Términos de Servicio de Packhelp

Terms of Service

This Website and the functionalities provided through it are provided by the Seller (hereinafter also referred to as "Packhelp", "we", "us", "our") who owns and administers the Website. When using the following websites:

(hereinafter referred to as the "Website") regardless of the purpose of use, these Terms of Service will constitute a legally binding contract between us, i.e. Packhelp, and you (hereinafter referred to as "User", "You", "Your"). It is your responsibility to carefully read these Terms of Service before using the Website. Use of the Packhelp Website is tantamount to submitting a declaration of reading the Privacy Policy (available at https://packhelp.com/privacy_policy ) and its acceptance. If you do not accept the Terms of Service, you may not use the Website.

Please read the following provisions carefully, as they contain the conditions governing the use of the Packhelp Website. In addition, please read our Privacy Policy located on the Website.

If you have any questions, comments or concerns regarding the contract or any other part of the Website, or regarding any of our presented products and services, or in case of technical problems while using this website, please contact us via following link: https://packhelp.com/contact/.

Remember that you are prohibited from providing unlawful content or using the Website in a way that disrupts or prevents its functioning.

Definitions
1. Price– refers to the price of the Goods, valid at the date and time of the Order, inclusive of all promotional offers and rebates; The price does not include delivery costs.
2. Business days– weekdays from Monday to Friday (with the exclusion of public holidays in accordance with the laws of the Republic of Poland).
3. Written form- also includes e-mail messages clearly specifying the name of the sender and recipient, unless the Terms of Service state otherwise.
4. Consumer- a natural person making a legal transaction with the trader not directly related to its business or professional activity within the meaning of art. 221 of the Act of 23 April 1964 - Civil Code. The Consumer, within the meaning of points 11 and 12 of the Terms of Service, is also a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Polish Central Register and Information on Economic Activity.
5. Production tools- matrices, printing dies, graphic materials, and other tools necessary to produce the Goods being the subject of the Order.
6. Newsletter – has the meaning in clause 18.
7. Customer Assistant - a person acting on behalf of the Seller in the course of the Order. The Seller will appoint a Customer Assistant if the Order requires actions outside the automated ordering system available on the Website. The User will be informed about the contact details of the Customer Assistant. If the User places another Order, the Customer Assistant shall be considered a person acting on behalf of the Seller submitting an offer or cooperation proposal to the User.
8. Custom Clearance Fee– fee charged by the logistic companies for taking care of custom clearance.
9. Custom Duties– indirect tax levied on goods, calculated by respective authorities after custom clearance is made, paid solely by the Customer in accordance with the applicable laws.
10. Account- a service provided electronically; access to the User’s personalized administration panel accessible after successful registration and logging on to the Website by the User - after providing a pre-set login and password through which the User can place an Order, and in which the User's information and documentation related to his Orders are stored.
11. Entity– refers to any natural or legal person, as well as an unincorporated organisational unit, to which the law grants legal capacity.
12. Privacy Policy- a document regulating the security of privacy protection and the processing of the User’s personal data; The Privacy Policy is available at this address: https://packhelp.com/privacy_policy.
13. Terms of Service– refers to these Terms of Service.
14. Packhelp Warranty - additional service provided by the Seller in connection with the conclusion of the Contract of sale.
15. Force majeure- means any external event, impossible to predict by the Parties, the consequences of which could not have been prevented, particularly a natural disaster, terrorism, hostilities, violent riots, strikes, acts of public authority requiring subordination or introducing any restrictions, other common disturbances affecting many enterprises, including production disruptions not attributable to the Seller, or interruptions in the supply of electricity or other utilities.
16. Seller or Packhelp– refers to Packhelp spółka akcyjna registered in the Republic of Poland, whose registered office is located in Warsaw at ul. Kolejowa 5/7, 01-217 Warsaw, Republic of Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register under the KRS number 0000831872 with the tax identification number (NIP) 123-130-81-29, entered into the Polish database on products and packaging and on the management of packaging under no. 000503529 (BDO), having German LUCID register number: LUCID 4000299184498, having French UIN register number: FR248287_01DMIU and the following phone number: +48 12 211 31 38.
17. Goods– refers to the goods sold by the Seller in accordance with these Terms of Service; specific information on the Goods are available under designated tabs on the Website.
18. Contract of sale– refers to the Contract for the sale of the Goods concluded by way of an Order placed by the User and a confirmation of this Order by Packhelp; The Contract of sale is concluded in accordance with the provisions of these Terms of Service between the Seller and the User, via the Website sales system, by e-mail or in writing.
19. User– refers to an entity with full legal capacity using the Website, in particular whose name appears on the Order.
20. Order– refers to a declaration of will of the User leading directly to the conclusion of the Contract of sale - containing its essential terms; Orders may be placed electronically via the Website sales system, by e-mail, or in writing 24 hours a day, 7 days a week throughout the year, with the reservation that their processing takes place on Business Days from 9.00 to 18.00; The User may place Orders only for the Goods and/or Services marked as available on the Website;
21. Print Expert Check - refers to the Services made available by the Seller, in accordance with these Terms of Service, to the Users who used the creator (graphic design) available on the Website for creation of the Goods covered by a particular Order, consisting in particular in: (i) checking of the images, fonts and design of the ordered Goods by the experienced Seller’s Print Specialist, and (ii) improving of the Goods’ project if necessary; specific information on the Print Expert Check and its scope are available under designated tabs on the Website.
22. Services - refers to the services made available by the Seller in accordance with these Terms of Service; specific information on the Services are available under designated tabs on the Website.
23. Services Contract– refers to the contract for the performance of Services concluded by way of an Order placed by the User and a confirmation of this Order by Packhelp; The contract is concluded in accordance with the provisions of these Terms of Service between the Seller and the User, via the Website sales system, by e-mail or in writing.
24. Packaging Toolbox – means the Services made available by the Seller to the Users who are not Consumers, in accordance with these Terms of Service, on the Website for creation of the packaging layouts, consisting in two modules: (i) dielines, and (ii) diecut layouts; specific information on the Packaging Toolbox and its scope are available under designated tabs on the Website.
25. Wallet– a digital wallet, in which a Wallet Funds of the User are stored, visible to the User only if the Seller has allowed the User to use the Wallet and the Wallet Funds are still available for use and did not expire;
26. Wallet Funds – an amount allowing to cover the part respective Order Price, accessible in the User’s Wallet;
27. Template– means advanced graphic design consisting in shapes, fonts and/or other graphic elements, which may be used by the User and placed on the Goods in packaging editor within a particular Order;
28. Premium Template– means a Template, which final design as well as final price shall be individually agreed upon by the User and Packhelp via e-mail.
29. Pattern– means collection of repeated shapes and/or other graphic elements, which may be used by the User and placed on the Goods in packaging editor within a particular Order;
30. Premium Pattern– means a Pattern, which final design as well as final price shall be individually agreed upon by the User and Packhelp via e-mail.
Technical requirements
1. In order to use the Website, the User must meet the following technical requirements:
  1. have a device with Internet access and the ability to display the Website interface,
  2. have an updated browser in the latest version provided by the following producers: Microsoft Edge, Google Chrome, Mozilla Firefox, Apple Safari,
  3. enabled cookies and installed appropriate browser add-ons that allow Java, JavaScript, Adobe Flash,
  4. software blocking the operation of the above programs must be disabled,
  5. have an active e-mail account.
General Provisions
1. The Seller shall make these Terms of Service available to the User free of charge before the conclusion of the Contract of sale and/or Services Contract, and, at his request, in a manner that allows accessing, reproducing and storing the content of the Terms of Service using the IT system used by the User.
2. These Terms of Service apply only to the services provided and the Goods sold by the Seller, for which he bears full responsibility. The Seller states that the use of the Website by Users is a service provided electronically, within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, as amended) [hereinafter: a.p.s.e.m.], which takes place on the basis of these Terms of Service, constituting Terms of Service within the meaning of the a.p.s.e.m.
3. Any deviations from these Terms of Service will bind User and the Seller only if they are agreed to in writing between the authorised representatives of the Seller and the User.
4. Employees of the Seller are not entitled to submit any statements regarding the Goods, unless the Seller confirms this in writing.
5. In the case of Users who are not Consumers, by concluding any Contract of sale and by accepting delivery of Goods, the User agrees to not refer to any guarantees regarding the Goods which have not been confirmed in the above manner, i.e. in writing or not resulting directly from these Terms of Service.
6. The Seller does not publish commercial information or offers submitted in electronic form on the Website, in accordance with the Polish Civil Code. In particular, provisions regarding submitting offers in electronic form do not apply.
7. It is prohibited to use the Website in a manner inconsistent with the provisions of these Terms of Service, applicable laws, rules of good practice and social conduct. The User is prohibited from providing unlawful content. In particular, it is prohibited to provide content that is vulgar, discriminatory, racist, xenophobic, pornographic, erotic, obscene, as well as content that bears the characteristics of hate speech, contains threats, or violence.
Account and other services provided electronically
1. Packhelp provides free services by electronic means to Users in the form of Website features, i.e. an interactive Goods creator, interactive forms, including Account registration, contact form, Newsletter and Account.
2. Contracts for the provision of electronic services may be terminated by the User at any time without providing a reason, in a manner stated here or in the further provisions of the Terms of Service. Contracts for providing services by electronic means, consisting of using forms, are concluded for a definite period and are terminated upon sending the form to the Seller, or ceasing to use them. The User may also opt out of interactive form services by refraining from using these services.
3. In order to create an Account and become a registered User, a registration process must first be carried out. As soon as You confirm the registration through the activation link sent to your e-mail address, a contract for the provision of electronic services for operating the Account is concluded for an indefinite period between You and the Seller.
4. When registering an Account, you confirm that you are a natural person at least 18 years of age, who can enter into legally binding contracts in accordance with the law, including that you have the authority to represent a legal person or an unincorporated organisational unit, to which the law grants legal capacity. The User further ensures that the information provided by him for the Account is true. Falsifying or omitting contact information, such as your name, address and/or telephone number, is not permitted when registering on the Website. Also, Users may not provide non-working telephone numbers. When using the Website, Users must comply with all applicable international, federal, state and local laws.
5. During the registration process, You enter the password through which you then access the Account. You must protect your password and may not share your password with third parties. The Account is not transferable. You are required to ensure that your personal details entered in the Account, which are necessary to execute the Order, are up to date.
6. The User may terminate the Account contract at any time with immediate effect by sending such a declaration of withdrawal to the Seller. The termination is effective upon its receipt by the Seller. The termination of the services for operating the Account agreement does not affect the concluded Contract of sale.
7. The Seller may terminate the Account contract at any time with immediate effect, in the event of a gross or culpable violation by the Account owner of the provisions of these Terms of Service, or any other legitimate reason that makes it impossible to continue the contract for the provision of electronic services.
8. If You are a registered User with the Account and decide to use Packaging Toolbox You may access an archive of files generated via Packaging Toolbox.
Orders and conclusion of the Contract of sale
1. All Goods are offered for sale depending on availability and depending on the acceptance of the Order by the Seller.
2. Orders may only be placed by persons who have an Account on the Website.
3. Orders may be placed using the form available on the Website. After submitting the Order, an e-mail will be sent to the User confirming the submission of the offer to the address indicated on the form. This confirmation does not conclude the Contract of sale and/or Services Contract.
4. In the case of Orders placed via the automated ordering system available on the Website (i.e. those for which the User has the option of placing an Order without the need to contact the Seller directly via the contact form available on the Website), by placing an Order, the User submits to the Seller an offer to conclude a Contract of sale for the Goods and/or Services Contract for the Services selected by him, on the terms specified by him in the Order. The Contract of sale and/or Contract for the Services is concluded once the Seller accepts this offer, upon receipt by the User of the confirmation and acceptance by the Seller of the terms of the Order, sent via e-mail by the Seller to the e-mail address provided by the User in the Order.
5. For the Orders that require action outside the automated ordering system available on the Website (i.e. those for which the User has the option to place an Order only after direct contact with the Seller via the contact form available on the Website), the following provisions shall apply:
  1. by placing an Order, the User submits to the Seller an offer to conclude a Contract of sale for the Goods and on the terms specified by him in the Order;
  2. Packhelp sends to the User a notification about the acceptance of the Order for execution, which constitutes a declaration of acceptance of the offer and conclusion of the Contract of sale. After receipt of the notification, the User is obliged to make the payment for the placed Order on the terms specified in these Terms of Service. Failure to make the payment within 14 days from the date of receipt of the e-mail from Packhelp confirming the acceptance of the Order, will be tantamount to canceling the Order and termination by the User the concluded Contract of sale. In the case of Users who are not Consumers, the Seller is entitled to withhold the execution of the Order until full payment is received, without being in default;
  3. The notification of acceptance of the Order will indicate inter alia the Order number, information concerning payments and the expected date of execution of the Order. Packhelp reserves that the indicated Order completion date may be extended in a situation where the deadline for confirming the graphic design by the User, which is the basis for the Order, exceeds 72 hours from the moment Packhelp sends the User the grid for the overlay of the graphic design. In addition, if the confirmation of the graphic design by the User, which is the basis for the implementation of the Order, exceeds 2 weeks from the moment Packhelp sends the user a screen for the imposition of the graphic design, Packhelp reserves the right (i) to recalculate the Price, but the lack of payment of the Price in the new amount. by the User within 7 days from the date of sending the information about the Price recalculation, it is tantamount to the termination of the Order by the User and termination of the Contract of sale or (ii) to terminate the Contract of sale for reasons attributable to the User. The provision of the preceding sentence also applies in cases where the User fails to provide the Seller with products necessary for preparing a prototype of the Goods in time, or fails to provide the Seller with information necessary for the execution of the Order in time;
  4. due to the technological process, the quantity of the produced Goods may differ from the quantity ordered, and the information on the acceptable tolerance of the quantity will be provided by the Seller in an e-mail confirming the acceptance of the Order referred to in point b) above. In the event of producing a smaller quantity of Goods than ordered, the Seller shall immediately issue an appropriate corrective invoice and refund the difference to the User. In the event of producing more Goods than ordered, the User will be obliged to collect more and pay the appropriate amount, on the terms set out in point b) above;
  5. the User is entitled to terminate the Contract of sale with immediate effect. The declaration of termination of the Contract of sale should be submitted to the Seller via e-mail to the address indicated in the Terms of Service. Receipt of the declaration of termination of the Contract of sale will be confirmed by the Seller via e-mail.
  6. In the event of termination of the Contract of sale by the User or by the Seller for reasons attributable to the User, the User is obliged to pay to the Seller (i) fixed costs incurred by the Seller in connection with the implementation of the Order until the date of sending the User the confirmation of receipt of the notice of termination in the amount of 20% of the net value of the Order and (ii) in the event that the Contract of sale is terminated after the commencement of the production of Goods - the value of Goods produced by the Seller up to the day the Seller sends the User confirmation of receipt of the notice of termination of the Contract of sale or the submission of the notice of termination of the Contract of sale by the Seller. In the event of termination of the Contract of sale, the Seller will provide the User with the Goods being the subject of the Order, manufactured by the date of sending the User confirmation of receipt of the notice of termination, as of the date of confirmation of receipt of the notice of termination or submission of the notice of termination by the Seller, and the delivery of such Goods will take place on the terms set out in these Terms of Service;
  7. in the event that in order to manufacture the Goods, it will be necessary to prepare new Production Tools firstly, the Seller shall inform the User of this fact in an e-mail confirming the acceptance of the Order referred to in point b) above, and the User will be obliged to cover the cost of their preparation. The Seller is obliged to store the Production Tools for a period of 1 year from the date of placing the Order. After the indicated deadline, the Seller is entitled to remove or dispose of the Production Tools.
6. In the event of refusal to accept the Order placed by the Consumer by the Seller, the Seller is required to state the reason for such refusal. In the case of Users who are not Consumers, the Seller reserves the right to reject the Order without giving a reason.
7. The Seller is constantly improving the products and reserves the right to change the specifications of any Goods without prior notice, except for Orders already placed. The delivered Goods may therefore differ due to multi-standard color systems, particularly the international RGB screen color system and the color printing system used by Packhelp. In addition, there may be slight differences in color shades between the Goods (also within one batch), depending on the raw material used for production. The dimensions of the delivered Goods may differ from those provided on the Website, however he information on the acceptable dimensions tolerance for individual Goods is available in the dedicated tabs of the Website.
8. The Seller will make every effort to depict and describe the colours printed on the Goods presented on its Website as accurately as possible, however, we cannot guarantee that the colours of the delivered Goods will accurately reflect those displayed on the User's monitor. Moreover the Seller will make every effort to depict design and graphics on the Goods as accurately as possible, however due to printing techniques used during the process, the Seller cannot guarantee that slight (not more than 5 mm) technical shift in print will not occur – such shift shall not give rise to complaint. The Seller is not responsible for: (i) the graphic made on the Product by the User in the creator (graphic design) available on the Website; (ii) effect of the Print Expert Check, in particular if it does not correspond to the virtual project made by the User in the creator; as well as (iii) errors in the Goods, in particular misspellings and/or errors in design, if the User accepted changes made in the Goods during Print Expert Check.
9. If the User’s Order includes Services consisting in Print Expert Check, such Print Expert Check shall cover indicated Goods included in such Order, unless the Order placed in accordance with clause 5 par. 5. states otherwise.
10. Print Expert Check will be performed before the Goods are sent to production.
11. The Print Expert Check cannot be performed more than once on the same Goods. In case of reordering of the same Goods, the Print Expert Check will not be available.
12. The User will be informed on completion of the Print Expert Check in an appropriate e-mail message, indicating detailed description of the performed Print Expert Check. The User shall either accept or reject the modifications introduced to the Goods during Print Expert Check on the day the User received e-mail message on completion of the Print Expert Check or within this term send graphic files in the format and definition indicated in the message. Date of production completion as well as date of Goods delivery may be appropriately changed, if the User does not accept nor reject the modifications nor does not send files consistent with the Print specialist guidelines on the day the User received e-mail message on completion of the Print Expert Check and such change of the date shall not give rise to compliant not the Seller liability.
13. If the Print Expert Check was included in the Order, clauses 5 par. 7 - 8 still apply accordingly.
14. In order to correctly perform the Order, the Seller reserves the right to always check the Goods ordered by the User by a Printing specialist, also in the event that the User's Order did not include this service. In such a case, the checking by a printing specialist will be performed according to the terms specified in clauses 5.8 - 5.12. The User is obliged to accept or reject the changes of the printing specialist or send correct graphic files in accordance with clause 5 par. 11.
15. While placing the order, before clicking on the "Order and pay" button, the User can detect and correct errors and modify the Order through the Website sales system.
16. After clicking on the "Order and pay” button, a User who is not the Consumer may only correct the invoice data by sending the Seller a correction note, prior to the Goods being dispatched. A User who is a Consumer may inform the Seller about the necessity to change the invoice data prior to the Goods being dispatched, by direct, immediate (telephone or e-mail) contact with the Seller. A Consumer may not, after placing the Order, request the Seller to change the data by issuing an invoice for his business activity.
17. The User is not allowed to make any changes to the Order placed via the automated ordering system available on the Website after its submission. In the event of the Orders placed in a manner stipulated in clause 5 par. 5. above, the User can report other modifications than indicated in clause 5 par. 16 above, but is obliged to pay to the Seller any costs that the Seller has incurred in connection with the implementation of the Order until the changes are reported by the User. The Seller is entitled to make the commencement of production conditional, in accordance with the new guidelines indicated by the User, on the User's reimbursement of costs incurred in connection with the execution of the Order. Making any changes to the Order after the Order was made may result in respective delays of Order processing what the User will be informed about by the Seller.
18. Subject to clause 5 par. 11 above, the maximum processing time for Orders placed by Consumers is available under designated tabs on the Website . The Order processing time does not include delivery time.
19. In the case of Users who are not Consumers who place multiple Orders or place Orders in the manner stipulated in clause 5 par. 5 above, the Seller will strive to execute the Order and produce the Goods on the date specified for each type of Goods. However, the execution time depends on the type of Goods and the decision of the Seller will depend on combining the same type of goods in separate shipments. Each package of Goods will be shipped separately via a courier, unless otherwise indicated in the Order confirmation, as soon as production is finished. All delivery dates specified are approximate. In the case of Users who are not Consumers, the delivery time is not an essential provision of the Contract, and the Seller is not responsible for delay in delivery of the Goods, regardless of the reason, including any losses or expenses incurred by the User.
20. In the case of Orders placed via the automated ordering system available on the Website, the Order shall be executed only after the User has paid the Seller the full price for the Goods and/or Services indicated in the Order, in accordance with the provisions of clause 6 below, unless the User who is not a Consumer uses a Deferred Payment option, where available.
Price and Payments
1. At the time of concluding the Contract of sale in accordance with the provisions of clause 6 of these Terms of Service, the User is required to pay the Seller the amount of the Order. The amount stated in the Order constitutes the total amount that the User will be required to pay for Contract of sale, along with the due tax and delivery costs, unless otherwise indicated by the information provided by Packhelp. Packhelp, in justified cases, may separately add delivery costs, informing the User about this fact in advance..
2. Subject to clause 6 par. 3 and 4 below, in the case of Users who are not Consumers, the Prices are clearly marked as including or not including VAT. The VAT tax will be added to the final value of the Order, according to the national rate, however the VAT invoice may be issued by the Seller only after verifying the active status of the VAT number issued by the EU Member State in the VIES system to a foreign User who is not a Consumer. The User who is not a Consumer is responsible for all taxes and/or fees applicable in the territory to which the Goods are sent. In the case of Consumers, the stated Prices are gross prices (they include all taxes, including VAT). Users submitting Orders as legal entities shall indicate NIP (tax identification number) of such legal entity.
3. Users submitting Orders, whose seat or residence is outside the territory of the European Union are responsible for all taxes, including VAT and/or fees applicable in the territory to which the Goods are sent.
4. In the case of Users who submit Orders below threshold of 135 pounds the VAT tax will be added to the final value of the Order, according to the United Kingdom national rate. In the case of Users who submit Orders exceeding threshold of 135 pounds the VAT tax shall not be charged and shall not be added to the final value of the Order.
5. The total Order Price is calculated according to the choices made by the User in the Order form, in accordance with the rates stated therein. The binding price is shown to the User in the summary of the Order at the time of sending it to the Seller.
6. If the User uses a Pattern within a particular Order, payment for a particular Pattern does not result in saving of the Pattern in User’s Account. Payment for use of Pattern is charged for each Good in each Order. If the User places another Order within which User uses the same Pattern once again, User is obliged to make a payment for use of such Pattern once more.
7. If the User uses a Premium Pattern within a particular Order, price for use of such Premium Pattern shall be individually agreed on between Packhelp and User via electronic e-mail. Clause 6 above applies.
8. If the User uses a Template within a particular Order, payment for a particular Template does not result in saving of the Template in User’s Account. Payment for use of Template is charged for each Good in each Order. If the User places another Order within which User uses the same Template once again, User is obliged to make a payment for use of such Template once more.
9. If the User uses a Premium Template within a particular Order, price for use of such Premium Template shall be individually agreed on between Packhelp and User via electronic e-mail. Clause 8 above applies.
10. The User may choose one of the following forms of payment: (a) by bank transfer to the Seller's bank account number provided on the Website (b) via bank transfer through an external PayPal payment system, operated by PayPal (Europe) S.a.r. & Cie, S.C.A. based in Luxembourg, (c) via electric payment through the Stripe external payment system, operated by Stripe Payments Europe, Limited, based in Dublin.
11. The User is required to send the payment for the Order promptly, no later than within 7 (seven) days from the date of concluding the Contract of sale.
12. The User undertakes that all data provided to the Seller for the purpose of the Order and its delivery is correct and that he has sufficient financial resources to cover the full cost of the ordered Goods.
13. Invoices used as proof of purchase will be sent to the User by e-mail to the e-mail address provided in the Order in the form of a pdf file.
Deferred Payment
1. The Seller reserves the right to grant selected Users who are not Consumers, in relation to all or some of their Orders, the option to use deferred payment ("Deferred Payment"), on the terms stipulated in clause 7.
2. The Seller will inform the User about granting the possibility to use the Deferred Payment and about proposed terms of Deferred Payment, providing the payment schedule ("Schedule"), made available to this User who is not a Consumer. The use of the Deferred Payment is also possible after individual arrangements between Packhelp and the User, with the provision that Packhelp is not related to the User's application to use the Deferred Payment.
3. A User, who makes use of the Deferred Payment is required to make payments in the amounts and on the dates specified in the Schedule, by using one of the payment options specified in the Terms of Service.
4. The Contract of sale with the User using the Deferred Payment is concluded with the sending by Packhelp of the notification of acceptance of the offer. Goods are delivered to Users who use the Deferred Payment only after the first payment according to the Schedule is made by the User.
5. In the event of a late payment of the amounts due under the Schedule by a User using the Deferred Payment, the Seller will have the right to demand from the using the Deferred Payment, interest for late payment in commercial transactions in the maximum amount permitted by law.
6. Any delay in payment of the amounts due under the Schedule by a User who is not a Consumer, using the Deferred Payment, may result in the termination of the User's option to use the Deferred Payment in the future.
Wallet
1. The Seller reserves the right to grant selected Users who are not Consumers the possibility to use the Wallet on the terms set out in clause 8 of the Terms of Service. Users who will be entitled to use the Wallet will be informed about it by making such an option available in the User's panel.
2. Upon payment of the full Order Price, the User will receive a Wallet Funds allowing to cover part of the Order Price in the amount indicated by Packhelp in a given Order, only if:
  1. amount of the chargeback returned to the User upon making a payment of the full Order Price is worth more than PLN 1 (one), EUR 1 (one), GBP 1 (one), SEK 1 (one), RON 1 (one), depending on the local currency of payment;
  2. the Order contains items other than sample pack;
  3. the Order is placed without using a promo code.
3. Amount of the Wallet Funds shall depend on the amount of the Orders paid for by the User (further referred to as the “Orders Counter”) counted within the period established by Packhelp (further referred to as the “Timer”). The method of calculating Wallet Funds, their amount for a given Order and Timer are specified on the Website and available for viewing on the Account.:
4. Should the User place any Order within the period no longer than the Timer, counted from the last Order, the Orders Counter shall increase, and the Timer shall be reset.
5. If User pays for the Order placed with the use of the promocode the User cannot use the Wallet Funds. If User pays for the Order placed with the use of the promocode the User will also not receive a Wallet Funds, the Timer shall be reset, but the Orders Counter shall increase.
6. If User pays for the Order consisting in the sample pack the User will not receive a Wallet Funds, the Timer shall not be reset, and the Orders Counter shall not be increased. Sample packs are not counted as Orders.
7. If the User effectively cancelled the Order, the amount of the Wallet Funds used to pay for such Order shall be returned to the User.
8. User will still receive a Wallet Funds if the Order Price was fully or partially covered by the Chargeback.
9. Wallet Funds are accessible in the User’s Wallet for no longer than period indicated on the Website and counted from the last Order, excluding Order consisting in the sample pack.
10. Wallet supports multiple currencies. Wallet Funds are available in multiple currencies.
11. We can provide a User with Wallet Funds in the amount indicated by Us on other terms than indicated above. Validity deadline of Wallet Funds shall be each time provided by Packhelp and may be changed until User uses such Wallet Funds. We reserve the right to change amount of the Wallet Funds or to cancel them until User uses such Wallet Funds. You will be immediately notified by Us on any changes concerning Your Wallet Funds as well as on its cancelation.
12. Granting Wallet Funds shall not be deemed or in any way considered a game of chance, outcome of which depends on coincidence - within the meaning of Polish Act of 19 November 2009 on games of chance (Journal of Laws – Dziennik Ustaw of 2020 poz. 2094).
Delivery
1. Orders are delivered worldwide. Customer is obliged to pay Custom Duties solely. The Seller covers only Custom Clearance Fee.
2. Deliveries are made via courier companies indicated in the Order.
3. The User will be informed each time about the expected date of execution and delivery of the Order. Packhelp, for an additional fee, is entitled to execute the Order and its delivery on preferential terms, i.e. at an earlier date, which requires appropriate arrangements by the Parties. The delivery on preferential terms is not possible in the case of Orders placed in accordance with clause 5 par. 5. above.
4. The User is required to inspect the Goods on delivery, in particular its amount, and if the Goods were delivered by a courier, the User should sign the Goods delivery receipt. When receiving the package the User should verify, in the presence of the courier, whether the packaging has not been damaged during transport and whether the contents of the package are consistent with the Order, including if the Goods amount is correct. In the event that the contents of the package are inconsistent with the Order, receipt or VAT invoice, or if the Goods have been damaged, the User should file a report in accordance with the procedures of the courier company. The report should be signed by or on behalf of the User and the carrier. In the case of Consumers, filing a report is not mandatory for the complaint reviewing process, it is only aimed at streamlining the process.
5. In the case of Users who are not Consumers, the protocol and/or other delivery document signed by the User and the carrier’s representative will constitute conclusive evidence against the User in relation to the quantity of the Goods indicated in the documents, free of any visible defects, damages or other physical flaws, including damages caused during the transport. User who is not Consumer shall have no rights deriving from the warranty, if the User did not inspect the Goods on delivery and did not notify the Seller on defects, inconsistency with the Order, including incorrect amount of Goods, on the day of delivery at the latest. With regard to latent defects that could not be identified during the collection, at the latest within 5 Business Days from the date of receiving the Goods. If the Goods are susceptible to damage or defects during delivery, a description of the damage or defect found must be made in writing at the time of delivery and signed by or on behalf of the User and the carrier’s representative.
6. The User who is not a Consumer may not refuse acceptance of the Goods or any part thereof solely for the reason of partial delivery.
7. The Seller reserves the right to deliver the Goods in separate shipments. If the Goods are to be delivered in separate shipments, each delivery will constitute a separate Contract of sale.
8. If the User who is not a Consumer fails to collect the Goods for an unjustified reason, the Seller shall not be obliged to refund the amount paid by the User.
9. With regard to the Users who are not Consumers - if the Goods are not collected, after 2 (two) unsuccessful attempts of delivery, you will be requested via e-mail to collect the Goods in therein indicated time and place – you may demand repeated delivery of the Goods at any time to the address by you. In lack of collection of the Goods in indicated time and place and/or in lack of any response to our request within indicated therein deadline, Goods ordered by you shall be stored in our warehouse at a fee, which amounts to: (a) 10 (ten) euro for each started month of storage of 1 (one) package; and/or (b) 50 (fifty) euro for each started month of storage of 1 (one) palette. You will be informed if the chargeable Goods storage begins in an e-mail, which shall also include repeated request for Goods collection. In addition to the storage fee Packhelp may charge you with the costs, which Packhelp has to incur due to repeated delivery attempts. After 3 months from the second unsuccessful attempt of delivery, we will be entitled to (i) withdraw from the Contract of sale within the next 3 months or (ii) dispose of the unaccepted Goods at your expense, with no obligation to refund the price paid.
10. If the User does not collect Goods and demands Goods to be delivered once more, than User shall bear the costs of such repeated delivery.
11. In the case of Users who are not Consumers - in the event of failure to collect the Goods, after 2 (two) unsuccessful attempts of delivery, you will be requested by us in an e-mail to collect the Goods at the time and place indicated in the message. At any time you can request another attempt of delivery to the address indicated by you. In the absence of receipt of the Goods at the indicated date and place or in the absence of any response to our request within the indicated period, we will be entitled to withdraw from the Contract of sale within 3 months from the second unsuccessful attempt of delivery.
12. In the case of Orders placed in accordance with clause 5 par. 5. above, the Seller Is obliged to inform the User about the possible delay in the delivery of the Goods. The delay in deliver the Goods for reason beyond the Seller’s control is not incorrect performance of the Contract of sale and cannot be the basis for claims against the Seller.
13. In the case of Orders placed in accordance with clause 5 par. 5. above, the Goods being the subject of the Order will be prepared for delivery and packed in accordance with Packhelp's technical requirements and conditions, in accordance with the implemented Packhelp quality procedure, unless otherwise resulting from individual arrangements made between the Seller and the User, and indicated in the Offer or made electronically, no later than 3 (three) Business Days. Working days before the planned date of completion of the production of the Packaging.
14. In the case of Orders placed in accordance with clause 5 par. 5. above , the User is obliged to inform Packhelp about circumstances that may affect the costs for the delivery of the Packaging, in particular about non-standard delivery times or the need to bring the Packaging. The User, who is not a Consumer is obliged to reimburse Packhelp for additional delivery costs resulting from non-standard delivery parameters. Packhelp will inform the User who is not a Consumer about the additional delivery costs within 14 days from the date of delivery. The User is obliged to refund the amount due within 7 days from receipt of accounting documents from Packhelp.
Packhelp Warranty Service
1. In the case of Orders placed via the automated ordering system available on the Website, the User concluding the Contract of sale is entitled to use the additional Packhelp Warranty service as part of the Order placed. The conditions of Packhelp Warranty Service are specified in this clause 10 of the Terms of Service.
2. The Packhelp Warranty service is used by selecting the appropriate option while placing the Order. Take advantage of Packhelp Warranty service is also possible after placing an Order and concluding a Contract of sale via the Account.
3. The Packhelp Warranty service provides the User with the implementation of the Contract of sale on preferential terms, in relation to the terms of the Contract of sale specified in these Terms of Service, i.e. :
  1. the application of the rights and obligations indicated in clause 9 par. 5 of the Term of Services is excluded and the following rights and obligations are granted to the User:
    1. “In the case of Users who are not Consumers, the protocol and/or other delivery document signed by the User and the carrier’s representative will constitute conclusive evidence against the User concerning the number of Goods indicated in this document, free from any visible defects, damage, or other physical defects, including damages caused during the transport. User who is not a Consumer is entitled to examine the Goods within 14 days from the date of receipt of the Goods. In the event of identifying defects, non-compliance with the Order, including an incorrect number of Goods, notify the Seller of this fact.”
  2. the application of the rights and obligations indicated in clause 9 par. 9 of the Term of Services is excluded and the following rights and obligations are granted to the User:
    1. “In the case of Users who are not Consumers - in the event of failure to collect the Goods, after 3 (three) unsuccessful delivery attempts, you will be called by us in an e-mail to collect the Goods at the time and place indicated in the message - you can request another delivery attempt at any time to the address provided by you. In the absence of receipt of the goods at the indicated date and place or in the lack of any response to our request within the time stated therein, the Goods ordered by you will be stored in our warehouse free of charge for 30 days from the date of delivery of the request, and after the indicated 30-day period has expired. for a fee which amounts to: (a) EUR 10 for each commenced month of storing 1 (one) package; or (b) EUR 50 for each commenced month of storing 1 (one) pallet. We will inform you about the commencement of the paid storage of the Goods in an e-mail containing a renewed request to collect the Goods. In addition to the storage fee, Packhelp may charge you for costs it was required to pay for attempting to deliver. After 3 months from the second unsuccessful attempt of delivery, we will be entitled to (i) withdraw from the Contract of sale within the next 3 months or (ii) dispose of the unaccepted Goods at your expense, with no obligation to refund the price paid.”
  3. the application of the rights and obligations indicated in clause 11 par. 1 of the Term of Services is excluded and the following rights and obligations are granted to the User:
    1. “If the Good is to be sent by the Seller to the User who is not a Consumer, the risk of accidental loss or damage to the Goods shall be transferred to the User who is buyer upon their delivery to the User.”
  4. the application of the rights and obligations indicated in clause 13 par. 1 and 2. of the Term of Services is excluded and the following rights and obligations are granted to the User:
    1. “The Seller provides Users with Goods without defects. The Seller is liable to the User if the Goods have a physical or legal defect (warranty). If the Goods have a defect, the User may submit a declaration requesting a price reduction or withdrawal from the Contract of sale, or request the replacement of the defective Goods with a defect-free one or removal of the defect.”
  5. the application of the rights and obligations indicated in clause 13 par. 4 of the Term of Services is excluded and the following rights and obligations are granted to the User:
    1. “The Seller responds to the Consumer's request within 2 (two) Business Days. The Seller shall notify the User about the consideration of the complaint and its result in a message sent to the address provided by the User in the complaint.”
Risk and ownership transfer
1. If the purchased item is to be shipped to a User who is a Consumer, the risk of accidental loss or damage to the Goods is transferred on to the buyer upon its delivery to the User. In other cases, the risk of accidental loss or damage to the Goods is transferred to the User upon the release of the Goods to the carrier.
Returns of goods or refunds and the right to withdraw
1. The User who is not a Consumer does not have a right to withdraw from the Contract od Sale nor the right to return the Goods. The User who is a Consumer, does not have the right to withdraw from the Contract of sale for non-prefabricated Goods made according to the User's specification and/or clearly personalized needs, concluded remotely referred to in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287 as amended), in accordance with art. 38 clause 1 item 3) of the above Act.
2. The User who is not a Consumer does not have the right to withdraw from the Services Contract. The User who is a Consumer, if we fully provide the service with the express consent of the User (including the consumer), who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract does not have the right to withdraw from the Services Contract a concluded remotely referred to in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287 as amended), as in accordance with art. 38 clause 1 item 1) as well as item 3) of the above Act.
3. The User who is a Consumer, in the case of delivery of the Goods which were prefabricated, has the right to withdraw from the Contract of sale concluded remotely, referred to in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287), without providing a reason. In order to exercise this right, the User is obliged to submit a declaration of withdrawal from the Contract within 14 days from the date of receipt of the Goods, and within 14 days from the date of submission of the declaration of withdrawal to send the Goods to the following address: Packhelp - Altmaster Magazyn Grzędy, ul. Ogrodowa 15, 05-555 Grzędy, Poland. The Consumer bears the direct costs of returning the Goods. In order to meet the withdrawal deadline, it is enough for the Consumer to send information regarding the exercise of their right to withdraw from the contract before the deadline for withdrawing from the contract. In the event of withdrawal from this contract, the Consumer shall be reimbursed for all received payments, including the costs of delivering the Goods (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller), immediately and in any case not later than 14 days from the day on which the Seller was informed about the decision to exercise the right to withdraw from this contract. The Seller may withhold the return of the payment until (i) receipt of the Goods back or (ii) delivery by the Consumer of proof of its return, depending on which event occurs first. The refund is made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution; in any case, the Consumer does not incur any fees in connection with this return. The Consumer is only liable for a decrease in the value of the Goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the Goods. The Consumer may use the withdrawal form attached to these Terms of Service, but it is not mandatory.
Complaints
1. The Seller shall provide the Consumers with Goods in accordance with the Contract of sale. The Seller is liable to the Consumer if the Goods have any physical or legal (warranty) defects. If the Goods are defective, the Consumer may submit a request replacement of the defective Goods and in certain cases submit a statement requesting price reduction or withdrawal from the Contract of sale.
2. The warranty is valid for Consumers only. The User who is not a Consumer and the Seller hereby indemnify each other against liabilities for warranties against defects, subject to the defects found upon delivery of the shipment, referred to in clause 9 par. 4 and 5 and hidden defects, referred to in clause 9 par. 5. of the Terms of Service.
3. Under the warranty, the Seller is liable for the lack of conformity of the Goods with the contract existing at the time of its delivery and revealed within two years from that moment.
4. If the Goods are inconsistent with the contract, the Consumer may demand that they be repaired or replaced. The Seller may make a replacement when the Consumer demands repair, or the Seller may make a repair when the Consumer demands a replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into conformity with the contract. When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the importance of the non-conformity of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience to the Consumer resulting from the change in the way of bringing the Goods into compliance with the contract. The Seller shall repair or replace it within a reasonable time from the moment the Seller was informed by the Consumer about the lack of compliance with the contract, and without undue inconvenience to the Consumer, taking into account the specificity of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller. The Consumer provides the Seller with the Goods subject to repair or replacement. The Seller collects the goods from the Consumer at his own expense.
5. The Consumer may submit a statement of price reduction or withdrawal from the contract when:

the Seller refused to bring the Goods into compliance with the contract or did not bring the Goods into compliance with the contract, in accordance with section 4 above;
the non-compliance of the Goods with the contract continues, even though the Seller has tried to bring the Goods into conformity with the contract;
the lack of conformity of the Goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures referred to in paragraph 4 above;
it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.

The Consumer may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant.
In the cases referred to in par. 5 above:

the reduced price remains in such proportion to the price resulting from the contract, in which the value of the non-conforming Goods remains to the value of the goods in accordance with the contract;
the Seller returns to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Consumer's statement on the price reduction;
if the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer together with non-conforming goods, if it cannot reasonably be expected that that the Consumer agrees to keep only the Goods in accordance with the contract;
in the event of withdrawal from the contract, the Consumer immediately returns the Goods to the Seller at his expense. The Seller returns the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return;
the Seller shall refund the price using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.

Complaints with regards to warranty should be submitted to the following address: Packhelp S.A., ul. Kolejowa 5/7, 01-217 Warsaw and in the case of Orders placed in accordance with point 5 par. 5. to the following e-mail address: [email protected] or to the e-mail address of the Customer Assistance. In order to streamline the complaint process, the Goods, which are the subject of the complaint should be sent together with the proof of purchase and the complaint (indicating the person submitting the complaint, and a request to consider the complaint specifying the method and describing the Goods defect).
Users' complaints should contain at least the following information: description of the reason for the complaint, number of defective Goods, photos or recordings of defective Goods in a format readable by the Seller.
The Seller reserves the right to request the User to provide additional explanations necessary to consider the complaint, and if necessary, may request the return of the delivered Goods to investigate the complaint. If it is required to examine the Goods, the User is obliged to release the Goods covered by the complaint on the terms agreed individually by the Parties. If the need to return the Goods being the subject of the complaint, the User is obliged to properly protect the Goods before their release to the carrier. A User who is not a Consumer bears the risk of improperly securing the Goods against damage and the risk of losing them until they are released to the Seller. The costs of returning the delivered Goods shall be borne by Packhelp, unless the User has not complied with the terms of the complaint, in particular, has not submitted a complaint within the time limit specified in these Terms of Service.
The Seller shall respond to the Consumer's request within 14 (fourteen) days. The Seller shall notify the User of the complaint consideration process and its outcome in a notification sent to the address provided by the User in the complaint.
The complaint procedure concerns services provided electronically by the Seller. Complaints regarding services provided electronically may also be submitted via following link: https://packhelp.com/contact/.
The Seller does not provide guarantee of the Goods, and therefore only the warranty may give rise to complaints.

Limitation of the Seller's liability to Users who are not Consumers
1. The Seller shall not be liable for incomplete delivery or faulty Goods if such claim is not submitted to the Seller in writing in accordance with the clause 9 par. 4 and 5 or, if after satisfactory verification of the Goods, the User detects the above circumstances. The claim must include the Order confirmation number, delivery number and claim details. In the event of a justified claim, the Seller may, at his own discretion, replace the Goods (or a part thereof) or refund the Price of the Goods to the User (or the relevant part of the Price) or propose another solution acceptable to the User. The Seller shall not have any further obligations to the User, and the User waives such claims with respect to the matters described in this section. The Seller shall make efforts to consider the User's complaint within no more than 1 month from the date of receipt of the last information necessary to recognize it.
2. The Seller shall not be liable for losses, damages, costs or expenses (including loss of profits) resulting directly or indirectly from non-performance or delay in performing any obligations under the Contract due to any event or circumstances beyond the Seller's control, including (but not limited to), strikes, protests, power or equipment failures, government actions or force majeure.
3. Liability of the Seller, including his agents, employees, subcontractors and suppliers in relation to any claims arising from the Seller's performance or non-performance with regards to using the information provided in the Contract or interpretation of the following services, based on warranty, contract, negligence, liability to risk or of any other kind, may not in total exceed the Net Contract Price (excluding taxes and freight) for such products or services. Under no circumstances shall liability cover compensation for lost profits (lucrum cessans), including loss of profits or revenues; increased costs of purchasing or delivering materials, supplies or services; the cost of replacement capital; charges for storage or use; or accidental or secondary damage of any kind.
4. This limitation of liability shall prevail over any contrary or incompatible provisions contained in any documents constituting this Contract. It is up to the User to take all necessary precautions to ensure that the computer equipment and/or selected software are free of such elements as viruses, computer worms, Trojan horses and other destructive programs.
5. Under no circumstances shall the Seller be liable to the User or any other person associated with the User for any direct, indirect or other damages resulting from the use of the Packhelp Website or other related websites. Exclusion of the liability referred to in the preceding sentence shall include any losses due to a break in business operations, loss of programs or other data associated with servicing the User's IT system or occurring in any other way, even if the User and the associated person had been clearly informed about the possibility of such damages.
6. Under no circumstances shall any third party being a marketing partner or affiliate of Packhelp (e.g. Facebook) be liable to any User in connection with the services provided on behalf of Packhelp.
7. The User is obliged to ensure that the marking of the Goods complies with the regulations of each country in which the Goods will be placed on the market. The Seller's liability in this respect is excluded to the fullest extent permitted by law.
8. The above liability limitations do not apply to Contracts concluded between the Seller and Users who are Consumers.
Intellectual Property
1. This Website is owned and managed by the Seller. Unless otherwise stated on the Website, Packhelp holds the copyright to all content contained therein. The content includes: text, graphics, logos, audio clips, trademarks, software server information and other information on the site. All rights to the content, services and information about the server are reserved. Any changes made to the content on the site by a third party constitute a breach of Packhelp's copyright. In addition, the Packhelp Website may contain further information about intellectual property rights and copyrights, the terms of which must be observed.
2. No information contained on the website shall be interpreted as granting, whether by implication, estoppel or otherwise any license or right to use the Website or any information displayed on it, except: (a) in a manner expressly permitted by these Terms of Service; or (b) after obtaining prior written consent of Packhelp or the prior written consent of a third party who owns the trademark or copyright to the information displayed on the Website.
3. The User shall understand that the express condition of having an Account is to use it in a way that does not violate the intellectual property rights of others in any way. The Seller reserves the right, with or without prior notice, to immediately delete the account of any User who infringes on the copyright or other intellectual property rights of any third party and remove all infringing materials from the Website.
4. The User hereby consents to the use of the image of the Goods purchased on the Website, including trademarks and other elements identifying the User, in social media and other promotional and publication materials of the Seller. At the same time, the User waives all claims (existing and future), including for payment from the Seller for using images of Goods for the needs specified in this clause 15 par. 4.
5. Packhelp respects the intellectual property of other Entities. If you are a third party and believe that your copyright has been infringed, please contact us with the following information:
  1. an electronic or physical signature of a person authorised to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work that you believe has been infringed; a description of the location of the material in question on the Packhelp website;
  3. address, telephone number and e-mail address;
  4. a statement that the breach allegation is based on good faith;
  5. a statement that the information that has been provided is accurate and that you own the copyright or are authorised to act on behalf of the copyright owner.
  6. The User allows the Seller to record images through photography (traditional or digital) of the Goods, or their graphic design, including the layout and logo to which the User has the rights, and the User at the time of placing the Order grants to the Seller a free, non-exclusive, time and territorially unlimited license for the use of the logo located on the Goods, as well as the graphic materials placed by the User on the Goods (including making adaptations or alterations) in the Seller's marketing materials, including reproduction and publication on the Seller's website, in social media or in printed materials.
6. Please be aware that if You use Packaging Toolbox all generated files, including layouts shall not be subject of any transfer and/or encumbrance made by You to the benefit of any third parties.
Notifications
1. All notices provided or submitted under the Contract of sale shall require a written form (other than those displayed on a computer screen or other similar device, which for the purposes of this condition shall not be considered as written).
2. Notifications submitted to the Seller should be directed to the address given in clause 20.10, and notifications submitted to the User should be directed to the address provided in the Order. Such directed notifications, in the case of Users who are not Consumers, will be considered delivered or executed as follows:
  1. in the case of sending in person - upon delivery to the address of the specific person; or
  2. if sent by priority post - after two full Business Days from the date of posting.
3. The Seller and the User shall inform each other about any changes to their name or address for the purposes set out in this clause, and the notification shall be effective in the case of Users who are not Consumers:
  1. on the day on which the change is to take place; or
  2. if the deadline is not specified or the period is shorter than five Business days from the date of notification, on the day after five full Business Days from the date of notification of changes.
4. This condition does not apply to the official delivery of any court papers or other documents in connection with any disputes arising from the Contract.
Applicable law and jurisdiction
1. The law applicable to the obligations of the Contracts of sale and Terms of Service will be Polish law (choice of law clause), and the competent court will be the Polish court (jurisdiction clause), provided that it doesn’t deprive the Consumer of protection in accordance with the mandatory provisions of the law of the Consumer’s country of habitual residence.
2. The User who is a Consumer has the right to use extrajudicial means of settling complaints and pursuing claims, and in particular request mediation or arbitration. For this purpose, an appropriate form should be submitted to the institution before which the proceedings will be conducted – a request for mediation or request for settlement by arbitration. The list and addresses of entities conducting such proceedings are available at this address: https://uokik.gov.pl/wazne_adresy.php#faq592. The Consumer may also use non-judicial means for settling complaints and pursuing claims by submitting his complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/. If the User does not wish to go through the ADR or ODR, all disputes arising from the Terms of Service or Contracts of sale will be settled by a common court according to general jurisdiction. Disputes arising between the Seller and the User, who is not also a Consumer, shall be subject to the court competent for the headquarters of the Seller.
Newsletter
1. The newsletter subscription service is provided free of charge by the Seller to the User who provides voluntary consent.
2. In order to subscribe to the Newsletter, the User:
  1. registers on the Website by selecting the appropriate option when signing in on the Website, or
  2. fills in one of the forms (in the Footer, Header, as a Modal, Exit Intent or in the User Panel) on the Website, providing his e-mail address and confirming necessary consents, Terms of Service as well as Privacy Policy, or
  3. fills in a segmentation form, subscribe form or quote request by selecting the appropriate option when submitting the form.
3. Upon completing the subscription form for the Newsletter and sending it, a contract for the provision of the newsletter service for an indefinite period is concluded between the Seller and the User.
4. The User may at any time terminate the contract for the provision of the Newsletter service by deactivating the subscription. To unsubscribe from the newsletter, the User must click on the deactivation link, located in the footer of every Newsletter message sent, or by sending such a declaration of will to the Seller.
5. The consent to receive commercial information by electronic means sent by the Seller is voluntary and the User may withdraw this consent at any time.
Changes to the Terms of Service
1. The Seller may make changes to these Terms of Service for important legal reasons (changes to generally applicable legal Terms of Service regarding the Seller's business or the form of the Seller's business), technical reasons (modernization of the Website's infrastructure) or business changes (changes in the manner or scope of services provided) The reason for amending the Terms of Service shall always be stated in the manner indicated below.
2. Registered Users shall be informed of the changes to the Terms of Service via an e-mail sent 7 (seven) days before the amended Terms of Service enter into force. Unregistered Customers will be notified about the change in a message posted on the Website's homepage 7 (seven) before the new Terms of Service enter into force. At this time, the User must again accept or refuse to accept the Terms of Service. In the case of Users who are not Consumers, the Terms of Service are considered to be accepted if the User has not resigned from using the Website within 7 (seven) days from the date of notification of the change in the Terms of Service.
3. Orders placed before the amendments to the Terms of Service enter into force are processed in accordance with the previous version of the Terms of Service.
4. In the event of a change to the Terms of Service, the provisions of the Terms of Service in force on the day of concluding the Contract of sale shall apply to the Contracts of sale concluded before the effective date of the new version of the Terms of Service. For the avoidance of doubt, the new wording of the Terms of Service shall apply to all Contracts, including Contracts of sale concluded after the effective date of the Terms of Service.
Personal data protection
1. The administrator of the personal data provided by the User is Packhelp.
2. User personal data are processed primarily on the basis of a contract and for the purpose of its execution, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information about the data processing by the Seller, including in terms of the period and basis of processing, the rights of data subjects, as well as possible recipients of the data are included in the privacy policy posted on the Website.
Final Provisions
1. These Terms of Service were drawn up in Polish and translated into other languages. In the event of any discrepancies between the Polish language version and the translations, the Polish version shall prevail.
2. None of the provisions of these Terms of Service may be interpreted in a way that would limit the rights of the Consumers to comply with applicable law.
3. If the Seller does not exercise the right or entitlement or waiver when able to do so, it will not prevent the right or entitlement from being exercised in the future. If the Seller does exercise the right or entitlement or waiver, he may do so again in the same or in a different manner.
4. The rights of the Seller and the User, as well as legal remedies under the Contract are supplementary, and do not wave all other rights and claims.
5. If any of the provisions of the Contract turn out to be invalid, violating public order or unenforceable by the court competent for the appropriate jurisdiction, and it will be legally established after exhausting all available appeals, this provision will then be modified to the extent necessary to make it valid and enforceable. If such a provision cannot be modified in the above manner, it shall be deemed as removed from the Contract of sale in its entirety, and the remaining part of the Contract of sale shall remain in force.
6. Due to intermittent disruptions in public networks, such as the Internet, the Seller cannot guarantee that the Website will be available 100% of the time. Although the Seller makes every effort to ensure a workable website, possible interruptions and delays in access to the website are unavoidable, and in the case of Users who are not Consumers, the Seller does not bear any responsibility for damages resulting from the above problems.
7. Information on the Packhelp website may contain technical inaccuracies or typographical errors. The Seller makes every effort to ensure that his descriptions are as accurate as possible, but he cannot guarantee that the content of the Packhelp site is accurate, complete, reliable, current or free of errors.
8. A link to a website other than Packhelp does not mean that the Seller accepts any responsibility for the content or use of such Website. It is up to the User to take precautions to ensure that all manner of its use is free of such elements as viruses, computer worms, Trojan horses and other destructive programs.
9. The User undertakes to release the Seller and his third party affiliates, employees, agents, representatives and service providers from the responsibility, and protect them against all claims and obligations (including legal costs) that may arise from the wrongful use of the Website by the User, and/or from the unauthorised use of materials obtained via the Packhelp website, and/or from the User's breach of the Contract of sale, as well as any other loss or damage of any kind suffered by the Seller due to the User's wrongful use of the Website.
10. In any matter, in particular regarding the Website or our business operations, you can contact us by mail (sending a letter to the address of our headquarters) and by sending a message via https://packhelp.com/contact/
11. In accordance with the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), the Seller has designated a single point of contact enabling direct electronic communication for the purposes of applying this regulation for member states’ authorities, the commission and the Board referred to in Article 61 of the regulation, as well as recipients of the Seller’s services, including the Users, to whom the e-mail address [email protected] is provided. The communication will be held in Polish and English.
12. If the User finds that the Website contains information that the User considers to be illegal content (i.e., any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with European Union law or the law of any member state which is in compliance with European Union law, irrespective of the precise subject matter or nature of that law), the User may report it in the manner specified in section 11. The report should include all of the following elements:
  1. a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content;
  2. a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the speciffic type of hosting service (i.e., services consisting of the storage of information provided by, and at the request of the User);
  3. the name and email address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
  4. a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
13. In order to tailor the content and services to the individual needs and interests of the Website Users, our Website uses cookies, i.e. information stored by the server on the User's computer, which the server can access every time you connect from this computer. Please be advised that Users may disable the cookies on their browsers at any time, however, this may cause difficulties in using the services of the Website and the ability to place orders.
14. In matters not covered by these Terms of Service, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964 No. 16 item 93 as amended). and the Act of 30 May 2014 on consumer rights (Journal of Laws from 2017, item 683).
15. Any doubts arising from the interpretation of these Terms of Service should be interpreted in a way that ensures compliance of these Terms of Service with the mandatory provisions of law.

These Terms of Service enters into force on 31.05.2024.

Annex to the Terms of Service:

TEMPLATE OF THE WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract, however you are entitled to use a different form if it contains all necessary data)

- Addressee: Packhelp S.A., Kolejowa 5/7, 01-217 Warsaw, Poland. The e-mail address, in case of the Orders placed in accordance with clause 5.5. of the Terms of Service: [email protected] and in case of other Orders: [email protected].

- I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following items […] / for the provision of the following service […] (*)

- Date of contract conclusion(*) /receipt(*)

- Name and surname of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if the form is sent on paper)

- Date

(*) Delete where not applicable.

Terms of Services