Terms, conditions and privacy policy

These Terms and Conditions define the general terms, rules, and manner of sales conducted by Imagine s.c. and specify the terms and conditions for the provision of free electronic services by Imagine s.c.

§1. Definitions.

1. Seller’s Office – Imagine s.c. Cholerzyn 501, 32-060 Liszki

2. Business Days – means the days of the week from Monday to Friday, excluding public holidays.

3. Delivery – means the actual act of delivering the Goods specified in the order to the Client by the Seller, via the Carrier.

4. Carrier – means a courier company cooperating with the Seller for the delivery of Goods or the Seller’s own transport.

5. Password – means a string of letters, numbers, or other characters chosen by the Client, used to secure access to the Client Account on the B2B Platform. The Password is set by the Seller during the Client’s Registration on the B2B Platform.

6. Client – means a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf.

7. Client Account – means an individual panel for each Client, launched for them by the Seller.

8. Login – means an individual identifier for the Client, set by the Seller, consisting of a string of letters, numbers, or other characters, required together with the Password to log in to the Client Account on the B2B Platform.

9. Registration – means the actual act performed in the manner specified in the Terms and Conditions, required for the Client to use all functionalities of the B2B Platform.

10. Seller – means the entity conducting business under the name Imagine s.c. Dominika Pamuła, Krzysztof Pamuła, based in Cholerzyn (address: 32-060 Liszki, Cholerzyn 501), NIP PL6772374005, REGON 122797521.

12. B2B Platform Website – means the websites on which the Seller operates the B2B Platform, operating in the domain: b2b.smartprint24.com.

13. Goods – means the product presented by the Seller via the B2B Platform Website.

14. Sales Agreement – means a sales agreement concluded electronically under the terms specified in the Terms and Conditions, between the Client and the Seller.

§2. General Provisions.

1. All rights to the B2B Platform, including proprietary copyrights, intellectual property rights to its name, internet domain, B2B Platform Website, as well as to templates, forms, and logos, belong to the Seller, and their use may only occur in the manner specified and in accordance with the Terms and Conditions.

2. The B2B Platform is made available by the Seller via the Internet and the B2B Platform Website, as a resource of the ICT and IT system.

§3. Use of the B2B Platform.

1. Use of the B2B Platform means any activity by the Client that leads to familiarization with the content on the B2B Platform Website, subject to the provisions of §4 of the Terms and Conditions.

2. Use of the B2B Platform may only take place on the terms and within the scope specified in the Terms and Conditions.

3. The Seller will make efforts to ensure that the use of the B2B Platform is possible for Clients using all popular web browsers, operating systems, types of computers, and types of internet connections. The Seller does not guarantee and is not responsible for every configuration variant of electronic equipment owned by the Client enabling the use of the B2B Platform. The minimum technical requirements enabling the use of the B2B Platform Websites, subject to the previous sentence, are a web browser with JavaScript enabled and accepting “cookies” files.

4. To place an order on the B2B Platform and to use the Services available on the Store’s Websites, the Client must have an active email account.

5. The Client, when using the B2B Platform, is not entitled to interfere in any way with the content, structure, form, graphics, or operation mechanism of the B2B Platform.

6. It is prohibited for the Client to provide unlawful content and to use the B2B Platform, the B2B Platform Website, or free services provided by the Seller in a manner contrary to the law, good practices, infringing the personal rights of third parties, or the legitimate interests of the Seller.

7. The Client is entitled to use the resources of the B2B Platform only for their own use. It is not permissible to use the resources and functions of the B2B Platform to conduct activities by the Client that would violate the interests of the Seller.

8. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Clients’ data by unauthorized persons, therefore Clients should use appropriate technical measures to minimize the above risks. In particular, use antivirus programs and identity protection for Internet users. The Seller never asks the Client to provide the Password in any form.

§4. Registration.

1. To create a Client Account, the Client notifies the Seller of their intention to join the B2B Platform.

2. Registration is necessary for Clients to place orders on the B2B Platform.

3. To register, the Client fills out a form on the B2B website.

4. The registration form must be completed in accordance with the following rules:

a) The Client should fill in all fields of the registration form unless the field is marked as optional;

b) The information entered in the registration form should concern only the Client and be true, with the Client being responsible for the truthfulness of the information entered in the registration form,

c) The Client should read the content of the Terms and Conditions,

d) The Client should consent to the processing of their personal data contained in the registration form for the purpose of providing services to them and for statistical purposes, with the Client having the right to access, correct, and delete their data.

5. Sending the completed registration form is equivalent to:

a) acknowledging and accepting the provisions of the Terms and Conditions by the Client,

b) concluding a contract for the provision of services by the Seller in the form of maintaining a Client Account,

c) authorizing the Seller to process the Client’s personal data contained in the registration form for the purpose of providing the Client Account service and for statistical purposes, and consenting to the Seller sending information related to the technical support of the Client Account to the email address provided by the Client during Registration.

6. During Registration, the Client may consent to the processing of their personal data for marketing purposes. In such a case, the Seller clearly informs about the purpose of collecting the Client’s personal data, as well as about the known or anticipated recipients of this data. Consent to the processing of personal data for marketing purposes includes that:

a) consent is voluntary and may be withdrawn at any time,

b) the Client to whom the personal data relates has the right to access, correct, and delete their personal data,

c) the provision of personal data to the Seller is made by checking the appropriate box in the registration form.

7. Consent to the processing of personal data for marketing purposes means, in particular, consent to receive commercial information from the Seller or advertisers cooperating with the Seller to the Client’s email address provided in the registration form.

8. The Client is obliged to make every effort to keep the Password confidential and not to disclose it to third parties. If circumstances indicate a suspicion that the Password has been obtained by an unauthorized person, the Client is obliged to immediately notify the Seller using available means of communication. In such a situation, the Client will receive a new password from the Seller.

9. The Seller creates and implements safeguards against unauthorized use, duplication, or distribution of content contained on the B2B Platform Website. If the Seller applies such safeguards, Clients undertake to refrain from any actions aimed at removing or circumventing such safeguards or solutions.

§5. Orders, Payment, and Order Fulfillment.

1. The information contained on the B2B Platform Website does not constitute an offer by the Seller.

2. The Client may place orders on the B2B Platform 7 (seven) days a week and 24 (twenty-four) hours a day via the B2B Platform Website.

3. The Client completes the order by selecting the Goods they are interested in, specifying the quantity for each Good, and by selecting the “Calculate” command, adds it to the “CART”. After completing the entire order and selecting the “ORDER” command in the “CART”, the Client fills out the delivery address form. After specifying the delivery address, the Client, by selecting the “ORDER” command, places the order by sending the order form to the Seller. Each time before sending the order to the Seller, the total price of the selected Goods is provided. The cost of Delivery of the ordered Goods will be presented to the Client after the order is submitted for processing.

4. Placing an order constitutes an offer by the Client to the Seller to conclude a sales agreement for the Goods covered by the order.

5. After placing the order, the Seller sends a confirmation of order receipt to the email address provided by the Client. The confirmation of order receipt is a statement by the Seller of acceptance of the offer referred to in §5 sec. 4 above.

6. Based on the order placed, the Seller verifies the availability of the Goods ordered by the Client on the B2B Platform.

7. If the ordered Goods are not available on the B2B Platform or the order cannot be fulfilled for other reasons, including if the purchase of Goods from the Seller’s suppliers is not possible within the time specified for order fulfillment, the Seller will inform the Client electronically or by phone about the circumstances.

8. If order fulfillment proves impossible, the Seller may offer the Client:

a) cancellation of the entire order (choosing this option by the Client releases the Seller from the obligation to fulfill the order);

b) cancellation of the order in the part that cannot be fulfilled within a reasonable time (choosing this option by the Client releases the Seller from fulfilling the order to the extent that it cannot be fulfilled);

c) division of the order and specifying the fulfillment date for the part of the order that cannot initially be fulfilled (choosing this option by the Client means that Delivery will be made in separate shipments, and the Client will not incur additional Delivery costs related to the division of the order).

9. If the ordered Goods are not available or the order cannot be fulfilled for other reasons, in particular if the Seller cannot obtain the ordered Goods within a reasonable time, the Seller may withdraw from the sales agreement within 7 (seven) days from the date of its conclusion.

10. The Seller reserves the right to withdraw from the sales agreement within 14 (fourteen) days from its conclusion if it was concluded during a malfunction of the B2B Platform’s IT system, including the B2B Platform Website, in particular in the case of displaying incorrect prices or product descriptions on the website.

11. In the case of positive verification of the availability of the Goods, the Client receives from the Seller, to the email address, information about the acceptance of the order for processing, subject to §5 sec. 15 below.

12. Prices on the B2B Platform Website next to each Good:

a) are net prices (excluding VAT) and are specified in Polish zloty,

b) do not include information regarding Delivery costs, which the Client will be informed about after placing the order,

c) do not include information about possible customs duties if the delivery address is outside Poland.

13. The final price binding the parties to the sales agreement is not the price of the Goods on the B2B Platform Website at the time of placing the order by the Client, but the price confirmed by the Seller on the VAT invoice after taking into account all order circumstances.

14. The Client makes payment for the ordered Goods after receiving the VAT invoice within the period indicated on the invoice by bank transfer to the Seller’s bank account. The Seller delivers the VAT invoice together with the Delivery of the ordered Goods.

15. The Client may modify orders until they receive information confirming the acceptance of the order for processing by the Seller to the Client’s email address. In particular, changes may concern the scope of the order, cancellation of all or part of the order, change of delivery address, or change of data on the VAT invoice. If the Client adds new Goods to an order already being processed but before the shipment is sent by the Seller, this may extend the order fulfillment time. In the case of cancellation of all or part of the order.

16. The Seller may post on the B2B Platform Website information about the approximate number of Business Days needed to fulfill the order.

17. Ordered Goods are delivered to the Client via the Carrier, to the address indicated in the order form.

18. The Seller sends the Client information by phone or email about when the Client will receive the Goods.

19. The Client should inspect the delivered shipment at the time and in the manner customary for shipments of this type, in the presence of the Carrier’s employee.

20. The Client has the right to request the Carrier’s employee to draw up an appropriate protocol in the event of a shortage or damage to the shipment.

21. The Client may collect the ordered Goods in person. Collection can be made at the Seller’s Office on Business Days, from 9:00 a.m. to 4:00 p.m., after prior arrangement of the collection date by email or phone.

22. If the Client is absent at the address indicated by them as the Delivery address when placing the order, subject to §5 sec. 18, the Seller will contact the Client electronically or by phone to re-arrange the delivery date and cost.

23. The Seller accepts empty ink and toner cartridges free of charge, but each time the intention to return such products must be preceded by a message to the service at: serwis@smartprint24.com. The email must include a list of returned products. Failure to send the form in advance to the above email address will result in refusal to accept the products.

We do not accept cartridges from other companies. If materials not originating from our company are sent, a fee of PLN 20.00 net / per kilogram will be charged.

§6. Complaints and Warranties.

1. The Client has the right to file a complaint about the Goods within one year from the date of Delivery, using the warranty rights, provided that within two months from the date on which they discovered the defect, they notify the Seller of the defect.

2. The Seller will respond to the complaint about the Goods submitted by the Client within 6 (six) hours of receiving the shipment and will inform them of the further course of action.

3. A necessary condition for considering a complaint about the Goods is the delivery by the Client of the complained Goods together with a description of the complaint (on the Seller’s form). The complained Goods should be sent to the Seller’s address. Once a month, the Seller covers the cost of this shipment, the second and subsequent times – the Client.

4. If the complaint is resolved in favor of the Client, the Seller will replace the complained product with a full-value one or issue a corrective invoice for the complained product within 1 (one) hour from the moment the complaint is resolved.

5. Goods sold by the Seller may be covered by a warranty granted by the relevant manufacturer or distributor. The Seller provides a warranty for products it manufactures.

6. In the case of Goods covered by a distributor’s or manufacturer’s warranty, the Client may complain about a defective product:

a. by exercising the rights under the granted warranty,

b. In such circumstances, the Client is obliged to file a complaint directly with the guarantor, the Seller is only an intermediary forwarding the complaint. The Client may, at their discretion, contact the warranty service directly or the Seller,

c. by exercising the rights to which the Client is entitled against the Seller under the warranty.

7. The Client may submit complaints to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted electronically and sent to the Seller’s email address. The complaint should include the Client’s Login and a description of the problem. The Seller, as far as possible, but no later than within 7 (seven) business days, will consider the complaint and respond to the Client’s email address provided in the complaint.

8. Quantity complaints are considered provided that the notification was made no later than 7 (seven) days from the receipt of the Goods by the Client.

§7. Free Services.

1. The Seller provides the following free electronic services to Clients:

a. maintaining a Client Account,

b. newsletter,

2. The services indicated in §9 sec. 1 above are provided 24 hours a day, 7 days a week.

3. The Seller reserves the right to choose and change the type, form, time, and manner of granting access to selected listed services, of which Clients will be informed in a manner appropriate for changing the Terms and Conditions.

4. The Client Account service is available after Registration, under the rules described in §4 and §5 of the Terms and Conditions.

5. The Newsletter service is available to any Client who activates the appropriate field in the registration form during Registration.

6. The Newsletter service consists of the Seller sending, to the Clients’ email addresses, electronic messages containing information about new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Clients who have subscribed.

7. Each Newsletter sent to Clients contains, in particular:

a) information about the sender,

b) a completed “subject” field specifying the content of the message,

c) information about the possibility and method of unsubscribing from the free service,

d) the newsletter.

8. The Client may submit comments to the Seller in connection with the use of the above-mentioned free services. Comments should be submitted electronically. The Seller, as far as possible, but no later than within 21 (twenty-one) Business Days, will respond to justified objections of the Client to the Client’s email address provided in the comments.

9. The Client may unsubscribe from the newsletter at any time by unsubscribing via the link included in each electronic message sent as part of the Newsletter service or by activating the appropriate field in the Client Account.

10. The Seller is entitled to block access to the Client Account and free services if the Client acts to the detriment of the Seller or other Clients, violates the law or the provisions of the Terms and Conditions, or if blocking access to the Client Account and free services is justified for security reasons – in particular: breaking the security of the B2B Platform Website or other hacking activities. Blocking access to the Client Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Client Account and free services. The Seller notifies the Client of the blocking of access to the Client Account and free services electronically to the address provided by the Client in the registration form.

§8. Liability.

1. The Seller is entitled to interruptions or disruptions in the provision of electronic services and the availability of the B2B Platform Websites if the reason is:

a) modification, modernization, expansion, or maintenance of the Seller’s ICT system or software,

b) force majeure, actions, or omissions of third parties (actions beyond the Seller’s control).

2. The Seller is liable only in the case of intentional damage and within the limits of actual losses incurred by the Client being an Entrepreneur.

3. The Seller is not liable for non-performance or improper performance of services provided electronically if caused by third parties (in particular telecommunications operators, providers of telecommunications and electricity connections). However, the Seller is liable as for its own act or omission for the acts or omissions of persons through whom it provides electronic services, as well as persons to whom it entrusts the performance of these services.

4. The Seller is not liable for the inability or difficulties in using the B2B Platform resulting from reasons attributable to the Client, in particular for the loss by the Client or acquisition by third parties (regardless of the method) of their Password. However, the Seller is liable if the loss by the Client or acquisition by third parties of their Password occurred due to reasons attributable to the Seller or for which the Seller is responsible.

5. The Seller is not liable for damages caused by actions or omissions of Clients, in particular for their use of the B2B Platform in a manner inconsistent with applicable law or the Terms and Conditions.

6. The sole source of the Seller’s obligations is these Terms and Conditions and mandatory provisions of law.

§9. Personal Data and “Cookies” Files.

1. The administrator of the Clients’ personal data provided to the Seller voluntarily during Registration and in the course of providing electronic services by the Seller or in other circumstances specified in the Terms and Conditions is the Seller.

2. Personal data will be processed by the Seller only on the basis of authorization to process data and only for the purpose of fulfilling orders or services provided electronically by the Seller and other purposes specified in the Terms and Conditions.

3. Personal data provided to the Seller is given voluntarily, with the reservation that failure to provide certain data specified in the Terms and Conditions during Registration prevents Registration and the creation of a Client Account and prevents the placement and fulfillment of the Client’s order.

4. Anyone who provides their personal data to the Seller has the right to access, correct, and delete it.

5. The Seller ensures the possibility of deleting personal data from the database, in particular in the case of deleting the Client Account. The Seller may refuse to delete personal data if the Client has not settled all obligations towards the Seller or has violated applicable law, and retaining personal data is necessary to clarify these circumstances and determine the Client’s liability.

6. The Seller protects the personal data provided to them and makes every effort to secure it against unauthorized access or use. The collection of Clients’ personal data is treated as a separate database, stored on the Seller’s server, in a special security zone, ensuring proper protection.

7. The Seller does not transfer, sell, or lend the collected Clients’ personal data to other persons or institutions, unless it is done with the explicit consent or at the request of the Client, in accordance with applicable law, or at the request of a court, prosecutor’s office, police, or other authorized body, in the event of a violation of the law by Clients.

8. The Seller reserves the right to disclose to companies and internet services cooperating with the Seller aggregate, general statistical summaries concerning Clients. Such summaries concern the viewership of the B2B Platform Websites and do not contain Clients’ personal data.

9. The Seller uses a “cookies” mechanism, which, when Clients use the B2B Platform Websites, are saved by the Seller’s server on the Client’s end device hard drive.

10. The use of “cookies” is intended to ensure the proper operation of the B2B Platform Websites on Clients’ end devices. This mechanism does not destroy the Client’s end device or cause configuration changes in the Client’s end devices or software installed on these devices. “Cookies” are not intended to identify Clients.

11. The Seller uses the “cookies” mechanism to:

a) remember information about Clients’ end devices,

b) verify and develop their offer,

c) for statistical purposes.

12. Each Client may disable the “cookies” mechanism in the web browser of their end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the B2B Platform Websites.

§10. Termination of the Agreement (does not apply to orders/sales agreements).

1. Each Party may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the acquired rights of the other Party before the termination of the agreement and the provisions below.

2. A Client who has registered terminates the agreement for the provision of electronic services by requesting the deletion of the Account from the Seller using any means of remote communication that allows the Seller to become acquainted with the Client’s declaration of intent, with the termination of the agreement taking effect after a notice period of 7 (seven) days.

3. Termination of the agreement does not release the Client from fulfilling obligations towards the Seller if such exist on the day of termination.

4. The Seller terminates the agreement for the provision of electronic services by sending the Client an appropriate declaration of intent to the email address provided by the Client during Registration.

§11. Final Provisions and Amendments to the Terms and Conditions.

1. The Terms and Conditions are effective from the date of publication on the B2B Platform Website and replace previously applicable B2B Platform regulations.

2. The content of these Terms and Conditions may be recorded by printing, saving on a medium, or downloading at any time from the B2B Platform Websites.

3. The Terms and Conditions may be amended. Each Client will be informed of the content of the amendments by the Seller by sending to the email address provided in the registration form information containing a summary of the amendments to the Terms and Conditions.

4. Notification of changes to the Terms and Conditions, as specified above, will take place no later than 7 (seven) Business Days before the amended Terms and Conditions are introduced. If a Client holding a Client Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller within 7 (seven) days from the date of notification of the change.

5. Lack of acceptance results in termination of the agreement in accordance with the provisions of § 10.

6. All orders accepted by the Store for fulfillment before the date of the amendment to the Terms and Conditions are fulfilled based on the regulations in force on the date the order was placed by the Client.

7. If any part of the Terms and Conditions proves invalid or ineffective under applicable law, that part should be interpreted in such a way as to be consistent with the applicable law and reflect as closely as possible the intentions of the provision. The remaining parts of the Terms and Conditions remain in full force and effect.

8. In the event of a dispute arising from the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to resolving any disputes arising from these Terms and Conditions is Polish law. 

9. The Terms and Conditions come into force on 01.05.2013.