MapCreating

TERMS AND CONDITIONS

of the MapCreating Service available at www.mapcreating.com

Here you will find detailed regulations of the MapCreating factory store. Please note that because the maps are customised specifically for you and are in the form of licence files, we do not accept returns. That is why we strongly urge you to carefully look at the draft image of the map under a magnifying glass before buying. We do not see this map, it is created automatically and despite our best efforts, it may contain faults unacceptable to you.
  1. § 1. General provisions.
    1. Scope of the Terms and Conditions. These Terms and Conditions set out the rules for using the MapCreating Service at www.mapcreating.com, hereinafter referred to as the ‘Service’, the rules for making purchases using distance communication and the provision of services by electronic means.
    2. The Administrator of the Service. The Service administrator is Michał Siwicki, conducting business activity under the business name Wydawnictwo Kartograficzne Polkart Michał Siwicki [Cartographic Publishing House Polkart Michał Siwicki] with its registered office in Warsaw at the following address: ul. Batuty 1/406, 02-743 Warsaw, Tax Identification No. [NIP] 521-117-19-59, National Business Registry No. [REGON] 145916235, entered in the Central Registration and Information of Economic Activity, hereinafter referred to as the ‘Administrator’.
    3. Contact with the Administrator. The Administrator can be contacted at the telephone numbers of the Client Infoline (Infoline): +48 22 847 15 25 or by e-mail: info@mapcreating.com
    4. Technical requirements. The condition for proper display of the Service pages and use of the electronic services provided by the Administrator through the Service is that the User’s computer or mobile device and the system and software installed on it meet the following requirements:
      1. Internet connection through Internet bandwidth of at least 1Mbps;
      2. Use of one of the web browsers: Mozilla Firefox version 46.0 and higher, Internet Explorer version 11.0 and higher, Google Chrome version 51.0. and higher, Safari version 5.1.7 and higher, or Microsoft Edge version 109 and higher;
      3. One of the operating systems: Android version 5.0 or higher, iOS version 8.0 or higher, Windows 7 or higher, Mac OS 10.7 or higher;
      4. Computer or mobile device with a processor of min. 1 GHz and RAM of at least 1 GB.
    5. Promotional campaigns. Promotional campaigns and their terms and conditions will be governed by separate Terms and Conditions of the promotion.
    6. Services provided by the Administrator. The Administrator is the owner of the Service and provides the following services on the Service:
      1. Online access to the Service’s resources;
      2. Allowing the User to create digital maps using the data available on the Service, selecting their data and further using these maps;
      3. Allowing the User to store digital maps in the User Account for the Storage Period;
      4. Allowing the User to make purchases of Products and Services available on the Service;
      5. Allowing the User to purchase and use private styles for creating digital maps,
      6. Enabling the creation of maps according to the Client’s preferences, using the tools available on the Service, as well as at the Client’s request, by extending the capabilities of the tools according to the Client’s individual needs and the Administrator’s capabilities, based on separate arrangements and agreements concluded.
    7. Climate change. Due to the rapidity of climate change, the Administrator stipulates that he cannot offer fully up-to-date data on phenomena directly affected by these changes, such as the limits of ice sheets or the contours of the coastline in their areas of occurrence.
    8. Political status. For political reasons, the course of disputed borders with an undetermined period and the status of dependent territories have been adapted in the Service to the guidelines of the Polish Ministry of Foreign Affairs and the Commission on Standardization of Geographical Names Outside the Republic of Poland at the Head Office of Geodesy and Cartography, which means that these borders are given following the official position of Poland.
    9. Update and completeness of data. The Administrator has made every effort to ensure that the data used to produce the maps is as up-to-date, complete, accurate and reliable as possible. However, ensuring total accuracy is not possible due to physical limitations
  2. § 2. Definitions.
    The terms used in these Terms and Conditions and on the Service have the following meaning:
    1. Client – a natural person who is at least 13 years old, whereby if the person has not reached their majority, the consent of their legal representative is required, and a legal person and an organisational unit that is not a legal person but to which special regulations grant legal capacity, and which registers a User Account on the Service.
    2. Consumer – a Client who is a Consumer within the meaning of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
    3. User Account – individual Service containing the data of a Client registered on the Service. The registration of a User account constitutes the conclusion of an agreement to maintain an account on the Service.
    4. Digital Map/ Service – digital content in the form of cartographic data and graphic solutions, presented on the Service, which may be given the form of a concrete map with specific parameters (Draft Map, Map for Humanitarian Purposes) thanks to the Service’s functionalities, and which (in the case of the Final Map) may also be purchased and downloaded from the User’s Account by the User during the Storage Period.
    5. Map for Humanitarian Purposes – digital content in the form of cartographic data and graphic solutions, presented on the Service, wherein the User has been given the form of a concrete map with specific parameters, which the User may use free of charge based on a Free Licence – Umowa Licencyjna Bezpłatna exclusively for humanitarian purposes, such as the prevention or reversal of natural disasters, or other force majeure events.
    6. Final Map – digital content in the form of cartographic data and graphic solutions, presented on the Service, which the User, thanks to the Service’s functionalities, has given the form of a concrete map with specific parameters, not containing a watermark, which has been purchased by the User on the Service, after it has been generated from a Draft Map and which the User may use based on a Licence selected by the User.
    7. Free Sample Map – digital content in the form of cartographic data and graphic solutions, presented on the Service, to which the Administrator has given the form of a concrete map with specific parameters and made it available for free use based on a Free Licence – Umowa Licencyjna Bezpłatna.
    8. Draft Map – digital content in the form of cartographic data and graphic solutions presented on the Service, to which the User, thanks to the Service’s functionalities, has given the form of a concrete map with specific parameters, which contains a watermark, cannot be used for commercial purposes and which, after being generated into a Final Map, can be purchased by the User on the Service.
    9. Imprint – a set of metadata information about the Digital Map located in the corner of the Map, including the Administrator’s logo as a publisher, the copyright note, the year the Digital Map was created, the place of publishing, the Licence No., a phrase about the source material, the phrase ‘All rights reserved …’.
    10. Storage Period – the period of 30 days elapsing from the creation of the Draft Map by the User or until the User’s Account is deleted by the User or the Administrator. Accordingly, the Storage Period for a Final Map is 90 days from the date of its purchase, including the payment.
    11. Product/ Printed Map – a printed version of the digital content as cartographic data and graphic solutions, presented on the Service, and recorded in a physically existing copy (Final Map, Map for Humanitarian Purposes), Free Sample Map, available for purchase by the User.
    12. Terms and Conditions – a document defining the rules for using the Service, making purchases using means of distance communication and providing services electronically
    13. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
    14. Seller – Administrator.
    15. Final Template – a set of rules and features stored in the User’s Account, which allows the creation of a new Draft Map, a Final Map or a Map for Humanitarian Purposes as a result of decisions taken by the User, including based on an existing Digital Map stored in the User’s Account.
    16. Private Template – a set of rules and features stored in the User’s Account, allowing the creation of a new Draft Map, Final Map or Map for Humanitarian Purposes, created at the User’s special request and paid for by the User based on separate arrangements. By paying for the Private Template, the User acquires the exclusive right to use it under the terms of the Licence chosen by the User and separate arrangements, which means that the Administrator cannot make it available to other Users.
    17. Agreement – both the Sales Agreement and the Licence Agreement.
    18. Licence Agreement/ Licence – an agreement by which the Client acquires the right to use the Product/Digital Map under the licence terms, depending on the choice of the type of Licence. The licence agreements for each type of Licence (in English and Polish language versions) constitute Appendix No. 1 to these Terms and Conditions and are available on the Service under the tab ‘Licences’. As the Service develops, other language versions of the Licence will also be added to the Service, in which case the provisions of these Terms and Conditions will apply to them; the inclusion of such other language versions of the Licence on the Service will not constitute an amendment to the Terms and Conditions.
    19. Sales Agreement – an agreement under which the Client purchases a given Product or Service selected by the Client for the price indicated in the Ordering process.
    20. User – a Client with a registered User Account on the Service.
  3. § 3. Terms of use of the Service.
    1. The opportunities offered by the Service. Through the Service, the User can:
      1. Create Digital Maps of various categories (such as a city-map, tourist map, road map, physical map, etc.) in the form of digital files, covering any area of the world, using various functionalities of the Service (including the possibility to choose the scale, paper size, content density, manners, colour saturation, character size, languages in the legend); add their content in a small range;
      2. Order Products, being Digital Maps in printed form (Printed Maps), subject to printing and delivery capabilities;
      3. Order the Services, being the Final Maps and Maps for Humanitarian Purposes in digital version, with the selection of the corresponding Licence;
      4. Use the Free Sample Maps presented on the Service under the Licence
    2. Storage period. The Digital Maps created by the User will be stored by the Administrator for the Storage Period and will be available to the User under the User Account tab. During the Storage Period, the User may download the Digital Map any number of times. Upon the expiry of the Storage Period, the Digital Map is deleted from the User’s Account. If, during the Storage Period or after the Storage Period, the User creates a Digital Map in their User Account with the same parameters as the deleted map, the User will receive a discount of 66 percent of the price for this new Digital Map.
    3. Licence; change of Licence selection The User may use the Digital Map (i.e. the Draft Map, the Final Map and the Map for Humanitarian Purposes) created by them on the basis of a Licence, which the User selects when creating the Digital Map or purchasing it. Once the Final Map has been purchased or the Map for Humanitarian Purposes has been created, the User may not change the Licence selection about the Digital Map they have created at any time. The Free Sample Map, which is created and made available by the Administrator, or the Map for Humanitarian Purposes, is made available based on a Free Licence – Umowa Licencyjna Bezpłatna unless the User wishes to order a printed version of the Free Sample Map or the Map for Humanitarian Purposes, in which case the User has the option to make a purchase, which makes the use of such Printed Map based on a Advanced Licence – Umowa Licencyjna Zaawansowana.
    4. The draft version of the Digital Map (Draft Map). Once the personalisation of the Draft Map has been completed, the User is presented with a preview of the draft version of the Map (Draft Map), containing a watermark of the Administrator’s choice. From the Draft Map, a Final Map may be generated for purchase, and a final file containing the Final Map is saved in the User’s Account, without a watermark, in the storage format, colour model and resolution resulting from the choices made by the User, adequately to the limitations of the Licence selected by the User. The Draft Map must not be used for commercial purposes. However, it can be inserted into mock-ups (draft versions) of planned products such as a Service, book or article.
    5. Working image of the Digital Map. The draft image of the Draft Map differs from its final version (Final Map, Map for Humanitarian Purposes) in, i.e. technical features such as resolution (120 dpi, while the final version of the Digital Map (Final Map) may have up to 600 dpi); the presence of watermarks (there are none in the Final Map, except in the Map for Humanitarian Purposes); format (the draft image is saved in jpg format, RGB; while the Final Map is saved in pdf, jpg or tiff format, CMYK or RGB). Materially, i.e. in terms of content, the draft image of the Digital Map does not differ from its final version (Final Map), except for the situation when, during the export to the Final Map, the User selects a special quality mode, e.g. for offset printing; in such a case, overprints and graphic solutions concerning overlapping of names and signatures with the remaining content will appear on the Final Map.
    6. User content. The User may post their content on the Digital Maps to the extent that the Service’s functionalities allow them to do so at given moment. The User can insert up to 100 signatures or names and up to 3 GIS files with a total volume of up to 20 MB. Data inserted by the User remains their property, which means that the Administrator shall not use it, including making it available to third parties, unless it is publicly available data, including data made available based on an open licence.
    7. Unlawful content. It is forbidden for the User to post anywhere on the Service any unlawful content, including content that constitutes an infringement of third parties’ subjective rights (including intellectual property rights), third parties’ personal rights, is discriminatory, offensive, insulting to any social group or is unlawful in any other way.
    8. Limit on free Draft Maps. The User can create up to 5 Draft Maps and save them to the User Account without incurring any charges. Once this limit has been exceeded, the User may create further Draft Maps and store them in the User Account, provided that they purchase one of the paid Licences for the use of a Final Map generated from a previously made Draft Map or a new Final Map so that no more than 5 Draft Maps are stored in the User Account without charge. Any number of Final Maps may be stored in the User’s Account during the Storage Period, taking into account the Service’s technical capabilities.
    9. Downloading Digital Maps. The User may download the Digital Map stored in their User Account as many times as they wish during the Storage Period.
    10. Printed Map. Once the Final Map has been created, the User may order it in a printed version (Product) at any time during the Storage Period, in accordance with the parameters offered by the Administrator, including the terms of the Licence selected by the User, with the proviso that failure to order the Printed Map immediately at the time of purchase shall render the User obliged to pay again for at least the Advanced Licence for the use of the Printed Map.
    11. Maps for Humanitarian Purposes. The User may use the Maps For Humanitarian Purposes created by the User without any charge. This use is based on a Free Licence – Umowa Licencyjna Bezpłatna. If the User wants to order a printed version of the Map for Humanitarian Purposes, they can purchase it. As a result, such a Printed Map is used under the Advanced Licence – Umowa Licencyjna Zaawansowana or higher (according to the User’s choice)
    12. Free Sample Maps. The User may use the Free Sample Maps presented on the Service at no charge. This use is made based on a Free Licence – Umowa Licencyjna Bezpłatna. If the User wishes to order a printed version of the Free Sample Map, they may purchase it. As a result, such a Printed Map is used under the Advanced Licence – Umowa Licencyjna Zaawansowana or higher (according to the User’s choice).
    13. Non-removal of Publisher Imprint. The User must not remove the Publisher Imprint.
    14. Prohibition of scaling the digital Map. The User is not allowed to scale the digital Map to less than 50% and more than 200%. However, this does not apply to digital map printing as a billboard.
  4. § 4. User Account.
    1. Creation of a User Account. The Administrator enables the Client to create a User Account free of charge. The creation of a User Account by the Client does not involve providing any financial data, in particular, a payment card number.
    2. Registration form. A User Account is created by filling in the registration form available on the Service at https://app.mapcreating.com/sign-up and acceptance of the Terms and Conditions.
    3. Agreement for maintaining a User Account. By creating a User Account, the Client enters into an agreement with the Administrator to maintain an account on the Service.
    4. Consent to receive materials of an informative, promotional or advertising nature. By registering, the Client may also agree to receive informative, promotional or advertising material. Such consent is voluntary and is not a condition for creating a User Account. Consent can be revoked at any time.
    5. One User Account. A Client may only have one User Account.
    6. Prohibition on sharing the login and password for the User Account. Sharing the login and password for the User Account with third parties is prohibited. The Administrator shall not be liable for transactions carried out by unauthorised third parties who gained access to the User Account due to the culpable behaviour of the Client when using the login and password to the User Account.
    7. Up-to-date and truthful data. The Client is obliged to provide only up-to-date and truthful data. The Client may change and correct the data entered when creating a User Account at any time
    8. User Account opportunities. After logging in to the created User Account, the Client may:
      1. Create Draft Maps;
      2. Create and purchase Final Maps;
      3. Create Final Templates and modify these templates; if at given moment there is such option;
      4. Purchase Products and Services;
      5. Access the history and status of their Orders, including detailed technical specifications;
      6. Access invoices.
    9. Deletion of the User Account by the User. The Client may request the deletion of the User Account at any time by informing the Administrator in writing or by e-mail at office@mapcreating.com, in Polish or English, thereby terminating the Agreement for maintaining the User Account on the Service and deleting the data related to maintaining the User Account, subject to the provisions of the Privacy Policy regarding the processing of personal data. The Administrator deletes the data and information stored in the Account within 21 days of receiving the Client’s request.
    10. Deletion of the User Account by the Administrator. The Administrator may delete the User Account without the Client’s consent in the following situations:
      1. Violation by the User of the provisions of these Terms and Conditions or the Licence granted to the User;
      2. The Client has more than one User Account;
      3. The use of the User Account by the Client in a manner inconsistent with the Terms and Conditions, including but not limited to server overload, i.e. using the server resources in a manner inconsistent with the purpose of the Service, applicable laws and good morals;
      4. The provision of false or outdated data by the Client;
      5. The User’s undertaking of actions detrimental to the Administrator’s or personal interests.
    11. Removal of cartographic material from the Service. The User acknowledges and accepts that all Digital Maps stored in the User Account, including Draft Maps and Final Maps, as well as Final Templates and Private Templates, shall be deleted from the Service upon deletion of the User Account.
  5. § 5. Licence.
    1. Licence selection. Once the final version of the Digital Map has been approved and priced, the User selects the Digital Map Licence. The Licence is selected by indicating its type and acceptance of its terms. After selecting a Licence, the User enters into a Licence Agreement with the Administrator for the usage of the Digital Map under the conditions indicated in the selected Licence.
    2. Licence conditions. The content of each Licence is available on the Service under the ‘Licences’ tab. By selecting a Licence and accepting its conditions, the User confirms that they have read the content of the selected Licence and are aware of the licensing terms and conditions arising therefrom.
    3. Licence types. The User may choose the following types of Licences, the detailed terms of which are contained in the content of each Licence Agreement available on the Service under the ‘Licences’ tab:
      1. Basic Licence – Umowa Licencyjna Podstawowa (non-exclusive, copy limit: 50 copies, payable at the rate indicated in the wording of this Licence Agreement);
      2. Advanced Licence – Umowa Licencyjna Zaawansowana (non-exclusive, copy limit: 500 copies, file quality: even for professional printing, payable at the rate indicated in the wording of this Licence Agreement);
      3. Proficient Licence – Umowa Licencyjna Profesjonalna (non-exclusive, copy limit: 5000 copies, file quality: even for professional printing, payable at the rate indicated in the wording of this Licence Agreement);
      4. Unlimited Licence – Umowa Licencyjna Nieograniczona (non-exclusive, without limitation as to the number of copies, with the possibility of Internet distribution, with the exclusion of placement in stock databases, file quality: even for professional printing, payable at the rate indicated in the wording of this Licence Agreement);
      5. Free Licence – Umowa Licencyjna Bezpłatna (nonexclusive, copy limit: none, free of charge).
    4. Language versions of the Licence. In the case of a Client who resides or permanently stays or has a registered office in the territory of the Republic of Poland, the Licence Agreement concluded under these Terms and Conditions shall be executed simultaneously in the English and Polish language versions. In case of doubt about the interpretation of the Agreement, the Polish language version shall prevail. Whereas in the case of a Client who resides or permanently stays or has a registered office outside the territory of the Republic of Poland, the Licence Agreement concluded under these Terms and Conditions shall be executed in the English language version. As the Service develops, other language versions of the Licence will also be added. In such a case, the provisions of these Terms and Conditions shall apply to them, including the above provision that, in case of doubt about the interpretation of the Agreement, the Polish language version shall prevail. Posting other language versions of the Licence on the Service will not constitute an amendment to the Terms and Conditions.
    5. Free choice of Licence. The User can choose a different Licence for each Digital Map stored in the User Account, but this involves generating a new Digital Map and paying a new full licence fee without the possibility of a discount of 66% of the price.
    6. Licence numbers. Due to copyright protection, the Administrator reserves the right to include the licence number in various places on the Digital Map, including directly in the map content.
  6. § 6. Making purchases.
    1. Making purchases through the Service. Purchasing through the Service is done via User Account.
    2. Placing an Order. Orders can be placed through the Service 24 hours a day, 7 days a week. Information on the availability of Products and Services is given in their description.
    3. Correct completion of the Order form. The Order is effective if the Client correctly fills in the Order form and provides true contact details correctly and in the appropriate fields, including the exact e-mail address to which the Order confirmation will be sent and, if the Client orders a Printed Map, also the exact shipping address to which the Product is to be delivered.
    4. Placing an Order. To place an Order, the Client adds the Product or Service to the shopping cart, with selected scope of the Licence to be granted, and then chooses the form of payment. At the Order summary stage, the Client is informed of the total value of the Order and, in the case of an order of Products, the delivery costs.
    5. True personal data. The Client is obliged to provide accurate personal data in the Order form. The Client is responsible for providing false personal data. The Seller reserves the right to suspend the execution of an order in a situation where the Client has provided false or incomplete data or where the data raises justified doubts of the Seller to its correctness. In this case, the Client will be informed by telephone or e-mail of the Seller’s concerns. In the absence of data allowing the Seller to contact the Client, the Seller will provide any clarification once the Client has made contact.
    6. Order confirmation. After payment for the Order has been made, the Client will receive a confirmation of the Order at the e-mail address provided and a link to download the purchased file. This confirmation also includes the content of the selected Licence
  7. § 7. Price.
    1. Currency; VAT. All prices of Products and Services posted on the Parties relating to the relevant Products or Services:
      1. Are given in euros and in Polish złoty;
      2. Include VAT at the applicable rate.
    2. Binding nature of the quoted price. The price indicated for each Product or Service is binding at the time the Client places an Order. The price of a Product or Service binding on the Administrator and the Client is the price that is displayed to the Client on the Order tab before payment.
    3. What the price of the Final Map depends on. The price of the Final Map file depends on the map area in cm2 /inch2 , the geographical territory class and the scope of the Print Licence. It does not depend on the User’s location or the resolution in which the file is received. The price of the Printed Map also comprises the form of binding, the cost of the licence in at least Advanced Licence version, and delivery costs.
    4. Exchange rate differences. Due to exchange rate differences, the final price, i.e. the price displayed to the Client on the Order tab before payment, may be slightly different than the price displayed on the pages relating to the relevant Product or Service.
    5. Discount on the third map. When purchasing the third Digital Map with a single Order, provided its price is not higher than the other maps, the Client will receive a discount under which the cost of the third Map is €1.
    6. Discount code. The Administrator allows the price to be reduced by granting a discount based on a discount code made available by him, based on discounts introduced by him from time to time or by using a gift card. The discount code does not apply to the printing costs of the Printed Map. Regardless of the codes used, the price of a digital or printed map may not be less than €1.
    7. Promotions. If a Service or Product is subject to a periodic discount (known as a promotion), the Service or Product Service displays the price before and after the reduction. The price after the discount should be displayed both in the shopping cart and on the Order tab.
    8. Gross price. The above price is the final gross price, includes all taxes and other public tributes required by law, as well as discounts, and includes all costs of producing the Digital Map and, if applicable, the price of preparing and delivering the Printed Map, according to the pricing details.
    9. Price change. The Service reserves the right to change the prices of Products and Services. The above entitlement shall not affect the prices of Products and Services in Orders placed before the effective date of the price change, promotional or sale conditions
  8. § 8. Payment methods.
    1. Payments for the purchase of Products and Services. Payments for the purchase of Products and Services available on the Service will be possible using the payment instruments available on the Service offered by Stripe, according to the Terms and Conditions available at https://stripe.com/payments
    2. Information on possible payment methods. Information on possible payment methods is provided during the Order placement process at the payment method selection stage
    3. Order processing time. The Administrator stipulates that the Order processing time is counted from the confirmation of payment authorisation.
    4. Fiscal receipts. All Products or Services ordered on the Service shall be accompanied by a fiscal receipt or the invoice delivered with the purchased Product or, in the case of the purchase of Services, electronically to the e-mail address provided by the Client when placing the Order.
    5. Invoices. At the time of purchase, the Client may submit a request for a VAT invoice, providing the data necessary for its issue. In this case, the Administrator will issue an invoice and deliver it to the Client instead of a fiscal receipt.
    6. Invoice date. A Client who is a VAT payer (including a sole trader) purchasing within the scope of its business activity shall provide the invoicing details at the latest when placing an Order. The Seller does not have the option to invoice VAT payers at a later date.
    7. Name invoice. No later than 3 months following the end of the month when the purchase was made, the Consumer may request the Administrator to issue a named invoice in place of the fiscal receipt received with the purchased goods. Issuance of such an invoice will be possible after providing the Administrator with the Purchaser’s details and the original fiscal receipt delivered to the Client.
    8. Form of invoice. Invoices shall be sent electronically to the address indicated by the Client when placing the Order or in hard copy if requested by the Client.
  9. § 9. Order execution and delivery.
    1. Digital Map Delivery. The services are provided by automatic delivery to the e-mail address provided by the Customer, appearing on the User’s Account and/or provided in the Order form, with a link enabling the download of the Digital Map. In the case of an Order made by the Consumer, the link to download the Digital Map is delivered automatically to the Consumer’s email address, provided that the Consumer agrees that after the service is fulfilled, he will lose the right to withdraw from the Agreement. In the absence of such consent, the link will be delivered to the e-mail address provided by the Consumer after 14 days from the submission of the Order. Due to the fact that it may take up to 3 days to generate the Final Map, downloading the Final Map will be possible after its generation, taking into account the above-mentioned period.
    2. Delivery methods for Products/ Printed Maps. The products are delivered by a courier company. The Administrator on the Service’s website each time informs about the available delivery methods and companies delivering to the address indicated by the Customer. In the case of an Order of a Product in the form of a Printed Map, due to the fact that the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications and serving to meet his individual needs, the Consumer is not entitled to withdraw from the Agreement within 14 days from the date of purchase.
    3. Order processing time. Orders are fulfilled within 30 working days from the day payment is credited to the day the item is delivered. This period may be extended as indicated in the e-mail informing of the planned delivery date.
    4. Booking of payment. Once the payment has been booked, the external payment channel sends an e-mail to the Client stating that the payment has been registered.
    5. No combination of Orders. The Administrator does not provide for two or more Orders to be combined into one shipment.
  10. § 10. Consumer’s right of withdrawal (does not apply to a nonConsumer Client).
    1. Right of withdrawal. Subject to § 9 (2), a Consumer who has concluded a distance or off-premises Agreement may, within 14 days from the date of receipt of the Product or, in the case of the provision of services or the supply of digital content, from the date of the Order for the supply of digital content or the performance of the Service, withdraw from the Agreement without giving any reason and without bearing the costs, unless otherwise provided. To meet this deadline, it is sufficient to send the declaration of withdrawal from the Agreement before the deadline to the postal address of the Administrator or the Service’s e-mail address: info@mapcreating.com.
    2. Exclusions – when there is no right of withdrawal. Pursuant to art. 38 points 1, 3 and 13 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the right to withdraw from the Agreement is not entitled to the Consumer in respect of agreements:
      1. For the provision of services, if the entrepreneur has fully performed the Service with the express consent of the Consumer, who has been informed before the start of the Service that after the performance by the entrepreneur, they will lose the right to withdraw from the Agreement;
      2. Where the object of the provision is a nonrefabricated item manufactured to the Consumer’s specifications or serving to satisfy their individualised needs,
      3. For the supply of digital content which is not recorded on a material medium if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Agreement and after the trader has informed them about the loss of the right to withdraw from the Agreement.
    3. Personalised maps – no withdrawal from the Agreement. Due to the fact that both Services in the form of Digital Maps and Products in the form of Printed Maps offered for sale via the Website are personalized, non-prefabricated, i.e. they are manufactured according to the Consumer’s specifications or serve to satisfy his individual needs, the Consumer is not entitled to withdrawal from the Agreement – in relation to Products – in any case, and in relation to digital maps, when the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the Agreement and after informing him by the Administrator about the loss of the right to withdraw from the Agreement.
    4. The earlier performance of the Service. The consumer may agree to the performance of the service before the expiry of the 14-day period for exercising the right to withdraw from the Agreement by ticking the appropriate checkbox in the Order submission process. Performance of the Service ordered by the Consumer before the expiry of the 14-day withdrawal period results in the loss of the right to withdraw from the Agreement. Failure to express such consent by the Consumer means that the Service will be performed not earlier than 14 days from the date of placing the Order.
    5. Exercise of the right of withdrawal. In order to exercise the right to withdraw from the Agreement, the Consumer should submit a statement of withdrawal from the Agreement. The consumer may use the form of declaration of withdrawal from the Agreement, each time provided to him by the Administrator together with the Product, and constituting Appendix No. 2 to the Terms and Conditions, however, it is not obligatory. The method of withdrawal from the Agreement recommended by the Administrator is sending the completed form by e-mail to the following address: office@mapcreating.com
    6. Agreement deemed not to have been concluded. In the event of withdrawal, the Agreement shall be deemed not to have been concluded, and the Consument shall be relieved of all obligations.
    7. Return of payment to the Consumer. The Administrator is obliged to immediately, however, not later than 14 days from the date of receipt of the statement of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Product, however, in an amount not higher than the cost of the cheapest usual method of delivering the Product offered by the Service. The Administrator reserves the right to withhold the reimbursement of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, depending on which event occurs first.
    8. Method of returning the payment to the Consumer. The Administrator shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.
    9. Further rights of the Consumer. The right to withdraw from the Agreement does not exclude the Consumer’s rights arising from the Administrator’s liability for the Product’s non-conformity with the Agreement and the manufacturer’s warranty.
    10. Obligation to return the Product. The Consumer is obliged to return the Product immediately, but no later than within 14 days from the date on which they have withdrawn from the Agreement. It is sufficient to send the item back before the deadline.
    11. Direct costs of returning the Product. The Consumer shall bear the direct costs of returning the Product to the Administrator.
    12. ‘Return’ note. Please send the returned goods together with the received receipt or invoice to the postal address of the Seller with the note ‘Return’.
    13. Reduction in Product value. The Client is liable when the Product is diminished in value as a result of use beyond what is necessary to establish the nature, characteristics and functionality of the Product.
  11. § 11. Complaints
    1. Product/ Service in accordance with the Agreement. The Service is obliged to provide the Client with a Product that is free from defects (under the Agreement) and to perform the Service following the arrangements and provisions of these Terms and Conditions, including the Appendices. Damage to a Product of which the Client has been informed before purchase is not considered a defect.
    2. Defect warranty. When a purchased Product has a defect (there is a non-conformity of the Product with the Agreement), the Client may exercise their warranty rights under the complaints procedure, i.e. they have the right to file a complaint. To make a complaint, the Client may use the template complaint form attached as Appendix No. 2 to these Terms and Conditions.
    3. Return of the Product. To make a complaint, the faulty Product should be sent back to the Seller’s postal address with the note ‘Complaint’ with the received receipt or invoice, a description of the reasons for the complaint and the content of the request. We recommend enclosing proof of purchase of the Product to the complaint or otherwise demonstrating the purchase of the Product and stating what the Product’s non-compliance with the Agreement relates to. An invoice or receipt does not constitute grounds for consideration of a complaint; however, in the absence of such a document, the Seller may request the Client to prove by other means that the Product under complaint was purchased from the Service. The said provisions apply mutatis mutandis to digital content and services provided.
    4. Deadline for handling complaints. Complaints are dealt with within 14 days of the date of the complaint.
    5. Information on the handling of complaints. Information on how the complaint will be dealt with is sent to the Client at the e-mail address indicated.
    6. Return of funds. In the event of a refund, the funds will be immediately transferred to the Client’s nominated bank account or by other means agreed with the Administrator.
  12. § 12. Personal data protection, privacy policy and cookies.
    1. Purpose of processing the personal data provided. Before the Order is placed and during the registration of the User Account or the execution of the Sales Agreement or the Licensing Agreement, the processing of the given Client’s personal data by the Administrator to execute the Order or provide services consisting in the establishment and maintenance of the Account on the Service, takes place on the basis of Art. 6 (1)(b) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) or with the express consent of the Client.
    2. Provision of personal data. The provision of personal data is voluntary but necessary to use the full functionality of the Service, including the conclusion and execution of the Agreement for the Sale of Products and Services, the Licence Agreement and the provision of Services.
    3. Access to personal data. The Client has full access to their personal data and the right to supplement, update and request the cessation of processing of their personal data. If the data provided is necessary for the use of the Services or the performance of the Agreement, a request to cease data processing shall be equivalent to termination of the Services or cancellation of the Order placed.
    4. Storage period of personal data. The data will be stored for a period ensuring the proper execution of the Agreement between the Controller and the Client, as well as claims arising from it.
    5. Controller of personal data. The controller of personal data is Michał Siwicki conducting business under the business name Wydawnictwo Kartograficzne Polkart Michał Siwicki [Cartographic Publishing House Polkart Michał Siwicki] with its registered office in Warsaw at the following address: ul. Batuty 1/406, 02-743 Warsaw, Tax Identification No. [NIP] 521-117-19-59, National Business Registry No. [REGON] 145916235, entered in the Central Registration and Information of Economic Activity, hereinafter (in terms connected to the GDPR) referred to as the ‘Controller’.
    6. Data on the Order form. When filling in the Order form/ creating a User Account, the User provides the following data: e-mail address, first name and surname, exact address with postal code and country of delivery, Tax ID and full business name for companies.
    7. Cookies. The Service uses cookies. Cookies are IT data, in particular, text files, stored on the Service User’s end device and are intended for the use of the Services. Cookies usually contain the name of the originating Service, the length of time they are stored on the end device and a unique number
    8. Cookies on the User’s end device. The entity placing cookies on the Service User’s end device and accessing them is the Service Administrator.
    9. Purpose of using cookies. Cookies are used for the following purposes:
      1. The creation of statistics that help us understand how Service Users use the Services, which enables us to improve their structure and content;
      2. Determining the User profile to display customised material to the User on advertising networks, in particular Google and Facebook.
    10. Types of cookies. The Service uses two main types of cookies: session cookies and persistent cookies. Session cookies are temporary files stored on the User’s end device until the User logs out, leaves the Service or switches off the software (web browser). Permanent cookies are stored on the User’s end device for the time specified in the parameters of the cookies or until they are deleted by the User.
    11. Storage of cookies. The web browsing software (internet browser) usually allows cookies to be stored on the User’s end device by default. Service users can change their settings in this respect. The User’s web browser allows deleting cookies. It is also possible to automatically block cookies. For details, refer to the help or documentation of the User’s web browser
    12. Restrictions on the use of cookies. Restrictions on using cookies may affect some of the functionality available on the Service.
    13. Cooperating entities. Advertisers and partners cooperating with the Administrator may also use cookies placed on the User’s end device.
    14. Recommendation. We recommend to read the privacy policies of these entities to learn about the use of cookies used in statistics: Google Analytics and Facebook privacy policy.
    15. Advertising networks. Cookies may be used by advertising networks, in particular the Google network, to display advertisements tailored to the User’s use of the Service. For this purpose, they may retain information about the User’s navigation path or the time spent on a particular page
    16. Viewing and editing information from cookies. About the information on User preferences collected by the Google advertising network, the User can view and edit the information derived from cookies using the following tool: https://www.google.com/ads/preferences/
    17. Information on certain User behaviour. Information about certain User behaviour is subject to logging at the server layer. This data is used solely for the administration of the Service and to ensure that the hosting services provided are as efficient as possible.
    18. URLs. The resources browsed are identified by URLs. In addition, the following may be recorded:
      1. The arrival time of the request;
      2. The response sending time;
      3. The name of the Client’s station – identification via the HTTP protocol;
      4. Information about errors that occurred during the execution of the HTTP transaction;
      5. The URL of the Service previously visited by the User (referer link) if the Service is accessed via a link;
      6. Information on the User’s browser;
      7. IP address information.
    19. Data identification. The above data are not associated with specific persons browsing the web pages.
    20. Server administration. The above data is used only for server administration purposes.
    21. Disabling cookies. Users can change their browser settings if they do not wish to receive cookies. Please note that disabling essential cookies for authentication, security or maintaining User preferences may make it difficult, or in extreme cases impossible, to use the Services.
    22. Managing cookies. To manage cookie settings, use the settings of the web browser used and follow the instructions for that browser
  13. § 13. Final provisions.
    1. Contact with the Administrator. Contact with the Administrator is possible at the following e-mail address: info@mapcreating.com and telephone number +48 22 8471525, as well as by post at the following address: ul. Batuty 1/406, 02-743 Warszawa, Poland.
    2. Interpretation of the Terms and Conditions. In case of doubt as to the interpretation of these Terms and Conditions, they shall be interpreted in such a way that their interpretation is in accordance with generally applicable law
    3. Governing law. The laws of Poland shall govern the Terms and Conditions and their interpretation.
    4. Duration of the Terms and Conditions. Terms and Conditions are effective as of 25th of April 2024.
    5. Accessibility of the Terms and Conditions. The content of the Terms and Conditions is available at the Administrator’s office and on the Service.
    6. Amendment to the Terms and Conditions. The Administrator reserves the right to amend the Terms and Conditions. Any amendments to the Terms and Conditions shall come into force on a date to be indicated by the Administrator, which shall not be less than 14 days from the date on which they are made available at https://www.mapcreating.com/en/maps-en/terms-of-service-en/. Orders placed by the Client before the effective date of the amendments to the Terms and Conditions shall be processed based on the provisions in force on the date the Order is placed.
    7. Notification of the amendments to the Terms and Conditions. The Administrator will inform Clients having a User Account on the Service about the change of Terms and Conditions to the e-mail address provided during registration. If, within 14 days from the date of informing the Client of the changes to the Terms and Conditions, the Client has not sent a statement of nonacceptance of the changes to the Administrator at the e-mail address: office@mapcreating.com, it shall be deemed that the Client has accepted the changes to the Terms and Conditions.
    8. Application of Polish law. In matters not regulated in the Terms and Conditions, the provisions of Polish law, in particular the Civil Code and the Act on Consumer rights, shall apply.
    9. Dispute resolution; competent court. Any disputes related to the Agreements concluded through the Service by Clients who are not Consumers will be considered by the Polish common court with jurisdiction over the Administrator’s permanent place of business. In the case of a Consumer or a natural person who concludes an Agreement with the Administrator directly related to their business activity, where it follows from the content of that Agreement that it is not professional for that person, arising in particular from the subject of their business activity, made available based on the provisions on the Central Register and Information on Business Activity, the jurisdiction of the court shall be considered on general principles.
  14. Appendices:
    1. Appendix No. 1 – Licences
    2. Appendix No. 2 – Template withdrawal form
    3. Appendix No. 3 – Template complaint form

    Appendix No. 1

    Licences

    Basic Licence – Umowa Licencyjna Podstawowa

    Advanced Licence – Umowa Licencyjna Zaawansowana

    Proficient Licence – Umowa Licencyjna Profesjonalna

    Unlimited Licence – Umowa Licencyjna Nieograniczona

    Free Licence – Umowa Licencyjna Bezpłatna

    Appendix No. 2

    Template withdrawal form

    (this form shall be completed and returned only if you wish to withdraw from the Agreement)

    • addressee [here, the trader should insert the trader’s name, full postal address and, where available, fax number and email address].
    • I/ We (*) hereby give notice of my/ our withdrawal from the Agreement for the sale of the following (*) the Agreement for the delivery of the following (*) the Agreement for the performance of the following (*)/ the Agreement for the provision of the following Service (*)
    • Date of Agreement (*)/ receipt (*)
    • Full name(s) of Consumer(s)
    • The address(es) of the Consumer(s)
    • The signature(s) of the Consumer(s) (only if the form is sent on paper)
    • date

    Appendix No. 3

    Template complaint form

    Place, date ……………………………………………..

    Details of the Complainant ………………………

    Receipt/ invoice No. ………………………………..

    Proof of purchase …………………………………..

    Complaint (description of the defect) ……………………………………………………

    Reported claim ………………………………………..

    Complainant’s signature ………………………….