Terms and Conditions for Framky website

§ 1 Definitions

Administrator – Framky sp. z o. o. with its registered office in Warsaw (04-796), 29 Heliotropów Street, entered in the register of entrepreneurs under KRS No. 0000899512, NIP: 5213928409, REGON: 38893179800000, amount of share capital: PLN 5,000,
Framky or Website – a service located on the website framky.com and related websites, i.e. studio.framky.com, enabling the ordering of Framky Galleries and Free Templates.
Account – a profile enabling storage of bought or downloaded compositions in the Website, created for the User in the registration process.
User – a person who is using Framky in order to buy Framky Gallery or download free photo galleries templates.
Framky Gallery – is a set consisting of: a gallery layout, User photo printing service, framing User photos, printed, natural scale gallery template and self-adhesive hangers. On Framky User can buy the whole set or its parts. For the purposes of this document, we will use the expression Framky Gallery regardless of the content of the order. Photo printing service for Framky Gallery differs from Free Templates – photos are attached to a hard backing.
Free Template – on Framky User can download free gallery templates in PDF files. In addition to them User can buy photo printing service, printed, natural scale template and self-adhesive hangers. For the purposes of this document, we will use the expression Free Templates regardless of the content of the order. These templates differ from Framky Gallery – they are designed for frames of different sizes. Photo printing service for Free Templates does not include attaching photos to a hard backing.

§2 General provisions

The administrator runs Framky which offers Framky Galleries and Free Templates for sale and download purposes.
These document sets out the terms and conditions for the operation, use and purchase of the Website. The provisions of the Rules and Regulations are binding for all Users of the Website, so it is necessary to read them in detail before using the Website. If the User does not accept any of the provisions contained in these Terms and Conditions, he/she is obliged to stop using the Website immediately.
The Administrator shall not be held liable for situations such as: selling out of photo frames, errors in photographs, misspellings on the website, e.g. errors in product description or technical specifications, inaccurate price and price changes (e.g. in the event of changes in suppliers’ prices, currency exchange rates) or incorrect information regarding the stock of a given product. The Administrator has the right to correct such errors and edit or update the information at any time. If an incorrect price is given next to a product ordered by the User, the Administrator will inform the User about it. To carry out the order, the Administrator will wait for the User’s acceptance of the changed price.
All pictures of galleries and products presented on the website should be regarded as visualisations only. Such visualisations do not guarantee an accurate representation of the appearance, origin or function of the product.
The Website and its content are the property of the Administrator or companies licensed by the Administrator. The information is protected by copyright and marketing laws. This means that designs, trademarks, product names, company names, layouts and information about services, products and other content may not be copied or used without prior written permission from the Administrator.

§ 3 Terms of use and intellectual property

In terms of respecting the copyrights of the materials submitted for the execution of an order, the Administrator relies solely on the User’s declaration that he is the author of the material and that he holds the personal and proprietary copyrights to the work, or on the User’s declaration that if he is not the author of the material he holds the licence to the material as a work and the consent of the author of the material to its anonymous distribution, and that the User does not infringe any personal copyrights of the author of the material in the work. The User may be held fully liable for any infringement of the rights of third parties to their personal rights or proprietary or personal copyrights of third parties by means of the materials provided to carry out the order. In the event that any third party asserts claims against the Administrator on account of infringement of its rights by materials provided by the User for the purpose of order execution, the User shall be obliged to indemnify the Administrator against any liabilities on that account or to cover any losses or expenses incurred by the Administrator on that account. The Administrator is also not obliged to verify the source information of files sent by the User and to identify the persons whose data is included in the source information of the files (for the purpose of examining the authorship of the file). Responsibility in this respect also rests with the User.
The Administrator reserves the right to place on the Website advertising content concerning the Services offered, as well as goods and services of third parties, in the forms and manners used on the Internet.
Users acknowledge and accept that photos are stored by Administrator to enable the provision of services. All files (photos) sent by User will remain in the Administrator’s system until the User decides otherwise.
The Administrator grants the Users permission to access and use Framky exclusively under the terms of these Terms and Conditions. The User agrees:
- not to place on the Website photographs for which he/she does not hold the copyright,
- not to use the Website in any manner contrary to the law,
- not to use the Website for purposes other than those provided for in the Terms of Use.

§ 4 Account

When registering for a user account and/or placing an order, the User will be asked to provide personal information. The User confirms that the information provided is correct and complete and that he/she is responsible for any errors in it. Information on the Administrator’s processing of personal data is set out in the Administrator’s privacy policy which forms an integral part of these Terms and Conditions.
If the Administrator has a justified suspicion that an Account has been taken over by an unauthorised person, that there has been a breach of the security of the Website or that there has been a breach of the Terms of Use, the Administrator reserves the right to block or suspend the Account until clarification is provided.
Violation of the Terms of Use may result in the temporary or permanent blocking of the User Account.

§ 5 Ordering Framky Gallery

The selection of a layout for photo gallery frames is possible on framky.com. After selecting an interesting layout,the User can select wether he/she wants to include any add-ons in the order according to Framky Gallery product descirption. The User places an order.
Once the order of Framky Gallery has been placed, the user receives a link to upload the photos into the specified frames. The link is indefinite (there are no restrictions on when the photos can be uploaded). Once the frames have been filled with photos and the user has confirmed this, the order processing begins.
The Administrator will produce the ordered composition within 10 working days and send it to the address stated in the order. The Administrator reserves the right to extend the production time and undertakes to inform the User when such a situation occurs.
The purchase agreement is concluded when the Administrator confirms the User’s order and the User receives an order confirmation from Framky by e-mail. The Administrator instructs the User to save the order confirmation for use in the event of subsequent communication regarding this order with the Administrator.

§ 6 Special offers

The Administrator may present special offers on the Website that include other terms and conditions than those presented in these Terms of Use, for instance with regard to payment. Such conditions shall apply for the duration of the special offer and shall relate to the products specified by the Administrator in the offer. The Administrator reserves the right to withdraw such special offers at any time. once a special offer is ended or withdrawn, the provisions of these Terms and Conditions shall remain in force without changes. Any offers for specific products on the website shall be valid for a limited period of time or until stocks are exhausted.

§ 7 Personal data protection

The personal data of Users is processed by the Administrator.
Providing true personal data by the User at the stage of registration is voluntary, however it is necessary to set up an Account and use the Website.
Detailed rules for the processing of Users’ personal data are set out in the Privacy Policy.

§ 8 Duties and responsibilities of the Administrator

The Administrator undertakes to run the Website with due diligence, with care for undisturbed functioning for the Users.
The Administrator stipulates that he does not guarantee that the Website will be free of any defects, and interruptions in functioning may occur, caused, among others, by maintenance, updating or removal of failures. The Administrator shall not be held liable for any disruptions in the functioning of the Website.
The Administrator is not responsible for the security of the data and equipment of the Users using the Website. Users are obliged to provide anti-virus software on their own and at their own expense.
The Administrator provides technical support concerning functioning of the Website. Users may ask questions and make comments at: hello@framky.com
To the fullest extent permitted by law, the Administrator shall not be liable for:
1. errors, defects or inaccuracies in the Materials and content published on the Website,
2. any damage to property and person caused by access to or use of the Website,
3. any unauthorized access by third parties to Framky.pl servers or unauthorized use of data stored on Framky.pl servers,
4. any interruption or disruption in the operation of the Website,
5. any virus software, trojans etc., which may be distributed by third parties through the Website.
The maximum total liability of the Administrator towards the User may under no circumstances exceed the sum of the orders for which the Administrator is liable in accordance with the Regulations or generally applicable law.

§ 9 Complaints

In accordance with current consumer protection legislation, the right to make a complaint applies to defective products. A user who wishes to exercise his/her right to make a complaint in respect of any ordered product should contact the Administrator as soon as possible after discovering a product defect at: hello@framky.com.
The Administrator will cover the cost of return shipment of the product in the situation when the complaint is accepted.
All complaints containing reservations, suggestions or information about problems with the functioning of the Website will be considered within 30 working days from the moment of providing all the information necessary to consider the complaint.
When the advertised product is returned and the complaint is accepted, the Administrator will refund the User in accordance with the applicable consumer protection legislation. The Administrator endeavours to do this within 30 days of receiving the complaint, but this time may change depending on the nature of the product. The Administrator reserves the right to reject a complaint if it turns out that the product has no defects in accordance with the applicable consumer protection legislation . With regard to complaints, the Administrator shall act in accordance with the guidelines of the National Consumer Protection Authority or equivalent authorities in other countries.

§ 10 Returns

When making a purchase of products on the Website, the User has the right to cancel the purchase by notifying the Administrator within 100 days (the withdrawal period) from the receipt of the ordered products by the User or the User’s representative. Returned products must be sent back in the same condition in which they were delivered to the User. If the returned product bears traces of use, the Administrator has the right to reduce the value of the return.
When exercising the right of withdrawal, the User is obliged to pay the return shipping fee. The User is responsible for the condition of the product upon receipt and during the return process. The product should be sent back within 14 days from the date of notifying the Administrator about the withdrawal from the contract to the address ul. Heliotropów 29/D3, 04-796 Warsaw. The product must be in good condition and securely packed.
Depending on the destination, the User may be charged with additional fees related to the receipt of the parcel such as VAT/local taxes, customs duties, etc. The User is responsible for the aforementioned fees. The aforementioned charges are the sole responsibility of the User, even in the case of forced return of the parcel, i.e. before it has been delivered to the User. For further information, please contact us at hello@framky.com.

§ 11 Force majeure

The Administrator is not responsible for delays resulting from circumstances beyond its control, for example, those resulting from acts of war, labour dispute, lightning strike, fire, terrorist attack, technical problems, change of government orders, defects in power supply, telecommunications, computer or other types of communication, delays or defects in the provision of services by subcontractors due to the aforementioned circumstances. The stated circumstances exempt the User from the payment of damages or other measures. at the time of the occurrence of a similar situation, as well as after its cessation, the Administrator will inform the User. If such a situation persists for more than two months, both the User and the Administrator have the right to terminate the purchase agreement with immediate effect.

§ 12 Amendments to the Rules of Procedure

The Administrator reserves the right to amend these Terms of Use at any time. The User will be notified of changes to the Terms and Conditions through the contact e-mail address provided on the Website. The changes shall come into force upon acceptance of the Terms and Conditions by the User (in relation to a new purchase or while browsing the Website) or 30 days after the Administrator informs the User about the changes. However, the Administrator recommends that the User regularly checks the Website or his/her mailbox to be aware of any changes to the Terms and Conditions.

§ 13 Final provisions

All services provided by the Administrator within Framky are subject to Polish law.
The Rules and Regulations may be amended by the Administrator. The Rules and Regulations are amended by publishing the amended content of the Rules and Regulations on the Website.
These Regulations are effective as of 29 September 2022.