§ 1. Scope of this document
These Sales Terms set out how contracts for the sale of Odoardo™ products and the provision of Odoardo™ services ordered through the cart on the Platform are concluded and performed. The seller and provider is the Operator identified in the General Terms.
These terms are Specific terms within the meaning of the General Terms. The rules for a particular product are described in that product's own Specific terms. Which provisions prevail in the event of any discrepancy is set out in the “Resolving discrepancies” clause of the General Terms.
An order may be placed by a consumer, by an entrepreneur with consumer-like protection and by an entrepreneur. Every product and every service can be ordered by a private person or by a company alike. An invoice made out to a company is an option to choose when ordering, not a condition of purchase.
§ 2. Definitions
The Platform's cart, where you gather chosen configurations before placing an order. The composition stays saved for 90 days from your last visit and, once you sign in, we merge it with your account's composition.
The set of product options you have chosen, from which we calculate the price. The configuration forms part of the content of the contract.
A one-off payment covers an object, a digital edition or the preparation of a series. A recurring payment covers a service settled in repeating periods: monthly or quarterly.
Your account, where you will find your orders, the confirmation of contract terms, invoices, subscriptions and the withdrawal and complaint forms.
§ 3. Conclusion of the contract
Information on the Platform is not an offer within the meaning of the Polish Civil Code but an invitation to conclude a contract. The offer is made by you, when you submit the order.
You place an order through the configurator and the composition. Before payment you see the items ordered, the one-off amounts, the recurring amounts together with their billing period, and the delivery cost.
Before payment we confirm your e-mail address with a one-time code. The order confirmation, together with the contract documents listed in the “Recording the terms” clause, is sent to that address.
The contract is concluded when we send you the confirmation that your order has been accepted. We send it without delay once the payment service provider confirms that the payment has been settled.
The e-mail confirming that your order has been accepted contains the terms of the concluded contract — items, prices, the versions of the documents accepted and the consents given. As PDF attachments it carries the accepted versions of every document of the order: the General Terms, these terms, the Specific terms of each product ordered and the data processing agreement where it applies, together with the model withdrawal form. That message with its attachments is the confirmation of the contract on a durable medium. The same terms are recorded in the confirmation of contract terms available in Odoardo ID™.
Before the confirmation that your order has been accepted is sent, the Operator may decline to accept an order in the event of an obvious pricing error, permanent unavailability of the product, reasonable suspicion of abuse or a delivery or invoice address in a place excluded under “Physical products”. We inform you of it without delay and refund the full amount paid within 14 days at the latest. Where the contract has already been concluded and the price contained an obvious error, the Operator may evade the legal effects of a declaration made under the influence of error (Articles 84 and 88 of the Polish Civil Code). We then refund the full amount paid without delay, and within 14 days at the latest.
§ 4. Prices and taxes
We calculate the price from the Odoardo™ price list and your configuration. The price shown in the summary before payment is the binding one.
All prices at Odoardo™, for products and services alike, are final prices, including in offers addressed to businesses: the amount shown in the order summary is the amount you pay, and we add no tax and no other charge to it. The price includes VAT where VAT is due, at the rate that applies to the sale. Where no tax is due, for example when goods are exported outside the European Union, the price does not change. If you order with an invoice to a company established in Poland, the order summary also shows the net amount and the VAT amount for information, and the amounts on the invoice are decisive. When we announce a price reduction, we also show the lowest price from the 30 days before the reduction.
Settlement is in Polish zloty or in US dollars, according to the currency chosen in the order. The price in the other currency is not a conversion at an exchange rate but a separate price from the price list.
Where the price of a product depends on quantity tiers, we price each copy at the rate of the tier it itself falls into, not the tier reached by the order as a whole. For example, with tiers of 1–4, 5–9 and 10+, an order of ten copies comprises four pieces at the first tier's rate, five at the second's and one at the third's. This rule does not apply to fees that a product's Specific terms set as a single amount for the whole tier.
We determine the tier from the total number of copies in a given order line and, for Odoardo Soul™, from the total number of pieces in the ordered set of objects, whatever their form. Places in the tiers then go first to the objects in the dearest form, and the further, cheaper tiers fall to the objects in cheaper forms. Adding an object therefore never raises the price of the objects already ordered.
A change to the price list does not affect orders already paid for. We may change the price of a running subscription only for the following reasons and by no more than the amount stated:
- A change in the VAT rate, or the introduction or change of another tax or public levy included in the price — by the amount resulting from that change.
- Indexation once a year — by no more than the average annual all-items consumer price index for the previous calendar year, announced by the President of Statistics Poland.
- A documented increase in the costs we bear with suppliers directly for providing the service concerned (for example domain registry fees, cloud services or artificial intelligence models) — by no more than the share of that increase attributable to your subscription.
We give notice of a change to a subscription price by e-mail to the address assigned to your account, stating its reason, the new price and the day from which it applies. We send the notice at least one full billing period in advance, and never less than 30 days in advance. If you do not accept the change, you may terminate the contract free of charge before that day, and until then you pay the existing price. If a tax or public levy included in the price is reduced, we reduce the subscription price by the amount resulting from that change.
§ 5. One-off and recurring payments
With the order you pay the one-off amounts, the delivery cost and the first period of every recurring service ordered.
We charge the fees for subsequent periods automatically to the saved payment method, at the start of each period. Where a service ships an object in every period (for example Odoardo Art™), the delivery cost, where delivery is charged, is taken with the fee for that period. Where the product's Specific terms provide for a usage fee, we charge it after the period ends, in accordance with those Specific terms.
If a charge fails, we retry it in line with the payment service provider's rules and inform you by e-mail. The message about a failed payment for a recurring service is a call to pay and sets the payment deadline. That deadline is counted from the first failed payment. How long the service has been running is counted from the day the contract was concluded to the day the unpaid fee fell due, which is the day of the first failed attempt to collect it. The deadline is 7 days if the service had been running for no longer than 3 months, 14 days if it had been running for no longer than 12 months, or 30 days if it had been running longer. If the arrears are not settled by the last day of that deadline, the contract for that service terminates at the end of that day without any further statement being required, unless the product's Specific terms provide otherwise.
You change your payment method yourself in the billing portal available in Odoardo ID™.
§ 6. Delivery
Objects are shipped to the address given in the order, through a carrier chosen by the Operator. By the Operator's decision, taken among other things on the basis of EU restrictive measures (sanctions), we do not accept orders with a delivery or invoice address in Russia, Belarus, North Korea, Iran or Syria, or in the territories of Ukraine not controlled by its government. Before performing an order whose value reaches a threshold set by the Operator, we check it against the EU lists of persons and entities subject to restrictive measures, comparing your name, or the company name given in the order, with them. If you are on such a list, we refuse to perform the contract and refund the whole amount paid, unless the law on restrictive measures requires those funds to be frozen.
Delivery within Poland is free. Outside Poland the cost depends on the zone and is shown in the order summary before payment.
The lead time is given with the product and in the order confirmation. For personalised objects it runs from your approval of the design.
If you are a consumer or an entrepreneur with consumer-like protection, the risk of accidental loss of or damage to the object passes to you when the object is handed over to you. If you are any other entrepreneur, it passes when the object is entrusted to the carrier.
For shipments outside the European Union, any customs duties and import taxes are borne by the recipient.
Digital services and digital editions are not shipped by carrier. We make them available in Odoardo ID™ or at the address assigned to the order.
§ 7. Withdrawal from the contract
If you are a consumer or an entrepreneur with consumer-like protection, you may withdraw from the contract within 14 days without giving a reason.
The period runs from taking possession of the object and, for contracts for services and for orders covering digital content or services only, from the day the contract was concluded. Where one contract covers objects and a service (for example objects or cards together with a subscription), the period for the whole contract, the service included, runs from taking possession of the objects and, where we deliver them separately, from taking possession of the last of them. The exception is objects delivered regularly in separate shipments under a subscription (for example Odoardo Art™): the period runs separately for each shipment, from taking possession of it, including where the contract also covers a service. For a digital edition (an e-book), the period runs from the day the contract was concluded, including where the order also covers objects.
The simplest way to withdraw is the “Withdraw from the contract here” function in Odoardo ID™. You will find it next to each order in the Billing tab for as long as the withdrawal period runs, and in the Help tab. You make the declaration in two steps: first you give your name, the order and the scope of the withdrawal in a short form — the reason is optional — and then you click the “Confirm withdrawal from the contract” button. Immediately after the confirmation we send an acknowledgement of receipt of the declaration, with its content and the date and time of its submission, to the e-mail address of your account. You may also send the declaration by writing to [email protected] or by post to our address, including on the statutory model withdrawal form, which we provide for download. The model form is not obligatory — an unequivocal statement that you are withdrawing is enough. The deadline Odoardo ID™ shows for your order is for guidance only and does not determine whether the declaration is effective.
We refund within 14 days of receiving the declaration, using the same payment method, unless you agree to another. You bear no charge for the refund in any case. We also refund the cost of delivering the object to you, up to the cost of the cheapest ordinary delivery method we offered. We may withhold the refund until we receive the object back or until proof of its dispatch is provided, whichever happens first.
You send the object back without undue delay and no later than 14 days from the day you withdraw from the contract, to: TITUTO Sp. z o.o., ul. Zimowit 42, 35-605 Rzeszów, Poland. You bear the direct cost of returning it. Please pack returned objects so that they are protected against moisture and damage to the edges.
Opening the packaging does not take away the right of withdrawal. You may examine the object as you would in a shop. If your use of it went beyond what is necessary to establish its nature, characteristics and functioning, you are liable for any diminished value, and we may reduce the refund by that amount (Article 34(4) of the Polish Consumer Rights Act).
The right of withdrawal does not apply in particular to objects made to your specification or serving your individualised needs — including objects engraved with wording you specified, and dedicated editions — and to digital content made available before the withdrawal period expires at your express request, after you have acknowledged that the right of withdrawal lapses.
If, when ordering, you request through a separate checkbox that we start providing the service before the withdrawal period expires and you then withdraw from the contract, you pay an amount proportionate to what was provided up to the moment of withdrawal. That checkbox concerns the Odoardo Soul™, Odoardo Lens™ and Odoardo Space™ services, is optional and is not a condition of placing the order. If you leave it unticked and withdraw within the period, you pay nothing for the service provided up to the moment of withdrawal and we refund the whole fee paid for it. We confirm your request in the e-mail confirming that your order has been accepted. If, at your express request and after you have acknowledged that you will lose the right of withdrawal once the service has been performed, we perform the service in full before the withdrawal period expires, that right lapses.
§ 8. Complaints
If you are a consumer or an entrepreneur with consumer-like protection, the Operator is liable to you for a lack of conformity of goods, digital content or a digital service with the contract, on the terms of the Polish Consumer Rights Act.
We are liable for a lack of conformity of goods with the contract that existed when the goods were delivered and becomes apparent within two years of that moment (Article 43c of the Polish Consumer Rights Act). You may demand that the goods be repaired or replaced. If repair or replacement is impossible, has not been carried out within a reasonable time, the lack of conformity persists, or it is so serious that it justifies doing so without prior repair or replacement, you may demand a price reduction or withdraw from the contract. You may not withdraw from the contract if the lack of conformity is minor.
We are liable for a lack of conformity of digital content or a digital service with the contract on the terms of Article 43k et seq. of the Polish Consumer Rights Act: for a one-off supply, where the lack of conformity becomes apparent within two years of supply, and for a continuous supply, where it occurs or becomes apparent during the period of supply. You may demand that the content or service be brought into conformity with the contract and, on the terms of Article 43m of that Act, also a price reduction or withdrawal from the contract.
You make a complaint through the complaint form in Odoardo ID™ or at [email protected]. Describe the lack of conformity with the contract. You may attach photographs, films or documents.
We respond within 14 days of receiving the complaint.
Before purchase we inform you of the features of our products. Oak has a unique grain, shade and figure, so each piece looks slightly different from the photographs. Engraving depth, the colour of printed elements and the colour of prints may differ slightly between batches, and dimensions may show minor deviations. These features result from the natural material and from handwork.
Please report damage to a shipment promptly, with photographs of the packaging where possible. A prompt report helps us claim against the carrier and does not limit your rights.
§ 9. Subscriptions
We conclude contracts for recurring services for an indefinite period, settled monthly or quarterly, in line with the product's Specific terms. No subscription has a minimum term.
You cancel a service yourself in Odoardo ID™. We then take no further charge, and the service remains available until the end of the period already paid for, which is why the fee for a period already begun is not refunded pro rata.
Once the paid period ends, the digital service stops working, unless the product's Specific terms provide otherwise. Objects delivered within paid periods remain your property.
Deleting your account in Odoardo ID™ ends all of your recurring services at the moment of deletion, without a refund of the unused part of a period already paid for. If the product's Specific terms provide for a usage-based settlement, it takes place at the same moment. Objects already paid for but not yet shipped (for example an Odoardo Art™ chapter) are shipped. If shipping is not possible, we refund their price. We also refund the price of a digital edition paid for but not yet made available. Deleting the account does not limit the right of withdrawal or your rights where goods or a service do not conform to the contract.
§ 10. Invoices
We issue an invoice for every order, every paid subscription period and every usage-based settlement. We issue every invoice in the Polish National e-Invoicing System (KSeF) and make it available for download in Odoardo ID™ as a PDF carrying its KSeF number and QR code. Entrepreneurs in Poland receive it through KSeF, and entrepreneurs outside Poland accept Odoardo ID™ as the way it is delivered.
We issue the invoice to the details given in the order or in the account profile. You are responsible for their correctness.
You can download invoices for orders, subscription periods and usage-based settlements in Odoardo ID™.
Every refund of a payment, including after withdrawal from the contract, a complaint or the end of the contract, is documented by a corrective invoice, which we issue in KSeF no later than 14 days after making the refund and make available in Odoardo ID™.