Terms and conditions

CIVIL CODE - the Act of 23 April 1964, the Civil Code (Kodeks cywilny).

ACT - the Act of 30 May 2014 on consumer rights (ustawa o prawach konsumenta).

CONSUMER - a natural person who performs with the Seller a legal act that is not directly related to their business or professional activity.

ENTREPRENEUR WITH CONSUMER RIGHTS (przedsiębiorca na prawach konsumenta) - a natural person who enters into a contract directly related to their business activity, where it follows from the content of that contract that it is not of a professional nature for them; to the extent specified in the Act, the provisions concerning the Consumer apply to such a person.

CUSTOMER - a natural person, a legal person, or an organisational unit without legal personality to which an act grants legal capacity, ordering the Service through the Website.

WEBSITE - the website available at cutitfast.pl.

SELLER / SERVICE PROVIDER - ARTAFON Artur Kiryłowicz, ul. Asnyka 32 d, 40-696 Katowice, NIP (Polish tax identification number): 9541915394, REGON (Polish business statistical register number): 273269667, telephone: +48 690 199 364, e-mail: kontakt@cutitfast.pl.

SERVICE - laser cutting of sheet metal parts according to the Design supplied or created by the Customer, together with ancillary activities (quote, preparation of the production file, handover or shipping).

DESIGN - a file or geometric data defining the shape of the ordered part: a file with a drawing or model of a flat part uploaded by the Customer (e.g. DXF, DWG, SVG, PDF, STEP, raster image), a parametric cut-to-size shape selected on the Website, or a shape created in the Part Designer.

PART DESIGNER - the Website tool that allows the Customer to create or modify a Design directly in the browser (shown on the Website as the “DXF Editor”).

QUOTE - an automatically calculated price summary for a given Design, material, quantity and lead time, available at an individual address.

ORDER - a declaration of intent by the Customer aimed at concluding the Contract, made by approving the Quote and paying for it on the Website.

CONTRACT - a contract for the performance of the Service, concluded at a distance between the Seller and the Customer.

ACCOUNT - a space on the Website, identified by the Customer's e-mail address, in which the Customer's Designs, Quotes and Orders are stored.

TERMS - these terms and conditions.

The Terms set out the rules for using the Website, placing Orders and performing the Service.

The Seller performs the Service in the territory of the Republic of Poland, and ships the parts within the territory of Poland and - where the Website offers it at the given time - to the countries of the European Union indicated on the Website.

The Seller does not charge any additional fees for Customers being able to communicate with the Seller.

To use the Website, it is sufficient to have a device with Internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail address.

It is prohibited for the Customer to supply content of an unlawful nature, or to use the Website in a manner that disrupts its operation or burdens it beyond the usual extent.

Through the Website the Seller provides free electronic services consisting of: making the Part Designer and the Design preparation tools available, preparing a Quote, enabling the placing of an Order, and maintaining the Account.

The contract for the provision of electronic services is concluded for an indefinite period and is free of charge.

The Customer may stop using the electronic services at any time, in particular by deleting the Account on the Website or by submitting a statement to kontakt@cutitfast.pl.

The Seller may terminate the contract for the provision of electronic services where the Customer grossly violates the Terms or the law, after first being called on to cease the violations.

Complaints concerning the operation of the Website should be submitted to kontakt@cutitfast.pl. The Seller handles them without delay, no later than within 14 days.

Creating an Account is voluntary and is not a condition for placing an Order.

An Account is created by providing an e-mail address and confirming it with a one-time code, or by signing in with a Google account. The Website does not store Customers' passwords.

The Account enables, in particular: access to earlier Designs and Quotes, repeating an earlier Order, and viewing sales documents.

The Customer may delete the Account at any time. Deleting the Account does not affect Orders already accepted for fulfilment or documents that the Seller is obliged to retain under the law.

The Customer supplies the Design by uploading a file, selecting a parametric cut-to-size shape or creating a shape in the Part Designer.

The Customer declares that they hold rights to the Design to the extent that allows them to commission its production, or that they have the consent of the person entitled. The Seller does not verify rights to Designs and does not examine whether the ordered shape infringes the rights of third parties.

The Customer bears sole responsibility for the Design's compliance with the law, in particular for not infringing the copyright, industrial property rights and trademarks of third parties. The Seller may refuse to carry out an Order if the Seller has reasonable doubts in this respect; amounts paid for such an Order are refunded.

The Customer grants the Seller a free licence to use the Design solely to the extent necessary to carry out the Order - including reproduction, conversion into a production format and transfer to the machine. The licence expires upon performance of the Contract, subject to point 6.

The Seller does not acquire rights to the Design, does not make it available to third parties for purposes other than carrying out the Order, and does not use it for the Seller's own sales.

File storage: Designs and Quotes are stored in the Customer's Account. Those deleted by the Customer remain in the recycle bin for 30 days, from where they can be restored. Designs that have not been ordered and remain inactive for 12 months are deleted by the Seller after the Customer has been notified beforehand at the e-mail address provided and a further 30 days have elapsed. Files relating to fulfilled Orders are stored for the period required by tax regulations.

Details of the processing of personal data are set out in the Privacy Policy.

The price is calculated automatically on the basis of the geometry of the Design, the selected material, thickness, quantity and lead time.

A Quote is not an offer within the meaning of the Civil Code and is merely an invitation to conclude a contract. A Quote remains valid for the period stated in it; after that period the price is recalculated according to the price list in force on the day the Quote is renewed.

Placing an Order by the Customer constitutes an offer to conclude the Contract.

The Contract is concluded when the Seller sends to the Customer's e-mail address confirmation that the Order has been accepted for fulfilment.

Before an Order is placed, the Website presents to the Customer: the shape and dimensions of the ordered part, the material and sheet thickness, the quantity, the total price, the delivery cost, the expected lead time and information on the exclusion of the right of withdrawal (§ 10).

The minimum Order value is indicated in the Website's price list (when paying in euro - the equivalent of that value at the exchange rate referred to in § 7 point 1). If the calculated value is lower, the Website clearly indicates the additional charge up to the minimum before the Order is placed. The delivery cost is not counted towards the minimum.

The Seller reserves the right to refuse to accept an Order, or to contact the Customer to clarify it, in particular where: the Design is technically unfeasible, exceeds the capabilities of the machine or contains an obvious scale error, or where the calculated price is the result of an obvious mistake. In the event of refusal, the amounts paid are refunded in full within 14 days.

Prices on the Website are calculated in Polish zlotys (PLN) and given as net prices; VAT at the rate of 23% is added to the price. Before an Order is placed, the Website shows the gross price, that is, the amount actually payable. The Website may allow payment in euro - the gross amount is then converted from the price in zlotys at a fixed exchange rate stated on the Website before the Order is placed, and the euro amount shown at payment is binding.

Orders are fulfilled only after full prepayment has been made. The Seller does not accept payment on collection.

The Website shows the payment methods available at a given moment on the payment screen. They may include: BLIK, instant online bank transfer and payment card - operated by PayPro S.A. (Przelewy24); payment from a PayPal account - operated by PayPal (Europe) S.à r.l. et Cie, S.C.A.; Revolut Pay, payment card, Apple Pay and Google Pay - operated by Revolut Bank UAB; traditional bank transfer to the Seller's bank account - the Customer receives the transfer details by e-mail after placing the Order. The availability of payment methods depends on the payment currency; payments operated by PayPro S.A. (Przelewy24) are available in zlotys only.

Failure to pay within the time stated on the Website means that the Order is not accepted for fulfilment and the Customer's offer ceases to be binding.

A sales document (invoice or receipt) is issued in accordance with the applicable regulations and made available to the Customer at the e-mail address provided.

The lead time begins to run from the moment the payment is credited.

Orders paid on a Polish working day by the cut-off time (Polish time) indicated on the Website are ready for handover on the next working day. Days of a break in operations announced on the Website are not working days. Other Orders are fulfilled in standard mode, in the order in which payments are credited. Lead times are counted in working days and refer to the parts being ready for handover, not to delivery by the carrier.

Before cutting, the Seller carries out an automatic technological check of the Design. If the Design contains elements that make production impossible or difficult (e.g. an unclosed contour, holes smaller than the technological minimum), the Website presents the Customer with a proposed correction. Changes to the geometry are made only after the Customer has approved them. The Seller is not liable for the consequences of producing the Design in accordance with the choice of a Customer who rejected the proposed correction.

Parts are cut with the tolerances appropriate to laser cutting technology. Cut edges are not additionally processed unless agreed otherwise.

The Seller does not perform bending, threading or any other processing beyond cutting, unless the Seller expressly offers such a service on the Website.

The Customer is informed that the Order is ready at the e-mail address provided.

The Customer chooses the method of handover when placing the Order:

1. a)personal collection at ul. Asnyka 32 d, 40-696 Katowice - free of charge, after prior notification that the Order is ready;
2. b)courier shipping within the territory of Poland - at the cost indicated on the Website before the Order is placed;
3. c)courier shipping to the countries of the European Union indicated on the Website, if the Website offers it at the given time - the shipping cost depends on the country of delivery and is stated when it is chosen, before the Order is placed.

The delivery cost is borne by the Customer and is stated before the Order is placed.

For shipping to countries of the European Union, the Website shows, next to each country, the delivery cost (net and including VAT) and the estimated delivery time in business days counted from the dispatch of the shipment. This time is indicative and does not include the processing time of the Order (§ 8). Shipping is made only to addresses in the countries indicated on the Website. The Seller does not charge additional customs fees for delivery within the EU customs area; if the delivery address is in a territory excluded from the EU VAT or customs area (for example the Canary Islands, the Åland Islands, Ceuta or Melilla), the Seller may refuse to accept the Order under § 6 point 7 and refund the amount paid.

For Customers who are not Consumers, the risk of accidental loss of or damage to the shipment passes to the Customer when the shipment is handed over to the carrier. For Consumers, the risk passes when the shipment is received.

On receipt of the shipment, the Customer should check its condition. If damage is found, it is recommended to draw up a damage report in the presence of a representative of the carrier - this makes it easier to pursue claims, but is not a condition for considering a Consumer's complaint.

The Seller is not liable for a delay in delivery resulting from the Customer providing an incorrect address.

The parts cut by the Seller are non-prefabricated items, produced to the Customer's specification and serving to meet the Customer's individualised needs.

In view of the above, in accordance with Article 38(1) point 3 of the Act (corresponding to Article 16(c) of Directive 2011/83/EU), a Consumer (as well as an Entrepreneur with Consumer Rights) has no right to withdraw from a Contract concluded at a distance with respect to the ordered parts.

Information about the exclusion of the right of withdrawal is presented to the Customer clearly before the Order is placed, and placing the Order requires its confirmation.

The exclusion referred to in point 2 does not limit the Customer's rights in respect of a lack of conformity of the goods with the contract (§ 11) or the right to cancel an Order before its fulfilment begins (point 5).

Until cutting begins, the Customer may request cancellation of the Order at kontakt@cutitfast.pl. If cutting has not yet begun, the Seller cancels the Order and refunds the amount paid within 14 days.

A Consumer may withdraw from the contract for the provision of free electronic services (the Account) without giving a reason, within 14 days of the day it was concluded. To meet the deadline it is sufficient to send the statement before it expires to kontakt@cutitfast.pl or to the Seller's correspondence address; the model withdrawal form set out in Annex 2 to the Act may be used, but this is not mandatory.

The Seller is obliged to hand over to the Customer parts that conform to the Contract.

To contracts concluded with a Consumer and with an Entrepreneur with Consumer Rights, the provisions on the lack of conformity of goods with the contract set out in Chapter 5a of the Act apply.

The assessment of conformity takes into account that the subject of the Contract is a part made according to a Design supplied by the Customer. The Customer is responsible for the correctness of the Design itself - including the dimensions, scale and intended use of the part. Making a part in accordance with the approved Design does not constitute a lack of conformity with the Contract.

The Seller is liable for a lack of conformity that exists at the time of handover and becomes apparent within two years from that time.

In the event of a lack of conformity, the Consumer may demand repair or replacement. If repair or replacement is impossible or would require excessive costs, the Consumer may make a declaration of a price reduction or - where the lack of conformity is material - of withdrawal from the Contract.

A complaint should be submitted to kontakt@cutitfast.pl or in writing to the Seller's address, stating: a description of the non-conformity, the Order number, the Customer's demand and contact details. Attaching photographs is helpful.

The Seller will respond to a complaint within 14 days of receiving it. Failure to respond within that period constitutes acceptance of the complaint.

The costs related to a justified complaint, including the cost of delivering the part to the Seller, are borne by the Seller.

In relation to Customers who are neither Consumers nor Entrepreneurs with Consumer Rights, the Seller's liability under the statutory warranty for defects (rękojmia) is excluded on the basis of Article 558 § 1 of the Civil Code.

The Seller may, at the Seller's own discretion, consider a notification of a defect from such a Customer in the manner described in § 11 points 6–7.

The Seller's liability towards the Customers referred to in point 1 is limited to the value of the Order to which the notification relates and does not include lost profits.

The controller of Customers' personal data is the Seller.

The rules for the processing of data, the legal bases, the retention periods and the rights of data subjects are set out in the Privacy Policy available on the Website.

A Consumer may use out-of-court methods of handling complaints and pursuing claims, in particular:

1. a)apply to a permanent consumer arbitration court (stały polubowny sąd konsumencki) at the provincial inspectorate of the Trade Inspection (Inspekcja Handlowa) with a request to resolve a dispute;
2. b)apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings;
3. c)use the free assistance of a county (municipal) consumer ombudsman (powiatowy (miejski) rzecznik konsumentów) or of a social organisation whose statutory tasks include consumer protection;
4. d)ask for free assistance - if the Consumer has their habitual residence in another country of the European Union - from the European Consumer Centre in their own country (the ECC-Net network).

Using out-of-court methods of handling complaints is voluntary and requires the consent of both parties.

Detailed information is available on the website of the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów, UOKiK).

The prices, lead times and availability of materials presented on the Website are for information only until the Quote is approved.

The Customer's individual device settings may cause differences between the preview image on the Website and the actual appearance of the part.

The Seller reserves the right to amend the Terms, in particular as a result of changes in the law. Amendments apply from the day they are published on the Website, subject to the proviso that Orders placed before the amendments enter into force are fulfilled on the previous terms.

The provisions of the Terms do not limit or exclude the rights of Consumers arising from mandatory provisions of law. In the event of a conflict, those provisions take precedence.

All materials available on the Website, the name Cut It Fast and the address cutitfast.pl are the property of the Seller and are protected by law. The foregoing does not apply to Designs supplied by Customers.

Disputes with a Customer who is not a Consumer are resolved by the court having jurisdiction over the Seller's registered office.

Matters not regulated by the Terms are governed by the provisions of Polish law, in particular the Civil Code and the Act. The choice of Polish law does not deprive a Consumer who has their habitual residence in another country of the European Union of the protection afforded to them by the mandatory provisions of the law of that country (Article 6(2) of Regulation (EC) No 593/2008 - “Rome I”).

The Seller's correspondence address is: ARTAFON Artur Kiryłowicz, ul. Asnyka 32 d, 40-696 Katowice.

The Terms are available on the Website at all times and may be preserved by printing or by saving to a data carrier.