GTC


General terms of contracts

AZ COLOR limited liability company limit partnership


Definitions:

"AZ Color" - AZ Color limited liability company limited partnership based in Antonie, ul. Mazurska 88, 07-410 Antonie, entered into the register of entrepreneurs kept by the National Court Register under the KRS number: 0000734052, NIP: 7582364665, REGON: 368879843.

"Customer" - a natural or legal person or an organizational unit without legal personality, whose legal provisions grant legal capacity, which orders AZ Color to perform Printing Services.

"Foreign customer" - a customer whose registered office is outside the territory of the Republic of Poland.

"Non-standard materials" - production materials that require the use of raw material supplies from outside Poland,

"AZ Color Standards and Certificates" - implemented in the current activity of AZ Color: ISO 9001: 2015 Quality Management System, BRC P&PM Food Safety System Certificate, DPG Certificate - Deutsche Pfandsystem GmbH and Chain of Origin Certificate - FSC®.

"Response to the Inquiry" - AZ Color's response to the Inquiry containing the terms and date of accepting the printing service for implementation.

"General regulation on the protection of personal data" - means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of the Directive 95/46 / EC (General Data Protection Regulation).

"Natural person running a business" - a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity, referred to in art. 3855 of the Act of 23 April 1964 Civil Code ( Journal of Laws of 2020, item 1740 as amended, hereinafter the "Civil Code").

"GTC" - these General Terms and Conditions of AZ Color Spółka z ograniczoną odpowiedzialnością spółka komandytowa ( limited liability company limited partnership)

"Order Confirmation" - a document confirming the acceptance of the printing service by AZ Color for execution.

"Product" - a set of tangible and intangible features that are the product of Printing Services offered by AZ Color and purchased by the Customer, thus accepting the properties of the Printing Service as one that meets his own needs, in particular made by AZ Color: self-adhesive labels, peel labels -off, shrink sleeves, OPP wraps, laminates, sachets, hangers, refinements,

"Agreement" - a contract for a specific task, contract of mandate or other contract for the provision of services, to which, in accordance with the Civil Code, the provisions on the order apply, on the basis of which AZ Color and the Customer jointly and in agreement define the detailed rules for the implementation of a specific Printing service and mutual services of the parties resulting from the Printing Service.

"Printing services" - services consisting in the development of patterns (printing forms) of text and drawing originals and printing by AZ Color with their copies through the technologies used, product characteristics and links with other sectors of the economy.

"Product Defect" - a physical defect of the Product, consisting in damage to the entire Product or its part or lack of features or properties of the Product that result from the ISO 9001: 2015, BRC P & PM, DPG Deutche Pfandsystem GmbH standards / approved Product sample / concluded Agreement, if the existence of this defect reduces the market value of the Product, as well as defective packaging, as well as quantitative non-compliance of the Product with the Order.

"Order" - an order for the performance of Printing Services by AZ Color under the conditions specified in the Response to the Inquiry.

"Inquiry" - an inquiry sent by the Customer or a third party to AZ Color, which is a proposal to order the performance of Printing services by AZ Color.

§ 1. Subject of the GTC

  1. These GTC shall apply to Printing Services provided by AZ Color on behalf of the Clients, unless the terms of the Agreement individually agreed with the Client provide otherwise.
  2. Derogation from the provisions of the GTC, referred to in paragraph 1 above may also occur in the Cooperation Agreement between AZ Color and the Client. If AZ Color has concluded a Cooperation Agreement with the Client, the GTC shall constitute its part, provided that it is expressly reserved in the content of the Cooperation Agreement. In such a case, in the event of a conflict of the provisions of the Cooperation Agreement with the GTC, the provisions of the Cooperation Agreement shall take precedence over the provisions of the GTC.
  3. The rules for the performance of the service contained in the GTC are specified on the AZ Color website, i.e. https://azcolor.com.pl/en/gtc
  4. A contract template within the meaning of the Civil Code sent by the Customer, in particular the general terms and conditions of contracts and the Customer's purchase conditions, shall not apply, unless they are accepted by AZ Color in writing, otherwise being null and void.
  5. These GTC do not apply to consumers.

§ 2. Inquiry

  1. The customer may send to AZ Color, an Inquiry in writing to the address of the registered office: ul. Mazurska 88, 07-410 Antonie, as well as through the following communication channels:
    1. phone: 29 764 95 50, 29 764 95 51;
    2. e-mail:
  2. The request for quotation should specify a detailed description of the ordered Printing Services, including the quantity, type and dimensions of the Product, as well as the expected date of implementation of the Printing Services and the manner of receipt of the Product by the Customer. Files containing materials necessary for the performance of Printing Services may also be attached to the Inquiry.
  3. The files referred to in para. 2 above, should meet the requirements set out in Annex 1 to the GTC entitled "Technical requirements for finished projects" (hereinafter "Appendix No. 1 to the GTC"). If the requirements specified in Appendix 1 to the GTC are not met, the provisions of § 5 section 5 of the GTC.
  4. The inquiry does not constitute an offer within the meaning of the Civil Code. An offer within the meaning of the Civil Code is also not a Response to an Inquiry.
  5. AZ Color replies to the Inquiry within 2 (two) working days from the date of receipt of the Inquiry, specifying on what conditions and on what date the Printing service may be accepted for execution. The specimen of the response to the inquiry is attached as Appendix 2 to the GTC. The response to the Inquiry referred to in the preceding sentence includes in particular:
    1. AZ Color identification data,
    2. the subject of the service and the method of communication with the client,
    3. technological data of the Product depending on the individual characteristics of the Product,
    4. valuation of the Printing Services indicated in the Inquiry,
    5. information on fees for transport and delivery,
    6. information on possible postal services and other costs,
    7. method and date of payment for printing services,
    8. validity of the offered Service,
    9. Additional information,
    10. direct link to the GTC.
  6. No response to the Inquiry within the time limit specified in sec. 5 above, does not mean that AZ Color has accepted the Printing Service for execution. The rule set out in the preceding sentence also applies to Inquiries submitted by customers remaining in permanent business relations with AZ Color. The response to the Inquiry may be delivered by e-mail or traditional mail to the address indicated in the Inquiry or other indicated by the Customer or a third party submitting the Inquiry.
  7. (Deleted)
  8. The person submitting the Request for Quotation declares that he/she is entitled to all rights (copyright, trademarks, etc.) to the materials used to provide printing services by A-Z Color, to the extent necessary to provide these services, and in particular the rights to record and reproduce these materials.
  9. The person submitting the Inquiry shall be solely responsible towards third parties in the event of violation of the rights referred to in paragraph 8 above, in particular rights relating to trademarks or copyrights. Where, as a result of violation of the rights referred to in paragraph 8 above, claims will be filed against AZ Color, or an administrative penalty or other financial penalty will be imposed, the Inquiry submitting entity undertakes, pursuant to Art. 392 of the Civil Code, release AZ Color from the obligation to provide potential claims arising from the violation of the above-mentioned rights, as well as to pay this administrative penalty or other financial penalty.
  10. The request for quotation may include a trial reprint. In the case of the A ‑Z Color order for a trial reprint, the Customer is obliged to cover the additional costs necessary to perform a trial reprint, e.g. of photopolymers or dies. The cost of the trial reprint itself is included in the Response to the Inquiry, in the "Optional additional costs" table.
  11. The request for quotation may include a proof proof reprint. The cost of 1 Proof item is included in the Response to the Inquiry, in the "Optional additional costs" table.
  12. The request for quotation may include the preparation of a graphic design. The costs related to the graphic design referred to in the previous sentence are set individually.
  13. Provision of the Response by AZ Color to the Inquiry shall not constitute acceptance of the Printing Service for execution.

 
§ 3. Order

  1. If the Customer is interested in ordering AZ Color to perform a printing service under the conditions specified in the Response to the Inquiry, he sends AZ Color the Order. The Customer must, at the latest, when placing the Order, provide an e-mail address (e- ‑mail address), the technical functioning of which he guarantees from the moment of placing the Order. The e-mail address provided is valid until the cancellation or notification of AZ Color about its change, also for future orders for the performance of Printing Services, if the Customer submits such orders, in which case the previous sentence applies.
  2. The customer should, in particular, by setting a spam filter and an e-mail program installed on the computer (locally and / or at his Internet service provider), ensure that e-mails from AZ Color reach him. AZ Color is not obliged to draw the Customer's attention to missing, incorrect or inoperative e-mail addresses.
  3. The order should contain the number indicated in the Response to the Inquiry.
  4. Placing an Order by the Customer does not bind AZ Color and is not tantamount to concluding the Agreement. Acceptance of the Order for execution requires clear confirmation from AZ Color by sending the Order Confirmation to the Customer by e-mail.
  5. The Order Confirmation contains, in particular, information about the date of completion of the ordered Printing Service. The Order Confirmation is sent to the Customer within 2 (two) business days from the date of receipt of the Order. If it is not possible to send the Order Confirmation within the time limit referred to in the previous sentence, the Customer is informed about the reasons for the delay. The customer is not entitled to any claims against AZ Color due to the delay referred to in the preceding sentence.
  6. As soon as the Customer receives the Order Confirmation, an Agreement is concluded between the parties, under the conditions specified in the Response to the Inquiry and the Order Confirmation. In the event of any discrepancy between the Reply to the Inquiry and the Order Confirmation, the Order Confirmation shall take precedence.
  7. The deadline for the performance of the Agreement for the performance of printing services begins on the day AC Color sends the Order Confirmation to the Customer, but not earlier than before the date of receipt of the payment for AZ Color in the manner specified in § 6 sec. 1 of the GTC and printable files that meet the requirements referred to in § 2 para. 3 of the GTC.
  8. The deadline for the performance of the ordered printing service is the day the Product is sent from the AZ Color headquarters to the Customer. The delivery date given in days includes working days from Monday to Friday. Statutory public holidays affect production and delivery times and may lead to a delay in delivery of the Product. In the case of production on non-standard materials, the date of order fulfillment is determined individually based on the confirmation of the date of delivery of the raw material.
  9. AZ Color may withdraw from the accepted Printing Service, despite sending the Order Confirmation to the Customer:
    1. when for reasons beyond the control of AZ Color, in particular due to force majeure, or the actions or omissions of the Customer or third parties, the performance of this service turned out to be impossible or excessively difficult,
    2. if the Customer fails to meet the payment deadline of the invoice or invoices issued by AZ Color,
    3. in the case referred to in § 5 sec. 17 of the GTC.
    4. if the Customer does not accept the final price of the Printing Service by A-Z Color.
  10. Business disruptions - both at the AZ Color plant and at the plant of its supplier or forwarder, such as a strike, lockdown or other force majeure cases, entitle the parties to the Agreement to withdraw from the Agreement only when the Customer declares that he does not consent to the extension of the deadline execution of the Order. In the absence of the Customer's statement referred to in the preceding sentence, the agreed time for the performance of the Printing Services is automatically postponed by the delay time resulting from business disruptions, without the need for any of the parties to the Agreement to submit statements in this regard.
  11. In the cases referred to in para. 9 and 10, the Customer shall not be entitled to any claims against AZ Color, including the demand to reduce the price, except for the situation in which the Customer suffered damage due to willful misconduct by AZ Color.
  12. By submitting the Order, the Customer declares that he knows the physicochemical properties of the Product covered by the Order, its intended use and knows how to store, use and transport the Product.
  13. If the person submitting the Order asks AZ Color to issue an invoice or a bill for the performance of a printing service to a third party, to which AZ Color has agreed, the entity that placed the Order shall be considered the Customer. AZ Color is entitled to make the issuance of the invoice or bill referred to in the preceding sentence conditional on the provision of the consent of that third party to issue the invoices or invoices in question on their behalf.
  14. Force majeure shall also bwe understood as a situation in which in the period from the date of the response to the request for the quotation of a given customer to the date on whichA-Z Color  learned the final price of the material necessary to manufacture the product for that customer, the price of the material in question increased by more than 5% in relation to the price of this material from the day of answering the Customer Inquiry.

 
§ 4. Prices

  1. The prices applicable at the time of placing the Order. If the price offers are time-limited, the Customer is informed about the period of their validity in the Response to the Inquiry.
  2. All prices are valid with the proviso that the files included in the Order and covered by the Inquiry will not be changed upon its submission and no later than 3 (three) business days after receipt of the Order, the printable files referred to in Appendix 1 will be provided. to the GTC.

 
§ 5. Execution of the Order

  1. As a rule, AZ Color performs all orders solely on the basis of the files for printing provided by the Customer. Materials and technical means belonging to AZ Color will be used to produce the Product, unless the Agreements between AZ Color and the Customer referred to in paragraph 2 and 3 below will provide otherwise.
  2. AZ Color may also provide a printing service on the client's request. In such a situation, the Customer bears full responsibility for the quality and quantity problems of materials and raw materials. In the case referred to in the first sentence of this paragraph, the Agreement should specify, in particular, the method and date of handing over the materials to AZ Color, the manner of their storage and the method of calculating the surplus. If the period of storage of the materials is longer than the agreed time needed for the implementation of the Printing Service, the Client insures the material on his own and covers the costs of storing the materials incurred by AZ Color.
  3. AZ Color may - at the request and at the risk and cost of the customer - order materials and raw materials necessary for the implementation of the printing service also from another supplier. The provisions of these GTC shall apply to the service on the material ordered from another supplier, treating the Product made of materials and raw materials referred to in the previous sentence as Non-standard Material. In the situation referred to in the preceding sentence, the Customer bears full responsibility for quality and quantity problems of materials and raw materials as well as delays due to the fault of the supplier indicated by him. If the period of storage of materials and raw materials referred to in the preceding sentence is longer than the agreed time needed for the implementation of the Printing Service, the Customer insures the material and raw material on his own and covers the costs of storing materials and raw materials incurred by AZ Color.
  4. Before printing, all designs are sent to the customer for approval. Each design file should be carefully checked by the customer (content, graphic layout, dimensions, bending lines, perforation, etc.). The acceptance of the sent project file received from the Customer means that exactly this file will be used for the implementation of the Printing Service. The Customer is responsible for the legibility and content of the bar code / QR code that does not comply with the applicable standards for flexographic printing. The customer is obliged to carefully check the files provided to AZ Color on the basis of which the Printing service is to be performed, before their transfer, because AZ Color does not verify them in terms of spelling or content correctness or completeness, maintaining the order of pages or the absence of other obvious errors . Items (including data carriers) delivered by the Customer or through a third party engaged by him are not subject to the obligation of AZ Color to be checked. When transferring the files referred to in the first sentence of this section, the Customer should use the latest version of the appropriate antivirus program for the computer each time before sending them. The protection of the files referred to in the preceding sentence is the sole responsibility of the Customer. AZ Color is entitled but not obliged to make copies of the files referred to in the previous sentence.

4a. After the Customer has accepted the design file referred to in paragraph 4 above, he may notify A-Z Color of his wish to individually accept the target print from the previously accepted design file (hereinafter "Individual Acceptance of the Target Print"). The Customer's notified desire for Individual Acceptance of the target print, requires A-Z Color's express consent to do so. Individual acceptance of the target printout, if held at A-Z Color's registered office, is effected by the Client's signature on the target printout. Individual acceptance of the target printout by the Customer may also take place via instant messaging, in which case the Customer accepts the photograph or video of the target printout sent by A-Z Color via this instant messaging. If the Customer has made an Individual Acceptance of the target printout, including through the instant messenger, the Customer is not entitled to a complaint and the Customer is not entitled to any claims against A-Z Color, including the demand for a price reduction, except if the Customer has been harmed by A-Z Color's intentional fault.

  1. If the files do not meet the requirements set out in Appendix 1 to the GTC or are affected by another defect, AZ Color will perform the Printing Service in the manner specified in section 4 above, it is understood that the Customer, at his own risk, commissioned AZ Color to provide printing services based on the files provided by the Customer without correcting or converting them beforehand. In the case of files that do not meet the requirements set out in Annex 1 to the GTC, AZ Color does not guarantee the performance of a printing service free from defects, in accordance with the Order or Order Confirmation or the Customer's expectations. In the case referred to in the preceding sentence, the Customer is not entitled to any claims against AZ Color, including the demand to reduce the price, except for a situation in which the Customer suffered damage due to A ‑Z Color's willful misconduct.
  2. AZ Color is obliged to manufacture the Product in accordance with the indications of the art of printing, which is tantamount to producing the Product in accordance with the requirements of AZ Color Standards and Certificates. By agreeing to be bound by the GTC, the Customer declares that he agrees to accept the quality criterion for the ordered Product resulting from the AZ Color Standards and Certificates. Deviations from the standard resulting from the AZ Color Standards and Certificates are allowed only at the express request of the Customer, indicated in the Inquiry and accepted and confirmed in the Order placed by the Customer.
  3. Until the Order Confirmation is sent, AZ Color will only take actions necessary to prepare the performance of the Agreement.
  4. If the Customer accepts the Proof test reprint, the Order is processed on the basis of the Proof test reprint accepted, which replaces the previous arrangements of the parties indicated in the Order or Order Confirmation, unless the explicit information obtained from the Customer in writing or by e-mail indicates otherwise.
  5. The customer will be informed by AZ Color about any circumstances threatening the timely performance of the Agreement, as well as about any remedial measures taken. Immediately after completing the Product manufacturing process, AZ Color will start checking the quality of the Product, and in the event of its positive approval, it will pack the Product in accordance with the Agreement and notify the Customer about its readiness to release the Product or transport it to the agreed place.
  6. The release of Products from the AZ Color warehouse is each time confirmed by a bill of lading or a "WZ" document - external release, which records in particular: the type, quantity and weight of the Products, date and time of release and the person or entity collecting these Products. AZ Color undertakes to deliver the Products in accordance with the conditions specified in the Order Confirmation.
  7. In the case of delivery of the Product outside the territory of the Republic of Poland, the parties to the Agreement decide which version of Incoterms they intend to use and enter it into the Agreement, specifying the place of delivery of the Product.
  8. The products are considered to be received without reservations, if the Customer does not notify AZ Color of any irregularities as to the quantity or quality of the delivered products, within 14 (fourteen) days from the moment of the release of the Products. If objections are found during the delivery itself (visible damage), the Customer is obliged to draw up a damage report in the presence of the courier, which is the basis for the complaint of the courier / transport service.
  9. AZ Color covers the costs of transport to one place in Poland indicated by the Customer, with the proviso that the invoiced amount for the Product will be at least PLN 750 (seven hundred and fifty zlotys) net. The amount referred to in the previous sentence consists only of the final price of the payment for the finished product and packaging, without additional costs, e.g. the costs of photopolymers, dies, gilding dies and other elements constituting the "storage costs", if any. In the case of Orders whose value does not exceed PLN 750 (seven hundred and fifty zlotys) net, the cost of transport to one place in Poland indicated by the Customer is PLN 25 (twenty five) for each parcel up to 25 (twenty five) kg. In the case of a Cargo Product, free delivery means delivery to the first lockable door of the building to which the Product is to be delivered.
  10. In the case of shipment of Products on euro transport pallets, the cost of such a pallet is added to the invoice, the amount of which the Customer is informed in the Response to the Inquiry, or in the course of subsequent correspondence of the parties to the contract for the provision of Printing Services.
  11. The risk of loss or damage to the goods passes to the Customer when the Products are delivered to him - or to a third party authorized by the Customer, including the carrier or freight forwarder.
  12. The Products are delivered during the deliverer's working hours. The Customer's absence at the delivery address results in the Customer being charged with additional fees for the second and third deliveries, if any. The costs of return shipment in case of impossibility of delivery will also be added to the invoice if the impossibility of delivery is caused by the customer.
  13. In the event that the Customer does not collect the ordered Products or refuses to accept them, AZ Color has the right, after prior notification to the Customer in writing or by e-mail and setting a 7-day (seven-day) deadline for collection of the Products in question, to place them in AZ Color's warehouse at the expense of and the customer's risk and requests from the customer for reimbursement of storage costs. The notification referred to in the previous sentence contains information on the costs of storage. After 30 (thirty) days from the date of placing the Products referred to in the first sentence of this paragraph in the warehouse, AZ Color is also entitled to withdraw from the Agreement concluded with the Customer, as a result of which the Customer is refunded the purchase price of the Products in question, and AZ Color their property passes. If the Customer extends the agreed delivery date or does not accept the Product, AZ Color may additionally charge the Customer with the costs of storing the Product, in the amount corresponding to 2% (two percent) of the value of the ordered Product for each one day of its storage.
  14. AZ Color issues VAT invoices. Value added tax is added to the remuneration due to AZ Color at the applicable rate. Unless the parties to the contract for the performance of Printing Services agree otherwise, the first three Orders are processed on the basis of a pro forma invoice, and the next ones with a payment term of no more than 21 (twenty one) days.
  15. The original VAT invoice is sent to the Customer by registered mail or by e-mail to the address provided by him or handed over to the Customer in person. Correcting invoices and duplicate invoices will be sent in the same way as specified in the previous sentence. The date of payment is the date when the amount paid by the Customer is credited to AZ Color's bank account.
  16. If the Customer fails to meet the payment deadline of any invoice issued by AZ Color for his benefit, AZ Color reserves the right to suspend the execution of the Order until the arrears are settled. In the case referred to in the preceding sentence, the Order completion date is extended by the period of delay in payment, and the Customer is not entitled to any claims against AZ Color for compensation for damage resulting from the delay in the execution of the Order.
  17. The customer will be additionally charged for any subsequent changes at the request of the customer or the production costs incurred in the event of cancellation of the order. The later changes referred to in the preceding sentence also include the repetition of Proof proofs requested by the Customer due to slight differences between the printouts and the pattern. A pattern within the meaning of the preceding sentence shall be understood as a graphic design prepared by AZ Color as part of an Order to be accepted by the Customer (allowing the conclusion of the Agreement) and, at the same time, a color pattern for the printer (achieved through a color test).
  18. In the case of providing polygraphic services with the use of polymer plates, they are stored by AZ Color for a period of 18 (eighteen) months from the date of placing the last Order made of a given polymer plate, after which they are destroyed due to the loss of their properties. In the case referred to in the preceding sentence, the Customer shall not be entitled to any claims against AZ Color in this respect. The parties agree that if the printing services are provided by AZ Color with the use of polymer plates, which, in connection with their purchase under these Printing Services, have become the property of the Customer, and the Customer will not collect the polymer plates being his property, within the time limit for referred to in sentence 1 above, AZ Color is entitled at its own cost to destroy these polymer plates, to which the customer agrees and at the same time waives any claims against AZ Color in this respect.
  19. Files delivered to AZ Color by the Customer are destroyed after 18 (eighteen) months from the date of placing the last Order made from a given file. In the case referred to in the preceding sentence, the Customer shall not be entitled to any claims against AZ Color in this respect.

 
§ 6. Payments

  1. The customer is informed about the available payment methods during the ordering process. Unless the given payment method results in anything else, e.g. online payment or cash on delivery payment, the payment should be made without any deductions to the bank account number provided by AZ Color at the latest immediately after the Customer receives the Order Confirmation.
  2. Payments for Printing Services other than those offered by AZ Color as part of the Order, shall be valid only with the express consent of AZ Color expressed in writing under pain of nullity. As a rule, checks and bills of exchange are not accepted by AZ Color as means of payment.
  3. The customer may be required to pay an advance payment in the amount agreed with AZ Color, but not less than 30% (thirty percent) of the value of the entire Order. The advance payment is payable before the Order is sent for execution and determines the acceptance of the Order for execution.
  4. AZ Color may also demand an advance payment if the performance of the Agreement requires the preparation of a larger amount of paper or cardboard, special materials or preparatory works.
  5. AZ Color is entitled to decide that the Order placed by the Customer, in particular a new Customer, may be sent for execution only with 100% (100%) prepayment.
  6. If, after the conclusion of the Agreement, it turns out that due to the bad situation of the Customer, the required payment is uncertain, AZ Color may demand payment in advance, keep the still not shipped Product or suspend further cooperation. In the cases referred to in the preceding sentence, the Customer will not be entitled to make any claims against AZ Color, except for cases in which the Customer suffered damage due to willful misconduct of AZ Color. AZ Color is entitled to the rights referred to in this section also when the Customer is late with payment for other Printing services.
  7. In the event of delay in payment, interest is charged in the amount of twice the amount of statutory interest for the delay (maximum interest specified in Article 481 § 21 of the Civil Code). The right referred to in the preceding sentence does not preclude AZ Color from pursuing further or higher claims for delay.
  8. AZ Color has the right to credit any payment made by the Client, first of all, towards the interest due for the delay, and after the interest has been covered for the liabilities with the oldest payment date, regardless of the Client's instructions as to the method of settling such payment.
  9. The Customer, who provides a valid tax identification number with the Order, expressly declares that the provided tax identification number shall apply to all Orders, including subsequent Orders. It is valid until A ‑Z Color is notified by registered letter or e-mail that the tax identification number is no longer to be used.

 
§ 7. Complaints and guarantees

  1. The Customer is obliged to immediately check the quantity and quality of the Products delivered to him. The deadline for submitting a complaint from AZ Color regarding an incorrect quantity of Products is 14 (fourteen) days from the date of their delivery to the Customer. After the deadline referred to in the previous sentence, complaints regarding the incorrect quantity of Products will not be considered.
  2. The deadline for submitting a complaint to AZ Color regarding the quality of the Products is 14 (fourteen) days from the date the Customer detects the defectiveness of these Products, but not later than within 3 (three) months from the date of delivery of the Products to the Customer. After one of the deadlines referred to in the previous sentence, complaints regarding the incorrect quality of the Products will not be considered.
  3. To be effective, complaints must be submitted in writing to the address of A ‑Z Color's registered office or by e-mail to the following e-mail address: jgui.06awrych@azcolor.com.pl.
  4. The content of the complaint should include a description of the objections as to the quality or quantity of the ‑Products made by A Z Color, provide the exact number and type of Products to which the objections apply and indicate what the claimant is demanding.
  5. AZ Color responds to complaints within 14 (fourteen) days from the date of their receipt.
  6. The complaint is not entitled to the cases referred to in § 5 sec. 5 of the GTC, except for the situation where, at the request of AZ Color, the Customer sent a file in accordance with Annex 1 to the GTC.
  7. Complaints based solely on the fact that the Customer did not heed the guidelines regarding the file requirements for printing specified in Appendix 1 to the GTC may not be submitted.
  8. As long as the fitness for the contractually intended purpose is maintained, deviations accepted in the course of trade as acceptable are allowed. Especially in the case of color reproductions, slight variations in color are not a fault regardless of the type of production. This also applies to color differences in orders that were previously printed at AZ Color. The same applies to the differences between the materials (e.g. digital checking, proofs) and the finished product.
  9. Due to the differences in the method of displaying colors on monitors and the technology used in the printout, the lack of consistency of colors between the received printout and the screen image cannot constitute the basis for filing a complaint.
  10. Due to the specification of printing machines and the printing process, the following deviations are allowed:
    1. for flexo - delta 2-2.5,
    2. color differences for CMYK inks - optical density for each ink with a tolerance of D +/- 0.3,
    3. color differences for Pantone paints - tolerance max. (Delta E) ΔE = 3,
    4. differences in the matching of printing colors - within a tolerance of +/- 0.25mm,
    5. differences in the alignment of cold stamping in relation to graphic elements - within a tolerance of +/- 0.5mm,
    6. differences in the matching of varnishes to graphic elements - within a tolerance of +/- 0.5mm,
    7. differences in punching alignment - within a tolerance of +/- 0.5mm,
    8. variations in gloss of varnishes - within a tolerance of +/- 20%,
    9. for technological reasons, the tolerance of the amount of expenditure is +/- 10% for orders over 5,000 and +/- 15% for orders below 5,000.
  11. The deviations referred to in paragraph 1. 10 above, may not constitute the basis for filing a complaint.
  12. Defects of a part of the delivered Product do not entitle to a complaint of the entire delivery of the Product, unless the partial delivery is not purposeful from the point of view of the Customer.
  13. In the event of a complaint, the Customer is obliged to secure the advertised Products for the purposes of possible inspection with the participation of AZ Color. The inspection takes place on a date agreed between the parties. If the Customer refuses to carry out the inspection referred to in the preceding sentence or fails to show up at the scheduled inspection date, these circumstances may constitute grounds for AZ Color to refuse to accept the complaint.
  14. AZ Color, in order to consider the complaint, may request the Customer to send a sample or all of the Products complained about to AZ Color's office. In the event of a justified complaint, A Z Color shall bear the transport costs referred to in the preceding sentence . ‑The Customer's failure to send the advertised Products referred to in the first sentence of this section may constitute the basis for AZ Color's refusal to accept the complaint.
  15. Complaints related to damage to the shipment containing the Products will be considered by AZ Color on the basis of the damage report drawn up by the customer together with the carrier upon receipt of the shipment. The customer is obliged to make photographic documentation of the damaged shipment. Failure to draw up a damage report referred to in the first sentence of this section may constitute the basis for AZ Color's refusal to accept the complaint.
  16. During the period when AZ Color is considering the complaint, the Customer is not entitled to withhold payments of any due amounts due from AZ Color, except for the claimed Products. The preceding sentence also applies to a situation where only some of the Products invoiced in total are advertised.
  17. AZ Color provides a 6-month warranty on sleeves and a 12-month warranty on labels. The time limits referred to in the preceding sentence shall begin to run on the day following the day the printing products are manufactured. In order to be effective, the use of the warranty rights referred to in this section requires a written notification to the AZ Color headquarters or in electronic form to the following e-mail address: jgaw846urych@azcolor.com.pl.
  18. The condition for the Customer to retain the warranty rights referred to in this section of the GTC is that the Customer complies with the conditions for storing the Products made available via the website: www.azcolor.com.pl/gwarancje. The access code to the documents on the website referred to in the previous sentence is made available to the Customer by AZ Color upon his individual request sent to the e-mail address: kgolaszewsm5vdao4ka@azcolor.com.pl.
  19. As part of the complaint procedure, the Customer may request AZ Color to reduce the price, repair or replace the item with a defect-free item, subject to paragraph 20 below. The Customer also has the right to withdraw from the Agreement, but only if the defect constituting the basis for the complaint is significant and will be recognized by AZ Color according to the procedure set out in this section of the GTC. The model withdrawal form is attached as Appendix 3 to the GTC.
  20. AZ Color may refuse the Client's request if the method of pursuing the claims chosen by him is impossible to meet or, in comparison to another, would require excessive costs. AZ Color may refuse to replace the item with a defect-free one or to remove the defect, also when the total costs of implementing the right selected by the Customer exceed the price of the Product.
  21. The regulations contained in this paragraph replace the provisions of the Civil Code regarding the warranty for defects, which, based on art. 558 § 1 of the Civil Code are excluded.

 

§ 8. Exclusions

  1. This section of the GTC specifies derogations from the provisions of the GTC if the entity ordering the performance of Printing Services is a natural person running a business.
  2. When concluding an Agreement with a natural person, AZ Color may rely on that person's declaration whether he or she has the status of a natural person running a business or not. In the situation referred to in the preceding sentence, AZ Color is not obliged to conduct further analyzes to determine this status, unless it becomes aware that the statement of the natural person was untrue. The customer is informed about the potential verification by AZ Color, whether the purchase was professional or not, on the AZ Color website.
  3. The declaration of the natural person referred to in sec. 2 above may consist, for example, in the fact that a natural person, when placing an Order, provides full data on the business activity, including the NIP number and REGON number. AZ Color may request such information at every stage of the Agreement performance. In such a situation (i.e. receiving the NIP number or REGON number from the Customer) AZ Color, when receiving the order and concluding the Agreement with the Customer, may assume that the Customer performs activities directly related to his business activity.
  4. When ordering a printing service, the customer may also provide additional information that a given Agreement is of a professional nature - AZ Color may each time request the Customer to provide such information, starting from the stage of submitting an Inquiry by the Customer.
  5. Verification on the part of AZ Color whether the purchase was professional or not, may also take place at the stage of reporting returns, complaints, or examining the possibility of withdrawing from the Agreement.
  6. Since the subject of the Printing Service is a non-prefabricated item, manufactured according to the Customer's specific specification or serving to satisfy his individual needs, subject to § 7 sec. 19 sentence 2 of the GTC, a natural person running a business is not entitled to withdraw from an Agreement concluded outside the business premises or remotely based on the provisions of the Act of May 30, 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287 as amended).

 

§ 9. Retention of title, deductions

  1. In the course of trade, AZ Color has the right to retain documents for printing, manuscripts, raw materials and other items provided by the Customer, in accordance with Art. 488 and 490 of the Civil Code, until full repayment of receivables resulting from commercial relations.
  2. The delivered Product remains the property of AZ Color until the Customer pays full payment for all amounts due from the date of issuing the invoice (invoice or receipt).
  3. AZ Color complies with Art. 192 of the Civil Code, the manufacturer and retains the ownership of the Product at every stage of processing. If third parties are involved in the processing, AZ Color's share in the ownership right is limited to the amount of the invoice (receipt) for the Product, the ownership of which is retained.
  4. AZ Color has the right to set off the amounts of its receivables against the current or future liabilities of the Client. The Client shall not be entitled to such a right, unless AZ Color and the Client decide otherwise by way of a written annex to the Agreement.

 

§ 10. Responsibilities of AZ Color

  1. Any liability of AZ Color for non-performance or improper performance of an obligation under the Agreement, including liability resulting from product defects, covers the damage actually incurred and documented by the Customer according to the premises specified in the provisions of applicable law, i.e. solely as a result of intent or gross negligence. The liability of AZ Color, irrespective of the title of this liability, may not exceed 30% (thirty percent) of the net value of the Printing Service to which the circumstances underlying the liability of AZ Color relate.
  2. Any liability of AZ Color, irrespective of the title of this liability, does not include compensation for damages related to lost profits, lost profit, production losses, loss of market reputation, loss of clientele, resignation by the client's contractor from the contract and the client's liability to the client's contractor.
  3. AZ Color shall be liable for the Product having certain features or for the suitability of the delivered Product for the purposes of the Customer only if it has provided the Customer with a written assurance that the Product has certain features or that it is suitable for these purposes.
  4. Subject to § 7 of the GTC, the statutory deadlines for submitting claims apply.

 

 

§ 11. Commercial practices, data archiving

  1. The commercial practices of the printing industry apply in commercial contacts (e.g. no obligation to issue semi-finished products such as: files, lithographs, printing plates produced for the production of the due final product), unless otherwise agreed.
  2. From the moment of delivering the Product in its final shape to the Customer or a person obliged by him, materials assigned to the Customer, in particular files and data carriers, are archived by AZ Color only after express agreement and for additional remuneration. If the materials mentioned in the previous sentence are to be insured, the customer is obliged to do so.

 

§ 12. Data confidentiality

  1. AZ Color and the Customer as well as persons participating in the conclusion and execution of transactions are obliged not to provide, disclose or use information constituting the other party's secret, including any technical, technological, economic, financial, commercial, legal and organizational information that they learn about in during mutual cooperation or on the occasion of cooperation. The obligation referred to in the preceding sentence applies in particular to non-disclosure, non-disclosure and non-use of information constituting a business secret in accordance with art. 11 sec. 4 of the Act of April 16, 1993 on Combating Unfair Competition (" Acknowledgment ").
  2. Employees, subcontractors of the Customer and the persons he uses to perform the Agreement, have the right to use confidential information constituting A ‑Z Color's secret only to the extent necessary for the proper performance of their duties and after prior: informing these persons by the Customer about the content of the GTC, obtaining the consent of these persons to comply with the provisions of the GTC to the extent as if these persons were bound by the GTC and the obligation of these persons to keep secret confidential information constituting the secret of AZ Color and not to disclose it in any way other than the permitted GTC. Any transfer, disclosure or use of information constituting A ‑Z Color's secret, if it threatens or violates the interest of its interest, constitutes an act of unfair competition within the meaning of the provisions of ACC.
  3. Any extortion, phishing and dissemination of information that is a secret of AZ Color will be a violation of the secret.

 

§ 13. Severability clause

  1. If one or more of the provisions of the GTC violates applicable law or becomes invalid or turns out to be unenforceable for other reasons, this does not apply to the validity of the remaining provisions. A void or unenforceable provision shall apply as replaced by one that is the closest to that provision in an economically permissible manner.

 

§ 14. GDPR

  1. The administrator of Personal Data is AZ Color limited liability company limited partnership based in Antonie, ul. Mazurska 88, 07-410 Antonie, entered into the register of entrepreneurs kept by the National Court Register under the KRS number: 0000734052, NIP: 7582364665, REGON: 368879843.
  2. The Administrator can be contacted in writing at the following address: ul. Mazurska 88, 07-410 Antonie, or by e-mail azcoltepzor@azcolor.com.pl or by phone: 29 764 95 50, 29 764 95 51.
  3. Personal data is processed by the Administrator in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / WE (hereinafter: "GDPR"), as well as on the basis of other provisions regulating the protection of personal data of natural persons.
  4. AZ Color is the administrator of personal data provided by users on the website. The administrator makes every effort to ensure that all personal data are processed in accordance with the purpose for which they were collected and used in accordance with the scope of granted permits (consents) and processing areas permitted by law.
  5. Each person providing the Administrator with personal data via the website is informed about the specific purpose for which these data are processed and the legal basis for processing. The Administrator uses personal data only for legally permitted purposes, in particular for the proper performance of the Agreement.
  6. Personal data processed on the basis of the consent granted will be processed until it is withdrawn or the purpose for which the data was collected ceases to exist. The consent granted may be withdrawn at any time without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
  7. The data processed in connection with the conclusion and implementation of the Agreement will be processed in accordance with applicable regulations, but no longer than until the expiry of the period in which the Administrator may pursue claims related to the concluded Agreement.
  8. Personal data collected through all kinds of forms posted on the Administrator's websites, including, among others: such information as: name and surname, contact telephone number, e-mail address, website address and company name, are used only to identify the Customer, make contact with commercial contact, providing the Customer with free materials or valuation of the Administrator's services, for the duration of commercial negotiations aimed at signing the Agreement, and then for the duration of the Agreement or service, as well as for the period in which the Administrator is obliged to store sales documents.
  9. Personal data collected through all kinds of forms posted on the Administrator's websites are processed on the basis of the consent of the person (Article 6 (1) (a) of the GDPR), as well as pursuant to art. 6 sec. 1 lit. b) GDPR, i.e. their processing is necessary for the performance of the Agreement to which the data subject is a party, or to take action at the request of the data subject, before concluding the Agreement.
  10. The customer has the right to access and rectify personal data being processed, as well as the right to request their deletion and restriction of data processing, the right to transfer personal data, object to processing and file a complaint to the supervisory body.
  11. The consent to the processing of personal data may be withdrawn by the Administrator's customers at any time. Withdrawal of consent to data processing does not affect the lawfulness of data processing carried out by the Administrator on the basis of consent before its withdrawal.

 

 

 

§ 15. Final provisions

  1. By submitting an Order, you accept these GTC.
  2. In terms of litigation arising from the implementation and compliance with the provisions of the GTC, the competent court is the court having jurisdiction over the seat of AZ Color.
  3. These GTC shall enter into force on the date of its publication on the AZ Color website at https://azcolor.com.pl/en/gtc.
  4. The GTC is valid for an indefinite period.
  5. In matters not covered by the GTC, the relevant provisions of the Civil Code shall apply.
  6. The person contacting AZ Color on behalf of the Customer is deemed to be authorized to perform legal actions on behalf of the Customer, in particular to change the Order, in case of doubts.
  7. AZ Color reserves the right to change these GTC.

 

List of attachments:

  1. Technical requirements for finished projects,
  2. Sample response to an inquiry,
  3. Model withdrawal form.

 

Appendix 1

to the General Terms and Conditions

AZ COLOR limited liability company limited partnership

- Technical requirements for finished projects -

 

  1. The files should be saved in:
    • Adobe Illustrator  or PDF  (fully editable).
  2. Attached photos in the format:
    • tiff or psd  (on layers), minimum resolution 300dpi.
  3. Fonts should be converted to curves or attached to the project.
  4. The design should be adapted to the dimensions specified in the order, taking into account the 2 mm bleed.
  5. The color mode is CMYK or Grayscale, and PANTONE® and PANTONE + ®.
  6. The file and all attachments should be free of embedded profiles and no trapping.
  7. If the project requires it, a white, varnish or cold stamping scheme should be attached.
  8. The colors given in the file must be consistent with the description in the table.
  9. The designed barcode should meet GS1 standards.
  10. 3d code (Qr, Datamatrix) minimum 8x8 mm with quiet zone on each side.

 

Appendix No. 2

to the General Terms and Conditions

AZ COLOR limited liability company limited partnership

- Template of the Response to the Inquiry ("Reply") -

 

Ostrołęka, Jan 8, 2020

 

ANSWER TO THE REQUEST FOR QUOTATION NUMBER [...]

 

 

Contractor's data

[…]

Subject of the Inquiry

[…]

Calculation number

[…]

Technological data

Maximum number of product versions .............................................. ...........................

Raw material ................................................. .................................................. ............

Glue ................................................. .................................................. ....................

Processing ................................................. .................................................. .

Flexo colors ................................................ .................................................. .......

Rectangle Label Size (Width x Length) ............................

Distance between labels on the web length ............................................ .........

Web width ................................................ ..................................................

 

Prices offered

Circulation

 

Price for 1,000 pcs.

 

 

Additional costs

PRINTING FORMS

 

for 1 color

CUTTING DIES

 

for 1 pc.

 

Optional extra costs

Proof

 

for 1 pc.

A test print

 

for 1 pc.

 

For technological reasons, the tolerance of the size of expenditure is +/- 10% for orders over 5000 items.

For technological reasons, a tolerance of the size of expenditures is +/- 15% for orders below 5000 items.

All prices listed above must be increased by VAT, in accordance with the applicable rate.

Proposed completion date:

Proposed date of reprinting:           

Delivery method:                                                    

Terms of payment:

                                                                                 

WHEN PLACING AN ORDER, PLEASE PROVIDE YOUR ANSWER NUMBER

_________________________

The answer was prepared by

 

 

The terms of service provision are specified in the "AZ Color General Terms and Conditions" available at https://www.azcolor.com.pl . By placing an Order (understood as an order for the performance of printing services by AZ Color on the terms specified in this response to the Inquiry), the Customer declares that he has read the "General terms of AZ Color contracts", accepts their content and agrees to be bound by the provisions of the "General Terms and Conditions" AZ Color contracts ".

 

 

Appendix No. 3

to the General Terms and Conditions

AZ COLOR limited liability company limited partnership

- Model withdrawal form -

 

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

 

Addressee: AZ Color limited liability company limited partnership based in Antonie, ul. Mazurska 88, 07-410 Antonie,

return address: [street, town, postal code]

contact e-mail: [if available]

fax: [if available]

 

- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*) ……

…………………………………………………………………………………………………………………………………… ………………………………………………………………………………… ..............…

- Date of conclusion of the contract (*) / receipt (*): ………………………………………… ..................... .................................................. .................................................. ........................................ …………………….

- Name and surname / Client's company: …………………………………………………………………… ... ………………………………… ………………………………………………………………… ............. ………

- Customer's address: ……………………………………………………………………………………… ............. .................................................. .................................................. .................................................. .

- Customer's signature (only if the form is sent in paper version) ........................... ... ................................................................. ....... ……………………………………………………

- Date: …………………………………………

(*) Delete as appropriate.

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