TERMS AND CONDITIONS OF THE WEBSITE
The Polish version of these Terms of Service was translated into other languages, solely for purposes of convenience. In the event of a discrepancy between the Polish language version and its translations into other languages, the Polish language version shall be of decisive meaning. In these Terms of Service (“Terms”) you will find conditions under which you – the User – may use the Website, as well as rights, duties and responsibilities of the Administrator and the User. Your use of the Website entails, means, and constitutes acceptance of all the provisions of these Terms.
Whenever you encounter in these Terms the following terms spelled with a capital letter, they should be understood in the following manner:
- Administrator / We - Pixers Eu sp.z o.o., pl. Solny 20, 50-063 Wroclaw, Poland, registered in the District Court for Wroclaw - Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under the number KRS 889917, NIP 8971887843, or its legal successor - responsible for managing the Website.
- Graphics – an image file, image or photograph presented and licensed within the Website for the purpose of being able to perform the Service.
- 365 Program - "365 days for return" program, under which the Customer has the right to return the ordered Service within one year from the date of delivery of the order without giving a reason.
- Website – Internet portal operated at www.pixers.us, managed by the Administrator, meant to facilitate provision of the Services by Service Providers to Customers based on Graphics obtained from other legal sources.
- Agreement – an agreement between a Service Provider and a Customer for the performance of the Service, entered into through the Website.
- Service – a graphic design service rendered by a Service Provider to a Customer within the Website, involving the optimization of the Graphics chosen by a User in the process of ordering, according to the parameters specified by a Customer.
- User, or you – an adult natural person with full legal capacity to enter into legal transactions, or a legal person, or an organizational unit without a legal personality, as well as a minor aged 16 and older, and/or a natural person not having full legal capacity to enter into legal transactions, subject to the consent of their legal representative, who has access to services offered within the Website and may use the Website as a Customer, and/or Service Provider.
- Voucher - an electronic gift certificate issued to the bearer as defined in the Pixers Gift Card Terms and Conditions.
- You acknowledge and agree that minimum technical requirements for the Website to run properly are: a. working and efficient telecommunications terminal equipment (computer, tablet, smartphone, etc.; “TTE”) with access to the Internet, enabling the display of the graphical user interface of the Website; and
b. installed and updated web browser: Microsoft Internet Explorer 8.0 or a later version, Mozilla Firefox 20.0 or a later version, Apple Safari 4.0 or a later version, and Google Chrome 23.0 or a later version; and
c. active email account; and
- The Administrator uses the following types of cookies: a. session – stored on the TTE only until a User remains on the Website, or disables the browser, or logs out of the Website; and
b. permanent – stored on the TTE for a specified period of time or until removal by the User.
- We use the cookie mechanism: (i) to facilitate navigation on the Website, including by maintaining a User's session so there is no need to log in again and again on every webpage; (ii) to review and develop our offer, including by adjusting the content of the Website according to your preferences; and (iii) for statistical purposes.
- You agree to our use of also external cookies (third-party cookies) to (i) display on the Website the multimedia content downloaded from an external website; (ii) collect general and anonymous statistics from analytical tools; and (iii) use interactive features in order to promote the Website by using social networking sites.
Unless the Regulations provide otherwise, the User is authorized to use the Website only as part of its purpose and functionality, provided, inter alia, (i) to comply with applicable law, in all matters essential for the proper, complete and uninterrupted functioning of the Website, (ii ) refrain from interfering with the Website, whether by introducing viruses and other malicious software, or by unauthorized reproduction, transfer or use of source codes or other company secrets, and (iii) refrain from providing illegal content to the Website, and from using the elements of the Website, including company markings, goods, services, and other protected intellectual property objects in an unlawful manner.
- The content, data or other information provided by the User to the Website, including those placed in the Account, are his property, and in any case the User remains solely responsible for them, in particular for the compliance with the law and the Regulations of this information and its use on the Website. By posting this information on the Website, the User authorizes the Website to use it in order to ensure full functionality of the Website.
- The Website reserves the right to block, delete or otherwise cut off access to the content, data and information stored on the Website at the request of the User in the event of receiving an official notification or obtaining reliable information about the unlawful nature of these or related activities, or in other cases provided for in the Regulations. or applicable law.
TERMS OF SERVICE
- The Administrator makes every effort to ensure that the Website meets the Users' expectations, but does not guarantee that it is free from defects or faults. Unless this is prevented by the mandatory provisions of law, the Administrator excludes its liability under the guarantee, warranty or other that may result from its imperfections. This provision does not apply to Users who are consumers (this provision is valid in the territory of the European Union).
- Users accept that the Website may contain links to external portals, websites and web applications that are not owned or otherwise dependent or controlled by the Administrator. Users confirm that the Website may be accessed using third party tools or services. In any case, linking or using the resources and facilities of third parties is at the expense and risk of the User. The website encourages you to read the terms of services of such third parties in order to determine the rights and obligations of the User.
- The Seller, accepting the User's order for execution, declares and ensures that he has professional skills and technical capabilities to perform the Service in accordance with the User's order.
- The Seller undertakes not to provide the User with advertising information, telephone number, e-mail address, website address, Skype number, etc., or in any other way to enable communication between, bypassing the intermediation of the Website, or to encourage transactions outside the Website.
- The User who is a consumer declares that he is aware that the placing and payment of the order on the Website and the performance of the Service by the Seller is entirely related to the User's loss of the right to withdraw from the contract concluded outside the business premises or remotely within the meaning of Art. 27 of the Act on consumer rights. The above results from the content of Art. 38 point 1 of the Act on consumer rights.
ORDERING [A SERVICE]
- Invitation for the Customer to conclude an Agreement with the Service Provider. The Customer’s order can be made through our web-based service configuration and order management system, available online on the Website via a registered account or as an unregistered user.
- The Customer places an order for the provision of the Service on the Website. In exceptional cases, such as, among others, the malfunctioning of the Website and ensuing in the inability to place an order through it, the order may be made via e-mail sent to our address.
- To place an order, the Customer must: a. select the Graphics and the Service Provider from the Administrator’s directory to perform the Service on the selected Graphic; and then
b. configure the selected Graphic using the mechanisms available on the Website by specifying printing parameters (for example, frame, size, effects, and graphic material) to which the selected Graphic should be optimized; and finally
c. give her/his contact details to complete the Agreement.
- Based on the parameters as specified by the Customer the Service Provider will present to the Customer specific terms of the Agreement, including at least the price of the Service, the Service completion time, and a returns and complaints policy. The Service prices are gross prices.
- If the Graphic selected by the Customer: comes from an external digital library collection, the Customer obtains the necessary rights and permissions to the selected Graphic from a competent digital library (detailed licensing agreement defining the acceptable way of using the Graphics by the Customer is available on the card of a given Graphic) through the Website and transmits it to the Service Provider for the purpose of performing the Service. In any case, the Service Provider, by commencing the performance of the Service within the Website, consents to be bound by the license terms, and declares that it will use the Graphics exclusively on behalf of the Customer and only for the purpose of the Service. In turn, the Customer acknowledges that the Graphic may be used only for her/his personal purposes, and that he/she may not sublicense, reproduce, or use the Graphic for commercial purposes and re-marketing.
- The placement of an order by the Customer is legally binding.
COMPENSATION, FEES AND COMMISSIONS
- Services provided by the Administrator to Service Providers are payable.
- Payments for the ordered Services are made through electronic payment systems or directly to the bank account of the Service Provider.
- Detailed rules concerning fees and commissions applicable to the Website are provided in Appendix 2 to these Terms.
PRIVACY AND CONFIDENTIALITY
- Unless otherwise dictated by mandatory provisions of law, it is not allowed – without our consent – to disclose any information available only to Users and related to the functioning of the Website, including the data of other Users, organizational, technological, technical solutions and know-how of the Website or the Administrator, as well as data concerning the revenue made on transactions effected through the Website.
THE ADMINISTRATOR'S LIABILITY
- The Administrator will not be legally responsible for any acts or omissions of the Users. In particular, we may not be held liable for a User’s infringement of copyright and other rights of any other User or a third party.
- We will not be liable for the quality, safety or legality of the Service, or the ability of Service Providers to properly deliver under the Agreement, or for the non-performance or improper performance by Users of their obligations in connection with the Website. If practicable, the Administrator tries to verify data concerning the Services and to take necessary action to eliminate any illegal behavior or that which is in contradiction to these Terms.
- The Administrator supervises – in terms of formal correctness – the completion of transactions made under Agreements. The completion of an Agreement may be denied only in exceptional and duly justified cases – for example, where the Service Provider has failed to cooperate with the Administrator with respect to the use of the Website.
- We will not be liable for disruptions in the functioning of the Website caused by a force majeure event, failure of equipment or unlawful interference by Users, or for damage that might have occurred in the assets of the User as a result of a malfunction of the Website.
- To the fullest extent permitted by law, the Administrator disclaims its own, as well as that of its employees, associates and subcontractors, liability in connection with the Website, whether contractual, tortious or otherwise, both in terms of actual damages (losses) as well as lost or expected benefits. This provision does not apply to Users being consumers (this provision has the binding force of law on the territory of the European Union).
- You agree to defend, indemnify, and hold harmless the Administrator against and from any and all liability, and pay all costs, expenses and claims incurred or awarded by or against the Administrator in connection with proceedings against the Administrator for reasons that relate to you. Furthermore, you agree to give the Administrator any assistance in the effective enforcement of rights or use of defense against the claims of other Users or third parties in cases relating to you. This provision does not apply to Users being consumers (this provision has the binding force of law on the territory of the European Union).
OUR INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that all rights to the Website belong to the Administrator. It is forbidden to make use of these rights, including intellectual property rights, otherwise than (i) within the Website and (ii) in accordance with these Terms and applicable laws.
- The Website, its individual elements (including graphical user interfaces), texts (including these Terms), navigation solutions, selection and arrangement of contents presented on the Website, graphic art, compilations and derivative works are subject to legal protection as afforded, in particular, to databases, computer programs, graphics, or other works of authorship.
- Protection also extends to all the materials the Administrator provides to Users electronically, in particular via e-mail. Modification, coping, distribution, transmission, display, reprinting, sublicensing, creating a collective work of the materials without the consent of the Administrator is prohibited and will result in legal action by the Administrator.
- The collection, usage and processing of the content of the Website, including by using web crawlers or other automated data downloading systems from the Website without our consent constitutes a breach of these Terms.
- Your use of signs, including trademarks, of the Administrator, in particular the description "Pixers" in any documents, or for any purpose, except in cases referred to in these Terms may occur only upon prior written consent of the Administrator.
- The User bears full responsibility for any substantive damage caused by and resulting from the use of the Administrator’s property without its consent, or in breach of these Terms or applicable law.
The provision of services on the Website is indefinite.
CONTACT AND COMPLAINT PROCEDURE
- The User may contact the Seller regarding the services provided on the Website in the form of: • in writing to the following address: Pixers Eu sp.z o.o., pl. Solny 20, 50-063 Wroclaw, Poland or
• by using the "contact" link available on the Website.
- Complaints about the services provided on the Website may be submitted in electronic form using the "contact" link available on the Website or in writing to the following address: Pixers Eu sp. Z o.o., pl. Solny 20, 50-063 Wroclaw, Poland. The complaint should contain at least the User's identification data, including e-mail address, the User's status on the Website, a description of the objections raised and the order number.
- If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller will ask the person submitting the complaint to supplement it in the indicated scope.
- The seller recognizes the complaint within 14 days from the date of its receipt in the correct form.
- The response to the complaint is sent to the e-mail address provided in the complaint or to the sender's address indicated in the complaint letter.
- The complaint submitted in the currently considered or already examined case is left by the Seller without consideration.
- The seller does not charge additional fees as part of making phone calls to the Call Center department and informs that these calls may be charged with fees in accordance with the price list of the operator whose services the user uses.
- Submitting a complaint excludes the possibility of using the 365 Program.
- The Seller informs that due to the properties of the technological process, the nature of the order may slightly differ from the actually performed Service, which are due in particular to factors such as technical parameters of the screen or selected display settings. In connection with the above, the Seller indicates that the difference in tolerance ranges between the Service and the order may amount to approximately 1%. In the case of color mapping between the Service and its implementation, the difference may be about 5%.
- The Seller informs that in the event that an order for the same Service has been made in two or more separate orders, there may be differences in the tolerance ranges and color mapping referred to in paragraph 9.
- The circumstances listed in sec. 9 and 10 do not constitute grounds for accepting the complaint.
- Filing a complaint does not exclude the possibility of exercising the rights resulting from the provisions of generally applicable law.
"365 DAYS RETURN" PROGRAM
- The Customer has the right to take advantage of the 365 Program in accordance with the terms described in detail in this chapter.
- Taking advantage of the 365 Program excludes the possibility of pursuing claims for the ordered Service through the complaint procedure.
- Under the 365 Program, the Customer has the right to return the ordered Service within one year from the payment of the order, without giving a reason.
- In order to take advantage of the 365 Program, the Customer is required to submit a relevant statement using the contact form located in the "Complaints and returns" tab (link: https://pixers.us/complaint/order-identification).
- The Administrator informs that under the 365 Program only an undamaged, complete original order may be returned. The Administrator excludes the right to return orders with visible signs of use or mechanical damage, regardless of the type and degree of damage or traces of use. The costs of returning the ordered Service shall be covered by the Customer.
- If the Service Provider determines that the returned order meets the criteria of the 365 Program, the Customer is entitled to choose one of the following options: a. receive a corrected order - in accordance with the Customer's instructions;
b. receive a new Service provided by the Service Provider, the total value of which does not exceed the value of the returned order;
c. receive a voucher for the amount of the Service amount paid by the Customer.
- If the Customer chooses the method described in paragraph 6 point 1 or 2, the Service Provider undertakes to implement it within 14 days from the date of accepting the return. The date of shipment of the corrected or new order to the address of the Customer shall be considered as the time of execution.
- If the Customer chooses the method described in paragraph 6 point 3 (refund of the amount in the form of a Voucher), the Service Provider in cooperation with the Administrator: a. undertakes to return the amount paid in the form of a Voucher for the Customer;
b. send the Voucher to the Customer's e-mail address, indicated in the contact form, within 14 days from the date of accepting of the return;
c. informs that the Customer does not have the right to withdraw from the contract, as described in § 6 para. 1 of the Pixers Gift Card Terms and Conditions.
- The Voucher referred to in para, 6 item 3 authorises the Customer to purchase the Services on the Website again up to the nominal value indicated in the Voucher, subject to the provisions of subparagraph 10.
- When purchasing a Service whose face value is higher than the value of the Voucher, the Customer is required to make an additional payment for the difference in the price.
- The Customer acknowledges that the Voucher referred to in para. 6 point 3 is valid for one year from the date of sending it to the e-mail address indicated in the contact form.
- If ordering a Service paid for by the Voucher referred to in para. 6 point 3, the Customer waves the right to take advantage of the 365 Program. The provision of this paragraph does not exclude the right to lodge a legal complaint.
PERSONAL DATA PROCESSING
- The Seller is the administrator of the personal data of users whose data is processed in connection with the Service / Agreement.
- Any disputes related to services provided by the Administrator to Users pursuant to these Terms will be resolved by a court having jurisdiction over the registered office of the Administrator. This provision does not apply to Users being consumers (this provision has the binding force of law on the territory of the European Union)
- Without prejudice to the generality of Section 1 of this Clause, any User afforded the consumer protection by EU law may use extrajudicial means of dealing with complaints and redress. To take advantage of the possibility of an amicable settlement of disputes relating to online shopping, you can submit your complaint, for instance, via the EU's Internet platform ODR, available at: https://webgate.ec.europa.eu/odr/.
- If any provision of these Terms is held to be invalid or unenforceable pursuant to a final judgment, the remaining portion of these Terms will remain valid and enforceable.
- The Administrator reserves the right to amend provisions of these Terms and to launch a new version of the Website at any time and without having to justify the reason. We will immediately notify of amendments to these Terms or of a new version of the Website. You may opt out of the Website in its new version or under new Terms immediately upon receipt of the relevant notification – through continued use of the Website you agree to the changes.
- The opt-out will be made in writing to the following address of the Administrator: Pixers Eu sp. z o.o., pl. Solny 20, 50-063 Wroclaw, Poland, and will result, at the discretion of the Administrator, in blocking access to the Website or limiting its functionalities, or suspension or deletion of the Account.
- These Terms come into force as of the date of their announcement on the Website. Agreements concluded between the Users and the Administrator prior to the entry into force of these Terms will be subject to its provisions upon acceptance of these Terms.
- Any rights under these Terms accrue and inure to the benefit of the legal successors and assigns of the Administrator.
This privacy statement was last revised on April 7th 2021.