Of placing orders using the Monotype Pressing website / service
The Regulations constitute the legal basis for the functioning and use of the MonotypePressing Website, accessible through monotypepressing.pl domain, and the rules for placing orders through it.
- MONOTYPE PRESSING – Jakub Mikołajczyk, conducting business activity under the name MonotypeRec. Jakub Mikołajczyk,, Al. Reymonta 19/43 01-840 Warszawa
- Price – the price of the Product or remuneration for the provision of Services.
- Working days – days from Monday to Friday from 9:00 am to 5:00 pm, excluding public holidays;
- Customer – a person placing an Order through the Website;
- Consumer – a customer making a legal transaction with an entrepreneur not directly related to their business activity;
- Account – a set of data within the Website, assigned to a given Customer, a place on the Website in which information about the Customer is stored;
- Products – vinyl records, CDs, DVDs, audio cassettes, printed materials, textile materials such as T-shirts, sweatshirts, bags and cups, puzzles, slipmats.
- Regulations – these regulations along with the attachments;
- Website – monotypepressing.pl website (along with other domains redirecting to the address monotypepressing.pl) run by MONOTYPE PRESSING;
- Services – services provided by MONOTYPE PRESSING in connection with the implementation of Orders (e.g. designs of decorations for textiles including the preparation of matrices, pantones, verification of audio files and graphic files; correction of graphic files or other consumables necessary to make the Product);
- Order – ordering Products or Services offered by MONOTYPE PRESSING on the Website.
- All rights to the Website, its elements, including programming, graphic and other, Website name, Website domain are the sole property of MONOTYPE PRESSING and they can only be used in accordance with the Regulations and the provisions of generally applicable law.
- The Customer undertakes to use the Website for its intended purpose only in a manner consistent with the law, principles of social coexistence, decency and the provisions of the Regulations.
- Any activities that are not explicitly permitted by the Regulations or legal provisions, in particular those that would destabilize the Website, limit or block the access to the Website or its functions, are prohibited. It is forbidden to take other actions to the detriment of MONOTYPE PRESSING or third parties, or to threaten their rights or interests.
- Using the Website is only possible with the help of a device with Internet access, e.g. a computer, laptop.
SUBMITTING AN ORDER
- In order to place an Order through the Website, it is necessary to for the Customer to accept these Regulations and have an Account and to be logged into the Account.
- An Account may be opened only by an adult natural person with full legal capacity.
- In order to create an Account, the Customer has to:
- complete the registration form,
- choose login and password,
- consent to the processing of personal data, which is required for registration on the Website.
- After an Account has been created in accordance with paragraph 3, a message with an authentication link will be sent to the Customer’s email address provided during registration. After clicking the link, the Customer is redirected to the Website login page, where they log in for the first time using the login and password chosen during registration
- The prices of individual Products or Services are visible next to their description or in the ‘Document / Price List’ tab.
- The prices of individual Products or Services are binding for MONOTYPE PRESSING at the time of placing the Order.
- The prices do not include the tax on goods and services (VAT) and are shown in Polish zlotys, euros or US dollars.
- The prices do not include the costs of delivery of the Products to the Customer. Delivery costs are provided upon placing the Order.
- In the event of currency fluctuations, fee increases, prices for materials, energy, etc., above 3% in total, the offers submitted will not be binding.
- The obligation of MONOTYPE PRESSING to perform the Order arises when MONOTYPE PRESSING confirms the Order to the Customer using a medium specified in the offer. The sales and delivery contract between the Customer and MONOTYPE PRESSING is concluded only by confirming the Order by MONOTYPE PRESSING.
- The Order Form submitted by the Customer should contain: name and surname / company of the Customer and data necessary to issue an invoice, along with type and quantity of Products or Services, specification of Products or Services, place of delivery of Products or Services, including the exact address and name of the person authorized to collect the Products, the date of delivery of the Products, the date of payment
- MONOTYPE PRESSING remuneration will be calculated in accordance with the MONOTYPE PRESSING offer sent to the Customer and with the price list available on the Website next to the Product description or in the “Documents / Price list” tab.
- In the event that MONOTYPE PRESSING incurs additional costs in connection with the specifics of the Order, the Customer will cover these costs in full, regardless of the amount of remuneration set in the MONOTYPE PRESSING offer.
- The remuneration referred to in point 1 shall be payable within 7 days from the date of confirming receipt of the proforma invoice, unless the Parties agree otherwise.
- In the case of partial deliveries, MONOTYPE PRESSING is entitled to issue separate invoices for each partial delivery.
- No customs fees or other financial charges imposed on the Products shall be included in the remuneration, in accordance with the law applicable to the Customer’s registered office.
- The payment of remuneration is recognized upon crediting the amount due on the MONOTYPE PRESSING bank account.
- In the case of orders and order confirmations calculated in a currency other than PLN, MONOTYPE PRESSING is entitled to indicate the amount in PLN on the invoice at the current exchange rate of that currency.
- An increase in the exchange rate of at least 5% may result in a change in the amounts due for the remuneration due to MONOTYPE PRESSING.
- The amount indicated on the invoice is a net amount. VAT will be added to the amount in the appropriate amount applicable at the time of issuing the VAT invoice.
- By accepting these Regulations, the Customer submits a request for an invoice for the Products / Services they order, instead of a fiscal receipt.
- By accepting these Regulations, the Customer agrees to receive an e-invoice.
- In order to dispute the invoice issued by MONOTYPE PRESSING, the Customer shall prepare and present a written protest with justification to MONOTYPE PRESSING within 3 days from receiving the invoice,
- In the event that the Customer fails to pay remuneration to MONOTYPE PRESSING within the time limit referred to in paragraph 3 above, the Customer shall, without being reminded of the charge, be obliged to pay compensation in the amount of 15% of the amount indicated on the invoice, but not less than 40 EURO or its equivalent.
- At the same time, the Customer will, without being reminded of the charge, be obliged to pay default interest amounting to twice the statutory interest rate calculated from the day following the due date.
- Notwithstanding the foregoing, in the event that the Customer fails to meet the agreed payment conditions, MONOTYPE PRESSING shall be entitled to suspend or cancel all or some current or future deliveries, in part or in full.
- In the event of a declaration of bankruptcy or in the event of the actual insolvency of the Customer, MONOTYPE PRESSING is entitled to immediately and completely cancel all their Orders with the right to claim damages.
PLACING AN ORDER
- Orders can be placed 24 hours a day, 7 days a week.
- Orders are placed after logging into the Account and a) placing an order for selected Products or Services using the “Order” form or by telephone or email contact with MONOTYPE PRESSING and b) after the Customer selects ordered Products or Services, using the Order form available on the Website and c) after they make a payment.
- In a situation where the Customer provides incomplete or incorrect data preventing the execution of the MONOTYPE PRESSING Order, MONOTYPE PRESSING may ask the Customer to complete or verify the data.
- Placing an Order means that the Customer submitted an offer to conclude an agreement regarding MONOTYPE PRESSING performing of a specific Product or Service.
- Immediately after placing the Order, MONOTYPE PRESSING will confirm receipt of the order via e-mail.
- MONOTYPE PRESSING reserves the right to refuse to process an Order if the materials sent to MONOTYPE PRESSING include content or elements that violate generally applicable law or decency. The right of refusal referred to in the first sentence of this point may apply in particular to Orders that include content or symbols that promote hatred on a racial, religious or ethnic basis, ones that included content promoting discrimination on grounds of gender identity, sexual orientation and other discriminatory practices. MONOTYPE PRESSING reserves the right to refuse such an Order at any time, without being obliged to provide an explanation.
- In the event of refusal to process the Order as referred to in point 6 above, MONOTYPE PRESSING shall inform the Customer of the refusal and will return the amount the Customer paid in connection with the Order immediately, but no later than within 21 days.
- Acceptance of the Order by MONOTYPE PRESSING is confirmed by e-mail.
- Upon receiving the Order, a contract covering the subject of the Order is concluded between MONOTYPE PRESSING and the Customer.
[PROVISIONS CONCERNING PANEL PRESSING OF CDS, VINYL RECORDS AND TAPES]
- The Customer is obliged to get acquainted with the document “Recommended technical specification” available on the Website in the ‘Documents’ tab or provided to the Customer in a different way.
- The Customer undertakes to prepare the materials necessary to perform the Order in accordance with the specification set out in the document referred to in paragraph 10 above and undertakes to deliver these materials to the address indicated in this document or in another manner agreed with MONOTYPE PRESSING on the date declared by the Customer in the Order.
- If the materials referred to in paragraph 11 above are incomplete or do not meet the requirements, the pressing process is suspended until correct materials are received.
- Acceptance of the terms of the Order and payment for this Order is tantamount to the beginning of the pressing process.
- The Customer’s acceptance of the print preview sent to the e-mail address agreed with the Customer and their acceptance of the test pressing of a vinyl record is equivalent with the consent of the Customer to make the Product.
- In the event of issues regarding the technical quality of the test pressing or a test print, the Parties shall agree on the discrepancies and new materials will be accepted within the agreed new period of no more than 21 Business Days. If the Customer does not accept the materials within the agreed deadline, this is tantamount to termination of the Order. However, in such a situation MONOTYPE PRESSING retains the right to remuneration for the works carried out so far covered by the Order.
- MONOTYPE PRESSING reserves the right to change the deadline for carrying out the Order if it is not able to complete it for reasons beyond its control, in particular in the event of the Customer providing incorrectly prepared materials referred to in paragraph 11 above.
- MONOTYPE PRESSING has the right to change the number of pieces ordered, but these changes may not exceed 5% of the ordered quantity of goods.
- The Customer agrees to leave 5 (in words: five) copies of the Products at the sole disposal of MONOTYPE PRESSING (excluding the right to sell them).
- In the case of an Order that includes making decorations on goods other than phonographic materials, i.e. on goods other than vinyl records, CDs or cassettes, elements required for such decorations, such as company logos, content of printing or embroidery should be provided by the Customer by e-mail or on another electronic medium with a detailed description of the size of the pattern and colors. If the project is inconsistent with the MONOTYPE PRESSING specification provided on the Website then its change, adaptation or other modification will involve additional fees in accordance with the applicable price list.
- In the event that the customer orders decoration or printing on their own (entrusted) goods, MONOTYPE PRESSING shall not be responsible for inspecting the quality of the goods.
- The visualization of the design on promotional products prepared by MONOTYPE PRESSING is purely illustrative and does not serve to accurately reproduce the print’s color and location. Due to the specificity of printing on textiles, pantone shades may differ from those indicated in the preview.
- MONOTYPE PRESSING is not responsible for temporary shortages of goods at their supplier.
- MONOTYPE PRESSING has the right to change the number of items ordered in individual sizes (e.g. shirts or sweatshirts). These changes may not, however, exceed 5% of the ordered quantity of goods.
- The above rules regarding differences in the color of the print also apply to labels printed on discs and printed materials that come along with the disc, such as the cover.
COPYRIGHT, VIOLATION OF THIRD PARTY RIGHTS
- The Customer ensures MONOTYPE PRESSING that the conclusion of the Order does not violate the rights of third parties, which means that the Customer has proprietary copyrights or licenses regarding materials sent to MONOTYPE PRESSING that are required by law in the specific fields of use that enable the performance of a Product or Service. In addition, the Customer ensures MONOTYPE PRESSING that they have concluded relevant agreements with organizations operating in the field of protection of rights on intangible goods.
- In the event of claims or allegations against MONOTYPE PRESSING regarding infringement of third party rights that are covered by the assurance referred to in paragraph 1 of this document, the Customer shall take at their own expense all means of defense of MONOTYPE PRESSING against such claims or allegations and will cause MONOTYPE PRESSING to be relieved from them. The Customer will then also cover all costs and losses incurred by MONOTYPE PRESSING in connection with third party claims.
- In addition, if, in connection with any MONOTYPE PRESSING Orders, an organization operating in the field of protection of intangible rights will notify MONOTYPE PRESSING that the Customer infringes the rights of third parties, then MONOTYPE PRESSING may suspend its obligation to produce and provide the Customer with Products covered by such third party claims and will not be responsible for such act or omission.
LIABILITY AND COMPLAINT PROCEDURE
- MONOTYPE PRESSING is obliged to provide ordered Products or Services without defects.
- The Customer is responsible for inspecting the Products supplied to him by MONOTYPE PRESSING, in particular the Customer is obliged to check the quantity and quality of the Products ordered.
- Complaints regarding apparent defects of the delivered Products will be reported by the Customer to MONOTYPE PRESSING using the form (sent by registered mail or electronically, with the Customer’s signature), within 3 days from the date of receipt of the Products and before any of the Products delivered to the Customer were used.
- All reservations regarding apparent defects occuring during delivery of the Products must be described on the waybill (or a “discrepancy (damage) report” can be made). In the absence of such annotation, all complaints in this respect will not be considered and accepted.
- Complaints regarding hidden defects will be reported to MONOTYPE PRESSING by registered mail or electronically with the Customer’s signature within 3 days from the day the defect is found, but not later than within 30 days from the date of delivery.
- In the event of reports regarding the malfunction of Products, in particular phonographic materials such as vinyl records, CDs, or others, MONOTYPE PRESSING will analyze the defective Products (after having been delivered to MONOTYPE PRESSING). In the event of a dispute, technical inspection of these defective Products will be carried out at the headquarters of MONOTYPE PRESSING in the presence of representatives of both parties.
- In the event that deviations from the technical specification are found and recognized by MONOTYPE PRESSING, the complaint will be accepted provided that the replicas/copies referred are free from visible mechanical defects.
- The Customer has no right to lodge complaints about Products in such part or to the extent of the previously accepted quality standards presented to them, e.g. in the form of Product specifications or proofs, or visualizations (e.g. of prints on discs or printed materials) or in the event that they had accepted a test pressing.
- The Customer acknowledges that they are aware that the test pressings are products that only serve as means to assess sound quality and therefore cannot be a subject of complaint proceedings.
- If the Customer submits a complaint, they will not be released in any way from the obligation to pay remuneration for the Products in question.
- In the event that the complaint is deemed justified by MONOTYPE PRESSING, the Customer will receive Products free of defects in accordance with the Order placed or receive a price discount, however, not exceeding 20% of the value of the Order.
- The Customer will keep products affected by defects at the disposal of MONOTYPE PRESSING until the decision on the complaint has been made. The Customer will provide MONOTYPE PRESSING with a detailed written description of the products affected by the defects and/or submitted for inspection.
- In the event that the quantity of Products affected by the defects does not exceed. 3% in case of an Order for 300 to 5,000 items or 5% in the issue of Order for more than 5,000 items, the Customer will not be entitled to submit a complaint.
- In a situation where the Products delivered to the Customer by MONOTYPE PRESSING had already been forwarded further by the Customer, or if they are changed or separated or are no longer in the possession of the Customer, any claims of the Customer in this respect will not be considered.
- MONOTYPE PRESSING does not guarantee and will under no circumstances be obliged to provide a guarantee that the delivered Products will be useful for the purpose for which the Customer intends to use them.
- The responsibility of MONOTYPE PRESSING for costs or damages incurred by the Customer caused by MONOTYPE PRESSING will in any case be limited to an amount equal to the net remuneration indicated on the invoice.
- Under no circumstances shall MONOTYPE PRESSING be liable for any indirect damages, lost profits or damages caused by the Products.
SHIPPING OF THE PRODUCTS
- The Products ordered will be sent by MONOTYPE PRESSING immediately, no later than within 21 Business Days from the date of confirmation of the Order and on condition that the Customer makes the payment for the Order and shipping agreed with MONOTYPE PRESSING.
- MONOTYPE PRESSING carries out deliveries of Products with the help of cooperating courier companies.
- The Customer undertakes to collect Products on time.
- Products will be delivered at the customer’s expense and such a delivery will be carried out taking into account the appropriate method of shipment.
- The delay in the delivery of Products exceeding 21 Business Days may me a basis for a claim for damages from MONOTYPE PRESSING or termination of the contract at the expense of MONOTYPE PRESSING only in case of willful misconduct or gross negligence of MONOTYPE PRESSING.
- The risk of loss or damage of Products shall pass to the Customer upon reception of the products by the courier company. The obligation to insure Products for the time of transport rests with the Customer.
- If the Customer unjustifiably refuses to collect the Products, such an act is tantamount to the correct delivery of the Products to the Customer.
- If the Products are not collected by the Customer by the agreed delivery date, MONOTYPE PRESSING shall be entitled to charge the Customer with transport costs.
- In the event that the 60-day deadline for collection of the Products expires and these Products are not collected by the Customer, MONOTYPE PRESSING shall have the right to destroy such Products at the expense and risk of the Customer and the Customer shall not be entitled to any claims in this respect.
- The administrator of personal data within the meaning of the provisions on the protection of personal data is Jakub Mikołajczyk, conducting business activity under the name „MonotypeRec Jakub Mikołajczyk, Al. Reymonta 19/43, 01-840 Warsaw”
- MONOTYPE PRESSING reserves the right to disclose selected information about the Customer to the competent authorities or third parties who submit a request for such information, based on an appropriate legal basis and in accordance with applicable law. Apart from the cases indicated in the previous sentence, information about the Customer will not be disclosed to any third party without the consent of the Customer.
- Customer data, including personal data, will be stored for no longer than necessary to exercise the rights arising from the fact of placing the Order, and then will be deleted from the MONOTYPE RPRESSING IT systems.
- Providing personal data by the Customer when placing an Order is voluntary. Failure to provide personal data required in the Order form renders the submission of the Order impossible.
- The Customer has the right to access their personal data, the right to correct them, supplement them and the right to request the cessation of data processing and the removal of the data, turning to MONOTYPE PRESSING for this purpose. In the event of deletion of data that condition the use of the Website and enable the submission of Orders, the Customer loses the possibility to use the Website and in particular loses the right to place Orders.
- Personal data of Customers who are natural persons are processed by MONOTYPE PRESSING in order to perform the obligations described in the Regulations.
- In order to enable online payments for the Order, MONOTYPE PRESSING may transfer the Customer’s personal data in terms of name, address, e-mail address and telephone number to:
- PSP Polska sp. z o.o., with its registered office in Poznań at ul. Kanclerska 15, 60-327 Poznań;
- Elavon Financial Services Designated Activity Company (Spółka z Ograniczoną Odpowiedzialnością o Wyznaczonym Przedmiocie Działalności), its Polish branch with headquarters in Warsaw, ul. Puławska 17, 02-515 Warsaw;
- with its registered office in Poznań at ul. Kanclerska 15, 60-327 Poznań.
WITHDRAWAL FROM THE ORDER
- After the end of production, the Customer may not cancel the Order, in particular they don’t have a right to submit a withdrawal statement or cancel it by termination and/or may not unjustifiably refuse to accept Products.
- MONOTYPE PRESSING reserves the right to change the Regulations at any time without providing a reason. If the Regulations are amended, the changes will be announced by placing them on the MONOTYPE PRESSING Website.
- The law applicable to dispute settlement is the law of the Republic of Poland. In matters not covered in the Regulations, the provisions of the Polish Civil Code, the Act on providing services by Electronic Means (Ustawa o świadczeniu usług drogą elektroniczną), Act on Copyright and Related Rights (Ustawa o prawie autorskim i prawach pokrewnych), and the provisions on the protection of personal data shall apply in particular.
- All disputes arising between MONOTYPE PRESSING and the Customer shall be submitted to a common court with jurisdiction over the location of the headquarters MONOTYPE PRESSING
- The Regulations shall enter into force on the 1st of December, 2019.