Article 1. General provisions
- These Terms and Conditions define the rules of making purchases and using services by electronic means by the Administrator as part of the service available at www.window2print.de (“W2P”).
- The Administrator is W2P GmbH, registered in Frankfurt (Oder), Im Technologiepark 1, entered into the register of entrepreneurs by Bundeszentralamt für Steuern-, Tax ID: DE300660284 - and share capital of EUR 25,000.
- In order to use W2P, place orders or use services, you need to have a device with Internet connection and software for browsing and using web pages, as well as access to properly configured email, provided in an order.
Article 2. Customers and registration
- In order to make purchases, the Customer must be logged in at W2P.
- W2Ppublishes information about products (“Products”) and their availability for purchase. For the avoidance of doubt, this information does not constitute an offer but invitation to provide offer as explained in Product information. Selecting Products and confirming the intention to purchase them by the Customer, serves as a basis to conclude purchase agreement of the selected Products (“Order”).
- The Administrator hereby informs that Product photos are only indicative of specific models. Any differences between individual settings of a computer or other device, which the Customer might use during purchase (colour, proportions, etc.) cannot be the basis for Product complaint.
- The Customer selects Products by adding them to a virtual cart. Putting Products in the cart does not mean that they are reserved. If Products are sold out before the Customer confirms an Order, the Administrator reserves the right not to process such Order.
- Some Products are created on the basis of individual parameters provided by the Customer, specifically an image file send by the Customer (“Dedicated Product”) .
- Image files sent by the Customer to be placed as the Dedicated product should be prepared according to technical requirements outlined in the specifications for preparing W2P print materials, constituting Annex 1 to these Terms and Conditions. There are several options for uploading files, depending on the Dedicated Product selected by the Customer and file size. Every file has its compliance with the Administrator’s specifications checked, including: checking dimensions, detecting open fonts, checking font and path conversion, identifying colours according to the Pantone scale, converting CMYK scale colour to the best profile according to the print file Order, checking white overprints and perforations (basic verification). If the file does not meet the Administrator’s basic printing specifications, the Customer is required make all the necessary technical changes to image files according to the specification. If the necessary changes are not made, the Order will not be processed. Upon the Customer request, the file may also be checked to meet specification requirements against additional criteria: minimum resolution requirements (70 dpi), distance between the image and edge, front and back orientation, and checking safety margins graphically (additional verification). Additional verification is subject to a fee.
- If the result of additional verification is negative, the Customer may nevertheless accept the design project, whereby the Administrator accepts the Order for execution. However, any complains resulting from noncompliance with the Administrator’s technical specifications may not be considered by the Administrator.
- Image files provided by the Customer to the Administrator should be verified by the updated anti-virus software and properly secured.
- The use of image files sent by the Customer to the Administrator must not breach the law or the rights of third parties. The Administrator is not responsible for the content of image files sent by the Customer and does not make any changes to such content. However, in the event that image files sent by the Customer contain illegal content, the Administrator may refuse to execute such Order.
- The Customer can introduce changes to the Order after placing it, and before the Administrator starts its execution, however, each change is subject to additional flat payment to W2P, according to the Pricelist constituting Annex 2 to these Terms and Conditions. Order is changed once it is agreed with the Administrator via email.
- If an image file is inconsistent with the specifications or if there are changes in an Order, the Order execution date may be prolonged.
- After the Customer places an Order and makes payment for the Product, the Customer receives Order confirmation by email, including the information about the Order execution date (i.e. sending the Products to the address indicated by the Customer). In case the Order was only partly executed, the contract is concluded regarding the confirmed Products only. If the Customer, who is a consumer, does not wish to conclude a contract for some of the Products, they have the right to cancel the contract within 14 days, starting from the date the purchased Products are issued. The Customer cannot cancel the contract for Dedicated Products.
- The Administrator reserves the right to refuse to accept an Order, which they should notify the Customer immediately, and no later than within 48 hours from the day they received the Order or from the day the necessary corrections to the image files are done by the Customer, pursuant to Section 6, particularly in cases such as:
a. failure to provide all the data required to process the Order on the form
b. Product unavailability;
c. lack of contact with the Customer to complete and verify the data provided in the submitted Order;
d. image files sent by the Customer contain errors or are not uploaded correctly.
- In case the Administrator cannot fulfil the Order in part or in full because the Product is no longer available or, through unforeseen circumstances, was not delivered to the Administrator or was lost, then the Administrator shall notify the Customer immediately and make a refund, or perform services of the same value as the price paid - as decided and agreed by the Customer.
- The Customer has the right to cancel the submitted Order only until the Order status changes to: “Order accepted for processing”. It is not possible to cancel Orders when the Order status is changed to the latter. It is not possible to cancel single Orders from the cart. Customers can only cancel all Orders from the cart. In case one Order item changes status for processing, or next, the Customer cannot cancel the Order, despite previous status of other Order items. Orders can only be cancelled by the Customers through their W2P accounts.
- The Customer is required to provide full and correct shipment address and telephone number that should not change before the delivery, after selecting the Products and before selecting the payment method. Changes to delivery address can only be made in exceptional circumstances, after they are agreed by the Administrator and before handing the Products to the carrier for delivery.
- After the purchase the Customer is required to read the information concerning the purchased product at the “Additional Information” part of the website.
Article 4. Payments
- We accept electronic Customer payments via specialised payments institution, which the Administrator signed a contract with. When the Customer wishes to pay using a payment card with online payment option or a bank transfer, they will be redirected to a website, enabled with payment capability, e.g. the Customer’s bank login page or the Card Authorisation Centre. If payment for the Product is not processed immediately after the above redirection, the Order submitted by the Customer is cancelled.
- Product price provided in Product description includes taxes and all legally due payments. The price does not include Product transport or delivery costs, which are indicated separately.
- Product purchase is documented with a receipt or VAT invoice. The Customers receive electronic images of the support documents (particularly such as VAT invoice with attachments, including correction VAT invoices), unless the Customer specifically requested to be sent paper invoices by post mail. The Customer can download an electronic invoice when logged in to their Customer Account by clicking on “Download invoice” button. The Customer agrees to receive electronic invoices by clicking on the button “Download”.
- The Administrator can give a discount or a discount voucher to the Customer, as defined by W2P. The Customer can use the collected discounts to purchase Products only. Discount value lowers the price the Customer pays for the Product. Discounts can be cumulated only when it is explicitly stated on them. Discounts cannot be sold or exchanged for money equivalent or other services.
Article 5. Product delivery
- The place of performance of the service provided by the Administrator as defined in the sales agreement is where the Product is collected (in case of doubt, the place where the Product is to be collected as indicated by the Customer).
- Order delivery time (Product delivery) is indicated on each Order confirmation.
- Product are sent only to the Customer’s country of residence or registered office within the European Union.
- The Customer should check the condition of the Product at the moment of delivery, in the presence of the courier. In the case of visible damage to the Product which might have been caused during transport, the Customer must make a note of damage together with the courier and notify the Administrator immediately.
- The Administrator is not responsible if a product is not delivered for reasons related to the Customer - e.g. providing incorrect or incomplete shipping address, which makes delivery impossible. In such case the Administrator will notify the Customer about failed attempt of Product delivery.
- The Administrator has the right charge extra fee for storing undelivered Dedicated Products for reasons related to the Customer in the amount of 1% of the Dedicated Product price for every commenced week of storage.
Article 6. Newsletter
- The Administrator may provide newsletter service to the Customers by sending them free information to email address provided by the Customer about the Products, discounts, competitions, new releases by W2P as well as facts or events which might be related to the Administrator’s business operations, and about Administrator’s services. This service is provided to Customers, who have given their consent. The Customers can modify newsletter settings or unsubscribe from newsletter by changing their account settings or by sending unsubscribe note to email address provided in the footer to each newsletter.
- The Administrator reserves the right to:
a. send advertising and business information to the Customers by newsletter;
b. deactivate newsletter service periodically for technical reasons (e.g. maintenance, system modifications or repairs);
c. deactivate newsletter service altogether without notice.
Article 7. Protection of personal data
- The Administrator administers personal data of the Customers and people indicated by the Customers. The Administrator processes personal data according to legal requirements, particularly including the Directive 95/26/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, only for the W2P business purposes, including conclusion and execution of sales contracts (processing Product sales contracts), archiving, and marketing purposes regarding the Products and services offered. Providing personal data is voluntary.
- Personal data processed by the Administrator can be disclosed to legally entitled entities, including appropriate justice authorities.
- The Administrator hereby guarantees, that the people whose data are processed by the Administrator, can exercise their rights conferred in data protection laws, including access to and correction of their data, and the right to control the processing of their data as defined by appropriate regulations. The right to control the processing of personal data particularly includes the right to request to cease processing personal data, or object to processing personal data, in case the Administrator intends to process such data for marketing purposes.
- Personal data of Customers and other people provided by the Customers are protected by the Administrator against disclosure to unauthorised parties and other cases of disclosure, loss, damage or unauthorised modification by applying appropriate technical and organisational security measures.
Article 8. Complaint processing
- The Customer can submit a complaint to the Administrator, particularly incompatibility of the Product with the contract and where actions performed by the Administrator as part of these Terms and Conditions are inconsistent with these Terms and Conditions.
- Complaints can be submitted electronically though the contact form available at W2P website or registered mail sent to the Administrator’s address.
- Complaint should contain the following: name and surname, Customer’s email provided to W2P, description of the relevant transaction other circumstances justifying the complaint, as well as specific request by the Customer regarding the complaint. Moreover, the Customer is required to provide further information to investigate the complaint upon the Administrator’s request.
- If data of information provided with the complaint require completion, the Administrator shall contact the Customer submitting complaint to request the appropriate completion.
- The Administrator shall process the complaint within 14 days from the date of receiving a correctly completed complaint, unless completion was requested from the Customer, or in case of a Product complaint, within 14 days from the date of receiving the Product with detailed reason for the complaint. The Customer shall receive the information about the method of processing the complaint by email provided during registration. In case the complaint is dismissed, the Administrator shall notify the Customer providing reasons for such decision.
- If the Product can be replaced or repaired, the Administrator shall notify the Customer and provide all the necessary information about further proceedings. In case when the money refund for the Product is justified, it will be returned within 14 days after the Product is returned to the Administrator.
- The Administrator does not accept any parcels paid by Recipient.
- The Customer has the right to appeal against the Administrator’s decision to the Customer Service Manager regarding the submitted complaint.
- Refunds will be made in the form of the original payment. Refunds for the purchased Product will be made immediately after the Administrator received the correction invoice, unless the Customer used discount collected on their account to purchase the Product, in which case the refund will be lowered by the amount of the discount used, which the Customer will be able to use in future transaction.
- Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed under http://ec.europa.eu/consumers/odr/
Article 9. Contract cancellation
- The Customer, as a consumer, can cancel the sales contract without providing reasons within 14 days after receiving the Product. Contract can be cancelled though a contact form available at W2P or in writing. If the Customer purchased multiple Products in one Order, the cancellation can apply to all, or only those selected by the Customer, unless the Product was sold as a kit, set or package, where the cancellation is possible only with regard to the whole kit, set or package. The right to cancellation does not apply to Dedicated Products (see: Art. 3(5)).
- In case of the successful cancellation of sales contract, the contract is considered not concluded with regard to the Product (kit, set or package) cancelled by the Customer. The Product should be returned in the original packaging, complete with parts and accessories. Return should be completed as soon as possible, no later than within 14 days from the date of receiving the Product. The Customer has to pay the costs of returning the Product to the Administrator. In case of the successful cancellation of sales contract, the Administrator shall make the refund to the Customer in the form of the original payment. If the Customer used discount collected on their account to purchase the Product the refund will be lowered by the amount of the discount used, which the Customer will be able to use in future transactions.
- If the cancellation period as defined in this Article is exceeded, the Administrator will send the returned product back to the Customer at their expense. If the Customer does not comply with the above contract cancellation procedure, it may significantly prolong cancellation proceedings, and consequently returning the funds to the Customer.
- The right of cancellation does not apply to:
(1) products or services, whose price depend on financial market fluctuations beyond the Administrator’s control,
(2) products whose characteristics were defined by the Customer in an order or serve to meet their individual requirements,
(3) products, which become inseparably connected with other items after delivery, given their characteristics,
(4) agreement concluded by public auction,
(5) when the Administrator fully executed an order, with the explicit consent of the Customer, who was informed prior to commencing the services, that upon execution of the service by the Administrator, the Customer loses the right to cancellation.
Article 10. Final Provisions
- W2P shall notify the Customers about changes to the Terms and Conditions on the W2P website. Terms and Conditions enter into force from the date indicated in the changed document, however, not earlier than 7 days after it has been announced by the Administrator. The Clients who made an Order before the new Terms and Conditions entered into force are bound by the current Terms and Conditions.
- The Administrator can provide additional services subject to separate terms and conditions.
- The Customer is obliged to refrain from any illegal activity, particularly from using W2P directly or indirectly against the law, to breach the law, contrary to these Terms and Conditions, good practices or common rules of using the internet, in a way that would infringe the rights of the Administrator, other Customers or third parties, particularly by providing false information, identity fraud of abuse of power, as well as providing data which might disrupt operations, cause IT system overload, or unauthorised modification of W2P data.
- The use of W2P graphic elements (including “W2P” logo), website design (layout), or other copyright protected elements by the Customers without express written permission from the Administrator is strictly prohibited.
- The Annexes attached to these Terms and Conditions shall form an integral part thereof:
Annex 1 - Specifications for preparing W2P print materials;
Annex 2 - Pricelist.
- The law applicable to sales contracts between the Customer, who is not a consumer, and the Administrator as defined in these Terms and Conditions, is the law of the Administrator’s place of incorporation. All disputes concerning these Terms and Conditions and the execution thereof shall be resolved by the competent common courts of law.
- These Terms and Conditions enters into force and becomes applicable on the date of publication, i.e. 20.06.2015.