who is not a Consumer. The use of the Split Payment is also possible after individual arrangements between Packhelp and the User, with the provison that Packhelp is not related to the User's application to use the Split Payment.
- A User, who makes use of Split Payment is required to make payments in the amounts and on the dates specified in the Schedule, by using one of the payment options specified in the Terms of Services.
- The Contract of sale with the User using the Split Payment is concluded with the sending by Packhelp of the notification of acceptance of the offer. Goods are delivered to Users who use Split Payment only after the first payment according to the Schedule is made by the User.
- In the event of a late payment of the amounts due under the Schedule by a User using Split Payment, the Seller will have the right to demand from the using Split Payment, interest for late payment in commercial transactions in the maximum amount permitted by law.
- Any delay in payment of the amounts due under the Schedule by a User who is not a Consumer, using Split Payment, may result in the termination of the User's option to use Split Payment in the future.
- To the extent not covered by Section 7 of the Terms of Services of Use, the provisions in the Terms of Services of Use are applied directly to Orders placed under Split Payment arrangements.
- Orders are delivered worldwide. Customer is obliged to pay Custom Duties solely. The Seller covers Custom Clearance Fee.
- Deliveries are made via courier companies indicated in the Order.
- The user will be informed each time about the expected date of execution and delivery of the order.
- The Seller Is obliged to inform the User about the possible delay in the delivery of the Goods. The delay in deliver the Goods for reason beyond the Seller’s control is not incorrect performance of the Contract of Sale and cannot be the basis for claims against the Seller.
- The Goods being the subject of the Order will be prepared for delivery and packed in accordance with Packhelp's technical requirements and conditions, in accordance with the implemented Packhelp quality procedure, unless otherwise resulting from individual arrangements made between the Seller and the User, and indicated in the Offer or made electronically, no later than 3 (three) Business Days. Working days before the planned date of completion of the production of the Packaging.
- The User is required to inspect the Goods on delivery, in particular its amount, and if the Goods were delivered by a courier, the User should sign the Goods delivery receipt. When receiving the package the User should verify, in the presence of the courier, whether the packaging has not been damaged during transport and whether the contents of the package are consistent with the Order, including if the Goods amount is correct. In the event that the contents of the package are inconsistent with the Order, receipt or VAT invoice, or if the Goods have been damaged, the User should file a report in accordance with the procedures of the courier company, in particular, the User is obliged to indicate on the consignment note any annotations regarding the identified quantitative or qualitative defects of the Goods, and their notification should be confirmed by the signature of the person performing the delivery. Filing a report is not mandatory for the complaint reviewing process, it is only aimed at streamlining the process.
- In the case of Users who are not Consumers, the signature on the protocol and/or other delivery documents will constitute conclusive evidence against the User in relation to the quantity of the Goods indicated in the documents, free of any visible defects, damages or other physical flaws. User who is not Consumer shall have no rights deriving from the warranty, if the User did not inspect the Goods on delivery and did not immediately, nut not later than on the same day on which the delivery took place, notify the Seller on defects, inconsistency with the Order, incorrect amount of Goods. If the Goods are susceptible to damage or defects during delivery, a description of the damage or defect found must be made in writing at the time of delivery and signed by or on behalf of the User.
- The User who is not a Consumer may not refuse acceptance of the Goods or any part thereof solely for the reason of partial delivery.
- The Seller reserves the right to deliver the Goods in separate shipments. If the Goods are to be delivered in separate shipments.
- If the User who is not a Consumer fails to collect the Goods for an unjustified reason, the Seller shall not be obliged to refund the amount paid by the User.
- With regard to the Users who are not Consumers - if the Goods are not collected, after 2 (two) unsuccessful attempts of delivery, you will be requested via e-mail to collect the Goods in therein indicated time and place – you may demand repeated delivery of the Goods at any time to the address by you. In lack of collection of the Goods in indicated time and place and/or in lack of any response to our request within indicated therein deadline, Goods ordered by you shall be stored in our warehouse at a fee, which amounts to: (a) 10 (ten) euro for each started month of storage of 1 (one) package; and/or (b) 50 (fifty) euro for each started month of storage of 1 (one) palette. You will be informed if the chargeable Goods storage begins in an e-mail, which shall also include repeated request for Goods collection. In addition to the storage fee Packhelp may charge you with the costs, which Packhelp has to incur due to repeated delivery attempts.
- If the User does not collect Goods and demands Goods to be delivered once more, than User shall bear the costs of such repeated delivery.
- The User is obliged to inform Packhelp about circumstances that may affect the costs for the delivery of the Packaging, in particular about non-standard delivery times or the need to bring the Packaging. The User, who is not a Consumer is obliged to reimburse Packhelp for additional delivery costs resulting from non-standard delivery parameters. Packhelp will inform the User who is not a Consumer about the additional delivery costs within 14 days from the date of delivery. The User is obliged to refund the amount due within 7 days from receipt of accounting documents from Packhelp.
- Each Party is obliged to immediately, not later than within 3 (three) days from the date of Force Majeure, notify the other Party about the occurrence of Force Majeure against it. In the event of a Force Majeure event as soon as possible, the Parties will consult in good faith and make all reasonable efforts to agree on appropriate conditions for an action to mitigate the effects of Force Majeure and facilitate further implementation of the provisions of this Agreement. The Seller shall not be liable if he did not perform his duties or performed them improperly due to Force Majeure.
- In connection with the execution of the Order, the User who is not a Consumer declares that he acknowledges that the Goods being the subject of the Order may be delivered to the User in quantity greater or less than that specified in the Order, while the number of Goods delivered may not differ by more than 5 % of the volume provided for in the Order. If the User who is not a Consumer is delivered more than the number of Goods specified in the Order, the User who is not a Consumer is obliged to pay the amounts due for the sale and delivery of the Packaging. In the event that the User who is not a Consumer is delivered less than the number of Goods specified in the Order, Packhelp is obliged to refund the amount due for undelivered Goods. Delivery of the Goods under the conditions set out in this point. 15 does not constitute an incorrect performance of the Sales Agreement by Packhelp.
- Risk and ownership transfer
- If the purchased item is to be shipped to a User who is a Consumer, the risk of accidental loss or damage to the Goods is transferred on to the buyer upon its delivery to the User. In other cases, the risk of accidental loss or damage to the Goods is transferred to the User upon the release of the Goods to the carrier.
- Returns of goods or refunds and the right to withdraw
- The User does not have the right to withdraw from the Contract of Sale concluded remotely referred to in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287), as in accordance with art. 38 item 3) of the above Act, it concerns non-prefabricated Goods made according to the User's specification and/or clearly personalized needs.
- The User does not have the right to withdraw from the Services Contract a concluded remotely referred to in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287), as in accordance with art. 38 item 1) as well as item 3) of the above Act.
- The User, who is not a Consumer, does not have the right to withdraw from the Contract of Sale nor the right to return the Goods, which were prefabricated, made according to the User's specification and/or clearly personalized needs.
- The Seller shall provide the Users with Goods without defects. The Seller is liable to the Users if the Goods have any physical or legal (warranty) defects on the terms indicated in the Terms of Services.
- The User is entitled to submit complaints regarding physical defects of things that could not be detected while fulfilling the obligations referred to in point 9. Par. 6. of the Terms of Services, no later than within 14 days from the date of delivery of the Goods to the User.
- Users' complaints should contain at least the following information: description of the reason for the complaint, number of defective Goods, photos or recordings of defective Goods in a format readable by the Seller.
- Complaints arising or likely to arise from damage caused during the transport of the Goods to the place indicated by the User should be reported on the day of receipt of the Goods, in accordance with the procedure set out in this point. 12.
- The Seller reserves the right to request the User to provide additional explanations necessary to consider the complaint, and if necessary, may request the return of the delivered Goods to investigate the complaint. If it is required to examine the Goods, the User is obliged to release the Goods covered by the complaint on the terms agreed individually by the Parties. If the need to return the Goods being the subject of the complaint, the User is obliged to properly protect the Goods before their release to the carrier. A User who is not a Consumer bears the risk of improperly securing the Goods against damage and the risk of losing them until they are released to the Seller. The costs of returning the delivered Goods shall be borne by Packhelp, unless the User has not complied with the terms of the complaint, in particular, has not submitted a complaint within the time limit specified in these Terms of Services.
- If the Goods are defected, the User may submit a statement requesting price reduction or withdrawal from the Contract of Sale, or request replacement of the defective Goods with ones free from defects, or request repair of the damage.
- The Seller shall make efforts to consider the User's complaint within no more than 5 Business Days from the date of receipt of the last information necessary to recognize it.
- The warranty is valid for Consumers only. The User who is not a Consumer and the Seller hereby indemnify each other against liabilities for warranties against defects, subject to the defects found upon delivery of the shipment, referred to in point. 9 par. 6 and 7 of the Terms of Services and hidden defects revealed within 7 days from the day of deliver the Goods referred to in point 12 par.3 of the Terms of Services.
- Complaints with regards to warranty should be submitted to the following address: Packhelp S.A., ul. Kolejowa 5/7, 01-217 Warsaw, e-mail:sales @packhelp.com.
- The complaint procedure concerns services provided electronically by the Seller. Complaints regarding services provided electronically may also be submitted via following link: https://packhelp.com/contact/.
- The Seller does not provide guarantee of the Goods, and therefore only the may give rise to complaints.
- Limitation of the Seller's liability to Users who are not Consumers
- The Seller shall not be liable for incomplete delivery or faulty Goods if such claim is not submitted to the Seller in writing in accordance with the provisions of the Terms of Services. The claim must include the Order confirmation number, delivery number and claim details. In the event of a justified claim, the Seller may, at his own discretion, replace the Goods (or a part thereof) or refund the Price of the Goods to the User (or the relevant part of the Price) or propose another solution acceptable to the User. The Seller shall not have any further obligations to the User, and the User waives such claims with respect to the matters described in this section.
- The Seller shall not be liable for losses, damages, costs or expenses (including loss of profits) resulting directly or indirectly from non-performance or delay in performing any obligations under the Contract due to any event or circumstances beyond the Seller's control, including caused by Force Majeure.
- Liability of the Seller, including his agents, employees, subcontractors and suppliers in relation to any claims arising from the Seller's performance or non-performance with regards to using the information provided in the Contract or interpretation of the following services, based on warranty, contract, negligence, liability to risk or of any other kind, may not in total exceed the Net Contract Price (excluding taxes and freight) for such products or services. Under no circumstances shall liability cover compensation for lost profits (lucrum cessans), including loss of profits or revenues; increased costs of purchasing or delivering materials, supplies or services; the cost of replacement capital; charges for storage or use; or accidental or secondary damage of any kind.
- is limitation of liability shall prevail over any contrary or incompatible provisions contained in any documents constituting this Contract. It is up to the User to take all necessary precautions to ensure that the computer equipment and/or selected software are free of such elements as viruses, computer worms, Trojan horses and other destructive programs.
- Under no circumstances shall the Seller be liable to the User or any other person associated with the User for any direct, indirect or other damages resulting from the use of the Packhelp Website or other related websites. Exclusion of the liability referred to in the preceding sentence shall include any losses due to a break in business operations, loss of programs or other data associated with servicing the User's IT system or occurring in any other way, even if the User and the associated person had been clearly informed about the possibility of such damages.
- Under no circumstances shall any third party being a marketing partner or affiliate of Packhelp (e.g. Facebook) be liable to any User in connection with the services provided on behalf of Packhelp.
- The above liability limitations do not apply to Contracts concluded between the Seller and Users who are Consumers.
- Intellectual Property
- This Website is owned and managed by the Seller. Unless otherwise stated on the Site, Packhelp holds the copyright to all content contained therein. The content includes: text, graphics, logos, audio clips, trademarks, software server information and other information on the site. All rights to the content, services and information about the server are reserved. Any changes made to the content on the site by a third party constitute a breach of Packhelp's copyright. In addition, the Packhelp Website may contain further information about intellectual property rights and copyrights, the terms of which must be observed.
- No information contained on the Website shall be interpreted as granting, whether by implication, estoppel or otherwise any license or right to use the website or any information displayed on it, except: (a) in a manner expressly permitted by these Terms of Services; or (b) after obtaining prior written consent of Packhelp or the prior written consent of a third party who owns the trademark or copyright to the information displayed on the website.
- The User shall understand that the express condition of having an Account is to use it in a way that does not violate the intellectual property rights of others in any way. The Seller reserves the right, with or without prior notice, to immediately delete the account of any User who infringes on the copyright or other intellectual property rights of any third party and remove all infringing materials from the Website.
- The User hereby consents to the use of the image of the Goods purchased on the Website, including trademarks and other elements identifying the User, in social media and other promotional and publication materials of the Seller. At the same time, the User waives all claims (existing and future), including for payment from the Seller for using images of Goods for the needs specified in this pt. 14 par. 4.
- Packhelp respects the intellectual property of other Entities. If you are a third party and believe that your copyright has been infringed, please contact us with the following information:
- an electronic or physical signature of a person authorised to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you believe has been infringed; a description of the location of the material in question on the Packhelp website;
- address, telephone number and e-mail address;
- a statement that the breach allegation is based on good faith;
- a statement that the information that has been provided is accurate and that you own the copyright or are authorised to act on behalf of the copyright owner.
- The User allows the Seller to record images through photography (traditional or digital) of the Goods, or their graphic design, including the layout and logo to which the User has the rights, and the User at the time of placing the Order grants to the Seller a free, non-exclusive, time and territorially unlimited license for the use of the logo located on the Goods, as well as the graphic materials placed by the User on the Goods (including making adaptations or alterations) in the Seller's marketing materials, including reproduction and publication on the Seller's website, in social media or in printed materials.
- Please be aware that if You use Packaging Toolbox all generated files, including layouts shall not be subject of any transfer and/or encumbrance made by You to the benefit of any third parties.
- All notices provided or submitted under the Contract of Sale shall require a Written Form (other than those displayed on a computer screen or other similar device, which for the purposes of this condition shall not be considered as written).
- Notifications submitted to the Seller should be directed to the address [email protected] or Customer Assistance and notifications submitted to the User should be directed to the address provided in the Order. Such directed notifications, in the case of Users who are not Consumers, will be considered delivered or executed as follows:
- in the case of sending in person - upon delivery to the address of the specific person; or
- if sent by priority post - after two full Business Days from the date of posting.
- The Seller and the User shall inform each other about any changes to their name or address for the purposes set out in this point, and the notification shall be effective in the case of Users who are not Consumers:
- on the day on which the change is to take place; or
- if the deadline is not specified or the period is shorter than five Business days from the date of notification, on the day after five full Business Days from the date of notification of changes.
- This condition does not apply to the official delivery of any court papers or other documents in connection with any disputes arising from the Contract.
- Applicable law and jurisdiction
- The law applicable to the obligations of the Contracts of Sale and Terms of Services will be Polish law (choice of law clause), and the competent court will be the Polish court (jurisdiction clause), provided that it doesn’t deprive the Consumer of protection in accordance with the mandatory provisions of the law of the Consumer’s country of habitual residence.
- The User who is a Consumer has the right to use extrajudicial means of settling complaints and pursuing claims, and in particular request mediation or arbitration. For this purpose, an appropriate form should be submitted to the institution before which the proceedings will be conducted – a request for mediation or request for settlement by arbitration. The list and addresses of entities conducting such proceedings are available at this address: https://uokik.gov.pl/wazne_adresy.php#faq592. The consumer may also use non-judicial means for settling complaints and pursuing claims by submitting his complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/. If the User does not wish to go through the ADR or ODR, all disputes arising from the Terms of Services or Contracts of Sale will be settled by a common court according to general jurisdiction. Disputes arising between the Seller and the User, who is not also a Consumer, shall be subject to the court competent for the headquarters of the Seller.
- The newsletter subscription service is provided free of charge by the Seller to the User who provides voluntary consent.
- In order to subscribe to the newsletter, the User:
- registers on the Website by selecting the appropriate option when signing in on the Account, or
- fills in a segmentation form, subscribe form or quote request by selecting the appropriate option when submitting the form.
- Once the User fill in the newsletter subscription form, a contract for the provision of the newsletter service for an indefinite period is concluded between the Seller and the User.
- The User may at any time terminate the contract for the provision of the newsletter service by deactivating the subscription. To unsubscribe from the newsletter, the User must click on the deactivation link, located in the footer of every newsletter message sent, or by sending such a declaration of will to the Seller.
- The consent to receive commercial information by electronic means sent by the Seller is voluntary and the User may withdraw this consent at any time.
- Changes to the Terms of Services
- The Seller may make changes to these Terms of Services for important legal reasons (changes to generally applicable legal Terms of Services regarding the Seller's business or the form of the Seller's business), technical reasons (modernization of the Website's infrastructure) or business changes (changes in the manner or scope of services provided) The reason for amending the Terms of Services shall always be stated in the manner indicated below.
- Registered Users shall be informed of the changes to the Terms of Services via an e-mail sent 7 (seven) days before the amended Terms of Services enter into force. Unregistered Customers will be notified about the change in a message posted on the Website's homepage 7 (seven) before the new Terms of Services enter into force. At this time, the User must again accept or refuse to accept the Terms of Services. In the case of Users who are not Consumers, the Terms of Services are considered to be accepted if the User has not resigned from using the Website within 7 (seven) days from the date of notification of the change in the Terms of Services.
- Orders placed before the amendments to the Terms of Services enter into force are processed in accordance with the previous version of the Terms of Services.
- In the event of a change to the Terms of Services, the provisions of the Terms of Services in force on the day of concluding the Sales Agreement shall apply to the Sales Agreements concluded before the effective date of the new version of the Terms of Services. For the avoidance of doubt, the new wording of the Terms of Services shall apply to all Agreements, including Sales Agreements concluded after the effective date of the Terms of Services.
- Personal data protection
- The administrator of the personal data provided by the User is Packhelp.
- Final Provisions
- These Terms of Services were drawn up in Polish and translated into other languages. In the event of any discrepancies between the Polish language version and the translations, the Polish version shall prevail.
- None of the provisions of these Terms of Services may be interpreted in a way that would limit the rights of the Consumers to comply with applicable law.
- If the Seller does not exercise the right or entitlement when able to do so, it will not prevent the right or entitlement from being exercised in the future. If the Seller does exercise the right or entitlement, he may do so again in the same or in a different manner.
- The rights of the Seller and the User, as well as legal remedies under the Contract are supplementary, and do not wave all other rights and claims.
- If any of the provisions of the Contract turn out to be invalid, violating public order or unenforceable by the court competent for the appropriate jurisdiction, and it will be legally established after exhausting all available appeals, this provision will then be modified to the extent necessary to make it valid and enforceable. If such a provision cannot be modified in the above manner, it shall be deemed as removed from the Contract of Sale in its entirety, and the remaining part of the Contract of Sale shall remain in force.
- Due to intermittent disruptions in public networks, such as the Internet, the Seller cannot guarantee that the Website will be available 100% of the time. Although the Seller makes every effort to ensure a workable Website, possible interruptions and delays in access to the website are unavoidable, and in the case of Users who are not Consumers, the Seller does not bear any responsibility for damages resulting from the above problems.
- Information on the Packhelp Website may contain technical inaccuracies or typographical errors. The Seller makes every effort to ensure that his descriptions are as accurate as possible, but he cannot guarantee that the content of the Packhelp site is accurate, complete, reliable, current and free of errors.
- A link to a website other than Packhelp does not mean that the Seller accepts any responsibility for the content or use of such Website. It is up to the User to take precautions to ensure that all manner of its use is free of such elements as viruses, computer worms, Trojan horses and other destructive programs.
- The User undertakes to release the Seller and his third party affiliates, employees, agents, representatives and service providers from the responsibility, and protect them against all claims and obligations (including legal costs) that may arise from the wrongful use of The Website by the User, and/or from the unauthorised use of materials obtained via the Packhelp Website, and/or from the User's breach of the Contract of Sale, as well as any other loss or damage of any kind suffered by the Seller due to the User's wrongful use of the Website.
- In any matter, in particular regarding the Website or our business operations, you can contact us by mail (sending a letter to the address of our headquarters) and by sending a message via https://packhelp.com/contact/
- In matters not covered by these Terms of Services, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964 No. 16 item 93 as amended). and the Act of 30 May 2014 on consumer rights (Journal of Laws from 2017, item 683)
- Any doubts arising from the interpretation of these Terms of Services should be interpreted in a way that ensures compliance of these Terms of Services with the mandatory provisions of law.