Terms
Post Video Card International Online Store
DEFINITIONS
Addressee
a natural person, a legal person or an organizational unit without legal personality , to which the Act grants legal capacity , to whom the Buyer sends the Video QR Card and for which he has provided the data necessary to correct addressing and sending the Video QR Card, i.e. name and surname or name or company , exact address with postal code or post office box designation.
Order Form
an interactive form available on the Website, enabling you to place an Order , in particular by adding a Postcard to the electronic basket, personalizing and addressing it and specifying the terms of the Agreement , including payment method.
Video QR card
created using the tools available on the Website and personalized by the Buyer. Postcard – after the Confectioning process, which is the subject of the Agreement.
Packaging
service consisting in placing on the Postcard template selected by the Buyer the text entered by the Buyer , a QR code with a link to the video recording sent by him, printing, sorting, placing in envelopes, addressing in accordance with with the parameters selected by the Buyer and marking of the envelopes, however, the Post Video Card data will be placed on the envelopes as data for possible returns of shipments , in accordance with point 3.14. Regulations.
Consumer
a natural person concluding a legal transaction with an entrepreneur that is not directly related to its business or professional activity ( Article 22 1 of the Civil Code).
Buyer
a natural person with full legal capacity , and in cases provided for by generally applicable provisions , also a natural person with limited legal capacity , a legal person or an entity an organizational entity without legal personality , which the Act grants legal capacity , which uses part of the functionalities of the Website as a User , concludes an Agreement with Post Video Card.
Sender
for the purposes of determining internal relations between Post Video Card and the Buyer in connection with the conclusion and implementation of the Agreement, the Sender is the Buyer.
For the purposes of implementing the Agreement, in accordance with Art. 3 point 10 of the Polish Postal Law, the Sender in relation to the Postal Operator is Post Video Card as the entity that concluded the contract for the provision of postal services and its address is placed on the envelope.
Postal Operator
an entity conducting business activity consisting in the provision of postal services in domestic or cross-border traffic within the meaning of the provisions of the Polish Act of November 23 , 2012, Postal Law.
Cookies policy
document regarding cookies used by Post Video Card.
Privacy Policy
a document regulating the security of privacy protection and processing of Buyers ‘ personal data.
Post Video Card
Post Video Card limited liability company with its registered office in Suchy Las, address: Osiedle Szafirowe 2B 62-002 Suchy Las, Poland entered into the Register of Entrepreneurs kept by the District Court of Poznań , 8th Department Commercial KRS under KRS number 0000998514; NIP: 7792545918 ; REGON: 523458665; share capital PLN 5,000 ( fully paid )
tel.: +48 605895077
email: office@postvideocard.com
website address: www.postvideocard.com
Postcard
a card with a photo or picture available on the Website , used for short correspondence , which the User can personalize using the tools available on the Website . After concluding the Agreement, the postcard is subjected to the packaging process, in accordance with the Buyer ‘s personalization.
Technical break
related to the need to carry out repair, maintenance or modernization work, interruption in the availability of the Website , preventing or hindering the use of the Website.
Statute
these Regulations.
Service
Post Video Card website available at https://postvideocard.com
Higher Power
an event that could not have been foreseen while exercising the care required in professional relationships , which is external to both Post Video Card and the Buyer and which the consequences could not have been avoided , despite the exercise of due diligence.
Content
all content on the Website originating from Post Video Card, such as information, data, content , elements, materials , algorithms, diagrams, works, markings, logos, names, signs, symbols, descriptions and photos cia, regardless of their nature, format and method of recording or presentation.
Agreement
A contract concluded remotely between Post Video Card and the Buyer , the subject of which is the purchase by the Buyer from Post Video Card , via the Website , postcard and the service consisting in submitting the selected Postcard to the Confectioning process, in accordance with the Buyer ‘s personalization , and organizing its shipment to the Addressee as a ready-made Video QR Card, in exchange for payment of the agreed price.
A contract concluded remotely
concluded as part of an organized system of concluding distance contracts without the simultaneous physical presence of the parties , with the exclusive use of one or more means of distance communication until the conclusion of the contract including ;
Electronic Service
a service provided electronically by Post Video Card to the User via the Website.
User
a natural person with full legal capacity , and in cases provided for by generally applicable provisions , also a natural person with limited legal capacity , a legal person or an entity an organizational entity without legal personality which is granted legal capacity under the Act , including the Buyer , which uses the Website in any way , including Electronic Services.
order
User ‘s declaration of will submitted using the Order Form and aimed directly at concluding an Agreement with Post Video Card.
1. INTRODUCTION
1.1. These Regulations specify the conditions and rules regarding the use of the Website, making purchases through it and the provision of services by Post Video Card.
1.2. These Regulations are made available on the Post Video Card website free of charge to every person before concluding any contract. These Regulations are additionally made available to the User immediately before concluding the Agreement. These Regulations will also be made available – upon request – in a way that enables obtaining, reproducing and recording its content using the IT system used by the User . These Regulations are also available at the headquarters of Post Video Card, located at: Osiedle Szafirowe 2B 62-002 Suchy Las, Poland.
1.3. The User may conclude the Agreement only after reading and accepting the content of the Regulations and the Privacy Policy. Lack of acceptance of the Regulations or Privacy Policy by the User means resignation from concluding the Agreement. Conclusion of the Agreement constitutes acceptance of the Regulations and the Privacy Policy.
1.4. These Regulations are addressed to both Consumers and entrepreneurs using the Website , unless a given provision of the Regulations provides otherwise and is addressed only to Consumers or entrepreneurs.
1.5. The provisions of the Regulations relating to Consumers also apply to a natural person concluding a contract directly related to his or her business activity , when the content _ _ it follows from this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him.
1.6. The Privacy Policy , which supplements the Regulations and constitutes part thereof , is available at : https://postvideocard.com
1.7. The Cookie Policy, which supplements the Regulations and constitutes part thereof, is available at: https://postvideocard.com
2. ELECTRONIC SERVICES ON THE WEBSITE
2.1. The Electronic Service available on the Website is the Order Form.
2.2. The Order Form is used on the terms set out in points 3.3 . – 3/13.
2.3. The Order Form , as an Electronic Service, is provided free of charge and is of a one-time nature and ends when the Order is placed via it or upon earlier discontinuation of the form . loading the Order through it by the User.
2.4. Technical requirements necessary for cooperation with the IT system used by Post Video Card:
a. computer, laptop or other multimedia device with Internet access;
b. access to e-mail;
c. Internet browser : Mozilla Firefox version … and higher or Internet Explorer version … and higher , Opera version … and higher , Google Chrome version … and higher higher, Safari version … and higher , Microsoft Edge version … and higher ;
d. recommended minimum screen resolution : 1024 × 768;
e. enabling the ability to save Cookies and Javascript support in the web browser.
2.5. Complaints related to the provision of Electronic Services by Post Video Card and other complaints related to the operation of the Website (except for the complaint procedure under the Agreement , which procedure has been indicated in point 8 of the Regulations ) the User may submit, among others:
a. in writing to the following address: Osiedle Szafirowe 2B 62-002 Suchy Las, Poland;
b. in electronic form via e- mail to the following address: office@postvideocard.com;
2.6. In order to facilitate and accelerate the consideration of complaints about Electronic Services by Post Video Card, it is recommended that the User provide in the description of the complaint:
a. information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity;
b. User requests;
c. contact details of the person submitting the complaint – . The requirements set out in the previous sentence have the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.7. Post Video Card responds to a complaint about Electronic Services immediately, no later than 14 calendar days from the date of its submission.
3. CONDITIONS OF CONCLUDING A CONTRACT
3.1. Post Video Card provides services consisting in the sale of cards via the Postcard Service , which are subject to the process of packaging in accordance with the Buyer’s personalization and organizing their shipment as ready -made Video QR Cards . – on the terms set out in these Regulations.
3.2. The Content, including descriptions and prices, posted on the Website do not constitute an offer of Post Video Card, but only an invitation to submit offers to conclude an Agreement within the meaning of Art. 71 of the Polish Civil Code.
3.3. The conclusion of the Agreement between the Buyer and Post Video Card takes place after the Buyer, as a User, places an Order using the Order Form on the Website.
3.4. The use of the Order Form begins when the User adds the Postcard to the electronic cart on the Website. Post Video Card allows you to create an additional graphic postcard template , related to a city or city, which is not available on the Website. For this purpose, the User should place an Order using the ” YOUR PLACE ” tab available on the Website and indicate the city and country of his choice. As part of the execution of the Order, Post Video Card will create an additional graphic template for the Postcard solely based on its own design and content, including: photos , icons, illustrations, fonts or templates for which Post Video Card holds copyright. The user has no influence on the appearance of the Additional graphic template. All copyrights to the additional graphic template of the postcard remain with Post Video Card. Post Video Card reserves the right to later make available on the Website an additional graphic template of the Postcard , created on the terms set out in this point, for the benefit of other Users.
3.5. The user can personalize the Postcard template of his choice , using the tools available on the Website. In particular , the user can add his own text and/or video. A video can be a maximum of one minute long and cannot be larger than 100 megabytes (MB). The video will be stored on Post Video Card servers for a period of at least 1 year and during this period, counting from the moment of conclusion of the Agreement, it will be available for viewing by the Buyer and third parties . Video will only be accepted in the following formats: mov, mp4, mpeg and all format from device . The video cannot contain content, symbols or graphics that are contrary to the law, in particular content, symbols or graphics that are generally considered offensive, insulting , vulgar, or contrary to good customs, inciting religious hatred. , political or racial, as well as violating the copyrights of third parties . Post Video Card reserves the right to remove films presenting the above-mentioned content earlier without prior consultation with the User.
3.6. When placing an Order , the User provides his/her personal data and correspondence data of the Addressee – necessary for the proper performance of the Service , i.e. (i) User’s data – in the case of natural persons : name and surname, residential address, correspondence address (if different from the residential address ) , e-mail address, telephone number, and in the case of natural persons running a business , legal persons and organizational units without legal personality , to which the Act grants legal capacity : company / name, registered office address, e-mail address, telephone number, NIP number, (ii) data of the Addressee – in the case of natural persons : name and surname , correspondence address, in the case of natural persons running a business , legal persons and organizational units without legal personality , to which the Act grants legal capacity : name/company, correspondence address. For one Order, the User may provide only one correspondence address of the Addressee or Addressees.
3.7. An order is placed after the User completes the Order Form , accepts the Regulations, clicks the ” I am ordering with an obligation to pay ” box on the Website and makes the payment . – up to this point, it is possible to modify the entered data yourself . For this purpose, please follow the displayed messages and information available on the Website.
3.8. After placing the Order, the User will receive an e-mail containing an automatic order confirmation ( ” Automatic order confirmation ” ) . Automatic order confirmation does not mean acceptance of the Order by Post Video Card, but only documents the fact of receipt of the Order placed by the User . The contract is concluded only when Post Video Card accepts the Order by sending the User an e -mail containing a declaration of acceptance of the Order . Post Video Card also reserves the right to refuse to accept an Order . The Order will be accepted immediately , but no later than within 48 hours from the moment the User places the Order . Failure to accept the Order within the period referred to in the previous sentence is tantamount to refusal to accept the Order.
3.9. Together with the Automatic Order Confirmation, the User will also receive the content of these Regulations. The User may save the Regulations on a computer or other personal device and retrieve them as needed . The Regulations can also be downloaded as a file independently from the Website in PDF format.
3.10. Correctly defined and accepted Order is accepted for execution. The Postcard graphic template selected and personalized by the Buyer is subjected to the Packaging process by the Post Video Card, in accordance with the Buyer ‘s personalization , and then the ready Video QR Card is sent to the Addressee at the Postal Operator’s facility.
3.11. The user does not specify the parameters of the Video QR Card, including the type of paper on which the Video QR Card will be printed (e.g. weight, color, etc.), print color (e.g. black and white or color), Video QR Card size and envelope size (e.g. DL, C5, C4 etc.). These parameters are determined unilaterally by Post Video Card. Before placing an Order , the User may be able to select individual parameters from several previously specified by Post Video Card. The choice is made possible by providing the User with options to choose from on the Website before placing the Order.
3.12. The User does not select the Postal Operator who will deliver the Video QR Card to the Addressee, nor the type of shipment ( e.g. ordinary letter , registered letter, registered letter with return delivery confirmation , etc.). This selection is made by Post Video Card, based on the current offer of the selected Postal Operator.
3.13. The ready Video QR Card will be sent to the Addressee within 7 business days, counting from the day on which the Order was accepted . Please note that the address details of the Post Video Card, not the Buyer, will be included on the envelope as the sender’s details.
3.14. Any undelivered Video QR Cards that will be returned to Post Video Card by the Postal Operator will be sent back the Post Video Card individually at the request and expense of the Buyer and to the address indicated by him. The remaining returned Video QR Cards are stored by Post Video Card for a period of 12 months . After this date, the envelopes and their contents are destroyed and an appropriate report is prepared.
3.15. Data regarding the Buyer ‘s order , including accounting documents confirming the Agreement concluded via the Website , are stored in the system for the period required by the relevant legal provisions.
4. PAYMENTS
4.1. Each Order must be paid using the payment method offered on the Website – before it is accepted by Post Video Card . Products will be shipped only after Post Video Card has received payment . If you refuse to accept the Order , Post Video Card will refund the payment on the terms set out in points 11.1. and 11.2. these Regulations.
4.2. All prices indicated on the Website are gross prices and include all components, such as customs duties and taxes, including VAT. Shipping costs are borne by the Buyer. Unless otherwise agreed on the Website and during the processing of the Order, shipping costs are included in the final price of the Products. Any fees or charges that will be added to the Product price and will be visible to the User when placing the Order and before submitting it.
4.3. Currently , Post Video Card accepts payments in the following currencies:
a. Polish zloty (PLN)
b. Euro ( € )
c. British pound ( £ )
d. US dollar (USD)
e. Chinese yuan (CNY)
f. Japanese yen (JP ¥ )
4.4. Payments can be made:
a. using a credit card accepted by Post Video Card (VISA, Mastercard, American Express), or
b. PayPal.
4.5. The choice of payment methods available to the Buyer rests with Post Video Card . In particular, Post Video Card reserves the right to offer the Buyer only selected payment methods , e.g. only PayPal , in order to protect Post Video Card’s credit risk.
4.6. Payment by credit card is made by entering in the appropriate fields of the order dialog : credit card number, name and surname, expiry date and , if applicable , CVC number. Post Video Card uses the Secure Socket Layer (SSL) encryption method, which currently meets the highest security standards on the Internet. As soon as the Buyer enters his details during payment and clicks the confirmation button, the information is transmitted in encrypted form. This means that they are not available to third parties.
4.7. When paying via PayPal , there are two options:
a. if the Buyer has a PayPal account: after clicking the “I order and pay” button, he automatically goes to the PayPal login page . The buyer logs in to the PayPal account using his / her access data and processes the payment.
b. if the Buyer does not have a PayPal account: the information “Don’t have a PayPal account?” will appear in the PayPal payment dialog . There is a “Continue” link there . The buyer clicks on this link to be able to select a payment method as a guest . The buyer can then choose between MasterCard , VISA and American Express and complete the payment.
4.8. After placing the Order, the User cannot change the selected payment method. If no effective payment is made, the User who still wants to purchase the Product should place the Order again.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Post Video Card will make every effort to ensure that the Website and all services made available through it operate continuously without any disruptions.
5.2. Post Video Card reserves the right to temporarily, completely or partially disable the operation of the Website in order to improve it, add services or carry out maintenance. Information about the temporary, total or partial shutdown of the Website will appear on the Website in advance.
5.3. Post Video Card has the right to immediately prevent access to data transferred to the Website by the User in the event of receiving an official notification or obtaining reliable information about the illegal nature of the data or activity related to them . sci . If it receives reliable information about the illegal nature of the data or related activities, Post Video Card will inform the User about such intention before preventing access to the data.
5.4. Post Video Card reserves the right to refuse to provide the service and / or unilaterally, immediately terminate/withdraw the contract for the provision of services by electronic means in a situation and the Agreement when:
a. the materials provided by the User contain content that is illegal, vulgar, offensive , pornographic or otherwise violates the principles of social coexistence,
b. the User sends unsolicited commercial information,
c. the User provides false own data , addressees , senders or data of non- existent addressees or senders,
d. violates the provisions of the Regulations in a flagrant or persistent manner.
5.5. The User is obliged not to send via the Website unsolicited commercial information, content that is illegal, vulgar, offensive , pornographic or otherwise violating the principles of coexistence . good morning.
5.6. The User is obliged to make a backup copy of all data stored on the Website and store it outside the Website’s resources.
5.7. Post Video Card is obliged to maintain the secrecy of correspondence and the confidentiality of content and other data provided by the User.
5.8. The User is obliged to provide only true data of existing Addressees and Senders.
6. COPYRIGHT
6.1. All rights to the Website and its elements, including:
a. software,
b. functional system,
c. graphic elements,
d. internet domain names,
e. databases subject to protection under the Polish Act of 27 July 2001 on the protection of databases;
f. works subject to protection under the Polish Act of 4 February 1994 on copyright and related rights,
g. trademarks protected under the Polish Act of 30 June 2000 on industrial property law;
h. other content and services subject to protection under applicable regulations , including the Polish Act of April 16, 1993 on combating unfair competition,
– with the exception of content originating from and distributed by Users , they belong to Post Video Card and/or entities cooperating (third parties) with Post Video Card and are subject to legal protection. If the rights in question are vested in third parties , Post Video Card presents content on the Website on the basis of appropriate agreements concluded with these third parties, in particular on the basis of license agreements and transfer agreements . copyrights , or pursuant to applicable legal provisions in this regard.
6.2. Using the Website and/or concluding an Agreement with Post Video Card does not mean that the User acquires any rights to the Website or to its individual elements referred to in point 6.1 above.
6.3. Without the prior consent of Post Video Card, Buyers and /or other persons using the Website may use the Website and the works and databases contained therein only within the scope of fair use provided for in the Copyright Act. and related rights and the Database Protection Act. In particular, it is unacceptable:
a. and publicly making available on the Internet the Website or its individual elements referred to in point 6.1 or parts thereof , except for the cases indicated in the obligations applicable legal provisions in this respect;
b. downloading the contents of databases and reusing them in whole or in significant part.
6.4. A person who wanted to use the Content (especially works) made available on the Website to a wider extent than that indicated in point 6.3. above or has doubts about the permissible scope of use of these Contents (especially songs), please contact Post Video Card.
6.5. By posting (uploading) any content and/or own files on the Website, the User declares that they are free from any physical and legal defects and claims of third parties, and that he has all the rights and consents required by applicable law, in particular proprietary copyrights and rights to use the image, as well as to ensure that the content and/or or your own files could be made available on the Website and/or in order to perform the Agreement and this will not violate any rights or rights of third parties . The User declares that the content posted (uploaded) on the Website will not violate applicable legal provisions in any other way.
6.6. The User grants Post Video Card a free, non – exclusive license to use the content and/or own files transferred by him to the Website, constituting works within the meaning of the provisions of the Act of February 4, 1994 on copyright and related rights.
6.7. Based on the license granted, Post Video Card has the right to use the works only to the extent necessary to perform the Agreement. The license covers the use of works in the following fields of exploitation:
a. in the field of recording and reproducing the work – producing copies of the work using specific techniques, including printing, reprographic, magnetic recording and digital techniques,
b. in the scope of trade in the original or copies on which the work was recorded – free provision of works to persons and third parties, including those indicated by the Buyer as Addressees.
6.8. Post Video Card cannot transfer the rights resulting from the granted license to third parties without the User’s written consent.
6.9. The User is obliged not to send via the Website unsolicited commercial information, content that is illegal, vulgar, offensive, pornographic or otherwise violating the principles of coexistence.
7. RESPONSIBILITY
7.1. In the event of damage on the part of the Buyer who is a Consumer, resulting from non – performance or improper performance of the Agreement by Post Video Card, the Buyer who is a Consumer may to demand that Post Video Card repair this damage on the terms set out in applicable law, in particular the Polish Civil Code and the Polish Act of May 30, 2014 on consumer rights.
7.2. Post Video Card is not liable for damage caused by failure by the Buyer , including the Buyer who is a Consumer , to culpably comply with the provisions of these Regulations and applicable regulations.
7.3. Post Video Card is not liable for any damage resulting from the provision of false, incomplete or incorrect data by the Buyer , including the Buyer who is a Consumer , and/or by the Addressee.
7.4. To the extent permitted by applicable law , Post Video Card is not responsible for any disruptions , including interruptions in the functioning of services or systems on the Website caused by incorrect functioning of software external to the The Website is beyond the control of Post Video Card, unauthorized interference by the User or third parties , Force Majeure , or Technical Breaks . None of the provisions limits or excludes liability for damages caused by the culpable actions of Post Video Card.
7.5. Post Video Card is not responsible for the content and content of files entered by Users via the Website and directed to the Addressees as part of the implementation of the Agreement.
8. COMPLAINTS
8.1. Post Video Card is obliged to perform the service with due diligence and deliver the product without defects . Post Video Card is responsible for the compliance of the products and services offered with the Agreement ( i.e. the content of the Regulations and any other arrangements with the Buyer ) under the terms specified in applicable laws . legal provisions, in particular the Polish Civil Code and the Polish Act of May 30, 2014 on consumer rights.
8.2. The buyer may submit a complaint according to the procedure described in this point . The following provisions regarding complaints do not in any way exclude , limit or suspend the Consumer ‘s rights arising from applicable legal provisions.
8.3. In order to submit a complaint in connection with the conclusion of the Agreement, the Buyer should complete the complaint form , in which he will describe the defect , and then send it to Post Video Card electronically at e-mail address: office@postvideocard.com or by traditional mail to the following address: registered office of the company Post Video Card spółka z ograniczoną odpowiedzialnością Osiedle Szafirowe 2B, 62-002 Suchy Las, . The complaint form must be accompanied by a copy of the document confirming the conclusion of the Agreement. In order to speed up the processing of the complaint by Post Video Card, it is recommended that the description of the complaint include : (1) information and circumstances regarding the subject of the complaint, in particular the type of defect and the date of its occurrence foam; (2) a proposed solution , e.g. a request for compliance with the Agreement or a declaration of a price reduction or withdrawal from the Agreement, and (3) contact details of the person submitting the complaint.
8.4. Post Video Card will consider the complaint immediately , but no later than 14 business days from the date of its receipt . Post Video Card will inform the authorized person about the method of considering the complaint electronically or by traditional mail – to the Buyer ‘s e-mail or correspondence address provided in the complaint form.
8.5. Post Video Card is liable under warranty for physical defects that existed at the moment the risk passed to the Buyer or resulted at the same moment.
8.6. If a complaint is submitted to Post Video Card regarding the services of the Postal Operator, it will be forwarded to the appropriate Postal Operator . In such a case, the deadline for considering the complaint is extended by the time for considering the complaint by the Postal Operator.
8.7. The provisions of these Regulations regarding the consideration of warranty complaints shall apply accordingly to complaints about services provided by Post Video Card.
9. WARRANTY RULES
9.1. Video QR cards, services and other products sold/provided by Post Video Card are not covered by warranty.
10. RIGHT TO WITHDRAW FROM THE CONTRACT / LIMITATION
10.1. Subject to the provisions of points 10.2 . , 10.3. and 10.4. below , a Buyer who is a Consumer who has concluded a distance contract may withdraw from it within 14 days without giving a reason and , in principle, without incurring any costs.
10.2. The Buyer who is a Consumer does not have the right to withdraw from a distance contract in the cases specified in point 10.4. Following the content of point 10.4 . lit. a. below , it is specified that the right to withdraw from the Agreement concluded with Post Video Card does not apply to the Buyer who is a Consumer if Post Video Card has fully performed service with the express consent of the Buyer who is a Consumer , who was informed before the provision of the service that he would lose the right to withdraw after the performance by Post Video Card. money from the contract.
10.3. Pursuant to the content of point 10.4 . lit. c. below , it is specified that most of the products sold by Post Video Card, including in particular Video QR Cards, are personalized . These products are manufactured in accordance with the specific, individual wishes of the Buyer or serve to meet his individual needs, therefore they are not prefabricated goods and therefore they are not suitable for the Buyer who is a Consumer. provides the right to withdraw from the Agreement concluded with Post Video Card in relation to such products.
10.4. The right to withdraw from a distance contract is not available to the Consumer in relation to contracts:
a. provision of services for which the consumer is obliged to pay a price , if the trader has fully performed the service with the express and prior consent of the consumer , which the supplier was informed before the commencement of the service that after the entrepreneur had completed the service , he would lose the right to withdraw from the contract, and he acknowledged this;
b. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract;
c. in which the subject of the service is non-prefabricated goods, manufactured according to the consumer’s specifications or serving to meet his individual needs;
d. in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
e. in which the subject of the service is goods delivered in a sealed package which , after opening the package , cannot be returned for health protection or hygiene reasons , if the packaging was opened after delivery;
f. in which the subject of the service are goods which, after delivery, due to their nature , are inseparably combined with other goods;
g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales contract , the delivery of which may take place only after 30 days and which the value depends on market fluctuations over which the entrepreneur has no control;
h. in which the consumer did not expressly request that the entrepreneur come to him for urgent repairs or maintenance ; if the entrepreneur additionally provides services other than those requested by the consumer , or supplies goods other than spare parts necessary for repair or maintenance , the right to withdraw from the contract entitles the consumer to additional services or goods;
i. in which the subject of the service are audio or visual recordings or computer programs delivered in a sealed package , if the package was opened after delivery;
j. for the supply of newspapers , periodicals or magazines, with the exception of a subscription contract;
k. concluded by public auction;
l. provision of accommodation services other than for residential purposes , transportation of goods , car rental , catering , services related to recreation , entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
m. for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the trader commenced the service with the express and prior consent of the consumer , who was informed before the commencement of the service that after the trader has completed the service, he will lose the right to withdraw from the contract , and has acknowledged this , and the trader has communicated this to the consumer confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1;
n. the supply of services for which the consumer is obliged to pay a price, for which the consumer has not expressly requested the trader to come to him for repairs , and the service has already been fully performed with the express and prior consent of the consumer.
10.5. Notwithstanding the provisions of points 10.2., 10.3. and 10.4. above, the Buyer who is a Consumer who has the right to withdraw from the Agreement (e.g. in the case of non -personalized products) may withdraw from the Agreement immediately a 14-day reflection period without giving reasons. The reflection period referred to above generally begins with the Buyer who is a Consumer or a third party indicated by him (another) taking possession of the goods. than the carrier), or:
a: if the Buyer who is a Consumer has ordered many products in one order, which are delivered separately, in batches or in parts, after taking possession of the last product, its lot or part;
b. in the case of a contract for the regular delivery of products for a specified period of time, from the time the Buyer who is a Consumer or a third party indicated by him takes possession of the first product;
c. in the case of other contracts , from the date of conclusion of the contract.
10.6. In the event of exercising the right of withdrawal, the Buyer who is a Consumer is obliged to inform Post Video Card about it within the appropriate deadline specified in point 10.5 . above ej . To meet the deadline, it is sufficient to send a declaration of withdrawal before the deadline, e.g. electronically to the e-mail address: office@postvideocard.com, or by traditional mail to the address of the company’s registered office Post Video Card spółka z ograniczoną odpowiedzialnością Osiedle Szafirowe 2B, 62-002 Suchy Las, Poland. The notice of withdrawal must be accompanied by a copy of the document confirming the conclusion of the contract.
10.7. A declaration of withdrawal from the contract may be submitted using the form , the template of which is Annex No. 1 to these Regulations or Annex No. 2 to the Polish Act on May 30, 2014 on consumer rights. Using the form is not obligatory.
10.8. In the event of effective withdrawal by the Buyer who is a Consumer from the Agreement, under the conditions specified in these Regulations, Post Video Card will cease further performance of this Agreement, and the Agreement will be deemed not to have been concluded.
10.9. In the event of effective withdrawal by the Buyer who is a Consumer from the Agreement, under the conditions specified in these Regulations, Post Video Card is obliged to immediately , no later than within 14 days from the date of receipt of the declaration of the Buyer who is a Consumer on withdrawal from the Agreement, appropriately return to the Consumer all payments made by him , on the terms set out in points 11.1. and 11.2. Regulations.
10.10. The Buyer who is a Consumer is obliged to return the Post Video Card product immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or hand it over to a person authorized by Post Video Card to collect it. To meet the deadline, it is enough to return the product before its expiry . The Buyer who is a Consumer may return the product to the following address: Osiedle Szafirowe 2B, 62-002 Suchy Las, Poland.
11. REFUND OF PAYMENTS
11.1. Post Video Card refunds the payment using the same payment method used by the User, unless the User expressly agreed to a different method of refund, which does not involve any costs for him.
Video Card will refund the amount due immediately, but no later than within 14 calendar days in the event of:
a. effective exercise by the Consumer of the right to withdraw from the Agreement – Post Video Card may withhold the refund of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on depending on which event will occur first;
b. acceptance of the complaint and the impossibility of replacing the product or removing the product defect;
c. refusal to accept the Order by Post Video Card;
d. withdrawal from the Agreement by Post Video Card in the situations specified in these Regulations or generally applicable legal provisions.
12. INFORMATION ON OUT- OF – GOVERNMENT METHODS OF HANDLING COMPLAINTS AND RESOLVING CLAIMS FOR CONSUMERS
12.1. The consumer has the opportunity to use out-of – court complaint handling and redress, in particular:
a. request the initiation of proceedings for the out-of – court resolution of consumer disputes (the applicant may request the possibility of approximating the positions of the parties in order to resolve the dispute by its parties or presenting a proposal to the parties to resolve the dispute) to the voivodeship inspector competent for the place of business activity by the entrepreneur, pursuant to Art. 36 of the Polish Act of December 15, 2000 on Trade Inspection;
b. submit a request for resolution of a dispute over property rights arising from the agreement to the permanent consumer arbitration court at the Provincial Inspector of Trade Inspection, referred to in Art. 37 of the Polish Act of December 15, 2000 on the Trade Inspection, including that the Consumer is entitled to contact a permanent consumer arbitration court or the provincial inspector of the Trade Inspection.
12.2. The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection. Information on how to access the above -mentioned. The mode and procedures for resolving disputes can be found at the following address : http://www.uokik.gov.pl , in the “Amicable resolution of consumer disputes” tab.
12.3. Pursuant to Art. 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation ( EC ) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes) Post Video Card provides an electronic link to the ODR (Online Dispute Resolution) platform for out – of – court dispute resolution : http://ec.europa.eu/ consumers/odr/, as well as the Post Video Card e-mail address: office@postvideocard.com
13. FINAL PROVISIONS
13.1. Provisions of point 13.1. – 13.7. The Regulations apply only to Users who are not Consumers.
13.2. Post Vide Card has the right to withdraw from the Agreement concluded with a Buyer who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement in this case may take place without giving a reason and does not give rise to any claims against the Post Video Card on the part of the Buyer who is not a Consumer.
13.3. In the case of Users who are not Consumers , Post Video Card has the right to limit the available payment methods.
13.4. When Post Video Card issues a Video QR Card to the Postal Operator, the benefits and burdens related to the Video QR Card and the risk of its accidental loss or loss are transferred to the Buyer who is not a Consumer . damage. In such a case, Post Video Card is not responsible for the loss , loss or damage of the Video QR Card occurring from its acceptance by the Postal Operator until its issuance to the Buyer who is not a Consumer and for delay in the transport of the shipment.
13.5. Post Video Card’s liability under product warranty towards the Buyer who is not a Consumer is excluded.
13.6. The case of Users who are not Consumers, the Service Provider may terminate the Electronic Service contract with immediate effect and without indicating reasons by sending an appropriate notice to the Service User benefits.
13.7. Post Video Card ‘s liability towards a User who is not a Consumer, regardless of its legal basis , is limited – both within a single claim and for any claims in total – up to the amount of the price paid and delivery costs under the Agreement, but not more than up to one thousand zlotys . Post Video Card is liable to the User who is not a consumer only for typical damages foreseeable at the time of conclusion of the Agreement and is not liable for lost profits to the User who is not a consumer.
13.8. Any disputes arising between Post Video Card and a User who is not a Consumer shall be submitted to the court having jurisdiction over the registered office of Post Video Card.
14. FINAL PROVISIONS
14.1. The regulations may change. Post Video Card will inform you about the content of changes to the Regulations by placing a message on the main page of the Website about changes to the Regulations, containing a summary of changes to the Regulations and maintaining this information on the website for a period of at least 21 consecutive calendar days, The Buyer who is a Consumer will be additionally notified by Post Video Card by sending information containing a summary of changes to the Regulations to the e-mail address indicated in the order. Information about changes to the Regulations will take place no later than 14 calendar days before the entry into force of the amended Regulations. If the Buyer does not accept the new content of the Regulations, he or she is obliged to notify Post Video Card of this fact within 14 days from the date of being informed about the change in the Regulations.
14.2. In matters not regulated in the Regulations, the provisions of Polish law shall apply, in particular the Act of April 23, 1964 – Civil Code, the Act of May 30, 2014 on consumer rights and the Act of July 18, 2002 on providing services electronically.
14.3. If any provision of the Regulations turns out to be invalid, it shall not affect the validity of the remaining provisions . Invalid provisions will be replaced by applicable legal provisions.
14.4. The following annexes to the Regulations constitute their integral part:
a. Annex No. 1 – Withdrawal form (Download here)
b. Privacy Policy
c. Cookies policy
The Regulations enter into force on: November 5, 2023.
