OfPosters.com Regulations

§1 General Provisions

1. The owner of the Service at dgartanddecor.com is OfPosters.com Jakub Góralczyk, residing in Baniocha, email address contact@dgartanddecor.com, phone number 507113012, Tax ID: 1230845279, REGON: 140067553.

2. The Regulations define the rules for using the Service and its functionality, including the type and scope of services provided, including electronic services provided by its owner, conditions and rules for placing orders, technical conditions, methods of concluding and terminating distance contracts, payment rules and deadlines, delivery conditions, and complaint procedures.

3. You can contact the Seller by writing to the email address: contact@dgartanddecor.com or by phone: 507113012.

§2 Definitions

1. Price - value expressed in monetary units that the Customer is obligated to pay to the Seller.

2. Business day - day of the week from Monday to Friday, excluding holidays.

3. Delivery - means the delivery of the Product to the Customer by the Seller.

4. DSA - Regulation of the European Parliament and of the Council (EU) 2022/2065 of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).

5. Civil Code - Civil Code Act of 23 April 1964.

6. Customer - entity making a Purchase of goods for their own consumption and acquiring ownership rights to them or intending to make a Purchase. Natural person with full legal capacity, and in cases provided for by generally binding legal provisions also a natural person with limited legal capacity, legal person, and organizational unit without legal personality to which the law grants legal capacity - who has concluded or intends to conclude a Contract with the Seller.

7. Consumer - natural person performing a legal act with an entrepreneur not directly related to their business or professional activity (definition based on Art. 22¹ of the Civil Code).

8. Offer - sales proposal containing essential elements of a given Product.

9. Privacy Policy - document defining the principles of personal data processing, available at http://dgartanddecor.com/home,20,polityka_prywatnosci.html.

10. Product - any goods or services within the meaning of Art. 2 point 3 of the act on combating unfair market practices; the Product is paid, unless stated otherwise.

11. Electronic Product - digital content that the Customer receives as part of the Purchase, which takes the form of an electronic file. The file format depends on the content of the material (e.g., e-book, other materials in pdf format, audio/video).

12. Physical Product - product subject to physical shipment by mail/courier or which can be collected in person.

13. Entrepreneur - natural person, legal person and organizational unit that is not a legal person to which a separate act grants legal capacity, conducting business activity in their own name, who uses the Service.

14. Entrepreneur with consumer rights - natural person concluding a contract directly related to their business activity, when it follows from the content of this contract that this contract does not have a professional character for them, resulting in particular from the subject of the business activity they conduct, made available on the basis of provisions on Central Registration and Information on Business Activity.

15. Regulations - these Sales Regulations defining the rules for using the Service, placing orders and rules for order fulfillment by the Seller.

16. Service - website dgartanddecor.com, on which the sale of Products by the Seller is conducted.

17. Seller - OfPosters.com Jakub Góralczyk, residing in Baniocha, email address contact@dgartanddecor.com, phone number 507113012.

18. Goods - thing that is the subject of the contract concluded between the Seller and the Customer.

19. Contract - mutual agreements of the Seller and Customer determining mutual rights and obligations.

20. Distance contract - contract concluded without simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment of concluding the contract.

21. Service - any activity containing an element of immateriality, which consists in acting on the Customer or their objects, which does not cause transfer of ownership rights.

22. Digital service - service allowing the Customer to: a) produce, process, store or access data in digital form, b) share data in digital form that has been sent or produced by the consumer or other users of this service, c) other forms of interaction using such data.

23. Electronic service - service provided electronically through the Service; service within the meaning of Art. 2 point 4 of the act on providing services electronically.

24. Purchase - transfer of ownership to the Customer for a fee or free of charge.

§3 Rules for concluding contracts

1. The Regulations and the Offer determine the rules of cooperation and conditions for contract fulfillment.

2. At the bottom of the website, the Regulations are made available to the Customer free of charge. The content of the Regulations can be recorded by the Customer by downloading, saving on a medium or printing at any time from the Service page.

3. The Customer cannot place Orders using incorrect personal data, anonymously or under a pseudonym.

4. The Regulations and the Offer do not limit or exclude the rights of the Customer who is a Consumer or Entrepreneur with consumer rights, resulting from absolutely binding legal provisions.

5. In case of discrepancies between the content of the Regulations and the Offer, the Offer shall be binding.

6. The Contract is concluded at the moment of clicking the "Buy and pay" button or at the moment of express confirmation of the desire to place an order by email.

7. Receipt of the order will be confirmed by email. The Contract is concluded at the moment of receiving order confirmation / shipping confirmation with a separate message.

8. The Customer is prohibited from providing content of an illegal nature, is obligated to use the Service in accordance with applicable legal provisions, the Regulations and good customs, taking into account personal goods and intellectual property rights, in particular copyright belonging to the Seller or third parties, and in a way that does not disturb the functioning of the Service.

§4 Price

1. The price is the gross price and includes all taxes required by legal provisions, except for situations where the Seller clearly indicated in the Offer that it is otherwise.

2. The Seller informs that they are not a VAT taxpayer.

3. The price does not include information about delivery costs or other costs that the Customer is obligated to bear, and about which costs they will be informed before placing the order.

4. The reduced price is the price valid after reducing the Product price.

5. The lowest price is the lowest price for the Product that was valid in the period of 30 days before introducing the reduction, and in case of a product offered for sale for a period shorter than 30 days - the lowest price is the lowest price valid in the period from the day of starting to offer this Product to the day of introducing the reduction.

6. The Seller reserves the right to make changes to Product prices and to conduct and cancel promotional actions. Possible changes to Product prices are valid from the moment of their introduction on the Service page and do not violate already concluded Contracts. Promotions conducted by the Seller are not subject to combination, unless the regulations of the given promotion state otherwise. Detailed information is included each time in the conditions or regulations of the given promotion.

§5 Rules of cooperation and placing orders in the Service

1. The Customer can use the Service 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed on the next Business day. The Seller reserves the possibility of temporary disconnection of the Service for technical reasons.

2. The Seller does not use external payment operator services to offer online payments.

3. The Customer can choose the following forms of payment for ordered Products:

   • upon collection at the Seller's premises or at a place indicated by the Seller
   • by bank transfer - payable directly to the Seller's account, after prior contact with the Seller about the matter. In case of payment by bank transfer, the product will be sent after receiving and posting the transfer to the Seller's bank account

4. The Customer has the obligation to make payment immediately after placing the order, unless something different results from the Offer or the payment method chosen by the Customer.

5. To Purchase Products through the Service it is necessary to:

   • choose the Product(s) you want to buy from among the options available on the page, by clicking the "add to cart" button or analogous button;
   • after choosing Products, indicate the required information (e.g., Customer data, payment method, delivery method);
   • familiarize yourself with information about the total price for chosen Products, including delivery and other additional costs resulting from the placed order;
   • accept the Regulations and the order, as well as make payment for the order according to the chosen payment method. After placing the order, the Seller will send order confirmation to the provided email.

6. After concluding the Contract, the Seller also sends the Customer its conditions, if they were not delivered before concluding the Contract.

7. The Seller has the right to cancel the order in case of filling out by the Customer the order form in a way that prevents its proper fulfillment despite requiring the Customer to complete/correct the data under penalty of order cancellation or not making payment by the Customer within 3 business days from the day of placement.

8. The Seller reserves the right to refuse acceptance of the order or its cancellation in case it was placed using: software, robot, crawler, spider or any automated system or script behavior or any third-party services used to place the order on behalf of the user.

§6 Physical product - order fulfillment

1. If one or more items are no longer available, the Customer will be informed electronically that the purchase contract for the items mentioned in the email message could not be concluded.

2. The Product ordered by the Customer will be sent after the Customer pays the full price together with delivery costs.

3. Orders are fulfilled throughout Poland. In case of indicating delivery time in business days, this concept should be understood as all days from Monday to Friday inclusive, except for days legally free from work.

4. The order is fulfilled outside Poland's borders, provided that in delivery methods it is possible to choose shipping to the given country.

5. The ordered Goods will be sent no later than within 14 days, unless something different results from the Offer.

§7 Electronic product - order fulfillment

1. In case of Purchase of Product including Electronic Product, access to the Product will be granted to the Customer immediately after making effective payment, no later than within 48 hours, unless something different results from the Offer.

2. Within the User Account framework, the electronic product will be made available or sent to the email address provided by the Customer, subject to the provisions below.

3. In case of Electronic Product, within the framework of which materials, due to the specificity of the Product, are not available immediately after Purchase, these materials will be made available systematically in the following days or immediately - depending on what results from the Offer.

4. In case of Purchase of Product including access to a group on social media platforms, as well as to live transmissions (webinars/online meetings), the Customer will be assigned access to the mentioned places immediately after Purchase or within the time frame resulting from the specificity and Offer.

5. Access to the Product is time-limited, and the time of access to the Product results from the Offer.

6. In case the Customer cannot run the made available file or materials, they should immediately contact the Seller.

7. The Customer is informed by the Seller about updates, including those related to security necessary to maintain Product compliance with the contract.

§8 Digital service - order fulfillment

1. Detailed information regarding the Digital service is found in the Offer.

2. The purchased Digital service will be performed after the Customer has previously agreed on the deadline with the Seller by email and/or in the form of SMS message and/or through the made available online calendar (in case it has been made available) - unless something different results from the Offer.

3. The Customer can use the Service within the time frame specified in the Offer.

4. There is a possibility of a one-time change of the Service deadline unless the Offer states otherwise. The condition of change is canceling the service deadline no later than 48 hours before the planned deadline and establishing a new deadline. In case of not canceling the service according to the mentioned rules, the service will be considered as performed. The deadline change should be made by email or phone to the email address or phone number indicated in the Regulations.

§9 Services - order fulfillment

1. Detailed information regarding the Service, including its scope and execution time, is found in the Offer.

2. The ordered Service will be fulfilled no later than within 14 days, unless something different results from the Offer.

3. The Service fulfillment deadline is counted from the day of receiving from the Customer information necessary for proper Service fulfillment, unless something different results from the Offer.

§10 Technical conditions

1. The Customer can use the internet Service in accordance with applicable legal provisions and the Regulations.

2. The Seller declares that the public nature of the Internet network and the use of services provided electronically may be associated with the threat of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical means that minimize the threats indicated above.

3. To use the Service or place an order, it is necessary for the Customer to have:

   • current version of internet browser supported by the manufacturer with Internet access (e.g., Opera, Mozilla Firefox, Google Chrome);
   • active email account.

4. To use Products (does not apply to Physical Products), it is necessary for the Customer to have:

   • current version of internet browser supported by the manufacturer with Internet access (e.g., Opera, Mozilla Firefox, Google Chrome);
   • active email account;
   • current tool/program handling electronic files in the format indicated in the Offer (e.g., in format *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl);
   • recommended minimum screen resolution: 1024x768;
   • enabling in the internet browser the possibility of saving Cookies files and handling Javascript.

5. In case additional technical requirements are necessary to use the Service or Products, the Customer will be informed about this before using the Service or before placing the Product order.

§11 Warranty and complaint

1. The Seller is responsible for the conformity of the item with the sales contract on the basis determined in Art. 43a and following of the Consumer Rights Act.

2. This chapter defines the rules of responsibility for conformity of performance with the Contract obligating to transfer ownership of Goods to the Consumer and Entrepreneur with consumer rights in the scope of contracts concluded from January 1, 2023.

3. To contracts obligating to transfer ownership of goods, including in particular sales contracts, delivery contracts and work contracts being goods, the provisions of division XI of book three of title II of the act of April 23, 1964 - Civil Code do not apply, but only the consumer rights act. Detailed information regarding the mentioned rules is found in the consumer rights act, and these Regulations do not aim to limit or change them.

4. If the Goods are not in conformity with the contract, the Customer may demand their repair or replacement or in cases specified in the consumer rights act - also withdrawal from the contract.

5. The Seller may make a replacement when the Customer demands repair, or the Seller may make a repair when the Customer demands replacement, if bringing the goods to conformity with the contract in the way chosen by the Customer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the goods to conformity with the contract.

6. If the Goods are not in conformity with the contract, the Customer may make a statement about price reduction or withdrawal from the contract, when:

   • the Seller refused to bring the Goods to conformity with the contract or did not bring the Goods to conformity with the contract
   • lack of conformity of Goods with the contract still occurs, despite the Seller trying to bring the Goods to conformity with the contract;
   • lack of conformity of Goods with the contract is so significant that it justifies immediate price reduction or withdrawal from the contract;
   • from the Seller's statement or circumstances it clearly follows that they will not bring the Goods to conformity with the contract within a reasonable time or without excessive inconvenience for the Customer.

7. The Customer cannot withdraw from the contract if the non-conformity of Goods with the contract is insignificant.

8. In case of withdrawal from the contract, the Customer immediately returns the Goods to the Seller at their cost. The Seller returns the price to the Customer immediately, but no later than within 14 days from the day of receiving the Goods or proof of their return shipment.

9. The Customer may file a complaint regarding non-conformity of Goods with the contract by sending it to the Seller's address indicated in the Regulations (correspondence or email address). The complaint should contain data enabling Customer identification, subject of the complaint and demands related to the complaint.

10. In case of receiving an incomplete complaint preventing its consideration, the Seller will require the Customer to complete it under penalty of leaving the complaint without recognition. The Customer may file a complaint using the template constituting attachment no. 2 to these Regulations.

11. All complaints are resolved immediately, no later than within 14 days from the day of filing the complaint. The complainant receives a response in the form of an email message sent to the email address from which the complaint was sent.

12. Possible deficiencies in the complaint notification will be reported to the Customer immediately, along with the notification, information will be sent on how to complete the deficiencies in the complaint notification.

13. The provisions of this chapter do not apply to Goods that serve exclusively as a carrier of digital content.

14. The provisions of this Chapter regarding the Consumer apply respectively also to contracts concluded by Individual Entrepreneur.

§12 Guarantee

1. In addition to rights resulting from warranty, some Goods may be covered by guarantee. In such case, information regarding guarantee will be determined among others in the Offer or in a separate document according to principles provided for in the consumer rights act.

§13 Other customer rights regarding digital service

1. This chapter defines the rights of the Consumer and Entrepreneur with consumer rights in case of contracts for delivery of digital content/service concluded from January 1, 2023. Detailed information regarding Customer rights is determined by provisions of the consumer rights act, and these Regulations do not aim to limit or change them.

2. If digital content or digital service are not in conformity with the contract, the Customer may demand bringing to conformity with the contract or make a statement about price reduction or withdrawal from the contract.

3. The Seller may refuse to bring to conformity with the contract if bringing digital content or digital service to conformity with the contract in the way chosen by the Customer is impossible or would require excessive costs for the Seller.

4. If digital content or digital service are not in conformity with the contract, the Customer may make a statement about price reduction or withdrawal from the contract, when:

   • bringing to conformity with the contract is impossible or requires excessive costs;
   • the Seller did not bring digital content or digital service to conformity with the contract;
   • lack of conformity with the contract still occurs, despite the Seller trying to bring digital content or digital service to conformity with the contract;
   • lack of conformity of digital content or digital service with the contract is so significant that it justifies immediate price reduction or withdrawal from the contract;
   • from the Seller's statement or circumstances it clearly follows that they will not bring digital content or digital service to conformity with the contract within a reasonable time or without excessive inconvenience for the Customer.

5. The Customer cannot withdraw from the contract if digital content or digital service are delivered in exchange for payment of price, and lack of conformity with the contract is insignificant.

6. If the Customer did not receive digital content or service, the Customer informs the Seller about this. In case of not delivering them immediately or within additional time expressly agreed by the parties, the Customer may withdraw from the contract.

7. The Customer may withdraw from the contract without requiring delivery of digital content or digital service, if:

   • the Seller declared or it clearly follows from circumstances that they will not deliver digital content or digital service or
   • the Parties agreed or it clearly follows from circumstances of contract conclusion that the specified deadline for delivering digital content or digital service was of essential importance for the Customer, and the Seller did not deliver it within this deadline.

8. The provisions of this chapter do not apply if the contract provides for delivery of digital content through a material carrier.

§14 Withdrawal from contract

1. This chapter defines the rules of withdrawal from contract by the Consumer and Entrepreneur with consumer rights.

2. The Customer who is a Consumer or Entrepreneur acting with consumer rights has the right to withdraw from the contract within 14 days subject to the provisions below. To exercise the right to withdraw from the contract, the Customer should inform the Seller about this by means of an unambiguous statement, sending for example email or letter to the address indicated in the Regulations. The template of the contract withdrawal form is found in attachment no. 1 to the Regulations.

3. The right to withdraw from the contract does not apply in case of contracts:

   • for provision of services, if the Seller performed the service in full with express consent of the consumer, who before the start of performance was informed that after its fulfillment they will lose the right to withdraw from the contract and accepted this,
   • in which the subject of performance is a thing not prefabricated, produced according to consumer specification or serving to satisfy their individualized needs - e.g., order in online store of a t-shirt with self-designed print,
   • in which the subject of performance is a thing delivered in sealed packaging, which after opening cannot be returned for health or hygiene protection reasons, if such packaging was opened after delivery,
   • in which the subject of performance are things that after delivery, due to their nature, become inseparably connected with other things,
   • concluded by way of public auction,
   • for delivery of digital content not delivered on a material carrier, for which the consumer is obligated to pay the price, if the Seller began performance with express and prior consent of the consumer, who was informed before the start of performance that after fulfillment of performance by the Seller they will lose the right to withdraw from the contract and accepted this, and the Seller provided the consumer with a document confirming contract conclusion,

4. The Customer mentioned in par. 1 is responsible for the decrease in Product value in connection with using it in a way exceeding what is necessary to determine the nature, characteristics and functionality of the Product.

5. In case of withdrawal from contract for delivery of digital content or digital service, the Customer refrains from using this digital content or digital service and making them available to third parties.

§15 Returns - effects of withdrawal from contract

1. In case of withdrawal by the Customer from the contract, the Seller has the obligation immediately, however no later than within fourteen days from the day of receiving notification about withdrawal from the contract, to return to the Customer all payments received from the Customer, including delivery costs (except for additional costs that may result in connection with the Customer's choice of a different delivery method than the cheapest ordinary delivery method offered by the Seller).

2. For payment return, the same payment method is used that the Customer used during the original transaction, unless it is unambiguously agreed with the Customer to use a different payment method.

3. The Seller reserves the right to refuse to make a return of payment received from the Customer until the moment of receiving the product return or until the moment when the Customer presents proof that the product was sent, depending on which of these events occurs earlier.

4. The Customer has the obligation to return to the Seller or hand over the product immediately, however no later than fourteen days from the day on which they informed about withdrawal from the contract. The deadline is considered met if the product is sent before the expiration of fourteen days.

5. The Seller bears the costs of return shipment of products in case of shipments from the country in which the goods were delivered to the Customer, the Customer is responsible for the decrease in value of things resulting from using them in a way exceeding what is necessary to determine the nature, characteristics and functioning of things.

§16 User panel

1. The Seller may create a User Account for the Customer, i.e., individual panel activated for the Customer by the Seller to use the Seller's Products after the Customer registers and concludes a free contract for creating and maintaining the User Account, hereinafter as Account. The contract for creating and maintaining the User Account is concluded for an indefinite period.

2. The Customer can create a User Account after registering in the Service, hereinafter as Account. The contract for creating and maintaining the User Account is concluded for an indefinite period.

3. The Customer cannot have multiple User Accounts or make the User Account available to third parties.

4. The Seller sends to the email address indicated by the Customer information regarding the User Account. The Customer establishes an individual password for the Account. The Customer has the obligation to establish an individual password also in case when for the needs of User Account registration the password is generated automatically by the system. After Account registration, the Customer should immediately establish a new password.

5. The Customer may report a request to delete the User Account to the Seller by email or in another way accepted for communication with the Seller with observance of a 14-day notice period without stating the reason.

6. Deletion of the User Account may be related to loss of access to Products made available within the User Account framework.

7. The Seller may terminate the contract for creating and maintaining the User Account:

   • for important reasons with observance of a 14-day notice period (applies to Customer who is Consumer or Entrepreneur with consumer rights). By the concept of important reason should be understood in particular violation by the Customer of Regulations provisions or legal provisions, as well as undertaking by the Customer actions contrary to good customs;
   • without stating the reason immediately (applies to Customer who is not Consumer or Entrepreneur with consumer rights).

§17 Image

1. The Customer is aware that their image made available by them within the framework of cooperation with the Seller may be processed by the Seller, including recording and dissemination for educational, archival purposes and for purposes related to Contract fulfillment.

2. By turning on the camera during online transmissions (webinars/online meetings) or by making their image available to the Seller in another way, the Customer expresses consent for recording, using and disseminating by the Seller their image in the form of photos/recordings from the course of online transmissions/course of cooperation for purposes indicated in par. 1.

3. Processing of Customer image for marketing and promotional purposes requires separate consent.

4. The image mentioned above may be used for various types of electronic processing forms, framing and composition, as well as combined with images of other persons participating in online transmission, while video and audio recording with their participation may be cut, edited, modified, added to other materials created within the framework of Seller's activity. The consent includes all forms of publication.

5. The Customer cannot record, use and disseminate the image of other participants/conducting persons without prior consent of the mentioned persons.

§18 Copyright and licenses

1. All materials made available by the Seller, including Electronic Products and Services, photos, texts, graphics, multimedia and trademarks are works within the meaning of the copyright and related rights act, subject to legal protection.

2. The copyright to the mentioned materials is disposed of by the Seller or another entity from which the Seller obtained the appropriate license. Materials may also be used by the Seller based on another legal basis.

3. All materials made available by the Seller may be used exclusively by the Customer for their own use, unless something different results from the Offer. Unauthorized is further dissemination, making available, downloading and obtaining in any way materials beyond the scope of permitted use.

4. The Seller grants the Customer a non-exclusive license, without the right to grant sublicenses and without territorial limitations. Time limitations result from the Offer or from these Regulations. Remuneration for granting the license was included in the price.

5. The Customer has the right to use materials in the following fields of exploitation:

   • recording and reproduction of the work - production with a specific technique of copies of the work, including printing, reprographic, magnetic recording and digital technique for own use
   • circulation of the original Physical Product - introduction to circulation, lending or rental of the original,
   • dissemination of the work in a way different than specified in point b - public performance, exhibition, display, reproduction and transmission and retransmission, as well as public making available of the work in such a way that everyone can have access to it at a place and time chosen by themselves.

6. In case of violation of the prohibition mentioned in this paragraph, including violation of copyright, the Seller has the right to demand from the Customer compensation and satisfaction. The Customer in the mentioned scope may bear civil or criminal liability.

7. The Seller has the right to make periodic updates of Products, including in particular Electronic Products.

8. The provisions of the Republic of Poland apply to these Regulations.

§19 Content limitations - illegal content and content non-compliant with Regulations, reporting illegal content, contact point

1. The Customer is obligated to use the Service in a way compliant with law and ethics, with respect for personal goods and copyright and intellectual property rights of the Owner and other persons.

2. It is forbidden to place content non-compliant with law.

3. Content cannot promote, approve or present (including through links to other websites) committing crimes specified in Directive 2017/541 (hereinafter as: "Directive"), such as among others:

   • Human trafficking, i.e.: Recruitment, transport, transfer, harboring or receipt of persons; Use of threat, violence, coercion, kidnapping, fraud, deception; Abuse of authority, exploitation of vulnerability situation; Giving or receiving payments or benefits to obtain consent of a person exercising control over another person, for the purpose of exploitation.
   • Crimes related to terrorism (full catalog of crimes mentioned in art. 3 par. 1 of the Directive): Committed with the aim of intimidating the population, illegally forcing the government or international organization to undertake or refrain from some action, or destabilizing or destroying fundamental political, constitutional, economic or social structures of a given state or international organization.
   • Example crimes are:
     • Attacks on human life that may cause death.
     • Attacks on physical integrity of a person.
     • Kidnappings or hostage taking.
     • Production, possession, acquisition, transport, supply or use of explosive materials or weapons (including chemical, biological, radiological or nuclear), research on such weapons and weapon development.
     • Illegal interference with computer systems, causing serious damage or committed against a computer system of critical infrastructure character.
     • Illegal interference with computer data in a computer system of critical infrastructure character.
     • Threats to commit one of the above acts.
   • Dissemination or making available messages to public knowledge with the intention of inciting to commit crimes mentioned in the Directive, if such action supports committing terrorist crimes and creates danger of their commission.
   • Inciting other persons to commit or contribute to committing crimes mentioned in the Directive.
   • Providing or collecting funds, directly or indirectly, with the intention of using them to commit terrorist crimes.
   • Preparing or using false official documents with the intention of committing crimes mentioned in the Directive.

4. Content cannot contain information that:

   • Violate personal or property copyright.
   • Violate good customs or moral norms, offend dignity or violate personal goods of other persons, including the right to image.
   • Are vulgar, offensive, support radical social attitudes or proclaim such views (including all types of racial, ethnic discrimination, by gender, religion, spreading hatred, etc.) and contain pornographic content.
   • Constitute advertising prohibited by provisions of the act of 16.04.1993 on combating unfair competition and the act of 23.07.2007 on combating unfair market practices.
   • Are commercial information that misleads.

5. The Owner counteracts the dissemination of terrorist content in accordance with Regulation 2021/784 and illegal content in accordance with DSA.

   • The Owner created a central contact point (hereinafter called: Contact Point) intended for direct electronic communication with the Portal for member state authorities, Commission and Digital Services Council in accordance with DSA requirements: contact@dgartanddecor.com
   • The Contact Point was created to meet the requirements of art. 11 of the Regulation of the European Parliament and of the Council (EU) 2022/2065 of 19 October 2022, concerning a single market for digital services and amending directive 2000/31/EC (digital services act) (DSA).
   • The Contact Point is responsible for handling orders related to actions against illegal content in accordance with art. 9 DSA and orders to provide information based on art. 10 DSA, which are transmitted to the Owner by appropriate judicial and administrative authorities.
   • Users can also use the Contact Point for direct and quick communication with the Owner.
   • The Contact Point handles communication in Polish or English.
   • Notifications regarding illegal content should be directed to the Owner exclusively using the dedicated form available in the Service. The notification must contain all required information indicated in the form (attachment no. 3).
   • The Owner will inform the notifier about receiving the notification and about the way of its consideration via email.
   • The Owner does not independently review published content.
   • The Owner designated one common contact place for direct electronic communication with Member State authorities, Commission and Digital Services Council: http://dgartanddecor.com/home,3,kontakt.html. The contact point also handles orders to take action against illegal content and orders to provide information.
   • Complaints regarding Seller actions related to terrorist or illegal content should be filed according to the procedure described in the Regulations.

6. The Owner suspends service provision for a reasonable period after prior warning in case of service recipients who frequently transmit evidently illegal content. Moreover, the Seller suspends for a reasonable period, after prior warning, consideration of notifications made through notification and action mechanisms and complaints submitted through internal complaint consideration systems, mentioned respectively in art. 16 and 20 DSA, by persons or entities that frequently submit evidently unfounded notifications or complaints.

7. The Owner makes decisions about service suspension after careful evaluation of each case, timely and objectively, with due diligence. It checks whether the service recipient, person, entity or complainant commits abuse mentioned in point 6, taking into account all available relevant facts and circumstances. These circumstances include at least:

   • Number of evidently illegal content or unfounded notifications or complaints that were transmitted, submitted or filed in a given period.
   • Proportion of these numbers in relation to the total number of transmitted information or notifications made in a given period.
   • Severity of abuse, including nature of illegal content and its consequences.
   • Intention of service recipient, person, entity or complainant, if it can be determined.

8. In the unregulated scope, provisions contained in DSA apply.

§20 Final provisions

1. During the duration of force majeure, the Contract parties will be exempt from all liability for its non-performance or improper performance, if only the circumstances of force majeure occurrence will constitute an obstacle in contract performance. The above also applies in the period immediately preceding or following directly after force majeure occurrence, if only in the indicated period the influence of force majeure will constitute an obstacle in contract performance.

2. By "force majeure" should be understood an event of sudden or natural character, independent of the will and action of the Parties, which could not be foreseen and its prevention was impossible, in particular such events as: flood, war, act of terror, introduction of state of emergency.

3. In a situation when the Customer is from outside the Seller's country, they should inform the Seller about this, indicating information about their place of residence/seat, in order to make it possible to settle the tax according to the provisions that oblige them.

4. Within the framework of using Products, it is forbidden to act in a way contrary to law, good customs or violating personal goods of third parties and providing information of illegal character.

5. Amicable consideration of disputes and consideration of complaints. The Consumer has the possibility to turn to:

   • permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract;
   • provincial inspector of Commercial Inspection with a request to initiate mediation proceedings, in the matter of amicable ending of dispute between Customer and Seller;
   • county (municipal) consumer rights ombudsman or social organization, to whose statutory tasks belongs consumer protection in order to obtain help in the matter of the contract;
   • or has the right to use the ODR platform. The platform serves to resolve disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.

6. The Seller reserves the right to introduce changes to the Regulations for important reasons, including in particular due to changes in legal provisions in the scope in which such changes force the Seller to also change the content of these Regulations, in particular changes in Civil Code provisions, consumer rights act, act on providing services electronically, as well as by virtue of binding decisions of UOKIK, PUODO or court judgments in the scope corresponding to issued decisions/judgments and in case of essential change of business factors, provided there is a causal relationship between the mentioned change and change of costs of service provision by the Seller.

7. The applicable law is Polish law subject to par. 9.

8. The competent court is Polish court subject to par. 9.

9. In case of Customer who is a consumer, the provisions of the Regulations do not deprive the consumer of protection granted by legal provisions of the state of their habitual residence, which cannot be excluded based on contract. In case when provisions that oblige in the consumer's state are more favorable for them, and such provisions cannot be excluded by way of contract, then they will find application in the contract concluded between Customer and Seller.

10. Rules regarding personal data processing are regulated in the Privacy Policy.

11. The Regulations are valid from day 2024-07-15.

§21 Other provisions regarding entrepreneurs

1. The provisions of this paragraph apply to the Entrepreneur who is not an Entrepreneur with consumer rights.

2. The court competent to resolve disputes arising between Service Provider and Entrepreneur who is not an Entrepreneur with consumer rights is the court competent by reason of the Plaintiff's seat.

3. The Seller has the right to terminate the contract with the Entrepreneur who is not an Entrepreneur with consumer rights immediately. For this purpose, the Seller sends to the Entrepreneur to the email address or correspondence address a statement regarding contract termination. The Entrepreneur waives any claims in this regard.

4. The Seller is not liable for lost profits in relation to the Entrepreneur who is not an Entrepreneur with consumer rights.

Attachment No. 1

CONTRACT WITHDRAWAL FORM TEMPLATE

Fill out the form in case of desire to withdraw from the Contract.

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Date and city:

Your name and surname: Your address: Your email: Your phone:

OfPosters.com Jakub Góralczyk Kąty ul. Wrzosowa 5 05-532 Baniocha

CONTRACT WITHDRAWAL

I withdraw from the contract of day: Order number:

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Attachment No. 2

COMPLAINT FORM

Fill out the form in case of desire to file a complaint regarding Product non-conformity with the Contract.

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Date and city:

Your name and surname: Your address: Your email: Your phone:

Order number: Order placement date:

OfPosters.com Jakub Góralczyk Kąty ul. Wrzosowa 5 05-532 Baniocha

COMPLAINT NOTIFICATION

I inform that the goods purchased by me are not in conformity with the contract.

Concerns product: Non-conformity was found on day: Product non-conformity with contract consists in: Due to the above, I request:

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Attachment No. 3

ILLEGAL CONTENT NOTIFICATION

Fill out the form in case of desire to report illegal content, content violating service usage rules and harmful content, published through the dgartanddecor.com platform, including especially: content promoting terrorism, showing sexual exploitation of children, spreading racism and xenophobia, violating intellectual property rights, cyberstalking, sale of counterfeit products or products not meeting standards, violating consumer protection rights, illegal use of materials protected by copyright, illegal offering of accommodation services and illegal sale of live animals.

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Date and city:

Your name and surname: Your address: Your email: Your phone:

OfPosters.com Jakub Góralczyk Kąty ul. Wrzosowa 5 05-532 Baniocha

URL address or addresses of content you consider illegal:

Which of the content on the page is illegal (indicate exactly):

Justify the notification:

I declare that the conviction adopted in good faith of the person or entity on whose behalf I make the notification, that the information and accusations contained in it are correct and complete.