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Terms and conditions of the www.fkd.pl store
and general sales conditions

  1. 1. Definitions

    1. Client - a legal person, an organisational unit without legal personality which other provisions authorise to acquire rights and incur obligations in its own name, as well as a natural person provided that they conduct business or professional activity and, when using the Portal, perform legal acts within the scope of that activity, placing an Order within the Portal.
    2. Terms and Conditions - these terms and conditions for the electronic provision of services by the printing company Grupa FKD Sp. z o.o. with its registered office in Poznań.
    3. Portal - the website available at https://fkd.pl/ through which the Client may place Orders.
    4. Products - printing materials and services traded within the operations of the https://fkd.pl/ Portal.
    5. Order, also referred to as the Assignment - the Client's declaration of intent directly aimed at concluding a sales contract, specifying in particular the type and quantity of the goods.

  2. 2. General provisions

    1. The Terms and Conditions set out the rules for using the online portal available at https://fkd.pl/, hereinafter referred to as the Portal.
    2. The owner and administrator of the https://fkd.pl/ website is Grupa FKD Sp. z o.o. with its registered office in Poznań, ul. Zbąszyńska 8a, 60-359, Tax Identification Number (NIP) 7792372599, National Business Registry Number (REGON) 301397496, entered in the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under number 0000352291, hereinafter 'FKD'.
    3. The Portal enables the Client to review FKD's goods, their prices, parameters and availability, and allows Clients to conclude a sales contract under the rules specified in item 4 below.
    4. Only legal persons, organisational units without legal personality that are granted the right to acquire rights and incur obligations in their own name by separate provisions, as well as natural persons provided that they conduct business or professional activity and, when using the Portal, perform legal acts within the scope of that activity may become Clients of the Portal. A natural person who does not conduct business or professional activity may not be a Client of the Portal. Any legal actions performed via the Portal by a person who does not meet the above condition shall burden that person exclusively.
    5. Product prices are gross prices expressed in Polish zloty and do not include transport costs. Information concerning a specific order is provided during its placement, depending on the selected payment and delivery method.
    6. Sales through the Portal are carried out according to the rules set out in these Terms and Conditions. Placing an order on the Portal constitutes the Client's acceptance of the sales rules arising from the Terms and Conditions and of the obligation to comply with the rules contained therein.

  3. 3. Using the Portal

    1. Placing an Order for FKD Products requires the Client to create an account on the Portal by correctly completing the form, including providing their name and surname, current e-mail address and telephone number.
    2. FKD may deprive the Client of the right to use the Portal or limit access to part or all of its resources with immediate effect if the Client breaches the Terms and Conditions, in particular when the Client:
      1. provided false, inaccurate or outdated data during registration, misleading or infringing the rights of third parties,
      2. violated the personal rights of third parties through the Portal,
      3. committed other behaviour that FKD deems to be contrary to applicable law or the general principles of using the Internet or detrimental to FKD's good name.
    3. A Client who has been deprived of the right to use the Portal may not register again without FKD's prior consent.
    4. To ensure the security of communication and data in connection with the services provided via the Portal, FKD takes technical and organisational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted over the Internet.
    5. A Client of the Portal may not:
      1. provide or transmit content that is unlawful, e.g. content promoting violence, defamatory content or content infringing personal rights or other rights of third parties,
      2. use the Portal in a way that disrupts its functioning,
      3. send or post unsolicited commercial information (spam) within the Portal,
      4. use the Portal in a way that is burdensome for other Clients and FKD.
    6. The Client is obliged in particular to:
      1. use any content posted within the Portal solely for their own use,
      2. use the Portal in a manner consistent with the regulations in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions and the general principles of using the Internet.

  4. 4. Placing an Order

    1. An Order concerns printing materials and services whose properties are specified by the Client during the purchasing process.
    2. To conclude a sales contract, one must visit www.fkd.pl, create an account, select the Product and its parameters by following the displayed prompts, and place an Order.
    3. After clicking the 'Add to cart' button, the Client is taken to the Order page where they can upload the graphic file, choose the payment method and the delivery option, and provide the data necessary for processing the Order, i.e.:
      1. first and last name,
      2. exact address,
      3. telephone number,
      4. e-mail address,
      5. tax identification number and company name.
    4. Clicking the 'I buy with an obligation to pay' button generates an e-mail message sent to the address provided during registration. The message contains confirmation of receipt and a summary of the Order, in particular:
      1. the subject of the Order and its number,
      2. the total price of the ordered Products or services,
      3. the payment and delivery method,
      4. the address to which FKD will deliver the shipment and the delivery time.
    5. An Order is forwarded for processing only once the Client has accepted all submitted graphic files and the payment for the Order has been credited to FKD's account or authorised in the case of Orders paid via the "Blue Media" or "Przelewy24" payment systems in accordance with clause 6.2.1 of the Terms and Conditions.
    6. The Client's acceptance of all submitted graphic files constitutes a declaration of intent to conclude a sales contract with FKD and, for Orders already paid, means that the Order is passed for processing and can no longer be cancelled.
    7. After placing an Order, the Client has no right of withdrawal because Orders placed via the Portal concern non-prefabricated goods produced according to the Client's specification, and FKD manufactures and delivers the goods accordingly.
    8. An Order that has not been paid for and for which the graphic files have not been approved remains valid for 30 days, after which it is automatically removed from the user's account.
    9. If Clients have placed and paid for an Order but have not approved the files, FKD will contact them 30 days after the payment is booked on the account to agree on further steps.
    10. Payment may be made before the acceptance of the graphic files. Within seven days from the moment the payment is credited to the account, FKD will issue an invoice in accordance with its accounting rules.
    11. The Client may cancel the Order only until the graphic files are accepted. In such a case, FKD will refund the funds within 14 business days to the bank account from which the Client made the payment or to the bank account linked to the Client's payment card used for the payment, reduced by administrative costs arising from the activities FKD must undertake to cancel the initiated Order processing (i.e. PLN 30.75 gross). FKD will then issue a corrective invoice reducing the value of the Order.
    12. Orders can be placed 24 hours a day, 7 days a week. Exact file acceptance times and lead times are specified on the Portal separately for each Product.
    13. The Client may, as part of the Order, commission FKD to prepare a graphic design. In such a case, unless the parties agree otherwise regarding the remuneration, deadline and method of executing the design, the graphic design will be produced under the following rules:
      1. The price of the graphic design includes one version of the design with the right for the Client to request two minor adjustments that do not interfere with the overall concept. Any further revisions are charged based on the time spent at an hourly rate of PLN 80 net,
      2. The price of the graphic design does not include additional costs, in particular: the purchase of photos and graphics from online libraries and their advanced retouching,
      3. The price of the calendar graphic design does not include designing individual calendar grids (FKD uses its own ready-made grids),
      4. The Client is obliged to provide FKD with all necessary texts, logos, photos or graphics as well as specific guidelines concerning the appearance of the design by completing the form in the Order process,
      5. After receiving the complete set of guidelines and materials referred to above, FKD will inform the Client about the estimated completion date of the Order,
      6. The graphic design is submitted to the Client for approval by placing it in the Client Panel on https://fkd.pl/ in the Orders tab (the design is attached to the given Order). The Client may approve the design or reject it by providing corrections in accordance with clause 4.13.1 of the Terms and Conditions. Acceptance of the graphic design means that the file is sent to print without the possibility of cancelling the Order or making any changes.
    14. Any deviations from the provisions of clauses 4.13.1–7 are priced individually in each case.
    15. Submitting any materials, information and documents by the Client for the purpose of preparing the graphic design is equivalent to a declaration that these documents are their property, that they hold the copyrights to them at least to the extent necessary for FKD to use them in the graphic design, and that they authorise FKD to use them when performing the Order. At the same time, the Client releases FKD from any liability for infringements of third-party rights if such infringement results from the Client's failure to fulfil the obligation or from the untruthfulness of the declarations referred to above.
    16. The Client will cooperate in the execution of the graphic design, in particular by providing FKD with all guidelines and explanations necessary for FKD to complete the design.
    17. The copyrights to the completed design belong to FKD. FKD may transfer these rights to the Client for a separate remuneration agreed between the Parties.
    18. Information about services and products on the Portal constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. By placing an Order via the Portal, the Client submits to FKD an offer to conclude a contract. Confirmation of acceptance of the Order for execution constitutes a declaration of acceptance of the offer after FKD has verified the possibility of fulfilling it (including the correctness of the files received from the Client).

  5. 5. Delivery

    1. Delivery of Products is limited to the territory of the Republic of Poland and is made to the address indicated by the Client when placing the Order.
    2. Delivery of the ordered Products is carried out via courier companies.
    3. The delivery lead time is specified separately for each Product and presented on the Portal.
    4. FKD will make every effort to execute and dispatch the Order within the indicated time limit, but may extend the lead time due to an unexpected production peak by up to 3 business days. Delays in execution within the indicated time frame do not entail FKD's liability for damages and do not entitle the Client to withdraw from the contract. If the delay caused by the production peak exceeds 3 days, the Client may receive compensation amounting to 1% of the contract value for each day. The total compensation is limited to 5% of the contract value.
    5. FKD allows for the possibility of untimely Order execution resulting from random events beyond FKD's control, such as failures in electricity or Internet supply, delays on the part of shipping providers or breakdowns of devices used in the production process. Delays caused by these reasons do not entail FKD's liability for damages and do not entitle the Client to withdraw from the contract.

  6. 6. Price and Payment

    1. Product prices are quoted in Polish zloty and include the cost of Order handling, the cost of the Product, packaging, cartons and VAT, unless otherwise indicated in the Product description. The prices do not include additional costs for non-standard options such as cash on delivery fees, surcharges for specifying a delivery time or surcharges for shipping to multiple addresses.
    2. Payment for the Order can be made:
      1. via the integrated payment systems Blue Media and Przelewy24, including payment cards (debit, credit, prepaid; supported cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) and online transfer,
      2. by bank transfer.
    3. FKD is not liable for delays resulting from late transmission of data by the integrated payment systems.
    4. By making purchases on the Portal, the Client agrees to receive invoices and corrective invoices electronically. The Client may also download the e-invoice by logging into the Portal. The e-invoice is available in the details of the given Order.
    5. The entity providing online payment services in the Blue Media system is Blue Media S.A. with its registered office in Sopot.
    6. The entity providing online payment services in the Przelewy24 system is PayPro SA with its registered office in Poznań.
    7. Each payment made by the Client constitutes, until the Order is accepted for execution by FKD, an advance payment towards the performance of the Order.

  7. 7. Materials for Printing

    1. FKD is not responsible for any copyright infringements or the content of materials supplied by the Client. However, if they contain unlawful content or content that violates moral standards, FKD has the right to refuse to execute the Order.
    2. FKD is not liable for substantive or spelling errors contained in the graphic design.
    3. Materials that FKD receives from the Client should be prepared in accordance with the instructions published on the Portal.
    4. If the materials supplied by the Client do not comply with the instructions posted on the Portal, the Client will be informed immediately, which is equivalent to conditional or negative verification of the graphic files.
    5. FKD is not liable for the Client's acceptance of files that are incorrectly prepared for printing and contain, for example, improper use of layers, white overprint, etc. Once the Client approves such a file, the Order is forwarded for execution.
    6. FKD is not responsible for delays in fulfilling Orders resulting from the Client's failure to provide correct files and materials.
    7. Files, data and materials sent to FKD are archived for an indefinite period. An exception are Clients' graphic files added to orders, which are deleted 6 months after their last use in an Order, and personal data, which are processed in accordance with the Privacy Policy.

  8. 8. Complaints

    1. The condition for accepting a complaint is the completion of the complaint form available in the Client Panel, in the details of the given Order, on the 'Orders' page.
    2. The complaint notification should include a precise description of the identified non-conformity and the scope of the complaint request.
    3. The final deadline for submitting a complaint expires on the 10th business day from the moment the Client receives the shipment.
    4. FKD undertakes to review the complaint within 10 business days from the moment it is submitted. Complaints submitted on non-working days are an exception; in such cases they will be reviewed within no more than 10 business days counted from the next working day following the non-working day. These deadlines are the maximum time limits for providing a response forming the basis for further complaint proceedings. To complete the complaint procedure, the Client may be asked to return part or all of the quantity produced. If the complaint requires additional documentation or explanations from the Client, FKD is obliged to send an e-mail specifying the elements that need supplementing, and the Client is obliged to provide them within 7 business days of receiving the e-mail. After that time the complaint procedure is closed and the complaint is deemed rejected.
    5. Complaints are accepted on business days until 4:00 p.m. Complaints filed after that hour are considered submitted on the next business day.
    6. Due to technological differences between the way most monitors display colours and the printing technology, comparing print colours with colours presented on a monitor is technologically incorrect. A lack of colour consistency between the print and the on-screen image cannot therefore constitute grounds for a complaint.
    7. FKD makes every effort to reproduce as faithfully as possible the colours contained in the designs supplied by the Client. Since many printing machines are used in the printing process and they differ in how certain colours are rendered, slight colour differences may occur when printing the same design on different machines. Such a situation may arise when a design is reprinted. These differences cannot constitute grounds for complaints about the Products delivered by FKD.
    8. A fold is considered defective if it causes the paper to crease, wrinkle, etc., preventing proper reading of the content or illustrations. For grammages above 150 g, paper cracking at the fold line may occur, especially in heavily inked areas. To limit this undesirable effect, FKD performs scoring before folding. FKD allows the possibility of foregoing scoring for 170 g grammage if the above phenomenon does not occur. Depending on the material and graphics, scoring does not fully eliminate cracking; this results from the material's strength limits and such a defect is not treated as an FKD error.
    9. A defective varnish layer of offset, dispersion or UV varnish is understood as a layer that has areas intended for varnishing which are unvarnished, flaking, etc.
    10. Due to the specification of production machines and the printing process, the following deviations are permissible:
      1. when cutting the sheet into single pieces – tolerance up to 2 mm,
      2. when folding and scoring (deviation of the fold from its nominal position) – tolerance up to 1 mm,
      3. when perforating (deviation of the perforation from its nominal position) – tolerance up to 1 mm,
      4. when matching colours printed successively – tolerance up to 0.1 mm,
      5. for quantitative and qualitative differences between the ordered and delivered quantity – not exceeding +/- 5% of the ordered quantity,
      6. for spot UV varnishing, matching the design and varnish layer – tolerance up to 1 mm.
    11. FKD assesses the validity of a complaint based on samples archived by the Quality Control Department. In unclear cases FKD may require the Client to return all or part of the print run. If the complaint is upheld, FKD bears the cost of returning the goods.
    12. Complaints related to the quality of courier deliveries will be examined on the basis of a damage report drawn up jointly with the courier upon receipt. The absence of a damage report may constitute grounds for FKD to refuse the complaint.
    13. The maximum level of compensation for a complained Order may not exceed 100% of its value.
    14. Identifying non-conformity in part of the delivered goods does not provide grounds for complaining about the entire Order.
    15. Defects of the Order item that are identified and reported to FKD will be remedied free of charge by FKD within 14 business days from the date the complaint is deemed justified.
    16. FKD is liable only for its own actions and omissions. FKD is not responsible for the consequences of acts or omissions of third parties, in particular for delays in transferring funds by financial institutions and carriers through whom the Products are delivered to the Client.

  9. 9. Reporting a Portal Error

    1. FKD takes actions to ensure the correct functioning of the Portal to the extent resulting from current technical knowledge and undertakes to remove as quickly as possible any irregularities reported by Clients.
    2. Irregularities related to the functioning of the Portal may be reported by the Client by sending an e-mail to: biuro@fkd.pl.
    3. When reporting an error, the Client should indicate the type and date of the irregularity.

  10. 10. Consent to Use the Client's Trademark

    1. The Client grants free, non-exclusive and territorially unlimited consent to use:
      1. the Client's legal name, including all word marks used to distinguish its enterprise,
      2. word, graphic and word-and-graphic trademarks registered for the Client or commonly identifying the Client,
      3. basic data regarding the scope of services provided by FKD to the Client,

      for an indefinite period, solely for advertising, promotional and marketing purposes concerning FKD's activity and projects, in the following scope: on the Internet, on the website www.fkd.pl and on the blog run by FKD on that website, in order to place them on marketing materials and as examples of completed projects, as well as to inform third parties about the parties' cooperation in FKD's marketing materials and on its website, in particular in the 'Portfolio' tab (or its equivalent).

    2. The Client has the right to withdraw the consent and to demand that the use of the Client's marks and name be discontinued at any time. FKD will remove the marks and the Client's name from its website and marketing materials within 7 days from the date of receiving the Client's request.
    3. Promotional materials featuring the Client's marks and name will be produced as part of projects that contribute to building a positive image of both parties. FKD undertakes to use the Client's marks and name in a manner that does not violate the law or good practices.
    4. FKD is not authorised to grant third parties permission to use the Client's marks and name.

  11. 11. Final Provisions

    1. The law governing contracts concluded in the manner specified in these Terms and Conditions is Polish law.
    2. Assignment of receivables against FKD to other entities is possible only with FKD's consent granted in writing under pain of nullity.
    3. The e-mail address of Grupa FKD is: biuro@fkd.pl. The Client may also contact FKD using the e-mail addresses listed on www.fkd.pl in the 'contact' section.
    4. The Client is obliged to immediately notify Grupa FKD of any change of registered address, e-mail address and other contact details provided in the Order. Failure to fulfil this obligation means that any correspondence sent to the previously indicated address is deemed effectively delivered.
    5. The Client is obliged to ensure the proper functioning of the indicated mailbox from the moment the Order is placed until it is fully completed.
    6. The provisions of these Terms and Conditions apply accordingly to a contract concluded by way of negotiation unless the parties agree otherwise.
    7. The Client agrees to receive invoices in electronic form.
    8. The competent court to resolve any disputes is the court of general jurisdiction for the city of Poznań.
    9. FKD reserves the right to amend these Terms and Conditions, whereby the amendments apply from the date they are published on www.fkd.pl. Orders placed before the amendments enter into force are governed by the Terms and Conditions in force on the date the Order was placed.

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