Terms and Conditions of the Online Store AmCreate
§ 1
Preliminary Provisions
- The AmCreate Online Store (hereinafter referred to as the “Online Store”) is operated by Aleksandra Wysocka-Opryj and Dawid Palasz, conducting business activity as a civil partnership under the name D.PALASZ, A.WYSOCKA – OPRYJ SPÓŁKA CYWILNA, NIP: 6492329038, REGON: 525240315.
- The platform through which the Online Store is operated is available at: www.amcreate.net.
- These Terms and Conditions define the rules of using the Online Store and the principles and procedures for concluding:
a) license agreements for graphics offered through the Online Store;
b) agreements for the transfer of proprietary copyrights to graphics offered through the Online Store;
remotely via the Online Store – both by Consumers and Entrepreneurs
§ 2
Definitions
- Creators – Aleksandra Wysocka-Opryj and Dawid Palasz operating a business in the form of a civil partnership under the name D.PALASZ, A.WYSOCKA – OPRYJ SPÓŁKA CYWILNA, NIP: 6492329038, REGON: 525240315.
- Client – any entity placing orders via the Online Store.
- Consumer – a natural person concluding an agreement with the Creators within the framework of the Online Store, where the subject matter is not directly related to their business or professional activity.
- Entrepreneur – a natural person, legal person or organizational unit without legal personality, granted legal capacity under separate laws, conducting business activity on their own behalf, who concludes an agreement with the Creators via the Online Store.
- Online Store – the online store operated by the Creators.
- Terms and Conditions – these terms and conditions of the Online Store.
- Order – a declaration of will by the Client aimed at concluding an Agreement with the Creators.
- Work – a GRAPHIC TEMPLATE offered in the Online Store or a CUSTOM GRAPHIC created based on the Client’s specifications in connection with a submitted Order.
- Agreement – an agreement concluded between the Client and the Creators under which the Client, in accordance with the principles outlined in the Terms and Conditions, places an Order for one of the Works offered in the Online Store, makes payment (and fulfills any additional obligations described herein), and the Creators deliver the Work under the terms outlined in the Terms and Conditions.
- Account – the Client’s account in the Online Store, where the Client’s provided data and order history are stored.
- Cart – a component of the Online Store software in which the Client’s selected Products are visible and where Order data, especially product quantities, can be modified.
§ 3
Types of Services Offered in the Online Store
- Through the Online Store, the following services are available:
a) GRAPHIC TEMPLATE – a service involving the provision of a template that the Client can edit independently using Canva Pro, together with a license to adapt the Work and to use the resulting derivative works in the following fields of exploitation:- fixation of the derivative work in any form;
- publication of the derivative work online for the purpose of promoting the Client’s products;
- display of the derivative work in public for the purpose of promoting the Client’s products.
- b) CUSTOM GRAPHIC – a service involving the preparation of a graphic based on a template available in the Online Store and according to the Client’s instructions regarding:
- images to be included;
- text content;
- font selection;
including the right to two rounds of revisions as described in §7, along with a license to use the Work in the following fields of exploitation: - fixation of the Work in any form;
- publication of the Work online for the purpose of promoting the Client’s products;
- display of the Work in public for the purpose of promoting the Client’s products.
- The Creators declare that they hold all necessary proprietary copyright rights to the Works offered.
- The Works are offered at the price indicated in the Online Store in direct proximity to the published visualization of the given Work. The Price – the gross remuneration amount (including tax) due to the sellers, specified in US dollars or another currency.
§ 4
Account in the Online Store
- To fully access the services offered by the Online Store, the Client must create an Account on the platform where the Store is operated.
- An Account can be created at: https://amcreate.net/my-account/.
- Registration and Account creation in the Online Store are free of charge.
- Registration involves providing the following data:
a) First and last name;
b) Residential address;
c) Email address;
d) Phone number;
and creating a unique login and password for future access. - The Client may delete their Account at any time, without providing a reason and without incurring any fees, by submitting a request to the Creators via the contact information provided in these Terms and Conditions or by using the dedicated Account page.
§ 5
Placing an Order in the Online Store
- Standard Order process in the Online Store:
a) Log into the Account;
b) Select the service and click “Add to cart”;
c) Click “Place order and pay”;
d) Choose a payment method;
e) Complete payment within 7 business days. - Alternatively, without creating an Account:
a) Select the service and click “Add to cart”;
b) Provide the data listed in §4(4);
c) Click “Place order and pay”;
d) Choose a payment method;
e) Complete payment within 7 business days. - For CUSTOM GRAPHICS, the Client must also submit the following after placing an Order:
a) Images to be used in the graphic;
b) Text to appear in the graphic;
c) Font preferences,
or alternatively request copywriting services, providing preferences and product information for the intended graphic. - Submitted images and text content will be stored by the Creators for 10 days after the second revision (see §7(1)) or after the revision deadline (see §7(2)(a)) if no revisions are requested.
- The Client represents that they hold the necessary copyrights to the submitted materials and authorizes the Creators to use them. If a third party raises any claims against the Creators due to these materials, the Client shall assume full liability and indemnify the Creators.
§ 6
Performance of the Agreement
- The Agreement is concluded once the Client places an Order as described in §5.
- Upon placing the Order, the Creators will confirm its receipt and acceptance by email. The Agreement is deemed concluded upon the Client’s receipt of this email. If delivery of this email fails (e.g., due to inbox issues), the Agreement is considered concluded once the Creators commence performance, and they will attempt to contact the Client by phone.
- For GRAPHIC TEMPLATE services – within 1 business day of payment receipt, the Client will receive a link to the Canva template by email. Canva Pro subscription is required.
- For CUSTOM GRAPHICS – within 5 business days of payment receipt, the Client will receive a download link to the graphic (.png format) stored in the cloud. The link will be active for 14 days after the second revision (see §7(1)) or the revision deadline (see §7(2)(a)) if no revisions are requested.
- The Creators are not responsible for whether the Work complies with publishing requirements of e-commerce platforms (e.g., Amazon). It is the Client’s responsibility to ensure compliance.
§ 7
Revisions
- Clients ordering CUSTOM GRAPHICS are entitled to two rounds of revisions.
- Each round proceeds as follows:
a) Within 3 business days of receiving the Work, the Client may submit feedback and specific requests for changes via the same email address used to send the Work;
b) Within 7 business days of receiving the feedback, the Creators will deliver the revised Work. - After the two included rounds, any additional changes must be individually negotiated, and the initial Agreement will be deemed fulfilled.
§ 8
Exclusion of the Right of Withdrawal and Consumer Information
- The Consumer ordering a GRAPHIC TEMPLATE consents to immediate performance of the Agreement and acknowledges that the right of withdrawal is waived once the Order is fulfilled.
- The Consumer ordering a CUSTOM GRAPHIC acknowledges that the service involves a personalized product, and therefore, the right of withdrawal does not apply.
- Consumers may pursue alternative dispute resolution methods, including:
a) Submitting a request to the permanent consumer arbitration court (as per the Polish Trade Inspection Act of 15 December 2000);
b) Requesting mediation through the Provincial Inspector of the Trade Inspection;
c) Seeking free legal advice from consumer rights organizations or municipal consumer advocates (e.g., Consumer Federation, Polish Consumer Association).
§ 9
Personal Data in the Online Store
- The Creators are the controllers of the Clients’ personal data collected through the Online Store.
- Details on data processing are available in the Privacy and Cookie Policy available at the “Privacy Policy” tab on the Online Store website.
§ 10
Final Provisions
- Agreements concluded via the Online Store are made in both Polish and English. In the event of any disputes arising from the performance of the Agreement, the Polish version shall prevail, and such disputes shall be resolved by the Polish courts having jurisdiction over the registered office of the Creators.
- The Creators reserve the right to amend these Terms and Conditions for valid reasons, such as: changes in legal regulations, changes in the services offered, changes in payment methods, or changes in the details of the business activity – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. The Creators will inform Clients of any such changes at least 7 days in advance.
- In matters not regulated by these Terms and Conditions, as well as in cases of interpretative disputes concerning the Terms and Conditions, the generally applicable provisions of Polish law shall apply.
Governing Law
This Privacy Policy has been prepared in accordance with the laws of the Republic of Poland, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). The original Polish-language version, which prevails in case of discrepancies, is available at: [link].