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Terms of the “MójZNACZEK – special stamp” postage stamp preparation service for orders placed via the Online Store of Poczta Polska S.A.



Chapter I
General provisions

§ 1.
1. Poczta Polska S.A. offers to provide the “MójZNACZEK – special stamp” stamp preparation service (hereinafter referred to as the “MójZNACZEK” service or “MójZNACZEK”) to the customers in exchange for a fee. The service consists in imprinting the graphic design submitted by the customer on a blank postage stamp.
2.    The imprinted design of the postage stamp will be a postage stamp used to confirm payment for mail services provided by Poczta Polska S.A. that may be paid for with a postage stamp.
3.    These Terms for the “MójZNACZEK – special stamp” postage stamp preparation service for orders placed via the Online Store of Poczta Polska S.A., hereinafter referred to as the “Terms”, define the principles for providing the “MójZNACZEK” service and the principles of liability for the non-performance and undue performance of the service for orders placed at the Online Store of Poczta Polska S.A.
4.     Orders for the “MójZNACZEK” service may be placed:
1)    at post offices;
2)    via the Online Store of Poczta Polska S.A. operating at www.sklep.poczta-polska.pl;
3)    via the sales staff.

§ 2.
 The terms used in these Terms will have the following meaning:
1)    sheet of stamps – form of postage stamps – a sheet containing 9 blank postage stamps to be imprinted with the graphic design submitted by the customer;
2)    service price list – price list for the “MójZNACZEK” service – a collection of information about fees for the “MójZNACZEK” service;
3)    customer – the person ordering the “MójZNACZEK” service according to the Terms and Conditions of the Online Store of Poczta Polska S.A.;
4)    payment “in advance” – payment for the “MójZNACZEK” service before its commencement;
5)    graphic design – design of the imprint submitted by the customer, containing drawings, photographs, inscriptions or other contents (e.g. logotype, trademark). Graphic design will not be understood as only a background and graphics in the form of dots, crosses or bright microtext imitating the background of a blank postage stamp;
6)    “MójZNACZEK” blank postage stamp – unprinted perforated area being a part of the sheet of stamps, containing information about the amount of the fee for the postal service expressed in the form of Arabic numerals or letters of the Latin alphabet or by a reference to the weight and category of mail and information identifying the postal operator (inscription reading “Poczta Polska S.A.”), to be imprinted with the graphic design submitted by the customer;
7)    “MójZNACZEK” postage stamp – postage stamp other than a regular postage stamp that is used to confirm payment for a mail service provided by Poczta Polska S.A. created by imprinting a blank “MójZNACZEK” postage stamp with the graphic design submitted by the customer, conforming to the technical and legal requirements specified in these Terms and conforming to the generally applicable law and principles of community life.


Chapter II
Placement of orders

§ 3.
1. The smallest unit that can be ordered is 1 sheet containing 9 “MójZNACZEK” postage stamps.
2. Unprinted sheets of blank “MójZNACZEK” postage stamps or individual unprinted blank postage stamps are not available for sale and cannot be used to pay for domestic or international postal services.
3. When ordering the service, the customer may order one or more sheets of “MójZNACZEK” postage stamps.
4. The customer may order that Poczta Polska S.A. imprint 1 to 9 different graphic designs on the postage stamps in a single sheet of stamps; however, all sheets to be imprinted under a single order will be imprinted in the same manner.
5. If there are any questions regarding the order for the service, the order will be corrected in consultation with the customer. The final verification of the design will be performed by personnel of Poczta Polska S.A.
6. After the order is placed, the Online Store sends an automatically generated email to the customer with a summary of the order, indicating the number of ordered sheets, the payment method and the due amount.


Chapter III
Technical and legal requirements

§ 4.
1. The graphic design sent by the customer should be prepared in the form of a jpg or png file with a resolution of 200 DPI or higher. The sheet may contain from 1 to 9 different images. The sheet size is 215 x 155 mm. The size of the imprint on the postage stamp on the sheet is: 42.5 x 36 mm. The size of the full postage stamp is 54 x 41 mm. Images or inscriptions can be added on the top and bottom margins. The size of the top and bottom margin is 115 x 20 mm.
2.    The customer accepts the potential misalignment of print on the sheet.
3. If the graphic design does not meet the formal and legal requirements, the order will not be fulfilled.
4. If the graphic design contains text in a language other than Polish, the customer will have to submit a translation of such text with the design and indicate the language of the original text.
5. If the graphic design to be imprinted on the blank postage stamp is returned to the customer because it is found to be contrary to these Terms, the customer will be obliged to rectify the non-conformities within 7 calendar days of receiving the design. If the customer does not fulfil this obligation, Poczta Polska S.A. may withdraw from the service.

§ 5.
1. The contents of the graphic design submitted by the customer cannot breach the generally applicable law and principles of community life. In each submitted order, the customer will have to represent that the provided materials do not infringe on copyrights, moral rights, property rights, related rights or personal rights as well as the image right of third parties or any creative activity protected by the law. The customer also accepts the liability for the above-mentioned representation and agrees to cover any claims of the persons whose rights have been infringed on in accordance with the representation.
2. Poczta Polska S.A. reserves the right to refuse to perform the service if the contents of the submitted graphic design are not appropriate to be placed on a postage stamp, including, in particular, in the situations defined in paragraph 3.
3. In particular, the contents of the submitted graphic design cannot:
1)    be defamatory, misleading, offensive or obscene or be offensive to religious feelings or to social groups, ethnic groups or other groups;
2)    advertise alcohol, cigarettes, narcotics or other recreational substances;
3)    advertise services competitive to the services provided by Poczta Polska S.A. or advertise entities competing with Poczta Polska S.A.;
4)    be unsuitable for being imprinted on a postage stamp for any reasons other than those indicated in items 1, 2 and 3, particularly due to a violation of the generally applicable law and principles of community life, in particular regulations concerning copyright and protection of personal rights;
5)    contain legally protected trademarks.


Chapter IV
Service price and forms of payment

§ 6.
The fee for the “MójZNACZEK” service includes the performance of the service and the fee for the performance of the postal service corresponding to the fee specified on the stamp. Order fulfilment terms are published in the Online Store in the “Shipping and payment” section.


Chapter V
Order delivery

§ 7.
1. “MójZNACZEK” postage stamps delivered to the customer by Poczta Polska S.A. have to be free of defects.
2.    The expected service delivery period is as follows:
1)    for orders for an imprint of up to 10 sheets of stamps – 10 business days from the date following the date on which the payment due for the service is received;
2)    for orders for an imprint of 11 or more sheets of stamps – 15 business days from the date following the date on which the payment due for the service is received;
– in special situations concerning the order, the customer will be contacted via the Online Store.
3. If Poczta Polska S.A. refuses to accept the order, it will notify the customer about it (by email) and refund the payment in accordance with the customer’s instructions.
4. If the order cannot be delivered for reasons attributable to the customer, Poczta Polska S.A. reserves the right to set off the costs of refunding the payment against the customer’s payment for the service. The relevant costs will be determined based on the sum of the fees for the refund of the fee to the bank account. If the service delivery period is exceeded by Poczta Polska S.A., the customer may accept the proposed longer delivery period or withdraw from the contract and request a refund of the payment made. In order to withdraw from the contract, the customer has to send a suitable statement to the address of the Online Store. The costs of the refund of the payment are borne by Poczta Polska S.A.
5. Any completed “MójZNACZEK” postage stamps in the form of sheets will be sent to the address indicated by the customer in the order.

§ 8.
The fulfilment of the order will begin when the customer pays the fee due for the service. The date of payment will be the date on which the funds are credited to the bank account of Poczta Polska S.A.

§ 9.
1. When the customer collects “MójZNACZEK” postage stamps, they will become the customer’s property, and they will be suitable for use as confirmation of payment for any mail services provided by Poczta Polska S.A. that may be paid for with a postage stamp.
2. Any mail paid for using the “MójZNACZEK” postage stamp will be stamped by hand or machine.


Chapter VI
Liability of the customer

§ 10.
1. The customer is liable for the contents of the graphic design imprinted on the blank postage stamps if the contents violate the commonly applicable law or principles of community life.
2.    Poczta Polska S.A. may demand that the customer remedy the full amount of the damage suffered due to the issue or dissemination of “MójZNACZEK” postage stamps whose contents are contrary to the requirements defined in § 5.
3.    The customer will be liable for all claims of third parties relating to infringement on copyrights, trademark protection rights granted by the Patent Office of the Republic of Poland and Community protection rights granted for Community trademarks by the European Union Intellectual Property Office asserted with respect to graphic elements and contents of the imprint.
4.    If the issue or dissemination of the imprint made as part of the “MójZNACZEK” service in accordance with the customer’s graphic design infringes on the rights of third parties or constitutes an act of unfair competition to the detriment of third parties, the customer will – irrespective of the compensation liability towards Poczta Polska S.A. – accept full liability towards such third parties for the consequences of such breaches and will thus indemnify Poczta Polska S.A. against such third parties.
5.    If third parties assert claims against Poczta Polska S.A. for any breaches resulting from reasons attributable to the customer, the customer will replace Poczta Polska S.A. or join the proceedings on the side of Poczta Polska S.A., discharging Poczta Polska S.A. from all obligations and assuming such obligations instead, and pay any liabilities to third parties in full, under the penalty of being liable to Poczta Polska S.A. for the full amount of such liabilities.