Terms of service

These terms and conditions (“Terms and Conditions”) define the terms and conditions for the use of the desaigne.com platform (“Platform”) by persons visiting it (“User,” “you,” “you,” “your”).

The provider of electronic services rendered on the Platform is Desaigne Creative Services, registered at ul. Borkowska 5A/4, 30-438 Kraków, Poland, NIP: 8733194748, REGON: 540146620 (“we,” “us,” “our”).

Before you register an Account on the Platform or place an Order without creating an Account, you are obliged to become acquainted with the Platform Terms and Conditions as well as the Privacy Policy and to accept the terms and conditions prescribed by them. If you do not accept the abovementioned documents or do not agree with the additional terms prescribed in the Privacy Policy, you may not use the Platform and make purchases through it.

Other terms used in the Terms and Conditions have the following meanings:

Term	Definition
Account	a service provided by us by electronic means; an individually assigned, modifiable part of the Platform dedicated to the User
Agreement	an agreement concluded between us and the User, the subject matter of which covers the use of the Platform and the provision by us of the Services, as well as the granting of the Licence to use the Artworks
Artwork (Artwork)	a file that is digital content, i.e. data produced and delivered in digital form; Artworks to which access can be purchased via the Platform, made available on the terms prescribed in the Terms and Conditions and the Licensing Policy
Commercial Use Licence	a type of Licence available to the User, which entitles him/her to use an Artwork for commercial purposes other than further resale of the Artwork in any form
Content	information uploaded by you to the Platform using its functionalities, including through the Account
Licence	a License granted by us to you in the scope of using the Artworks, which is granted at the time you are granted access to an Artwork; the scope of the License is determined by your choices on the Platform and is described in the Terms and Conditions and in the Licensing Policy
Licensing Policy	a document published on the Platform, defining the scope of the Licence granted; the Licensing Policy specifies the provisions of the Terms and Conditions relating to Licences in more detail
Maintenance Break	a break in access to the Platform or its functionalities related to the necessity to carry out update, maintenance, or modernisation works that prevents or hinders the use of the Platform or its functionalities, including access to the Account
Newsletter	periodic e-mails sent to the Users containing information about the Service Provider, the Platform, and our commercial offer
Order	a declaration of User’s intent filed by means of the Platform functionalities, as a result of which, if the User pays the Price, the Licence to an Artwork is granted and the Artwork is made available to the User as prescribed in the Terms and Conditions
Payment Operator	an external entity through which it is possible to pay the Price, in each case, indicated within the Platform functionalities
Personal Use Licence	a type of Licence available to the User, which entitles him/her to use an Artwork only for his/her own private purposes, with the exclusion of any commercial purposes
Platform	our website through which we provide the Services, in particular, we sell Artworks
Price	the purchase price for the licence to a relevant Artwork, each time displayed within the Platform functionalities, as well as directly before the User places an Order
Services	all the services provided by us through the Platform, in particular, those enabling you to set up an Account, order Artworks, and make payments; some of the Services may constitute digital services or content within the meaning of the Act on consumer rights

PRELIMINARY PROVISIONS
1. The information presented on the Platform does not constitute an offer within the meaning of the Polish Civil Code but constitutes an invitation for the Users to place offers.
2. You are not allowed to provide any Content that is illegal content and use the Platform in a manner that hinders or prevents its proper operation.
3. Detailed rules on the use of the functionalities of the Platform and individual Services are stated on the Platform under relevant tabs and in the descriptions of respective Services.
4. We have designated an electronic point of contact related to the Platform for direct communication with member state authorities, the Commission, and the European Board for Digital Services: contact@desaigne.com. You can use the same point of contact to communicate directly and quickly with us. You can communicate with us in Polish or English.
PLATFORM
1. In order to use the Platform, you have to meet the following minimum technical requirements: (a) a device with Internet connection enabling the correct display of the Platform interface, (b) an installed, latest version of either Internet browser: Edge, FireFox, Opera, Chrome, Safari, (c) active JavaScript and Cookie support (subject to the relevant provisions of the Privacy Policy), (d) an active e-mail account. The recommended minimum screen resolution is 1024x768 pixels.
2. The extent to which you can use the Platform is subject to your decisions, such as creating an Account.
3. We reserve all rights to the Platform that are not granted to you in an express manner under the Agreement. Under the Agreement, you are in particular not allowed to use the intellectual property belonging to us for a fraudulent purpose or to our disadvantage. The Services provided within the Platform as well as their components, including the design and any markings, are protected by the copyright or other rights related to intellectual property, such as trade marks, industrial designs, or trade secrets, belonging to us. You may not reproduce, disseminate, or publish such elements, as a whole or in parts, without our consent determined by the Platform functionalities. It is, in particular, not allowed to: (a) reproduce, disseminate, lend, dispose of, and otherwise redistribute, directly or indirectly, whether against charge or free of charge, any elements of the Platform otherwise than through us as the Service Provider, (b) modify, reverse engineer, or otherwise interfere in the software of the Platform, (c) use and develop the intellectual property belonging to us for the purpose of creating own products and services, (d) use the intellectual property belonging to us for an unlawful purpose or to our detriment. Any behaviour that meets either of the foregoing prerequisites will be treated as a default of the Agreement.
4. When using the Platform, you will not: (a) undertake any actions that may hinder or impede the operation of the Platform, (b) cause the use of the Platform to be onerous to others, (c) undertake any actions to the disadvantage of us, other Users, third persons, or users, (d) act in violation of the Terms and Conditions, (e) use the Platform to send spam or otherwise disseminate unsolicited or unauthorised advertising materials, or disseminate the so-called chain letters, (f) publish or upload any illegal content to the Platform.
5. A violation of the Terms and Conditions may cause either of the following responses: (a) warning addressed at the relevant User, (b) blocking access to the Account, (c) removing the Account and thus terminating the Agreement with immediate effect, (d) preventing the User from establishing the Account again.
6. If within the Agreement term, we improve the Platform, then its new version will immediately be implemented and made available. The time for implementing an upgrade or update will correspond to the level of advancement and complexity of the implemented technical changes and may require a Maintenance Break. Such change does not constitute the amendment of the Agreement.
7. In order to avoid any doubt, we also emphasize that as part of the Agreement, you will neither be our attorney in fact or agent nor be entitled to make any declarations of will on our behalf.
8. Your personal data are processed in accordance with the Privacy Policy.
9. The Service Provider should in no way violate consumer protection laws. If any clause of the Terms and Conditions is in violation of unconditionally applicable consumer protection laws, that provision will be replaced by appropriate legal provisions that are closest to that provision.
ACCOUNT
1. The Platform offers the possibility of creating an Account. In order to set up the Account, you have to complete the registration procedure according to the messages displayed on the Platform. Please remember that you are obliged to provide your true and up-to-date details and maintain them so for the entire time you hold the Account.
2. Upon confirmation of the registration of your Account, an agreement for operating the Account is concluded between you and us for an unlimited period of time.
3. Please remember that you are responsible for what is happening on and also through your Account. You may not share the Account with unauthorised third persons and you are also responsible for keeping your login and password confidential. If you notice that an unauthorised person has used the Account, then please notify us of this immediately.
4. You may only set up one Account within the Platform. Your Account is non-assignable and non-transferable.
5. Except as otherwise stated in the Terms and Conditions regarding violations of their provisions, if you violate the Terms and Conditions or the Terms and Conditions are violated for reasons attributable to you, we will request you to cease the violation by setting a period of at least 7 days for this purpose, and upon the ineffective lapse of this period, we are entitled to do the following: (a) send you a warning that the Account may be blocked, (b) block access to your Account, (c) delete the Account, and thus terminate the Agreement with immediate effect.
6. You may terminate the Agreement for operating the Account at any time by sending us a relevant declaration of intent via e-mail (provided that it has to be the e-mail address used by you upon registration of the Account) to the following e-mail address: support@desaigne.com or by using one of the functionalities of the Platform. The termination becomes effective upon your instruction to delete the Account. As a result of termination of the Agreement upon notice or otherwise, your Account will be deleted and any Content provided within the Account will be removed, and you will irretrievably lose access to them.
ARTWORKS. LICENSES
1. You may access the Artwork as digital content immediately after placing the Order. We make the Artwork available by sending the corresponding link to the e-mail address indicated in the Order form. The link includes access to 3 (three) digital files in jpeg format, which can be downloaded by the User and then used in accordance with the Licence granted.
2. Access to the Artwork for which the Licence is granted is for an unlimited period of time and is made via the link referred to in clause 4.1. above. The number of Artwork downloads is limited to 5 (five). In order to download the Artwork once the limit indicated above has been used, please contact us on support@desaigne.com and request additional limit (free of charge).
3. In order to access and download the Artwork, the following things are required: i) access to the Internet; ii) an installed Internet browser that enables the content to be displayed when the link is clicked; iii) an active e-mail address (to which the links will be sent); iv) software that enables the files to be displayed in jpeg format. We declare that, provided that the above requirements are met, the Artworks are accessible on all devices normally used to open websites via the Internet, such as computers, smartphones, and tablets.
4. We do not guarantee that it will be possible to open the Artworks on devices other than those specified in clause 4.3. above, typically used to display digital content such as Artworks.
5. If the User with consumer status wishes to access the Artwork immediately, he/she is required to make an appropriate declaration – consent to the immediate delivery of the Artwork as digital content, as a result of which such User loses the right to withdraw from the Final Agreement. If such a declaration is not made, the Artwork will be shared 14 days after the date on which the User places the Order.
6. If the User makes the declaration referred to in clause 4.5 above, the Artwork will be made available to him/her immediately as prescribed in clause 4.1. above. We reserve that the making the Artwork available may be delayed in situations beyond our control, related to computer software failures within the Platform, e-mail providers, or other events beyond the Service Provider’s control.
7. When the Artwork is made accessible to you, a Licence is granted to you on the conditions prescribed below and in the Licence Policy published within the Platform. You may choose between a Personal Use Licence and a Commercial Use Licence. All Licences are chargeable and the licence fee is the Price.
8. In the case of a Personal Use Licence, you are entitled to use the Artwork: i) for an unlimited period of time; ii) without restrictions as to territory. This Licence covers activities of a private/personal nature, such as: i) printing and displaying the Artwork for purposes other than commercial; ii) using the Artwork on personal or household objects, such as home decoration or clothing. The Personal Use Licence does not cover any activity: (i) of a commercial, business, or professional nature; (ii) resulting in the granting of sub-licences; (iii) involving the resale of the Artwork, making it available in digital form, or modifying the Artwork and offering it to third parties in this modified form. Consequently, the User is not entitled to use the Artwork in any manner whatsoever beyond the scope of permitted personal use.
9. In the case of a Commercial Use Licence, you are entitled to use the Artwork: i) for an unlimited period of time; ii) without restrictions as to territory. This Licence includes the right to undertake, in addition to all the activities listed in clause 4.8.(2) above, the following: i) affixing the Artwork to physical objects and offering such products for sale; ii) using the Artwork as a designation of a company, brand, or product; iii) using the Artwork on the Internet, on your websites and social media channels, as well as in other types of marketing materials.
10. For both types of Licences, it is prohibited to: resell or otherwise distribute the Artwork in the form of a computer file (independent digital content); ii) attempt to register the Artwork as a trademark or other designation protected by law; iii) claim that the User is the author of the Artwork.
11. To the extent not covered by this clause 4, Licences are granted in accordance with the Licensing Policy published on the Platform.
12. Where the Licence conditions specified in this clause 4 or in the Licensing Policy are violated, the Service Provider, acting on behalf of the Organiser, is entitled to terminate the licence with immediate effect by sending a notice to the User’s e-mail address provided in the Order form. In such a case, the Service Provider’s notice becomes effective at the moment the User is able to read it.
PRICES AND PAYMENTS
1. The Licence for the use of the Artwork in any situation is payable. This means that the Price specified on the Platform constitutes the licence fee; after the User pays the Price, he/she gains the right to use the Artwork within the scope prescribed by the Licence chosen by the User.
2. The Price for the Licence is each time displayed on the Platform, within the selection of Artworks, as well as within the forms for placing an Order. All prices are gross prices (they include all customs duties and taxes, including VAT at the rate prescribed by applicable laws) and are expressed in euro or their equivalent in other currencies as per your choice made through the functionalities of the Platform.
3. Payments are made through the functionalities provided by a third party – Payment Operator.
4. The User is obliged to pay the Price immediately upon filing the Order.
5. If the functionalities and websites referred to in clause 5.3 above are temporarily unavailable, this does not release the User from the obligation to make the payment once they are available again.
6. We are not liable for any damage incurred by the User resulting from the use of the functionalities or services of third parties, including the Payment Operator, for the purpose of paying the Price.
7. By accepting the Terms and Conditions, the User agrees to receive e-invoices at the e-mail address stated in the Order or within the Account functionalities.
8. The prices on the Platform are not individually tailored to Users based on automated decision-making. The displayed Prices apply to all Users.
CONTENT
1. When providing the Content through the Platform, each time you warrant and represent that: (a) you hold the rights to the Content at least to the extent required under your commitment to abide by the provisions of these Terms and Conditions and enabling the performance of the Agreement, (b) the Content does not identify third parties (does not contain personal data of persons other than the User), (c) using and managing the Content within the frames of the Services will not infringe third persons’ rights, (d) the Content will not violate other provisions of the Terms and Conditions, in particular as prescribed in the paragraph below, (e) the Content will not constitute illegal content as defined by applicable laws.
2. You may not provide within the Platform or use within the Services any Content that may: (a) infringe personal rights or interests of third parties, in particular intellectual property rights, (b) contain threats, incite aggression, or contain elements of unlawful violence, (c) be materials that may be used for unlawful, misleading, malicious, or discriminating purposes, promote violation of rights, in this suggest methods facilitating violation of such rights or encouraging such behaviours, (d) propagate methods and practices contrary to our idea, (e) include materials that may be used for unlawful purposes, (f) evidently contradict the rules of social co-existence, common moral and social norms, or rules of netiquette, (g) contain vulgarisms and phrases that may in any way violate someone’s dignity, (h) propagate hatred based on race, nationality, denomination, or worldview-related reasons, (i) violate someone’s privacy, (j) be of pornoArtwork nature, or for other reasons be unsuitable for persons under the age of 18, (k) contain elements that propagate or are connected with weapons, alcoholic beverages, illegal drugs, pesticides, poisons and drugs, military organisations and political parties, sects and similar religious cults, pornography, prostitution, and other similar products/services, (l) promote other websites or other Internet service providers competitive to us.
3. Upon provision of the Content onto the Platform, for this purpose you grant us a license, without any limitations as to the territory and time, valid until the Content is deleted.
NEWSLETTER
1. As part of the Platform functionalities, it is possible to subscribe to the Newsletter.
2. Receiving the Newsletter is voluntary, and you may unsubscribe from it at any time by: (i) using the functionalities included in every message sent to you; (ii) contacting us at the following e-mail address: support@desaigne.com.
3. If you opt out of the Newsletter, this will only result in the Newsletter being no longer sent to you and this will not affect: (i) other Services provided to you; (ii) access to other Services and how they are obtained/delivered; (iii) the validity of the Agreement to the extent other than sending the Newsletter.
4. In order to regain access to the Newsletter, you should contact us at the e-mail address indicated in clause 7.2. above or use the Platform functionalities.
CONSUMER RIGHTS
1. You may withdraw from the Agreement in the part related to the purchase of the Licence to the Artwork that is digital content without requesting us to deliver the digital content or service if:
  1. it clearly results from our statement or circumstances that we will not deliver the Artwork as digital content to you; or
  2. we have agreed or it clearly results from the circumstances in which the Agreement was concluded that a specific date for the delivery of the Artwork was significant to you, and we have failed to deliver it by that date;
  3. we have failed to deliver the Artwork as digital content immediately after your request or within an additional term expressly agreed upon with you.
2. We will only reimburse you for those Artworks being digital content or services that were not compliant with the Agreement or that were not delivered due to withdrawal from the Agreement.
3. If you withdraw from the Agreement, we are obliged to refund you as soon as possible, but no later than within 14 days of your statement of withdrawal from the Agreement.
4. We will refund you in the same way you made the payment unless you agree to another way of refund that will not cost you anything.
5. Making any changes must not generate additional costs for you.
6. In the event that you withdraw from the Agreement in respect of a given Artwork, we will immediately prevent your further use of such Artwork by blocking your access to it.
WITHDRAWAL
1. If you are a consumer, you may withdraw from the Agreement without providing the reason by filing a declaration of withdrawal from the Agreement with us, in particular, via e-mail to the following e-mail address: support@desaigne.com. The term for withdrawing from the Agreement is 14 days from its conclusion. In order to comply with the term referred to in the preceding sentence, it is sufficient to send us, prior to its lapse, a notice of withdrawal in the form referred to in the first sentence of this clause.
2. The withdrawal right does not apply in the case of an Agreement for providing digital content that is not recorded on a physical data carrier if the provision of the performance has commenced upon express consent of the consumer prior to the lapse of the term prescribed for withdrawing from the Agreement and upon the Service Provider’s notifying him/her on the loss of the right to withdraw from the Agreement. In other words, if you make a respective declaration (consent) relating to the immediate provision of the Artwork to you, you will lose your right to withdraw from the Agreement whose subject matter covers the provision of the Artwork.
3. If the unconditionally applicable laws governing the Agreement grant you rights broader than those indicated in clauses 9.1.-9.2. above, those laws will apply.
4. In the cases referred to in clauses 9.1.-9.2. above, the relevant information about the impossibility of withdrawing from the Agreement after the delivery of digital content will be displayed on the Platform and we will enable you to read it directly before placing the Order and also confirm that in the e-mail sent to you immediately after you place the Order.
COMPLAINTS
1. You have the right to file a complaint concerning the operation of Platform or individual Services.
2. The complaint should be filed by electronic means to the following e-mail address: support@desaigne.com.
3. The complaint should include at least the details enabling identification of you as the complaining person and state reasonable reservations and comments.
4. We will consider the complaint within 14 days of its delivery.
5. You will be advised of the result of the complaint procedure to the e-mail address from which you sent the complaint or to the address stated by you in the complaint form. Our response in this regard will be final.
AMENDMENT
1. We may amend these Terms and Conditions due to material reasons, whether legal (change of generally applicable legal provisions related to our activity or its form) or technical (modernisation of the Platform infrastructure), as well as in the case of change, in particular extension, of the provided Services.
2. You will be notified of any amendment of the Terms and Conditions along with the scope of the introduced amendments via e-mail sent to the address at which the Account is registered, 15 (fifteen) days before the new Terms and Conditions come into effect (“Notification Term”).
3. You may terminate the Agreement within the Notification Term upon a 15-day termination notice, counted from the receipt of the notice. If you are not a consumer and you fail to terminate the Agreement within the Notification Term, then you are deemed to have accepted the Terms and Conditions in their amended wording without reservations and become bound by them upon the lapse of the last day of the Notification Term.
4. We may introduce amendments to the Terms and Conditions with immediate effect, without observing the Notification Term, where:
  1. we are subject to a legal or regulatory obligation under which we are obliged to amend the Terms and Conditions in a manner preventing us from meeting that Notification Term;
  2. we are required, by way of exception, to amend the Terms and Conditions so as to counteract an unpredicted and direct threat connected with the protection of online agency services, consumers, or users against frauds, malware, spam, data breaches, or other cybersecurity threats.
FINAL PROVISIONS
1. The governing law for liabilities resulting from the Terms and Conditions and the Agreement is Polish law.
2. The provisions of the Terms and Conditions in the relationship between us and the User with the rights of a consumer do not violate applicable laws, the application of which cannot be excluded and which grant consumers broader protection than that under the Terms and Conditions.
3. If any of the provisions of the Terms and Conditions proves invalid as a whole or in part, ineffective or unenforceable, only such provision will remain invalid as a whole or in part, ineffective or unenforceable, and the other provisions will remain in force. We, as well as the User, undertake to replace such invalid, as a whole or in part, ineffective, or unenforceable provisions with provisions whose legal effect and economic implications to the highest extent correspond to those of the replaced provisions by means of negotiations carried out in good faith.
4. In the case of a dispute between us in connection with the Agreement, if you are a consumer, you may refer to a permanent consumer court to settle the dispute. In such a case, you may also refer to another arbitration court for mediation or settlement (take advantage of alternative dispute resolution, ADR). To this end, you should file a motion for mediation or a motion for settlement of the case before an arbitration court, depending on the consumer’s intent, with us. A list and addresses of the entities conducting such proceedings are available at competent authorities, including on their websites. If you are a consumer, you may also take advantage of an out-of-court mode of considering complaints and seeking claims by submitting the complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.If you resign from the use of ADR or ODR, any dispute resulting from these Terms and Conditions will be resolved by a common court with jurisdiction determined in line with a legal deed applicable to you (a consumer). Any dispute between us and you – if you are not a consumer – will be referred to a court with local jurisdiction over our registered office.
5. The Terms and Conditions come into effect on 1 November 2024.

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Terms of service