Terms of service

Service

  1. Green Capital Ltd, a company duly incorporated under the laws of St. Vincent and the Grenadines, registered as an International Business Company with registration number 21665 IBC 2013 (“we”, „Service Provider”) undertakes to provide, against remuneration, to you („you”, „Client”) the service consisting in graphic design, planning, and/or other like adjustment of graphic art („Service”, „Graphics”, respectively) furnished by the Client.
  2. The Service will be rendered via the Platform provided by Pixers Ltd (“Platform”, “Pixers”, respectively) and subject to compliance of both the Service Provider and You (collectively, „Parties”) with the General Terms of Conditions of Pixers (“Terms”). The Parties represent they have read, understood and commit to adhere to the same. These rules and regulations („Rules of Service”) will govern the relations between the Parties as regards the Service, and must be read in conjunction and compatibly with the Terms.
  3. The subject matter of the Service is digital content (“Service Products”) meaning data produced and supplied in digital form. Performance of the Service involves, is dependent upon, and may not take place otherwise than by prior, effective and non-defective submission of Graphics by the Client.

Order

  1. To order the Service You must use the interactive form hosted by PIXERS at the Platform (“Order Form”). By filing proper fields in the Order Form you may configure the Service within the options available, be informed of the remuneration and other data concerning the Service as configured (“Order”), and place the Order with the Service Provider. Placing the Order implies an obligation to pay and when such obligation is acknowledged by activating the button or similar function labeled correspondingly, and the Order is effectively placed, such Order is binding upon the Client.
  2. Before you are bound by a contract for the Service (“Contract”) we will serve you with the information identifying, defining, or otherwise communicating the Service Provider, characteristics of the Service, remuneration (as a rule, total price of services inclusive of taxes), right of withdrawal, if applicable, duration of the Contract, and other such rights and obligations as are mandatory under the applicable law. The information will be provided on a durable medium for you to be able to store it in a way accessible for future reference for a period of time adequate for purposes of the information and to allow the unchanged reproduction of the information stored; or, to put it plainly, the info will be provided at your email address indicated in the Order Form in a PDF file before you press the “Pay for the Order”.
  3. The Service will be provided to you 14 days of placing the Order, unless you have explicitly demanded that it be provided at a different time. The Client, if accorded the status and rights of a consumer by EU law (consumer, under Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, is defined to mean any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession), may demand the Service be provided before the term for withdrawal lapses upon explicit recognition of its waiver of the right of withdrawal.

Licence

  1. The Client represents and warrants that the Graphics are so licensed that placing the Order, performing the Service, and using the Service Products do not infringe any third party rights. Furthermore, the Client will hold the Service Provider, its directors, employees, and agents, harmless from and will indemnify it against any and all claims pursued by any third party concerning infringement of intellectual, copyright, and other rights.
  2. The Service Provider represents and warrants that it will not use the Graphics otherwise than exclusively for proper execution of its obligations assumed under the Contract. Furthermore, the Service Provider will hold the Client harmless from and will indemnify it against any and all claims pursued by any third party alleging use of Graphics beyond the scope as authorized in the preceding sentence.
  3. The Service Provider undertakes to exercise professional diligence and due care in performance of the Contract. The Client will remunerate the Service Provider for the Service as agreed to in the Contract using such means and methods as dictated by the Terms. The Parties will not abuse trust and goodwill of Pixers and other providers involved in the Platform. Neither suspension nor termination of relations with Pixers may constitute grounds for default in performing the Parties’ obligations under the Contract or their respective obligations toward Pixers unless such performance thus becomes impossible.

Free samples

  1. You will receive from the Service Provider, free printed samples of the ordered Service Products, at and as per your election made in the Order Form (“Free Samples”, ”Printout”). The standard mode and manner of delivery, cost of packaging, and other material data, such as without limitation non-standard terms and corresponding additional fees and charges, will be provided to you accordingly, promptly, and effectively. Personal collection of the Free Samples is not possible.
  2. The packaging in which Free Samples are delivered is non-refundable and the Client must remove it at its own expense.
  3. Where the Free Samples are non-compliant with the Order due to reasons obviously attributable to the Service Provider, you grant the Service Provider a grace period of extra 2 weeks for delivery of compliant Free Samples. Otherwise, the Free Samples may not be subject to any complaint. In the event of discovering any hidden defects in the Free Samples, please immediately notify the Service Provider.

Complaints, right of withdrawal, termination

  1. Where the Service Products are materially non-compliant with the Contract may file a complaint within 365 days of delivery of the same (i) using the return material form available at: pixers.cz, and (ii) sending the allegedly non-compliant Service Products at the following address: ul. Staromłyńska 4, 50-266 Wrocław, Polska. For the avoidance of doubt, the complaint will not be successful if the differences between the Service Products as ordered and delivered are insignificant. For example, if you try to print Service Products on canvas, poster, mural and pictures, be advised there may be slight differences in colors between the model and actual printout, as well as like deviations resulting from different format, paper quality, material and used surface.
  2. The Client may withdraw from the Contract without giving any reason within 365 days of delivery of the Service Product. This right of withdrawal may be extended for up to 3 years against payment of the additional fee as defined in the Order Form. In order to exercise this right of withdrawal, you must return the Service Products together with Free Samples, if any, at your risk and expense, in a non-deteriorated condition and without any traces of use to the Service Provider at the following address: ul. Staromłyńska 4, 50-266 Wrocław, Polska. For the avoidance of doubt, the Service Products, if reproduced, distributed, or made public, must be destroyed or otherwise permanently removed. This right of withdrawal is without prejudice to the statutory right of withdrawal available to the consumers defined and protected by EU legislation – the terms for exercise of the same (a so-called, “Model Instruction on Withdrawal”) and a handy form (a so-called, “Model Withdrawal Form”) are appended to these Rules of Service (see: Appendix no. 1).

Personal data, applicable laws

  1. The Client’s personal data entered in the Order Form or otherwise provided in connection with the Order, Contract, or Service in general (“Personal Data”) will be processed for the sole purpose of facilitating the Order, executing the Contract, and performing the Service, and for any other purpose warranted under the applicable law such as without limitation (i) claiming, pursuing and enforcing outstanding payments or (ii) marketing the Service Providers own services. The Client accepts and acknowledges that the processing of their Personal Data as regards: name, geographical and email address, phone number, and other will be entrusted to Pixers; nonetheless, the level of protection accorded to any such processing will not be smaller than the one provided for by EU law (currently, in particular, Directive 95/46/EU of the European Parliament and of the Council of October 24, 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data).
  2. Unless mandatory rules of applicable laws provide otherwise, the organization of the Service Provider, provision of Services, and other issues covered by these Rules of Service will be governed by the laws obtaining in St. Vincent and the Grenadines, to the exclusion of its conflict of laws rules. Likewise, any and all disputes concerning the Services will be resolved by the courts having jurisdiction over the Service Provider’s registered office.
  3. The Service Provider reserves the right to change theses Rules of Service and to post them on the Platform. The changed Rules of Service will apply to any binding Orders and related Contracts submitted or executed upon proper posting of the same.

Attachments

Information concerning the exercise of the right of withdrawal (Annex 1 to Directive 2011/83/EU).

To Green Capital LTD
P.O. Box 1825
Cedar Hill Crest, Villa,
St. Vincent and the Grenadines
International Business Company Number 21665 IBC 2013

I hereby give notice, that I withdraw from my contract for the provision of the following service(s):
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Ordered on:
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Name of customer:
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Address of customer:
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Signature of customer:
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Date:
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