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Terms and Conditions

§ 1 General

Online Store Iga Wais, available at the website igawais.com, the website administrator is company:

Iga Wais
Lewakowskiego 13/4, 38-400 Krosno
NIP 684-26-32-465
REGON 385441728

These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Online Store.

§ 2 Definitions

Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to its business or professional activity.
Seller / Creator – a natural person running a business under the name Iga Wais based in Lewakowskiego 13/4, 38-400 Krosno.
Customer – any individual making purchases through the Store.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
Store – an online store run by the Seller on the website: igawais.com.
Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the moment of conclusion of the contract.
Terms and conditions – these Store regulations.
Order – Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
Account – customer account in the Store, it contains data provided by the Customer and information about Orders placed by him in the Store.
Registration form – a form available in the Store that allows you to create an Account.
Order form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of payment.
Shopping Cart – an element of the Store’s in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data.
Product – a graphic design available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a Product sales contract concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – in accordance with the features of the Product – a contract for the provision of services and a contract for specific work.
Buyer – a person making a purchase on the Store and acquiring a license
Non-exclusive license – the license permitting the use of the Graphics under the rules set out below, does not include the transfer of copyrights
Graphics – a graphic design in the form of a pattern or illustration put up for sale on the Store

§ 3 Contact

Seller’s e-mail address: contact@igawais.com

The Customer may communicate with the Seller using the e-mail addresses provided in this paragraph or contact form.

§ 4 Technical requirements

To use the Store, including viewing and ordering the Products, they are necessary:

  • terminal device with access to the Internet and a web browser
  • an active e-mail account (e-mail),
  • enabled cookies,

§ 5 General information

  1. The Seller, to the fullest extent permitted by law, is not liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s is possible after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions.
  3. Prices in the store are given in American Dollar (USD, Euro (EUR) and Polish zloty (PLN). The prices of the Store are shown including VAT.
  4. All Store Products are digital products that the Customer downloads from the Store after making a purchase.
  5. No physical product will be shipped to the customer after purchase.
  6. The terms of using the Store’s Products after the purchase have been described in § 10 License, presenting the conditions of the commercial license applicable to all Store Products.

§ 6 Creating an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: username, e-mail address and password.
  2. Creating an Account in the Store is free. An account can also be created when placing an Order.
  3. Login into Account is possible by entering the username and password set in the Registration Form.
  4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail provided in § 3.

§ 7 Rules for placing an Order

In order to place an Order, you must:

  1. select the Product that is the subject of the Order, and then click the “Add to Cart” button;
  2. then click the “Proceed to checkout” or “Checkout” button to go to the Order Form page;
  3. complete the Order Form;
  4. click the “Place order” button;
  5. choose one of the available payment methods and pay for the order within a specified period (§ 9 point 3).

§ 8 Payment methods offered

The customer can use the following payment methods:

  • Payment by PayPal
  • Payment by credit card

§ 9 Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
  2. After placing the Order, the Seller confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains the Seller’s statements about receiving the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  3. After the Customer selects payment by PayPal or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
  4. After Seller receives the payment, the option to download the Product appears on the Customer’s Account in the Store.

§ 10 License

  1. All Graphics placed on the Store are covered by a non-exclusive License.
  2. Each Graphics can have multiple Buyers, which means that the Buyer does not acquire any copyrights to the Graphics during the purchase.
  3. Upon the purchase of the Graphics, the Creator grants the Buyer a non-exclusive license without time limits in the use of the Graphics, as well as without territorial restrictions in the field of recording and reproducing the Graphics using the available methods of printing on fabrics, paper and other surfaces.
  4. The Buyer has the right to use the Graphics for private and commercial purposes.
  5. The Buyer may present the purchased Graphics on his website and in social channels such as Instagram or Facebook, taking into account the tag @iga.wais
  6. The Buyer has no right to sell the Graphics as a digital file, or any part of it as a final product.
  7. The Buyer has no right to place Graphics on graphic stocks.
  8. The Buyer has no right to resell, license, transfer or share the purchased graphics that were given to him for download after purchasing the Graphics.
  9. The Buyer has no right to use the Graphics as a trademark.

§ 11 The right to withdraw from the contract

  1. The Store’s products are digital products that are not recorded on a tangible medium.
  2. By accepting these regulations, the Customer loses the right to withdraw from the contract within 14 days of making a purchase in the Store in accordance with the applicable consumer law in the European Union regarding digital products.
  3. After making the payment for the Product and downloading the digital graphic file provided in the Customer’s panel, the Product cannot be returned.

§ 12 Complaints procedure

  1. The Sales Agreement covers Products, i.e. graphic designs in digital form.
  2. In the event of receiving an incorrect file or a defect of the purchased Product, the Customer has the right to make a complaint based on the provisions on European Union Consumer Rights.
  3. Complaints should be submitted by e-mail addresses of the Seller provided in these Terms and Conditions.
  4. In order for the complaint to be considered correct, it must contain a product number, description of the Product defect and the circumstances of its occurrence, and attached photo (e.g. a screenshot or a photo of the printout) with a visible Product error. In addition, the complaint should include the data of the customer submitting the complaint.
  5. The Customer has the right to demand that the defect of the product be removed, and if the defect is still visible after the repair by the Seller, the Customer has the right to apply for a refund.
  6. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.

§ 13 Final Provisions

  1. The activity conducted through the igawais.com website is subject to the applicable European legislation relating to e-commerce regulations and the Polish legislation.
  2. The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law, changes in payment methods or in order to improve the operation of the Store. Agreements concluded before the amendment to the Regulations shall be governed by the version of the Regulations in force on the date the User concluded the Agreement with the Seller. We recommend that Users read the Terms and Conditions every time they enter our website, and whenever they want to make a purchase, so that they can freely decide whether they want to continue using it and make purchases.
  3. The customer has the right to use extrajudicial means of dealing with complaints. For this purpose, it may pursue its claims through, among others, the EU online platform ODR: https://ec.europa.eu/consumers/
  4. In the event of controversy or conflicts that may arise from the interpretation or compliance with these Regulations of the igawais.com store, the parties agree to be resolved by courts and tribunals in Poland.