Design Ambulance Terms and Conditions

 

§ 1. General Provisions

  1. These Terms and Conditions set forth the rules for placing orders for customized graphic designs, particularly the terms and procedures for entering into sales contracts and contracts for work at a distance through the Online Store, as well as the procedure for handling complaints and the procedure for withdrawal from the contract by the Entrepreneur as a Consumer.
  2. The provisions of these Terms and Conditions apply to contracts for work where the other party is the Client, including the Entrepreneur as a Consumer. Contracts are concluded based on the version of the Terms and Conditions in force at the time of placing the order.
  3. Placing an Order by the Client is tantamount to familiarizing oneself with and accepting these Terms and Conditions, as well as the integral Privacy Policy and Cookie Policy.
  4. The Client acknowledges that upon placing an Order, a contract for work is concluded between the Client and the Seller. The conclusion of the contract entails the obligation to pay for the Order.
  5. No later than when the Entrepreneur as a Consumer expresses their intention to be bound by the contract, the Seller is obliged to inform them, unless this information is already apparent from the circumstances, in a clear and comprehensible manner about the main features of the service, including the subject matter of the service and the method of communication with the Seller, their identifying information, particularly the company name, the authority that registered the business activity, and the number under which it was registered, the address where the business is conducted, and the company’s telephone number, the total price or remuneration for the service including taxes, and if the nature of the subject matter of the service does not allow for a prior calculation of the amount – the method by which it will be calculated, as well as delivery charges, postal services, and any other costs, and if the amount of these charges cannot be determined – the obligation to pay them. In the case of an indefinite-term contract or a subscription contract, the Seller is obliged to provide the total price or remuneration covering all payments for the billing period, as well as all costs that the Entrepreneur as a Consumer is required to bear, the method and deadline for the Seller’s performance of the service, and the procedure for handling complaints applied by the Seller, the Seller’s liability for the quality of the service as provided by law, the content of after-sales services and warranties, the duration of the contract or – if the contract is for an indefinite period or is subject to automatic renewal – the method and grounds for termination of the contract, the functionality of digital content and applicable technical protection measures; the interoperability of digital content with computer hardware and software.
  6. In the scope of services provided electronically, these Terms and Conditions constitute the regulations referred to in Art. 9 of the Act on Providing Services by Electronic Means of July 18, 2002 (consolidated text: Journal of Laws of 2020, item 344, as amended).
  7. The Seller informs Clients that Orders are placed using an IT system that ensures processing and storage, as well as sending and receiving data via telecommunication networks in accordance with the provisions of the Act on Providing Services by Electronic Means referred to in paragraph 3.
  8. The Client has the opportunity to familiarize themselves with the Terms and Conditions at any time by clicking the hyperlink “Terms and Conditions” on the Online Store’s website. The Terms and Conditions can be downloaded and printed at any time.
  9. The Seller informs Clients that Orders are placed using an IT system that ensures processing and storage, as well as sending and receiving data via telecommunication networks in accordance with the provisions of the Act on Providing Services by Electronic Means.
  10. The applicable law for obligations arising from placed Orders shall be Polish law.

 

§ 2. Definitions

  1. Seller – refers to Monika Pawelczyk conducting business under the name Good Story Monika Pawelczyk, located at Krzywoustego St. No. 22, Unit 4, 84-300 Lębork, Poland, registered in the Central Register of Businesses and Information on Economic Activity, Tax Identification Number (NIP): 8411657527, National Business Registry Number (REGON): 387446434, phone: +48 696 744 339.
  2. Client – refers to a natural person conducting business, a legal entity, or an organizational unit without legal personality, which is granted legal capacity by specific regulations and places orders in the Online Store. The Store does not enter into contracts with Clients who are strictly Consumers.
  3. Entrepreneur as a Consumer – refers to a Client who is an entrepreneur within the meaning of Article 431 of the Civil Code.
  4. Website – refers to the online service operated and maintained by the Seller at the address https://designambulance.eu/.
  5. Online Store – refers to an organized system for concluding distance contracts, constituting an online service operated and maintained by the Seller at the address https://designambulance.eu/, which allows Clients to place orders for products and services offered by the Seller through this service and in accordance with its Terms and Conditions.
  6. Terms and Conditions – refers to these provisions, which specifically define the conditions for the Client’s use of the Online Store.
  7. Order – refers to a declaration of intent to conclude a contract for work submitted by the Client to the Seller through the Online Store by using the online calendar to select a date, project type, and fully pay the Price.
  8. Copyright Transfer Agreement – refers to an agreement as per Article 41, Paragraph 1, Point 1 of the Copyright and Related Rights Act, under which the Seller transfers the proprietary copyright to the Work to the Client under the conditions specified in the Terms and Conditions.
  9. Price – refers to both the price as per Article 535 of the Civil Code and the remuneration as per Article 735 and Article 627 of the Civil Code.
  10. Execution Conditions – refers to the conditions and reservations placed by the Seller in the description of the Work, which form an integral part of the contract for work.
  11. Project Brief – refers to the conditions and reservations made by the Client on the form provided by the Seller after placing the Order, including the provision of all project information and the attachment of necessary materials, which form an integral part of the contract for work.
  12. Files – refers to the files provided by the Client, which the Seller is authorized or obliged to use when creating the project, while the Seller is not responsible for copyright infringements of the materials provided by the Client.
  13. Product/Project – refers to the service or work undertaken by the Seller, as well as the property right transferred by the Seller to the Client.
  14. Digital Product – refers to a Product that constitutes digital content not stored on a tangible medium within the meaning of Article 38, Point 13 of the Consumer Rights Act.
  15. Product Project – refers to an unfinished Product presented to the Client for acceptance and for the submission of Corrections or Reservations.
  16. Corrections – refers to the Client’s request to make changes to the Product Project for aesthetic modification purposes.
  17. Reservations – refers to the Client’s request to make changes to the Product Project to remove obvious discrepancies with the Order or other defects.
  18. Additional Work – refers to Corrections to the Product Project carried out by the Seller for a fee after the Client has exhausted the limit for requesting Corrections specified in the Execution Conditions.
  19. Payment Gateway – refers to the cashless payment processing service provided by http://stripe.com/
  20. Copyright – refers to the Act of February 4, 1994, on Copyright and Related Rights (consolidated text: Journal of Laws of 2021, item 1062, as amended).

 

§ 3. Technical Requirements

  1. The services in the Online Store are provided twenty-four hours a day and seven days a week.
  2. In order to use the Online Store, the Customer must utilize a telecommunication system that meets, among others, the following technical requirements: a. a computer or mobile device, b. access to electronic mail, c. internet access, d. activation of Cookies support, e. access to an internet browser.
  3. To minimize the risk of threats associated with the use of the Internet, the Customer should employ appropriate technical measures while using the electronically provided services.
  4. The Seller makes every effort to ensure operation of the Online Store, except in situations related to force majeure, unlawful actions of third parties, disruptions in the functioning of the telecommunication system, and improper operation of internet browsers, the irregularities of which cannot be foreseen.
  5. The Seller endeavors to ensure that the colors displayed in the Online Store correspond to the colors actually used in the execution of the Product. The Seller is not responsible for incorrect interpretation or distortion of colors or Product visualizations caused by the quality or mode of operation of the mobile device used by the Customer while browsing the Online Store

 

§ 4. Product/Project and Materials Provided by the Client

  1. The provisions of these Terms and Conditions shall apply accordingly to Digital Products unless otherwise stipulated in the Terms and Conditions.
  2. In the execution of Products/Projects, the Seller is entitled to engage subcontractors.
  3. The Seller is responsible for the acts or omissions of its subcontractors as if they were its own.
  4. In the case of Products/Projects being services provided to the Client, once the Seller has fully performed the service, the Client may not withdraw from the contract for work.
  5. In the case of Digital Products, after the Seller has provided the Client with digital content before the expiration of the withdrawal period, the Client has no right to withdraw from the contract.
  6. The Seller reserves that the Client’s provision of materials in the Project Brief and their use may result in the creation of a derivative work within the meaning of Art. 2(1) of the Copyright and Related Rights Act. In such a case, the introduction of the Product/Project into circulation and other dispositions by the Client may depend on the prior consent of the entity holding the derivative copyright to the materials provided by the Client.
  7. The Seller recognizes the following as defects in the materials provided by the Client in the Project Brief:
  1. Infection of materials with viruses,
  2. Insufficient resolution of materials,
  3. Content that clearly infringes the proprietary copyright of third parties,
  4. Content that clearly infringes the personal rights of third parties,
  5. Damage to the file containing the materials,
  6. Provision of materials in a format that prevents the copying of words, which is necessary for the execution of the Order,
  7. Provision of materials with errors/typos in texts (the Seller does not check texts provided by Clients for editorial errors),
  8. Provision of materials with unedited texts (the Seller does not edit texts within the scope of Order execution),
  9. Provision of materials in the form of graphics/photos requiring significant editing (the Seller only ensures minor changes such as color changes, background removal, if necessary for better quality of the Product/Project).
  1. The Seller shall notify the Client of any defects found in the materials provided by the Client within 4 hours from the moment of placing the Order, provided that notification of identified defects is carried out exclusively on business days (from Monday to Friday) between 08:00 and 20:00.
  2. The Seller shall not be liable for any damages incurred during the execution and use of the Product/Project created using defective materials provided by the Client.
  3. The Seller is entitled to store the materials provided by the Client until the expiration of any potential claims related to the submitted and executed order.
  4. Upon the release of materials, the Client grants the Seller a non-exclusive, royalty-free, and unlimited license in terms of time and territory for the use of materials on the fields of exploitation specified in Art. 50 of the Copyright and Related Rights Act, as well as on the following fields of exploitation:
  1. Fixation on any media known at the time of the contract conclusion, particularly on magnetic media, CD-ROM and DVD discs of any format and type, optical and magneto-optical discs, portable USB Pendrive disks, and cloud servers,
  2. Permanent or temporary reproduction, in whole or in part, using any technique known at the time of the contract conclusion,
  3. Introduction to electronic memory.
  1. The Client authorizes the Seller to make any changes and modifications to the provided materials.
  2. The Seller is entitled to grant further licenses (sublicenses) to the materials provided by the Client to its subcontractors to the extent necessary for the execution of the order.

 

§ 5. Order Placement and Fulfillment

  1. The placement of an order for a Product/Project involves the Client selecting a date and type of Product/Project through the provided online calendar.
  2. During the reservation process, the Client chooses the number of revisions for the Product/Project. The selection of additional revisions or modifications at a later stage is not permitted.
  3. The condition for the Seller’s acceptance of the order for fulfillment is the Client’s payment for the reserved date.
  4. The Seller provides the Client with a Project Brief to complete, in which the Client indicates all necessary information regarding the ordered Product/Project and attaches their chosen materials they expect to be incorporated into the Product/Project (e.g., the Client’s company logo). The Seller will utilize the provided materials within the scope agreed upon by the Parties.
  5. The Client warrants to the Seller that they possess the legal title to the materials provided, including, but not limited to, intellectual property rights, licenses, trademark rights, or consent to disseminate the likeness of individuals.
  6. The Seller is not responsible for any potential infringements of copyright or related rights of materials provided by the Client in the Project Brief.
  7. The Seller is authorized to use paid materials offered by Adobe Stock after informing and obtaining the Client’s consent. In such cases, the additional cost resulting from the paid material shall be borne entirely by the Client. At the same time, the Seller declares that they possess a standard license for Adobe Stock, i.e., up to 500,000 views and 500,000 prints. Details regarding the standard license held by the Seller are specified on the website: https://stock.adobe.com/pl/license-terms 
  8. In the event that revisions are necessary after the completion of the Product/Project, the Client must reselect a date through the Seller-provided online calendar and pay for the reserved date.
  9. All revisions are negotiated with the Client via the Adobe Creative Cloud platform.
  10. The completed Product/Project is uploaded by the Seller to the Adobe Creative Cloud platform, from which the Client is obligated to download the Product/Project files within 7 days from the date of notification by the Seller regarding access. After the deadline, all files are deleted from the platform.
  11. The Product/Project files referred to in point 10 are final versions without the possibility of further editing.
  12. The Client’s placement of an order constitutes acceptance of the content of these Terms and Conditions.
  13. An Entrepreneur acting as a Consumer, by placing an order for a Product/Project, grants the Seller consent to execute the agreement and deliver it before the expiration of the withdrawal period under the Consumer Rights Act.
  14. The information provided by the Client in the Project Brief must not:
  1. infringe upon the personal rights of third parties,
  2. contain content promoting discrimination, particularly based on nationality, ethnicity, political affiliation, race, religion, or non-religious beliefs,
  3. constitute an element of unfair market practices,
  4. constitute an element of deceptive advertising or advertising contrary to good morals,
  5. contain vulgar content, content widely recognized as offensive, or content that otherwise violates acceptable social norms,
  6. infringe upon the intellectual property rights or personal rights of third parties.

 

§ 6. Seller’s Compensation

  1. The prices for the Product/Project are payable in advance.
  2. The Seller shall issue a VAT invoice or a personalized invoice to the Client.
  3. In the case of delivery of the Product/Project:
  1. within the territory of the Republic of Poland – the Seller shall issue an invoice with a 23% VAT rate,
  2. to a Client with a registered office outside the Republic of Poland but within the European Union – the Seller may issue an invoice with a 0% VAT rate, if such rate is applicable.
  1. The Client consents to receiving VAT invoices via electronic correspondence.

 

§ 7. Withdrawal from the Agreement

  1. The Seller informs the Entrepreneur acting as a Consumer that they do not have the right to withdraw from the agreement, as the exceptions specified in Article 38 of the Consumer Rights Act apply to this agreement concluded outside the business premises or at a distance, namely:
  1. The Product/Project constitutes a service that the Seller has fully provided, i.e., the exception specified in Article 38(1) of the Consumer Rights Act,
  2. The Product/Project constitutes a non-prefabricated item produced according to the Entrepreneur acting as a Consumer’s specifications indicated in the Design Brief or serving to satisfy individualized needs, i.e., the exception specified in Article 38(3) of the Consumer Rights Act,
  3. The Product/Project is a Digital Product delivered by the Seller, i.e., the exception specified in Article 38(13) of the Consumer Rights Act.1
  1. Withdrawal from the agreement occurs by the Entrepreneur acting as a Consumer submitting a declaration of withdrawal.
  2. The deadline for submitting a withdrawal declaration by the Entrepreneur acting as a Consumer is counted from the delivery of the Product/Project.
  3. To meet the withdrawal deadline, the Entrepreneur acting as a Consumer merely needs to send the declaration before the expiry of the withdrawal declaration submission deadline.
  4. In any case, the Seller shall immediately confirm receipt of the Entrepreneur acting as a Consumer’s withdrawal declaration.
  5. Withdrawal from the agreement by the Entrepreneur acting as a Consumer results in:
  1. The agreement being deemed as not concluded (cancellation of the submitted order),
  2. The Seller’s obligation to promptly return all received payments, in any case no later than within 14 days from the day of receiving the withdrawal declaration by the Entrepreneur acting as a Consumer. The payment refund shall be made in a manner analogous to how the Entrepreneur acting as a Consumer made the payment unless they agree to another refund method, which will not result in any costs.
  1. Within seven 3 days from becoming aware of the defective materials provided by the Client, the Seller may refuse to execute the Product/Project using defective materials if performing the agreement as specified by the Client:
    1. Would expose the Seller to civil, criminal, misdemeanor, or administrative liability,
    2. Is technically infeasible due to reasons related to the materials provided by the Client.
  2. The Seller’s refusal to execute the Product/Project is equivalent to their withdrawal from the agreement. In such a case, the Seller shall promptly return the paid remuneration to the Client.

 

§ 8. Complaint

  1. If the Entrepreneur acting as a Consumer’s complaint contains demands referred to in Article 5615 of the Civil Code, and the Seller has not responded to these demands within 14 days, it is deemed that the Seller has accepted the demands as justified.
  2. The provisions of these Terms and Conditions on complaints apply accordingly to all Clients, with the proviso that the Seller’s lack of response to a defect report (complaint) does not constitute acceptance of the report (complaint) in whole or in part as justified in the case of a Client other than the Entrepreneur acting as a Consumer.
  3. The Entrepreneur acting as a Consumer may file a complaint:
    1. By traditional mail to the address: Krzywoustego 22/4, 84-300 Lębork, Poland.
    2. By electronic mail – solutions@designambulance.eu
  4. The complaint should contain:
    1. Client’s identifying information,
    2. Identifying information of the Sales Agreement or VAT invoice number,
    3. A concise description of the subject of the complaint,
    4. A concise description of the Client’s expectations regarding how the Seller should handle the complaint.
  5. Based on the factual situation determined by the Seller, the Seller may:
    1. Accept the complaint in whole and fulfill the performance demanded by the Client or an equivalent performance, which the Client has agreed to,
    2. Accept the complaint in part and partially fulfill the performance demanded by the Client while simultaneously indicating the reasons and grounds for not accepting the complaint in whole,
    3. Not accept the complaint, indicating the reasons and grounds for not accepting the complaint in whole or in part,
    4. Propose a settlement to the Client if the circumstances of the case raise significant doubts as to the validity of the Parties’ positions.
  6. By accepting the complaint as justified in whole or in part, the Seller shall inform the Client of the anticipated deadline for resolving the matter.
  7. In case of a dispute with the Seller, the Entrepreneur acting as a Consumer may seek mediation from:
    1. The Consumer Ombudsman in the manner
    2. The Commercial Inspection shall be conducted in accordance with the procedures stipulated by the applicable Commercial Inspection Act.

 

§ 9. Copyright Assignment Agreement

  1. If the agreement so provides, the Seller shall promptly enter into a Copyright Assignment Agreement with the Client, the essential terms of which are set forth in these Terms and Conditions.
  2. The Seller represents and warrants that:
    1. They hold the proprietary copyrights to the Product/Project, in particular, effectively acquiring shares in these rights from co-creators who are their subcontractors or employees,
    2. They have not granted a license to any third party to use the Product/Project in whole or in part, nor have they made any other disposition of the proprietary copyrights thereto.
  3. Upon entering into the Copyright Assignment Agreement, the Seller transfers to the Client the proprietary copyrights to the Product/Project, including the exclusive right to grant permissions for the exercise of derivative copyright for the use on the fields of exploitation specified in Art. 50 of the Copyright and Related Rights Act.
  4. The Client is not obligated to designate any person as the creator of the Product/Project.
  5. The Seller does not determine the manner of using the Product/Project.
  6. The Seller is not entitled to additional compensation for the Client’s use of the Product/Project in any way.
  7. The rights to the Product/Project are not limited in time or territory.
  8. The Seller authorizes the Client to make any changes and modifications to theProject.
  9. The transfer of proprietary copyrights to the Product/Project to the Client also entails the transfer of ownership rights to the medium on which the Product/Project is recorded unless it was released in electronic form (Digital Product).
  10. In the event that the Seller used paid materials provided by Adobe Stock, it is assumed that upon the release of the Product/Project, the Client uses them as a sublicensee under the terms specified in the agreement of the entity granting the Seller a license for this material.

 

§ 10. Seller’s Portfolio

  1. The Client grants the Seller permission to showcase the Product/Project created for them in their portfolio, in particular:
    1. On the Website,
    2. On social media platforms.
  2. By showcasing the Product/Project created for the Client as referred to in paragraph 1, it is understood to include the use of the Client’s name/company and logo for advertising purposes for an indefinite period.

 

§ 11. Personal Data

  1. The provisions concerning personal data do not apply to a Client who is not a natural person.
  2. The Seller processes the following Client data:
    1. First name,
    2. Last name,
    3. Business name/company,
    4. Residential or business address,
    5. Tax identification number (NIP),
    6. Email address,
    7. Telephone number.
  3. The Seller processes the Client’s personal data for the following purposes: payment processing, product delivery, or complaint recognition.
  4. The Seller transfers the Client’s personal data to the Payment Gateway:
    1. In connection with the Payment Gateway providing the Seller with infrastructure for online payment processing (legal basis: Art. 6(1)(f) of the Regulation),
    2. In connection with the Payment Gateway handling and settling online payments made by Clients using payment instruments (legal basis: Art. 6(1)(f) of the Regulation),
    3. For the purpose of verifying by the Payment Gateway the proper performance of agreements concluded with the Seller, in particular ensuring the protection of the interests of payers in connection with the complaints they submit (legal basis: Art. 6(1)(f) of the Regulation).
  5. The Seller hereby informs the Client, in accordance with Art. 13 GDPR, that:
    1. The administrator of the Client’s personal data is the Seller,
    2. The Client may contact the Seller regarding personal data protection matters using the contact details indicated in these Terms and Conditions,
    3. The Client’s personal data will be processed for the purpose of implementing the Account Management Agreement, the Agreement, and recognizing complaints,
    4. The Client’s personal data will be processed for the period necessary to perform the agreement and to recognize any potential claims by the Client. In any case, no longer than 6 years,
    5. The Client’s personal data are not subject to decisions based solely on automated processing, including profiling, as defined in Art. 22 GDPR,
    6. The legal basis for the Seller’s processing of the Client’s personal data is Art. 6(1)(b) GDPR,
    7. The recipients of the Client’s data will be only those entities specified in the Terms and Conditions, which, based on concluded agreements, process personal data on behalf of the Seller as the Administrator for the purpose of payment processing or Product/Project delivery,
    8. The Client has the right to access the content of their data and the possibility of correcting, rectifying, requesting the restriction of their processing, and transferring their data, as well as – in cases provided by law – the right to request the deletion of data and the right to object to their processing,
    9. The Client has the right to lodge a complaint with the supervisory authority if the processing of data is in violation of GDPR provisions, i.e., the President of the Personal Data Protection Office.
  6. Data Protection Officer Appointment The Seller informs that there is no obligation to appoint a Data Protection Officer.
  7. Provision of Personal Data by the Customer The provision of personal data by the Customer is a condition for entering into the Account Management Agreement, the Agreement, and for the recognition of complaints. The consequence of not providing personal data by the Customer is the inability to conclude the aforementioned agreements or to recognize complaints.
  8. Transfer of Customer’s Personal Data to Payment Gateway In the event of transferring the Customer’s personal data to the Payment Gateway in connection with the processing and settlement of payments made by the Customer to the Seller via the Internet using payment instruments, the provision of data is required for the execution of the payment and the transmission of its confirmation by the Payment Gateway to the Seller. In the event of transferring the Customer’s personal data to the Payment Gateway for the purpose of verification by the Payment Gateway of the proper performance of agreements concluded with the Seller, in particular ensuring the protection of the interests of payers in connection with the complaints submitted by them, the provision of such data is required to enable the performance of the agreement concluded between the Seller and the Payment Gateway.

 

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