Company Cooperation Regulations

§ 1

Introduction

1. The owner of the Service at https://logos-brandind.com/ is Bartosz Urbański, conducting business under the name F.H.U. LOGOS-DYSTRYBUCJA BARTOSZ URBAŃSKI, ul. Sobieskiego 1A, 34-300 Żywiec. The business activity is entered into the Central Register and Information on Business Activity under the NIP number: 5531072443, REGON 240968187.

2. The Regulations define the rules for using the Service and its functionalities, and, among others, type and scope of services provided, including electronic services provided by its owner, terms and conditions of placing orders, technical conditions, method of concluding and terminating distance contracts, terms and conditions of payment and terms of delivery, complaint procedure.

3. You can contact the Seller by writing to the e-mail address: contact@logos-brandind.com or by phone: +48 33 50 00 185, +48 884 858 572.

4. These Regulations apply to entrepreneurs who are not consumers within the meaning of Art. 22¹ of the Civil Code, as well as towards legal entities covered by the Act of 15 September 2000 – the Commercial Companies Code.

5. If the party to the agreement is a natural person or a natural person conducting business activity, purchasing the Goods by way of an agreement directly related to this business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Business Activity, the Terms and Conditions of the Service and the Offer shall apply.

§2

Definitions

1. Price – value expressed in monetary units, which the Customer is obliged to pay to the Seller.

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

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

4. Civil Code, k.c. – Civil Code Act of 23 April 1964.

5. Customer – an entrepreneur making a Purchase of goods and acquiring rights to their ownership or intending to Purchase, who has concluded or intends to conclude an Agreement with the Seller.

6. Offer – a sales proposal containing the essential elements of a given Product together with instructions for its use (if available).

7. Privacy Policy – a document specifying the principles of personal data processing, available at https://logos-branding.com/privacy-policy.

8. Product – any goods or services within the meaning of Art. 2 point 3 of the Act on Counteracting Unfair Market Practices; The product is subject to payment, unless otherwise indicated.

9. Physical product – a product subject to physical shipment by post/courier or which can be collected in person.

10. Entrepreneur – a natural person, legal person and organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Service.

11. Entrepreneur with consumer rights – a natural person, concluding an agreement directly related to its business activity, when the content of this agreement indicates that this agreement does not have a professional nature for it, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Business Activity.

12. Regulations – these Sales Regulations specifying the rules for using the Service, placing orders and the rules for fulfilling orders by the Seller.

13. Service – logos-brandind.com website, on which the Seller presents Products.

14. Seller – Bartosz Urbański conducting business activity under the name F.H.U. LOGOS-DYSTRYBUCJA BARTOSZ URBAŃSKI, ul. Sobieskiego 1A, 34-300 Żywiec. The business activity is entered inCentral Register and Information on Business Activity under the NIP number: 5531072443, REGON 240968187.

15. Goods – products presented on the website and products offered as part of individual arrangements with the Customer as part of the commercial offer

16. Agreement – mutual agreements between the Seller and the Customer specifying mutual rights and obligations.

17. Agreement concluded at a distance – an agreement concluded without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the agreement.

18. Service – any activity containing an element of intangibility, which involves influencing the Customer or their items, which does not result in the transfer of rights ownership, such as marking, packaging and delivery services.

19. Marking service – a service consisting in marking the purchased Goods with an inscription, logotype or other graphic sign indicated by the Customer.

20. User – an entity using the Service.

21. Purchase – transfer of ownership to the Customer for a fee or free of charge.

§3

Principles of concluding contracts

1. The Seller conducts commercial activity and mail order sales via the Internet service in the territory of the Republic of Poland and the European Union. The sale of Goods and the provision of Services is directed exclusively to other entrepreneurs who are not consumers within the meaning of art. 22(1) of the Act of 23 April 1964, the Civil Code. Therefore, the provisions of law related to consumer trade do not apply to contracts concluded via the Store.

2. The limitation resulting from § 3 sec. 1 do not apply to individuals conducting business activity, purchasing Goods under an agreement directly related to this business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Business Activity.

3. The Regulations and the Offer define the principles of cooperation and the conditions for the performance of the agreement.

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

5. The Customer may not place an Order using incorrect personal data, anonymously or under a pseudonym.

6. In the event of a discrepancy between the content of the Regulations and the Offer, the Offer shall be binding.

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

8. The Customer may use the Service 24 hours a day 24/7. Orders placed on Saturdays, Sundays or public holidays will be processed the next Business Day. The Seller reserves the right to temporarily disable the Service for technical reasons.

§4

Price

1. The price is net and VAT should be added to it.
2. The Seller informs that it is a VAT payer.
3. The price does not include information on delivery costs or other costs (such as marking the clothing) that the Customer is obliged to bear, and about which costs will be informed before placing the order.
4. The reduced price is the price applicable after the reduction in the price of the Product.

§ 5

Presented Goods

1. The prices posted on the store’s website are only an invitation to submit offers within the meaning of Art. 71 of the Civil Code and do not constitute an offer within the meaning of Art. 66 of the Civil Code.

2. The Seller informs that the photos presenting the goods offered are for illustrative purposes only. The actual appearance in this in particular, the color and structure of the material may differ from that presented in the photos.

3. The Seller shall not be liable for any differences in the colors of the goods in the catalog and the actual color of the goods that are the subject of the order.

4. The Seller shall not be liable for any differences in the shades and dimensions of the delivered product within the ordered assortment, this results from the availability of different production series of clothing.

5. The Seller reserves the right to withdraw individual products from the online store’s offer, conduct and cancel all types of promotional campaigns and sales.

6. The Seller shall not be liable for temporary shortages of goods from suppliers.

§ 6

Order fulfillment

1. To obtain a commercial offer, contact the Seller.

2. Within the scope of the business activity, the following forms of contact are available:

• e-mail (e-mail address in the service domain),

• contact form (available on the service),

• telephone contact with an authorized employee of the company,

• personal visits to the company’s headquarters.

3. The contract is concluded after the ordering party has expressly accepted the terms and conditions presented in the commercial offer.

4. The ordering party sends an inquiry via e-mail specifying in particular:

• product

• quantitative demand

• specifies the marking service

• indicates the delivery date of the product

5. After establishing contact, the company conducts an initial telephone conversation or exchanges e-mails, during which the parties determine the needs and individual characteristics of the potential order.

6. In response to the inquiry, the Customer receives a free commercial offer via e-mail presenting the products, cost and conditions and an estimated date of order completion.

7. After receiving the commercial offer, the Customer is in no way obliged to use the company’s services.

8. In the event of wishing to execute the order immediately after receiving the commercial offer, the Customer is obliged to accept the proposal or submit any comments within the time specified in the offer (validity of the offer).

9. After acceptance, the Customer receives an e-mail confirming receipt of the Order and a request to pay the proforma invoice.

10. The sales agreement, as well as the agreement for marking the Goods, is concluded after acceptance by The Customer sent a VAT Invoice or Pro Forma Invoice and after making an advance payment. By making the payment, the buyer accepts the Terms and Conditions of Cooperation.

11. The Seller reserves the right to refuse to fulfill the Order within 14 business days from the date of its placement in the event of:

• unavailability of a given product – the fact that the Customer has placed an Order is not equivalent to concluding an agreement. Each time, the availability of the product in the manufacturer’s stock is verified,

• failure to provide graphic files that meet the technical guidelines indicated in the message,

• failure to accept the visualization,

• failure to pay for the entrusted order (failure to pay the proforma invoice),

• delays in decision-making and the above-mentioned points, preventing timely execution of the order,

• when it was placed using: software, robot, crawler, spider or any automated system or script behavior or any third-party services used to place the order on behalf of the user.

12. In the event that the Seller is unable to complete the entire Order, it will be partially completed. The remaining part of the settled Price will be returned to the ordering party.

13. The goods purchased by the Ordering Party remain the property of the Seller until the full payment for thesen goods.

14. The estimated date of completion of a given Order will be provided to the Customer by e-mail.

15. The Seller uses the services of external payment operators to offer online payments.

16. The Customer may choose the following forms of payment for the ordered Products:

1. 1. 1. by bank transfer – payable directly to the Seller’s account, based on the received Proforma Invoice or VAT Invoice

      2. by electronic transfer – via: Przelewy 24. In order to make a payment, the Customer will be transferred to the website on the terms specified by this website.

   17. The Customer is obliged to make the payment immediately after placing the order, unless otherwise stated in the Offer or the payment method selected by the Customer.

   § 7

   Product marking service

   1. 1. 1. The Customer may order the Seller to perform the Product marking service, which involves placing an inscription, logo or other graphic sign indicated by the Customer on the Product.

         2. The Customer declares that they have the right to use the graphic design provided to the Seller and that it does not violate the rights of third parties. The Customer is solely responsible for violating someone else’s rights.

         3. The Seller may refuse to make a print or embroidery if, in his opinion, it contains content of an illegal nature or infringing the copyright of a third party.

         4. The Seller does not verify the order in terms of the use of copyright by the Ordering Party. In this respect, the Seller’s liability is excluded both towards the Ordering Party and third parties.

         5. The Customer, after placing an order, may commission the Seller to perform a service consisting in preparing a graphic visualization of the marked Goods. Such visualization is for illustrative purposes only and does not guarantee its accurate reflection in the executed order, which the Customer fully accepts and agrees to. The visualization service is performed as part of the completed order and is limited to the presentation by the Seller of two projects. The preparation of more than two visualization projects by the Seller will be a paid service, to which the Customer agrees.

         6. The Customer is responsible for the correctness and quality of the inscription, logo or other graphic sign provided to the Seller and at the same time consents to its use for the purpose related to the provision of the service.

         7. The Customer also consents to the disclosure and use by the Seller of the Customer’s trade name (including the logos used) for marketing purposes in advertising materials and the website, and as the Seller’s demonstration products.

         8. The order to mark the Goods means that the subject of the service is a non-prefabricated item, manufactured according to the Buyer’s specifications or intended to meet their individual needs, and therefore the Customer is not entitled to withdraw from the contract concluded outside the company’s premises or remotely. This applies to both withdrawal from the goods marking agreement and purchase of goods covered by the ordered marking.

   § 8

   Liability

   1. 1. 1. The Seller is liable for the order only up to its value.

         2. After reselling or transferring the goods to another recipient, liability for any quality and quantity defects is transferred to the Ordering Party. The Ordering Party is responsible for checking the goods before handing them over to anyone.

         3. A complaint is not submitted for goods in which the discrepancy in size, shade, weight and style of clothes does not exceed +/- 20%, while the discrepancy in position, accuracy of pattern reproduction, colours and size of marking exceeds +/- 20%. The above arrangements result from the specificity of the goods marking process.

         4. In the event of lack of full availability of products from the manufacturer, LOGOS Dystrybucja reserves the right to implement certain

   § 9

   Return and exchange

   1. 1. 1. Products on which marking has been made (at the customer’s request) are personalized in an irreversible manner, and therefore are not subject to the possibility of withdrawal from the contract or exchange.

         2. Products on which marking has not been made, the Customer has the right to return or exchange within 7 days. The time is counted from the date of receipt of the product until the physical receipt of the returned goods at the Logos Dystrybucja Office, in Żywiec at ul. Jana III Sobieskiego 1A. After receiving the Goods, both in the case of return and exchange of goods, the Seller has the right to deduct the handling cost of 25% of the order value – to which the Customer agrees.

   § 10

   Complaint and warranty

   1. 1. 1. The Parties agree to establish the Seller’s warranty on the principles described in this chapter.

         2. In relation to the purchase of Goods without the Service of marking them, the Customer has the right to file a complaint if a physical defect of the Goods is found before the expiry of 10 days from the date of its delivery.

         3. The Customer submits a complaint in writing to the Seller’s address: “F.H.U. LOGOS-DYSTRYBUCJA BARTOSZ URBAŃSKI”, providing his/her exact data, data of the complained goods, date of issue of the goods, date of finding the defect and describing in detail the nature of the defect. The Customer shall also deliver the complained Goods to the above address at his/her own expense.

         4. The Seller shall take a position on the complaint within 14 days of its receipt. The Seller shall respond to the complaint and indicate whether he/she accepts the complaint and how he/she intends to consider it or shall inform about the lack of grounds for accepting the complaint together with the justification of his/her position.

         5. The Parties to the agreement unanimously agree that the warranty for defects in the Goods in the event of using the Service of its marking shall be excluded.

   § 11

   Withdrawal from the contract

   1. 1. 1. The right to withdraw from the contract does not apply if the Buyer uses the Product Marking service and in other cases provided for in art. 38 of the Act of 30 May 2014 on consumer rights.

         2. In the event of withdrawal from the Sales Agreement, it is considered not to have been concluded. What the parties have provided is returned in an unchanged state, unless the change was necessary within the limits of ordinary management. The Buyer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller has offered to collect the item himself. To meet the deadline, it is sufficient to return the item before it expires. The place of return of the item is the same as the Seller’s registered office.

         3. The Buyer is liable for a decrease in the value of the item resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.

         4. If the Seller has not offered to collect the item from the Buyer himself, he may withhold the refund of payments received from the Buyer until the item is received back or the Buyer provides proof of its return, depending on which event occurs first.

         5. The Buyer shall only bear the direct costs of returning the item. The decision on how the item will be returned is up to the Buyer.

         6. The fourteen-day period within which the Buyer may withdraw from the contract is counted from the day on which the Buyer took possession of the Goods. The Buyer may exercise the right to withdraw from the contract before taking physical possession of the Goods, however, submitting a declaration of withdrawal from the contract before taking possession of the Goods does not exempt the Buyer from bearing the costs of returning the Goods, if the aforementioned declaration was submitted after the Seller sent the Product to the Buyer.

   § 12

   Packaging and delivery

   1. 1. 1. The completed order is packed collectively in cardboard boxes or so-called “foil bags”. The clothing is not packed individually in packaging, including foil bags.

         2. Any other method of packaging involves additional fees.

         3. The ordered goods are delivered via a courier company.

         4. At the Customer’s request, a shipment number is provided, which, depending on the technical availability of the service from the carrier, allows tracking the shipment.

         5. When accepting goods from a transport company, the Ordering Party is obliged, if the cartons are damaged or the goods have been damaged in any way during transport, to report this fact on the waybill signed in the presence of the courier.

         6. The Seller has no influence on the hours of delivery of parcels by the courier.

         7. The Ordering Party is obliged to verify the completeness of the order, in the event of finding any deficiencies in the order, they are obliged to notify the Seller within 2 business days from the moment of delivery of the Goods.

         8. Finding any deficiencies in the order later than indicated does not constitute grounds for accepting the complaint.

   §13

   Copyrights and licenses

   1. 1. 1. All materials provided by the Seller, including photos, texts, graphics, multimedia and trademarks are works within the meaning of the Copyright and Related Rights Act, subject to legal protection.

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

         3. All materials provided by the Seller may be used only by the Customer for their own use, unless otherwise stated in the Offer. Further distribution, sharing, downloading and downloading of the materials in any way beyond the scope of permitted use is unauthorized.

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

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

            1. recording and reproducing the work – producing copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital technology for own use

            2. trading in the original of the Physical Product – introducing the original into circulation, lending or renting it,

            3. distributing the work in a manner other than that specified in point b – public performance, exhibition, display, reproduction and broadcasting and re-broadcasting, as well as making the work publicly available in such a way that everyone can have access to it at a place and time selected by yourself.

         6. In the event of a breach of the prohibition referred to in this paragraph, including copyright infringement, the Seller has the right to demand compensation and redress from the Customer. The Customer may be held civilly or criminally liable in the above-mentioned scope.

   §14

   Final Provisions

   1. 1. 1. During the duration of the force majeure, the Parties to the agreement shall be exempt from any liability for its non-performance or improper performance, if only the circumstances of the occurrence of the force majeure constitute an obstacle to the performance of the agreement. The above also applies in the period immediately preceding or immediately following the occurrence of the force majeure, if only in the indicated period the impact of the force majeure constitutes an obstacle to the performance of the agreement.

         2. “Force majeure” shall be understood as an event of a sudden or natural nature, independent of the will and action of the Parties, which could not be foreseen and could not be prevented, in particulartion such events as: flood, war, act of terror, introduction of a state of emergency.

         3. In a situation where the Customer is outside the Seller’s country, they should inform the Seller about this, indicating information about their place of residence/registered office, in order to be able to settle the tax in accordance with the applicable regulations. The Ordering Party is obliged to provide a document confirming the application of the appropriate tax rate and confirmation of the export of products abroad.

         4. When using the Products, it is prohibited to act in a manner that is contrary to the law, good customs or infringes the personal rights of third parties and to provide information of an unlawful nature.

         5. The Seller reserves the right to introduce changes to the Regulations.

         6. The applicable law is Polish law, subject to paragraph 8.

         7. The competent court is the Polish court, subject to paragraph 8.

         8. The competent court to resolve disputes arising between the Service Provider and the Entrepreneur who is not an Entrepreneur with consumer rights is the court with jurisdiction over the Plaintiff’s registered office.

         9. The Seller has the right to terminate the agreement with the Entrepreneur who is not an Entrepreneur with consumer rights with immediate effect. For this purpose, the Seller sends the Entrepreneur a statement regarding the termination of the agreement to the e-mail address or correspondence address. The entrepreneur waives any claims in this respect.

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

         11. The principles regarding the processing of personal data are regulated in Privacy Policy.

         12. The Regulations are effective from 31.10.2024