General conditions of order execution

  1. I. Preliminary provisions

    1. The owner of on-line service at www.comgraph.com.pl is the company COMgraph Sp.z.o.o., entered into the register of entrepreneurs of the National Court Register under No. 0000134178 (District Court Szczecin – Centrum in Szczecin, Commercial Division XIII of the National Court Register), seated in Szczecin, ul. Goleniowska 55, 70 – 847 Szczecin, Tax Reference Number [NIP]: 8511018057, Business Entity Index Number [REGON]: 810782665.
    2. The “General Terms and Conditions of Order Execution” shall apply exclusively to contracts entered into with entities being simultaneously entrepreneurs within the meaning of Art. 43 [1] of the Civil Code.
    3. The “General Terms and Conditions of Order Execution” shall not apply to contracts entered into with entities being simultaneously consumers within the meaning of Art. 22 [1] of the Civil Code.
    4. Parties to contracts shall be:
      • COMgraph sp. z o.o. – details in paragraph 1 hereinabove,
      • Any entity, being at the same time an entrepreneur within the meaning of Art. 43 [1] of the Civil Code, hereinafter referred to the “Ordering Party”.
    5. Provisions of the “General Terms and Conditions of Order Execution” available on www.comgraph.com.pl shall not apply to any other on-line services of COMgraph sp. z o.o.
  2. II. Procedure for entering into a contract

    1. COMgraph sp. z o.o. accepts orders solely via e-mail messages sent to the address of COMgraph sp. z o.o.: drukarnia@comgraph.com.pl or to the e-mail address of employee of COMgraph sp. z o.o., who executes a customer’s order.
    2. COMgraph sp. z o.o. via website www.comgraph.com.pl shall not enable registration of a user account on the said website nor shall it make available on an order form.
    3. Procedure for placing orders shall be as follows:
      • The ordering party submits a query to COMgraph sp. z o.o. by means of an e-mail message regarding a product,
      • COMgraph sp. z o.o. on the basis of a query from the Ordering Party, prepares a reply containing details in respect of the object of order (tabular format), price and suggested time limit for order execution; the reply referred to in this paragraph shall be an invitation into a contract as envisaged in Art. 71 of the Civil Code,
      • The Ordering Party, by accepting the reply, submits an offer to COMgraph sp. z o.o. within the meaning of Art. 66 of the Civil Code,
      • A contract for order execution shall be concluded upon confirmation being submitted to the Ordering Party by COMgraph sp. z o.o. of accepting the order for execution via e-mail message.
    4. In the case of orders placed for the first time by the Ordering Party it is necessary to provide details of the Party necessary to conclude a contract i.e. business name, address, Tax Reference Number (NIP), telephone number and e-mail address.
    5. Orders in excess of PLN10,000.00 may be subject to confirmation in a written form signed by COMgraph sp. z o.o. under pain of nullity.
    6. By placing an order the Ordering Party accepts technical conditions described in detail in COMgraph sp. z o.o. website, under the tab
      http://comgraph.com.pl/en/technical-requirements/

  3. III. Order execution

    1. COMgraph sp. z o.o shall execute an order on the basis of material provided and information submitted in an order form.
    2. COMgraph sp. z o.o. shall execute the object of an order within the time limit stated in an order counting from the date of order acceptance confirmation provided that order execution, within the defined time limit, shall take place only where the order meets the requirements stated online on COMgraph website and in these General conditions of order execution.
    3. COMgraph sp. z o.o. makes print jobs in accordance with the currently binding norms. Colour guidelines shall be considered standard densitometric values of optical density taking into account tolerances permitted. The reservation above shall refer to a situation where the customer provides their own patterns for printing.
    4. COMgraph sp. z o.o. on the day of order execution submits the object of order at the disposal of the Ordering Party in a place defined in an order.
    5. The Ordering Party shall immediately, upon collection of goods, inspect the object of order in a manner appropriate for the object of order and for compliance with a contract.
    6. The Ordering Party shall pay COMgraph sp. z o.o. remuneration defined in an order within time limit specified in an invoice.
  4. IV. Failure to perform or inappropriate performance of contract

    1. COMgraph sp. z o.o. shall be liable for failure to perform or inappropriate performance of contract in accordance with general principles resulting from provisions generally in force.
    2. In the event of non-compliance by the Ordering Party with “General terms and conditions of order execution”, in particular, in the event of absence of payment in specified time, COMgraph sp. z o.o. reserves the right to refer the case to court proceedings and charge the Ordering Party with costs related thereto (costs of trial, costs of legal representation, etc.).
    3. COMgraph sp. z o.o. shall be entitled to remuneration also in the event of failing to perform the object of contract for reasons attributable to the Ordering Party. In the event of non-performance of an order by COMgraph sp. z o.o. for reasons attributable to the Ordering Party, COMgraph sp. z o.o. shall be entitled to demand return of incurred costs towards order execution and compensation on general terms.
    4. In the event of defects revealed in goods / order, the Ordering Party shall notify COMgraph Sp. z o.o. in writing within 7 days from the date of collection. Written notification within the aforementioned time limit shall be the sole basis for accepting a complaint. Defects in parts of provided goods shall not be an entitlement to lodge a complaint against the entire delivery.
    5. Liability of COMgraph sp. z o.o shall be excluded for defects occurring due to inappropriate project or file preparation in PDF format submitted by the Ordering Party.
    6. Effective complaint lodging by the Ordering and time limit for considering it by COMgraph sp. z o.o. shall not exempt the Ordering Party from payment of an agreed price within agreed time limit.
    7. COMgraph sp. z o.o. shall not be liable for failure to perform or inappropriate performance due to acts of force majeure or other occurrences due to causes beyond control of COMgraph sp. z o.o.
  5. V. Limitations of responsibility

    1. In the event of any claims by the Customer, the liability of COMgraph Sp. z.o.o. shall be limited to replacement / repair of products subject to a claim or to reimbursement of costs of purchase of products. Liabilities of COMgraph under the above-stated conditions shall not include mandatory replacement of the whole or part on account of: accident, negligence, use of products in a manner different from generally accepted for this type of products, in particular, abuse, inappropriate handling in inappropriate environmental conditions such as inappropriate air conditioning, inappropriate humidity and temperature management, or inappropriate storage (caused by the customer).
    2. Under no circumstances the liability resulting from the sale of products may exceed the amount paid by the customer for defined products and/or services, which directly caused compensation claims. In the event of reimbursement by COMgraph Sp. z o.o. 100% amount of the order value, the customer shall return the total volume of an order.
    3. In each case, the liability of COMgraph Sp. z o.o. can occur only due to glaring negligence and under no circumstances COMgraph Sp. z o.o. shall be held liable for any loss of income or profits or indirect, special, incidental, secondary damages or upon relying on arbitrary type of information even if COMgraph learns of possibility of such damages.
    4. In the case of Products delivered, but not manufactured by COMgraph Sp. z o.o., the liability of COMgraph Sp. z.o.o. regarding such products shall be limited to amounts recovered by COMgraph Sp.z o.o. under possible guarantees granted by a supplier.
  6. VI. Final provisions

    1. The Ordering Party undertakes to immediately notify COMgraph sp. z o.o. in writing on: change of its seat, e-mail address and other contact details. Failure to comply with the aforementioned obligation shall result in any correspondence, delivered to the address indicated previously, deemed as effectively served.
    2. Any disputes arising from contracts entered into under “General terms and conditions of order execution” shall be resolved by a court of law competent for the seat of COMgraph sp. z o.o.
    3. COMgraph sp. z o.o. reserves the right to use manufactured materials solely for marketing purposes.
    4. Provisions of “General terms and conditions of order execution” shall apply respectively to a contract also in the event of concluding it by way of negotiations unless agreed otherwise by the parties.
    5. Under these “General terms and conditions of order execution”, any materials herein, name of the service and other logo signs, service signs are subject to copyright protection and personal property protection. Any attempt to use, reproduce, transform materials included in the service website without proprietor’s consent shall be prohibited.
    6. These “General terms and conditions of order execution” shall be in force since 25 December 2014.