TERMS AND CONDITIONS OF THE WEBSITE

These Regulations define the general conditions, rules and manner of providing services by Kreacyjnie Sp. z o.o.: ul. Dominikańska 9, 87-100 Toruń, Polska, VAT/NIP: PL9562390123, KRS: 0001083264 through the Internet Service functioning on the website https://kreacyjnie.studio/ (hereinafter referred to as the “Internet Service”) and defines the terms and conditions for providing free of charge electronic services by Kreacyjnie Sp. z o.o.: ul. Dominikańska 9, 87-100 Toruń, Polska, VAT/NIP: PL9562390123, KRS: 0001083264.

The condition for using the services and proper use of the Internet Service offer is getting acquainted with and observing these Regulations.

The contact with the Internet Service is possible through:

  • e-mail to: rafal@kreacyjnie.studio;
  • in writing to the address: Kreacyjnie Sp. z o.o., ul. Dominikańska 9, 87-100 Toruń, Poland.

    • I. GENERAL PROVISIONS

    1. These rules of procedure are based on the provisions arising from:
      • The Civil Code Act of 23 April 1964,
      • Act of 30 May 2014 on Consumer Rights,
      • Act of 18 July 2002 on the provision of electronic services.

    2. The Regulations are made available free of charge on the website https://kreacyjnie.studio/, which provides an opportunity to familiarize yourself with their contents before using or registering on the website https://kreacyjnie.studio/ and before concluding the Agreement.

    3. The terms used in these Regulations mean:

      4. Service Provider – the entity managing and operating the Website, which is Kreacyjnie Sp. z o.o.: ul. Dominikańska 9, 87-100 Toruń, Polska, VAT/NIP: PL9562390123, KRS: 0001083264,

      User – 1) a natural person having full capacity to perform legal actions, and in cases provided for by generally applicable regulations, also a natural person having limited capacity to perform legal actions; 2) a legal person; or 3) an organizational unit without legal personality to which legal capacity is granted by law – which uses the Website;

      Consumer – a natural person performing with an entrepreneur a legal transaction not directly related to his business or professional activity;

      User Account – a set of resources in the teleinformation system created after the Registration made by the User, used for the realization of the orders placed, containing the history of the orders placed by the User, the course of the realization of the orders placed, made available to the User on the basis of the agreement on rendering services electronically;

      Password – a sequence of signs (letters, digits, special signs) established by a User during the Registration in the Internet Service, which together with the electronic mail address are the data necessary for logging into the User’s Account in the Internet Service, used to secure access to the User’s Account;

      Registration – an actual activity carried out in the manner specified in the Regulations and consisting in the voluntary provision by the User of the data required in the registration form, required for the creation of the User Account and the use by the User of all the functionalities of the Website;

      Durable Media – means a material or tool enabling the User or Service Provider to store information addressed personally to him/her, in a manner enabling access to information in the future for a time appropriate to the purposes for which the information is used, which allows for reconstruction of the stored information in an unchanged form;

      Working Days – days of the week from Monday to Friday with the exception of days off specified in the Act of 18 January 1951 on Public Holidays (Journal of Laws 1951 No. 4 item 28 as amended) or specified in other provisions of generally applicable law;

      Terms And Conditions – these Terms And Conditions;

      Website – means the website operating at https://kreacyjnie.studio/pl/, through which the Service Provider provides services electronically;

      Agreement – means an agreement concluded between the Client and the Service Provider to provide services by electronic means;

      Customer Service Office – a point providing information to Users and Clients. Contact with the Customer Service Office is possible via e-mail rafal@kreacyjnie.studio;

      Newsletter – means information in the form of an electronic letter sent to the address of the User, who agreed to its sending and provided the electronic mail address, containing information about new articles, product recommendations and other information about functioning of the Internet Service. The Newsletter may also contain promotional content, e.g. promotions of competitions and other events, services and products available on the Website, as well as advertising content related to the activity of Kreacyjnie Sp. z o.o.: ul. Dominikańska 9, 87-100 Toruń, Polska, VAT/NIP: PL9562390123, KRS: 0001083264;

      Valuation form – one of the elements of the service https://kreacyjnie.studio/, which allows to send a valuation form, on the basis of which the Service Provider makes a valuation of the fee for preparation of the presentation.

    4. All rights to the Internet Service, including property copyrights, intellectual property rights to its name, Internet domain, as well as to patterns, forms, logotypes placed in the Internet Service (except for logotypes shown on objects and objects presented in the Internet Service in order to indicate exemplary realization of presentation of objects, whose copyrights belong to third parties) belong to Kreacyjnie Sp. z o.o.: ul. Dominikańska 9, 87-100 Toruń, Polska, VAT/NIP: PL9562390123, KRS: 0001083264 and are subject to legal protection, and may be used only in the manner specified and in accordance with these Terms And Conditions and with the consent of Kreacyjnie Sp. z o.o.: ul. Dominikańska 9, 87-100 Toruń, Polska, VAT/NIP: PL9562390123, KRS: 0001083264 expressed in writing.

    5. The Service Provider makes every effort to make the use of the Website possible for Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements for using the Website are:
      • Web browser version at least Internet Explorer 11 or Chrome 39 or Firefox 34 or Opera 26 or Safari 5 or later, with Javascript and CSS support enabled,
      • Cookies are enabled,
      • Pop-up window operation enabled,
      • Internet connection with a throughput of at least 256 kbit/s,,
      • Microsoft Windows XP, 7, Vista, 10 or higher, the Web Site is optimized for a minimum screen resolution of 1024×769 pixels.

    6. The Service Provider shall not be liable for incompatibility of the Website with the User’s final hardware and software or its Internet connection, as well as for technical difficulties – including errors and failures in connecting to the Website – that lie with the User.

    7. The Service Provider undertakes actions on an ongoing basis in order to improve the functioning of the Internet Service, however, it reserves the right to make errors and technical problems in the use of the Service possible. In case of such a situation. The User should report it to the Service Provider by contacting the Customer Service Office. The Service Provider undertakes to immediately attempt to restore the proper functioning of the Internet Service.

    8. The Service Provider reserves the right to shut down the operation of the Internet Service for the time necessary to carry out the necessary technical work. The User shall be informed about the shutdown of the operation of the Internet Service after entering https://kreacyjnie.studio/.

    9. The Service Provider uses the mechanism of “cookies”, which during the use of the Website by Users, are stored by the Service Provider’s server on the hard disk of the User’s end device. The use of “cookies” is aimed at enabling the correct operation of the Website page of the Internet Service on User’s end devices. Each User may disable the mechanism of “cookies” in the Internet browser of his end device.

    10. Service Provider reserves that disabling the mechanism of “cookies” by the User may have a negative impact on the use of the website of the Internet Service.

    11. It is forbidden for the Users to use the content of the Internet Service in a way that is contrary to the law, good manners or violates the personal rights of third parties. The User should use the Internet Service in accordance with its purpose and refrain from any activity that could interfere with the proper functioning of the Internet Service, including refraining from interfering with the use of the Internet Service by other Users by making it impossible to use it, or interfering with the content or technical character of the Internet Service.

    12. The Service Provider declares that the public nature of the Internet network and the use of services provided electronically may involve the risk of obtaining and modifying Users’ data by unauthorized persons, therefore Users should use appropriate technical means that will minimize the above-mentioned risks. In particular, they should use antivirus and identity protection programs for Internet users. The Service Provider reserves that it never asks the Users to make the Password to the User’s Account available to them in any form.

    II. CONCLUSION OF AN AGREEMENT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

    1. The agreement on the provision of services by electronic means is concluded between the Service Provider and the User when the User uses any services offered by the Service Provider on the Website, which do not require the creation of a User Account.

    2. The agreement on provision of services by electronic means is concluded for the duration of the use by the User of the services offered by the Service Provider on the Internet Service.

    3. The User who does not have a User Account has the opportunity to use the services offered by the Service Provider on the Internet Service in the form:
      • browsing the content posted on the Website;
      • creating a User Account;
      • use the contact form;
      • subscribe to the Newsletter.

    III. REGISTRATION

    1. The User, in order to create a “User Account”, is obliged to make a free Registration.

    2. Creating a “User Account” is done by completing the registration form provided by the Service Provider on the Website after clicking the “Register” button, and then sending the completed registration form electronically to the Service Provider by clicking the “Create new account” button;

    3. During the Registration made by means of the registration form, the User gives his name, e-mail address and sets a Password. If the data provided during the registration are changed, the User should update them after logging in to his User Account, in the “My Account” tab of the Website or by contacting the Customer Service Office.

    4. In the course of filling in the registration form, the User has the opportunity to become familiar with these Terms And Conditions. In order to register the User is obliged to accept the content of the Terms And Conditions and the content of the Privacy Policy by marking appropriate fields in the form.

    5. By completing the Registration, the User declares that:
      • the data provided in the registration form are true;
      • he or she voluntarily starts using the services of the Website.

    6. Login to the User’s Account is the e-mail address given by the User in the registration form.

    7. The User is obliged not to make the Password enabling access to the User’s Account available to third parties. The User shall be fully responsible for actions resulting from disclosing the Password to third parties.

    8. The registered User has the possibility:
      • access to his data and change them;
      • use the Valuation Form;
      • access the history and details of his/her previous valuations;
      • continue to fill in the Valuation Form that has not been sent for valuation;
      • receive individual discounts and promotional coupons.

    9. During the Registration process the User may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the appropriate box in the registration form. In this case, the Service Provider clearly informs about the purpose of collecting the User’s personal data. Consent means consent to receive commercial information from the Service Provider to the User’s e-mail address given in the registration form.

    10. The User’s consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Service Provider to provide the service of maintaining the User’s Account electronically. The consent may be withdrawn at any time, by introducing a change in the “My data” tab available after logging in to the User’s Account or submitting to the Service Provider a relevant statement of the User on the Permanent Media. The statement submitted on the Permanent Media may be sent to the Service Provider’s address via e-mail or traditional mail.

    11. After sending the completed registration form, the User shall immediately receive, by e-mail to the e-mail address given in the registration form, an activation link necessary to confirm the Registration. At the moment of confirming the Registration, an agreement is concluded for the provision of the service of maintaining the User’s Account electronically, and the User obtains the possibility of accessing the User’s Account and making changes to the data provided during the Registration.

    12. Registration activities are carried out once, and subsequent activities carried out from the level of the User Account can be carried out after logging in the Internet Service to your User Account by providing your e-mail address and Password.

    IV. VALUATION FORM

    1. The User may obtain a valuation of the presentation only by using the Valuation Form. The exception is when there is no access to the Valuation Form (e.g. due to technical work carried out).

    2. The valuation of the fee for the preparation of the presentation applies only to the types of presentation included in the Website. Three types of presentations are presented in the Internet Service:
      • interactive presentations;
      • video presentations;
      • 2D photographic presentations.

    3. The data published by the Service Provider in the Internet Service do not constitute an offer within the meaning of Article 66 of the Civil Code Act. The data serve only as commercial information and constitute an invitation to use the Valuation Form, on the basis of which the Service Provider makes an individual valuation of the fee for the preparation of the presentation. The valuation of the fee for the preparation of the presentation shall be sent by the Service Provider to the User to the e-mail address indicated by him in the Valuation Form.

    4. The User can use the Pricing Form 24 hours a day, every day of the week. The exception is when there is no access to the Valuation Form (e.g. due to technical work carried out).

    5. In the absence of access to the Valuation Form (e.g. due to technical work carried out), the User may send price inquiries using the contact form or by sending a message to the e-mail address: rafal@kreacyjnie.studio. By sending a price inquiry, the user agrees to the processing of the personal data provided in accordance with the provisions on the protection of personal data in order to answer the message sent and to handle the order. In such a situation, the User may receive an individual valuation of the fee for the preparation of the presentation after answering the questions contained in the messages sent as a response to the price inquiry. The data provided by the User in this way will be treated as data provided in the Valuation Form.

    V. CONCLUSION OF A COOPERATION AGREEMENT

    1. After receiving an individual valuation of the fee for the preparation of the presentation, the User has the opportunity to accept it, by sending an e-mail to the Service Provider, containing information that the User agrees to the sent valuation.

    2. After accepting the individual valuation of the fee for the preparation of the presentation by the User, the Service Provider will send to the e-mail address of the User a draft cooperation agreement with attachments.

    3. If the User accepts the draft cooperation agreement and attachments, the User should sign the cooperation agreement and attachments and deliver the signed agreement and attachments, as well as the object to be presented, to the Service Provider.

    4. The User has the right before signing the cooperation agreement and its attachments to negotiate all provisions of the cooperation agreement and its attachments. These negotiations should be conducted in writing and addressed to the Service Provider. In the case of resignation by the User from the possibility of negotiating the content of the cooperation agreement and its annexes, the provisions of the cooperation agreement and its annexes as well as generally applicable legal regulations shall apply.

    5. The Service Provider assumes that each User provides all information (including but not limited to personal data and address data) in a correct manner and in accordance with the facts, therefore, responsibility for irregularities resulting from incorrect, incomplete or inconsistent with the reality of the data required for individual valuation and conclusion of the cooperation agreement and its attachments, including in particular the data necessary for the valuation of the presentation, in the scope of User’s data, shall be borne solely by the User. At the stage of individual valuation, the Service Provider is not obliged to check whether the User has correctly and correctly provided all information that was entered by the User in the Valuation Form. However, the Service Provider reserves the right to additionally verify the data provided in the Valuation Form, e.g. by telephone contact or e-mail.

    6. In the case when the data provided by the User in the Valuation Form are inconsistent with the reality and after the objects to be presented are delivered to the Service Provider, the Service Provider shall state that the specificity of the object to be presented differs from the description provided by the User in the Valuation Form, in particular in the scope of 1) different size or weight of the object to be presented, 2) undeclared in the Valuation Form the necessity to perform additional activities related to the preparation of the object for presentation, if the object sent by the User requires such activities information, 3) not declared in the Valuation Form, about the physical characteristics of the object for presentation, which make it difficult to perform the presentation (e.g. transparent objects, requiring additional support or hanging), the service provider will make a new individual valuation of the presentation, which will be sent to the User for approval.

    7. If the User accepts the new individual valuation of the presentation, the Service Provider shall attach a new individualised valuation of the presentation together with the content of the e-mail correspondence with the User to the cooperation agreement with the attachments, I shall sign it and send a scan of the signed cooperation agreement with the attachments to the User.

    8. If the User does not accept the new individual valuation of the presentation, the Service Provider shall return to the User the unsigned contract of cooperation with the attachments and the object for presentation. In this case, the cooperation agreement is not concluded and the Service Provider is not obliged to make the presentation.

    9. The delivery of the cooperation agreement with attachments and the object of the presentation may be done by a courier company or in person at the seat of the Service Provider.

    10. The Service Provider informs that the return of the object to be presented together with the cooperation agreement and attachments signed by the Service Provider or together with the unsigned by the Service Provider cooperation agreement and attachments is done by a courier company at the expense of the User. The User is informed about the cost of the courier service.

    11. The Service Provider informs that in order to properly perform the presentation, it may be necessary to incur additional costs. The specification of additional costs will be presented to the User before concluding the cooperation agreement.

    12. The cooperation agreement is considered to have been concluded at the moment of receipt by the User of the scan signed by the Service Provider the cooperation agreement and its attachments.

    VI. FREE SERVICES

    1. The Service Provider provides free of charge services to the Users by electronic means:
      • maintaining a User Account;
      • contact form;
      • Newsletter.

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

    3. The Service Provider reserves the right to choose and change the type, forms, time and method of granting access to selected services listed above, which will inform the Users in a manner appropriate for the amendment of the Terms And Conditions.

    4. The Service of maintaining the User’s Account is available after the Registration on the principles described in the Terms And Conditions and consists in making available to the User a dedicated panel within the Internet Service, enabling the User to modify the data provided during the Registration, as well as to use the Valuation Form; access to the history and details of their previous valuations; continuing to fill in the valuation form, which was not sent for valuation; request to correct and delete their personal data and receive individual discounts and promotional coupons.

    5. The User who has made the Registration may report to the Service Provider a request to delete the User Account, by contacting the Customer Service Office, or by sending a message to the Service Provider at the e-mail address rafal@kreacyjnie.studio.

    6. The Service Provider is entitled to block access to the User’s Account and free services, in the case of acting by the User to the detriment of the Service Provider or other Users, violation by the User of the law or the provisions of these Terms And Conditions, as well as when blocking access to the User’s Account and free services is justified by security reasons – in particular: breaking the security of the Internet Service by the User or taking other actions aimed at obtaining access to resources to which the User is not entitled.

    7. The blocking of access to the User’s Account and free services for the aforementioned reasons lasts for the period necessary to solve the issue being the basis for blocking access to the User’s Account and free services. The Service Provider shall notify the User about blocking the access to the User’s Account and free services by e-mail to the e-mail address provided by the User.

    8. The service contact form consists of sending a message to the Service Provider using the form placed on the Internet Service.

    9. Resignation from the service free of charge contact form, is possible at any time and consists in stopping sending messages to the Service Provider.

    10. Within the Newsletter service, by e-mail, to the e-mail address (e-mail address) provided by the User, the Service Provider sends information in the form of an electronic letter (e-mail), hereinafter referred to as “Newsletter”.

    11. The Newsletter contains information about the Service Provider’s offer, current promotions and other news about the Service Provider and its products, including opinions, press materials, links to sites befriended with the Service Provider.

    12. Each Newsletter contains:
      • information about Kreacyjnie Sp. z o.o.: ul. Dominikańska 9, 87-100 Toruń, Polska, VAT/NIP: PL9562390123, KRS: 0001083264 as a Newsletter sender,
      • completed field “Subject” defining the Newsletter content,
      • information on how to resign from the Newsletter service or change the User’s e-mail address (address) to which the Newsletter is sent.

    13. Use of the Newsletter service is conditional on the User having a computer or other multimedia device with access to the Internet and on the User having an active electronic mail account (e-mail).

    14. The Newsletter service shall be ordered by the User by performing the following registration activities on the https://kreacyjnie.studio/ website:
      • providing the electronic mail address (e-mail address) in the form placed on the Internet Service,
      • consent to the processing of personal data in accordance with the regulations on personal data protection in order to receive marketing content (commercial information), to the e-mail address given in the contact form.

    15. Providing the User’s e-mail address (e-mail address) in the form during registration activities is necessary to provide the Newsletter service.

    16. Providing personal data and agreeing to receive marketing content within the Newsletter service is voluntary.

    17. The user may at any time, without giving a reason and at no cost, change the previously indicated e-mail address (e-mail address) to which the Newsletter is sent or resign from the Newsletter service by clicking on the “Subscribe” link included in each message containing the Newsletter.

    VII. ADVERTISATIONS

    1. The service provider undertakes to provide services free from defects.

    2. The user has the right to make a complaint.

    3. Possible complaints should be reported by the User: 1) in writing to the Service Provider’s address Kreacyjnie Sp. z o.o.: ul. Dominikańska 9, 87-100 Toruń, Polska or 2) by e-mail to rafal@kreacyjnie.studio.

    4. It is recommended that the User provide in the description of the complaint: 1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect occurrence; 2) request the way the complaint is handled; and 3) contact details of the complainant – this will facilitate and speed up the handling of the complaint by the Service Provider. The requirements given in the previous sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

    5. Service Provider undertakes to consider the complaint within 14 days of receipt of the complaint.

    6. The Service Provider shall inform the User about the way of dealing with the complaint by letter, e-mail or telephone, depending on the preferences of the User included in the complaint.

    VIII. COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES

    1. The Service Provider shall take steps to ensure that the Website operates fully correctly, to the extent that it is based on current technical knowledge and undertakes to remedy within a reasonable time any irregularities reported by the Users.

    2. The User should immediately notify the Service Provider of any irregularities or interruptions in the functioning of the Internet Service.

    3. Irregularities related to the functioning of the Service may be reported by the User in the form of a complaint 1) in writing to the Service Provider to the address of Kreacyjnie Sp. z o.o.: ul. Dominikańska 9, 87-100 Toruń, Polska or 2) by e-mail to rafal@kreacyjnie.studio.

    4. In the complaint the User should provide his/her name and surname, correspondence address, type and date of occurrence of irregularities connected with functioning of the Internet Service.

    5. The service provider undertakes to consider the complaint within 14 days from the date of receipt of the complaint.

    6. The Service Provider shall inform the User about the way of considering the complaint by letter, e-mail or telephone, depending on the User’s preferences included in the complaint.

    IX. OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS

    1. In the event of a dispute between the User and the Service Provider or any doubts about the rights of the User, the User has the opportunity to use out-of-court ways of dealing with complaints and pursuing claims.

    2. User who is a Consumer has the opportunity to use out-of-court dispute resolution procedures provided, among others, by the permanent amicable consumer courts operating within the structures of the Commercial Inspection. The User who is a Consumer may also seek legal assistance from the Municipal / County Consumer Ombudsman, the Office of Competition and Consumer Protection, and other consumer organisations such as the Polish Consumer Association, the Consumer Federation and the European Consumer Centre, under the rules of these organisations.

    X. FINAL PROVISIONS

    1. In matters not covered by these Terms And Conditions, the provisions of common law shall apply, in particular the provisions of law: 1) the Act of 23 April 1964. Civil Code, 2) the Act of 30 May 2014 on Consumer Rights, 3) the Act of 18 July 2002 on the provision of electronic services.

    2. Any doubts arising from the interpretation of the Terms And Conditions should be interpreted in a manner that ensures compliance of the Terms And Conditions with generally applicable law.

    3. The service provider reserves the right to make changes to these Terms And Conditions for important reasons:
      • the need to adjust the Terms And Conditions due to changes in the provisions of generally applicable law,
      • fulfil an obligation resulting from a valid court or administrative authority decision,
      • introducing changes resulting from security reasons, including those aimed at preventing the use of the Website, in a manner contrary to the provisions of law or the Terms And Conditions,
      • Introducing significant changes in the functioning of the Website and any of the services provided by the Service Provider, including those related to technical or technological progress, including changes in the Service Provider’s systems.

    4. Amendments to the Terms And Conditions may not violate the rights of the User resulting from actions taken before the introduction of amendments to the Terms And Conditions and from cooperation agreements concluded before the introduction of amendments to the Terms And Conditions. Amendments to the Terms And Conditions shall enter into force within 14 days from their publication on the Website. The Service Provider shall inform the Users about the change of the Terms And Conditions by means of a message sent electronically containing a link to the text of the amended Terms And Conditions. If the User does not accept the changes, he should notify the Service Provider of this fact by clicking on the link “I do not accept changes to the Terms And Conditions”, which will be tantamount to expressing a request to delete the User’s Account on the Website.

    5. The court competent to recognize any conflicts arising from the activities of the Service Provider, including services provided under these Terms And Conditions, is a common court of law.