Geschäftsbedingungen <div class=subText>(english version)</div>

Terms and Conditions and legal information for Store users

§1 DEFINITIONS §2 GENERAL INFORMATION §3 TERMS OF USE OF NEGATIV.COM.PL §4 SYSTEM REGISTRATION §5 PLACING ORDERS AND DELIVERY OF GOODS §6 MANUFACTURE AND TYPES OF GOODS §7 PURCHASES WITH ADVANCE PAYMENT (INSTALMENTS)§8 EXCHANGE OR RETURN OF PURCHASED GOODS §9 COMPLAINTS CONCERNING GOODS §10 FREE SERVICES AND LIABILITY §11 NEGATIV SETTLEMENT ACCOUNT §12 NEGATIV PAYBACK §13 NEGATIV GIFT CARDS §14 FINAL PROVISIONS §15 COOKIE POLICY AND PERSONAL DATA PROTECTION INFORMATION FOR CONSUMERS ON EXERCISING THE RIGHT TO WITHDRAW FROM A DISTANCE CONTRACT DISPLAY SETTINGS AND CALIBRATION

§ 1 DEFINITIONS

Seller's Office - the Customer service location at Dworska 27A, 95-015 Głowno, Poland.
Business Days - Monday to Friday, excluding public holidays in Poland.
Delivery - delivery to the Customer of the Goods covered by an order, through a Delivery Provider or by personal collection.
Delivery Provider - an entity performing Delivery, in particular Poczta Polska S.A., DPD Polska sp. z o.o., InPost sp. z o.o., or a carrier independently engaged by the Customer.
Terms and Conditions - these Terms and Conditions of the NEGATIV Online Store.
Store Website / Online Store - the NEGATIV sales service operated at the addresses listed in §2.
Goods - movable items offered by the Seller, including clothing and accessories made at NEGATIV's own manufacturing facility; the categories of Goods are defined in §6.
Priority Fulfilment Service - a voluntary paid ancillary service selected by the Customer while placing an order for designated Goods, consisting solely in assigning the highest organisational priority to their preparation or production under the rules set out in §5.
Sales Contract - a contract for the sale of Goods concluded between the Customer and the Seller, in particular at a distance through the Online Store.
Owner / Seller - Michał Płuciennikowski, trading as GRUPA WECON TTL, whose business address is Dworska 27A, 95-015 Głowno, Poland, tax identification number NIP 7331290550, statistical number REGON 100318064, and owner of the NEGATIV brand.
Customer - a natural person with full legal capacity, a legal person or an organisational unit having legal capacity that uses the Online Store or enters into a Sales Contract.
Consumer - a natural person entering into a transaction with the Seller which is not directly related to that person's business or professional activity.
Entrepreneur with Consumer Rights - a natural person entering into a Sales Contract directly related to that person's business activity where the contract is not of a professional nature for that person. Provisions concerning Consumers apply to such a person to the extent required by mandatory law.
Customer Card / Card Number - a unique Customer identifier assigned by the system and linked to the Customer Account.
Registration / Activation - the process of creating or activating a Customer Account and obtaining access to its features.

§ 2 GENERAL INFORMATION

The NEGATIV Online Store, operating at www.negativ.pl, www.negativ.com.pl, www.ngv.com.pl, negativbrand.com and negativ.fashion, is run by the Seller. Contact details: Dworska 27A, 95-015 Głowno, Poland; email: bok@negativbrand.com; telephone: +48 792 70 70 70 (call charges depend on the Customer's operator tariff).
The Seller is registered for EU VAT under number PL7331290550; EORI number: PL733129055000000; BDO number: 000196066.
These Terms and Conditions govern the conclusion and performance of Sales Contracts, electronically supplied services and the Priority Fulfilment Service, complaints, the Customer Account, Settlement Account, NEGATIV PayBack programme, Gift Cards and NEGATIV auctions.
Information on the Goods, including their main characteristics, composition, dimensions, variant, price, availability and expected fulfilment time, is provided on the Goods page or during individual arrangements. Information concerning the manufacturer, identification and safety of the Goods is displayed to the extent required by law.
Manufacturers' names and trade marks belong to their respective owners. Rights to the NEGATIV brand, Store design, photographs, patterns, descriptions, forms and markings belong to the Seller or the relevant licensors. Any use beyond permitted use requires an appropriate legal basis.
Providing unlawful content, transmitting unsolicited commercial communications and interfering with the security or operation of the Online Store are prohibited.
These Terms and Conditions are made available free of charge before a contract is concluded in a form that enables them to be obtained, reproduced and retained. The Customer is bound by the version accepted when the relevant contract was concluded.
Whenever these Terms and Conditions grant specific rights to a Consumer, those rights also apply to an Entrepreneur with Consumer Rights to the extent provided by law, particularly in relation to unfair contract terms, withdrawal from distance contracts and conformity of Goods with the contract.

§ 3 TERMS OF USE OF THE SERVICE

Use of the Online Store requires an Internet-connected device, an up-to-date browser supporting JavaScript and secure HTTPS connections, and an active email address. Essential cookies may be required to maintain a session and operate the basket; other cookies are used according to the user's choices.
The Customer must use the Store in accordance with the law, these Terms and Conditions, good practice and the intended purpose of the service, while respecting the rights of the Seller and third parties.
The Customer must not introduce malicious code, circumvent security measures, attempt unauthorised access or disrupt the system.
Use of a public network involves common risks, including interception of credentials and device infection. The Customer should use up-to-date software and protect their password. The Seller never requests disclosure of the full password.
The Seller may carry out technical work and remedy failures. Where possible, planned interruptions will be announced in advance.
If an obvious technical error causes the price, availability or another material parameter of the Goods to be displayed incorrectly, the Seller will promptly inform the Customer. Before a Sales Contract is concluded, the order may be rejected; after conclusion, the matter will be resolved under general legal principles, in particular by agreement with the Customer or under the provisions governing defects in declarations of intent.
If the Store publishes Customer reviews, information on whether and how the Seller ensures that they originate from persons who purchased or used the Goods is displayed directly alongside the reviews. The Seller does not publish or commission false reviews.
The NEGATIV shopping platform is intended exclusively for adults with full legal capacity. Registration of a Customer Account, placing orders and using electronically supplied services are available only to such persons. By placing an order or registering, the Customer declares that these requirements are met. If there are reasonable doubts, the Seller may refuse to conclude a Sales Contract or supply services until the matter has been clarified.

§ 4 SYSTEM REGISTRATION

Placing an order does not require prior Registration. A Customer Account may be created in connection with the first order and must be Activated in accordance with the instructions sent by email.
The Customer Account service is free and supplied for an indefinite period following Activation. The Customer may terminate it at any time by requesting deletion of the Account, subject to data which the Seller is legally required or otherwise entitled to retain.
The Customer must provide true, current personal information and update it when it changes. Mandatory fields are marked on the form.
Before the Account is created, the Customer receives and accepts these Terms and Conditions. Personal data necessary to maintain the Account and perform contracts is processed on the basis of the contract or a legal obligation; consent is requested only where it constitutes the appropriate legal basis.
The Customer must keep the password confidential and not make the Account available to third parties. Any suspected compromise of the Account must be promptly reported to the Seller and the password changed.
The Seller may temporarily block an Account where there is a reasonable suspicion of a security breach, unlawful use or a serious breach of these Terms and Conditions. The Customer will be informed of the reason and how to resolve the matter unless disclosure is prohibited by law or would compromise system security.
Deletion or blocking of an Account does not affect acquired rights, the obligation to perform existing Sales Contracts, the Customer's statutory rights or the ability to settle amounts due.

§ 5 PLACING ORDERS AND DELIVERY OF GOODS

Information displayed in the Store constitutes an invitation to enter into a contract unless expressly stated otherwise. Orders may be placed at any time.
The Customer selects the Goods and variant, adds them to the basket, specifies their details, Delivery and payment method, and then reviews the summary. Until the button indicating an obligation to pay is used, the Customer may correct the order details.
Immediately before placing the order, the Customer receives clear information on the main characteristics of the Goods, the total price including taxes, Delivery costs and other charges, payment method and timing, expected fulfilment date and, where applicable, the individual nature of the Goods and the absence of a right of withdrawal.
Submitting an order using a button indicating an obligation to pay constitutes an offer to enter into a Sales Contract. An automated acknowledgement of receipt is not acceptance unless expressly stated otherwise. The Sales Contract is concluded when the Seller sends confirmation that the order has been accepted for fulfilment.
Confirmation of the Sales Contract and these Terms and Conditions is provided to the Customer on a durable medium, at least by email.
Prices are shown in the currency selected in the Store and include taxes applicable to the sale. Delivery costs and any other charges are displayed before the order is placed. The binding price is the price confirmed for the order.
The Priority Fulfilment Service is available only for Goods designated by the Seller during the ordering process. The Seller determines the Goods for which it may be offered, taking account of production capacity, material availability and the nature of the Goods. If the option is not displayed for particular Goods, the service is not currently available for them.
The Customer may select the Priority Fulfilment Service only while placing the order. The option is not selected by default, and not choosing it does not affect the ability to purchase the Goods or their standard of workmanship. The service cannot be added after the Sales Contract has been concluded.
The fee for the Priority Fulfilment Service is calculated automatically by the system as a fixed amount or a percentage of the basis shown in the order summary, depending on the current configuration. Before placing the order, the Customer is informed how the fee is calculated and of its final price including taxes. The fee is shown separately in the basket and order confirmation. If the Seller announces a reduction in the price of the service, it also displays the lowest price applicable during the 30 days preceding the reduction or, where the service has been offered for a shorter period, the lowest price since it was first offered.
Selecting the Priority Fulfilment Service results in an ancillary contract linked to the Sales Contract. Under the service, preparation or production of the covered Goods receives the highest organisational priority and is carried out ahead of orders processed in the standard mode, while maintaining all technological and quality-control requirements.
The maximum time for preparing covered Goods for dispatch is 3 Business Days from the time all conditions required to begin fulfilment have been met, including conclusion of the contract, receipt of any required payment or payment confirmation from the operator, receipt of complete information and measurements from the Customer, and approval of a design, sample or specification where required. The Seller informs the Customer that the time limit has begun by email or another durable medium; this information may also be displayed in the order status.
The 3-Business-Day period ends when the Goods are ready for dispatch or personal collection. It does not include carriage, customs clearance or delivery by the Delivery Provider. The Priority Fulfilment Service does not guarantee delivery on a particular date.
Where an order contains several items, the service applies only to the items expressly covered by it. Before placing the order, the Customer is informed whether items not covered by the service will be shipped separately or together after the entire order has been completed, and how that choice affects the Delivery date and cost.
A specification change, failure to provide a required response or another Customer action occurring after the time limit begins which objectively prevents work from continuing suspends the time limit for the period necessary to obtain the information or agree the consequences of the change. The Seller promptly informs the Customer of the suspension and the new expected date; this does not apply to delays caused by circumstances attributable to the Seller.
The Priority Fulfilment Service does not alter the materials, technology, quality, scope of inspection or method of manufacture. It concerns only the organisation of production and preparation of the Goods for dispatch.
If the deadline cannot be met because of equipment failure, material unavailability, delayed delivery of components, force majeure or another circumstance beyond the Seller's control, the Seller promptly informs the Customer, explains the reason and proposes a new date. The Customer may accept the new date or cancel the Priority Fulfilment Service and receive a full refund of the service fee. Cancelling the service does not cancel the Sales Contract unless the Customer separately holds and exercises a right to terminate or withdraw from it.
If the declared deadline is missed and the Customer has not previously accepted a new date, the Priority Fulfilment Service fee is refunded in full. Organisational work performed by the Seller does not justify retaining a fee for a service that was not performed as declared.
If the Priority Fulfilment Service is to begin before the period for withdrawal from the service contract expires, the Seller obtains a separate statement, not selected by default, in which the Consumer expressly requests early performance and acknowledges that, once the service has been fully and properly performed, the right to withdraw from the service contract will be lost. The statement and terms of the service are confirmed to the Consumer on a durable medium no later than before performance begins.
When announcing a price reduction, the Seller also displays the lowest price of the Goods applicable during the 30 days preceding the reduction or, where the Goods have been offered for a shorter period, the lowest price since they were first offered, in accordance with applicable law.
Available payment methods, including bank transfer, PayU, PayPal, payment on delivery and payment on personal collection, are displayed in the basket. A payment operator may apply its own terms. The Seller does not retain full details of a payment instrument handled by an operator.
An order requiring advance payment must be paid within 4 Business Days unless a different period is stated in the summary. After that period expires, the Seller may set an appropriate additional deadline and subsequently cancel the unpaid order.
The Seller verifies the availability of the Goods and materials and the feasibility of fulfilment. If all or part of an order cannot be fulfilled, the Seller promptly informs the Customer and offers cancellation of the affected part, cancellation of the entire order, a change agreed with the Customer, or split Delivery without additional costs arising solely from that split. Payment for any unfulfilled part is refunded promptly.
The fulfilment time stated for the Goods covers preparation or production before dispatch and becomes binding once the order is confirmed, subject to agreed changes. If no date has been agreed, the Seller supplies the Goods without undue delay and no later than 30 days after conclusion of the Sales Contract.
Status messages such as “awaiting payment”, “awaiting information”, “accepted for production”, “production”, “quality control”, “ready for dispatch” and “dispatched” describe the stage of fulfilment. A status does not limit the Customer's statutory rights. The effects of statuses on production changes are set out in §6.
The Goods are delivered to the address or collection point indicated by the Customer. The Seller sends dispatch confirmation by email. Personal collection from the Seller's Office is available once readiness has been confirmed and a date arranged.
The risk of accidental loss of or damage to the Goods passes to the Consumer when the Goods are handed over. If the Consumer independently selected a carrier not offered by the Seller, the risk passes when the Goods are handed to that carrier.
Where possible, the Customer should inspect the parcel and ask the Delivery Provider to prepare a damage report if damage is found. Failure to obtain a report does not deprive the Consumer of rights arising from non-conformity of the Goods.
Failure to collect a parcel does not in itself constitute withdrawal from the Sales Contract. The Seller may claim the actual and reasonable costs of return and renewed Delivery, taking account of the circumstances and consumer-protection law.
The Seller issues sales documents in accordance with the law. An electronic invoice may be made available at the agreed email address or through the Customer Account in a format ensuring authenticity of origin, integrity of content and legibility; acceptance may follow from the Customer's choice or established practice, and the Customer may request another permissible method.
Invoices subject to the mandatory Polish National e-Invoice System (KSeF) are issued and made available through KSeF under the rules applicable at the time of issue. Consumer invoices are issued through KSeF only where legally permitted and are provided in a manner agreed with the Consumer, with an access code where required. A Customer who is a taxable person must provide a correct tax identification number before the document is issued.
International sales are available to countries listed in the Delivery form. The price, currency, tax and Delivery charge are shown before the order is placed. For Delivery outside the customs territory of the European Union, the recipient may be required to pay local import tax, customs duty or carrier fees unless the Delivery terms state that they are borne by the Seller.

§ 5A AUCTIONS ON NEGATIV

NEGATIV may make selected Goods available by auction. The Seller organises and supervises the auction process.
Any adult Customer with an active Customer Account may participate. The auction form specifies the Goods, opening price, minimum bid increment and closing time.
A bid is recorded together with its time and the Card Number. It must exceed the current price by at least the minimum increment. The current price is public, while other participants' details remain confidential.
A bid binds the participant until it is exceeded or the auction ends without a contract. The highest valid bid wins when the auction closes. A contract is concluded when the Seller sends the winner confirmation that the bid has been accepted.
The Seller may cancel an auction before a contract is concluded only for a valid reason, including a system failure, manipulation, an error in material parameters or inability to sell the Goods lawfully, and informs participants of the reason.
The winner must pay within 4 Business Days. If an appropriate additional deadline expires without payment, the Seller may withdraw from the contract or offer the purchase to the next participant.
A NEGATIV online auction is not a “public auction” within the meaning of the Polish Consumer Rights Act because it does not require the participant's physical presence. The Consumer retains the right of withdrawal under §8 unless another statutory exception applies, particularly for Individual Goods.
Auction Goods do not participate in NEGATIV PayBack where this information was presented before the bid was placed. Delivery and complaints are governed by these Terms and Conditions.

§ 6 MANUFACTURE, GOODS MADE AFTER ORDERING AND INDIVIDUAL GOODS

NEGATIV operates its own manufacturing workshop. The method of fulfilment depends on the category expressly identified on the Goods page, in the basket, in the order confirmation or in individual arrangements:
In-Stock Goods are finished items held in stock in the variant selected by the Customer. They are not manufactured for a particular order. The Consumer may withdraw from their Sales Contract under §8.
Goods Made After Ordering are standard models from the current collection whose production begins once an order is accepted. They are made to NEGATIV's standard specification in an offered size, colour and variant. Starting production after an order does not itself make the Goods individual or exclude the Consumer's right of withdrawal.
Goods Made at the Customer's Request are standard NEGATIV models, sizes or variants that are unavailable or no longer currently displayed and which the Seller agrees to produce again at the Customer's express request. Semi-finished products and materials are ordered according to the Customer's individual parameters, such as height or trouser-leg length. The Consumer has no statutory right to withdraw from the Sales Contract for such Individual Goods. This exception does not limit the right to complain about Goods that do not conform to the contract.
Individual Goods are non-prefabricated Goods made to the Customer's specifications or intended to meet the Customer's individual needs, in particular by being made to supplied measurements, or by changes to construction, cut, length, material combination, personalised print, embroidery or other features agreed exclusively for that Customer. The Consumer has no statutory right to withdraw from a Sales Contract for Individual Goods. This exception does not limit the right to complain about non-conforming Goods.
Selection from standard options offered to all Customers does not in itself determine that Goods are individual. Before an order is placed, the Seller clearly states whether the configuration constitutes Individual Goods and how that affects the right of withdrawal.
For Individual Goods, the recorded specification accepted by the Customer forms part of the Sales Contract. The Customer should verify measurements, spelling, colours and all other details. The Seller is responsible for compliance with the agreed specification, subject only to objectively justified production tolerances disclosed before ordering.
The status “awaiting information” means that feasibility is being assessed and allows the Customer to withdraw the request without cost if no Sales Contract has yet been concluded. “Accepted for production” or “production” means that manufacturing has begun. For Individual Goods, a later change or cancellation requested by the Customer requires the Seller's agreement; this does not affect the Customer's statutory rights.
Reproducing a discontinued model requires confirmation that its cut, construction and character can be recreated. The Seller may use currently available technical labels or finishing elements only if this does not alter the agreed features or the Customer accepts the change before implementation.
Natural differences between batches of fabric, leather, knitwear and accessories may produce slight variations in shade, texture or pattern placement. They do not exclude the Seller's liability if they affect conformity with the contract or exceed characteristics typical of the material.
If a material or component is unavailable, defective or technologically unsuitable, the Seller will not substitute another material affecting material characteristics without the Customer's agreement. It may offer an equivalent material, a revised date, or cancellation of the affected item with a full refund.
A specification may be changed during production if the stage of work permits. Before implementing it, the Seller confirms its effect on price, timing, appearance and classification as Individual Goods. A change becomes part of the contract once accepted by the Customer on a durable medium.
If a change is required for reasons attributable to the Seller, the Customer may accept it or withdraw from the affected part of the contract and receive a refund. Silence does not constitute agreement to a material change.
Where an order includes different categories of Goods, classification and withdrawal rights are assessed separately for each item.
The Priority Fulfilment Service does not change the classification of Goods as In-Stock Goods, Goods Made After Ordering, Goods Made at the Customer's Request or Individual Goods. It does not create an individual characteristic and does not itself exclude withdrawal from the Sales Contract.
Organisational priority does not permit the Seller to omit technological stages, substitute materials or change a specification. Where materials are unavailable, a change is required or another circumstance affects the deadline, this paragraph and the Priority Fulfilment Service rules in §5 apply accordingly.

§ 7 PURCHASES WITH ADVANCE PAYMENT (INSTALMENTS)

Instalment sales in the former form of advance payments or reservations operated directly by NEGATIV remain suspended.
If the Store provides financing through PayU Instalments, Klarna, PayPo or another provider, the credit or deferred-payment agreement is concluded directly between the Customer and that provider under the terms presented before the service is used.
Use of external financing does not limit the Consumer's statutory right to withdraw from the Sales Contract or rights arising from non-conformity of the Goods. The legal provisions and provider's terms determine the effect of withdrawal on the financing agreement.

§ 8 EXCHANGE OR RETURN OF PURCHASED GOODS

A Consumer may withdraw from a distance Sales Contract within 14 days without giving a reason, subject to statutory exceptions. Sending an unequivocal statement before the deadline is sufficient.
The statement may be submitted through https://store.negativbrand.com/de/returns, by post to GRUPA WECON, Dworska 27A, 95-015 Głowno, Poland, or by email to bok@negativbrand.com. Use of the form, a Return Number or any prescribed format is not mandatory. The Seller promptly confirms an electronic submission.
The period begins when the Consumer or a designated third party other than the carrier takes possession of the Goods; for multiple Goods delivered separately, it begins on receipt of the final Goods, lot or part.
The Consumer must return the Goods promptly and no later than 14 days after withdrawal to: NEGATIV STORE, RETURNS DEPARTMENT, GRUPA WECON, Dworska 27A, 95-015 Głowno, Poland. The deadline is met if the Goods are dispatched before it expires.
The Consumer bears the direct cost of returning the Goods unless the Seller agrees to bear it. The sender bears responsibility for the return parcel until it reaches the Seller, so a tracked method and suitable protection are recommended.
The Seller refunds all payments received, including the cost of the least expensive standard Delivery offered for the order, no later than 14 days after receiving the withdrawal statement. It may withhold the refund until it receives the Goods or evidence of dispatch, whichever occurs first.
The refund is made using the original payment method unless the Consumer expressly agrees to another cost-free method. Crediting the Settlement Account requires a separate instruction from the Consumer and cannot be imposed.
The Consumer is liable only for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods. Clothing may be tried on as in a physical store. Removal of labels or a seal, odours, stains, washing or wearing may affect value but do not automatically extinguish the right of withdrawal.
A receipt, invoice, original packaging, form and Return Number facilitate identification, but their absence does not deprive the Consumer of the right of withdrawal if the purchase can be proven otherwise. The Seller does not accept cash-on-delivery return parcels.
The right of withdrawal does not apply in statutory cases relevant to the contract, particularly Individual Goods described in §6 and sealed Goods which are not suitable for return for health-protection or hygiene reasons once unsealed after Delivery.
Goods Made After Ordering and standard Goods Made at the Customer's Request are not exempt from withdrawal merely for that reason. Discounted or promotional Goods, Goods purchased in an online auction or using external financing remain subject to statutory withdrawal rights under the general rules.
If payment was made using a Gift Card, NEGATIV PayBack voucher or promotional credit, the refund follows the original payment structure: the monetary portion is refunded in money and the portion paid with an instrument or voucher is restored as the corresponding balance or entitlement. This does not reduce the amount due to the Consumer following withdrawal.
Irrespective of the classification of the Goods, the Consumer may withdraw from a distance contract for the Priority Fulfilment Service within 14 days of its conclusion. This right expires early only once the service has been fully and properly performed, provided the Consumer previously expressly requested performance to begin and acknowledged the loss of the withdrawal right upon full performance.
Selecting the Priority Fulfilment Service does not limit withdrawal from the Sales Contract. Upon effective withdrawal from the Sales Contract, the linked Priority Fulfilment Service contract expires, subject to settlement of services performed up to that time.
If the Consumer withdraws before the Priority Fulfilment Service begins or the service was not performed by the declared deadline, the fee is refunded in full. A full refund is also due if the Seller began performance before the withdrawal period expired without the Consumer's required express request or without providing the required information.
If the service began at the Consumer's express request before the withdrawal period expired but had not been fully performed at the time of withdrawal, the Consumer may be charged only an amount proportionate to the service actually supplied. The extent is assessed by reference to objectively completed and documented stages of priority organisation, taking account of the agreed price or, if that price is excessive, the market value. The Seller provides the calculation and refunds the remainder.
If the Priority Fulfilment Service was fully and properly performed before the withdrawal period expired, with the Consumer's prior express consent and acknowledgement that the right to withdraw from the service contract would be lost after full performance, the fee is not refundable. This applies only to the properly performed ancillary service and does not affect the refund of the price of the Goods or other amounts due following withdrawal from the Sales Contract.
Independently of statutory withdrawal, the Seller may offer a voluntary exchange of conforming Goods. Its conditions, period, variant availability and costs are stated when the exchange is accepted. A voluntary exchange does not limit statutory rights.

§ 9 COMPLAINTS CONCERNING GOODS

The Seller is liable to the Consumer for non-conformity of the Goods under the Polish Consumer Rights Act. For other Customers, the Polish Civil Code provisions on the statutory warranty for defects apply, subject to modifications permitted for entrepreneurs.
Goods conform to the contract if they correspond to the description, type, quantity, quality, completeness and functionality, are fit for the agreed and ordinary purposes, and have the characteristics a Consumer may reasonably expect, taking account of public statements and any sample or model.
The Seller is liable for non-conformity existing at Delivery and disclosed within 2 years. Non-conformity disclosed within 2 years is presumed to have existed at Delivery unless proven otherwise or the presumption is incompatible with the nature of the Goods or non-conformity.
The Consumer may initially require repair or replacement. The Seller may replace instead of repairing, or repair instead of replacing, where the chosen remedy is impossible or would impose excessive costs. If both are impossible or excessively costly, the Seller may refuse to bring the Goods into conformity.
Repair or replacement is carried out within a reasonable time, without significant inconvenience and at the Seller's expense, including postage, transport, labour and materials. The Consumer makes the Goods available and the Seller collects them at its expense.
The Consumer may demand a price reduction or, where non-conformity is material, withdraw from the contract if a statutory condition is met, including where the Seller refused or failed properly to bring the Goods into conformity, non-conformity persists, is sufficiently material to justify an immediate reduction or withdrawal, or the Seller states that conformity will not be achieved within a reasonable time or without significant inconvenience.
A complaint may be submitted by email to bok@negativbrand.com, in writing to the Seller's address, in person or through https://store.negativbrand.com/de/returns. It is helpful to provide contact details, the order number, a description of the non-conformity, when it was discovered and the requested remedy.
Proof of purchase, a form, Return Number and transport damage report are not mandatory if the purchase or circumstances can be proven otherwise. The Goods should be sent only after agreeing how they will be made available or collected at no cost where this is necessary to consider the complaint.
The Seller responds to a Consumer complaint within 14 days of receipt. Failure to respond within that period means the complaint is accepted.
The reduced price bears the same proportion to the contract price as the value of the non-conforming Goods bears to the value of conforming Goods. The resulting amount is refunded no later than 14 days after receipt of the Consumer's price-reduction statement.
Following effective withdrawal for material non-conformity, the Consumer returns the Goods at the Seller's expense and the Seller refunds the price no later than 14 days after receiving the Goods or evidence of their dispatch.
Differences in dimensions, colour, texture and workmanship are assessed in light of the agreed specification, material characteristics, handcrafted nature of production and disclosed tolerances. No predetermined tolerance or difference caused by display settings excludes a complaint where the Goods objectively fail to conform.
Any manufacturer's or other guarantor's commercial guarantee is voluntary and independent of the Seller's liability. Absence of a commercial guarantee does not limit rights arising from non-conformity.
Complaints concerning electronic services, the Priority Fulfilment Service, Settlement Account, NEGATIV PayBack or Gift Card may be submitted through the channels above. The Seller responds within 14 days, stating the outcome and reasons.
Failure to meet the Priority Fulfilment Service deadline, failure to apply the agreed priority, or any reduction in quality or inspection constitutes improper performance. Without limiting other rights, the Customer may cancel the service and demand a full fee refund if the declared deadline was missed and no new date was accepted. A service complaint does not limit separate claims concerning the Goods.

§ 10 FREE SERVICES AND LIABILITY

The Seller supplies the following electronic services free of charge: maintaining the Customer Account, operating the basket and forms, transactional notifications, an optional SMS service, friend invitations, the Settlement Account and NEGATIV PayBack.
Alongside free services, the Seller offers the paid Priority Fulfilment Service, ordered electronically only together with designated Goods. It is not an automated digital function but individually assigned organisation of the preparation or production of particular Goods. Its conclusion, performance, withdrawal and complaint rules are set out in §5, §8 and §9 respectively.
The free electronic services listed above are available 24 hours a day, subject to maintenance, failures and force majeure. The Seller takes appropriate measures to ensure continuity and security.
The marketing SMS or email service operates only with the required consent. Consent may be withdrawn at any time without affecting the lawfulness of earlier activity. Notifications necessary to perform a contract are not marketing.
A contract for a single form or basket service ends when the relevant action is completed. Contracts for the Customer Account, Settlement Account and NEGATIV PayBack are for an indefinite period and may be terminated by the Customer at any time.
The Seller may terminate an ongoing service for a valid reason and with appropriate notice, particularly if a feature is discontinued, the law changes, a permanent technological change occurs or these Terms and Conditions are seriously breached. Funds and acquired rights are settled according to their nature and applicable law.
The Seller is liable for non-performance or improper performance under applicable law. Limitations of liability towards entrepreneurs do not apply to intentionally caused damage or where liability cannot legally be excluded.
The Seller is not liable for disruption caused exclusively by the Customer's device, software or connection, or for the consequences of the Customer disclosing login details, unless a circumstance for which the Seller is responsible contributed to the event.

§ 11 NEGATIV SETTLEMENT ACCOUNT

The NEGATIV Settlement Account is a technical record of settlements between the Customer and the Seller. It is not a bank account, payment account, electronic wallet, payment instrument or electronic-money storage service.
The Settlement Account may record Customer overpayments, amounts left for future purchases at the Customer's express instruction, settlement adjustments, Gift Card balances and NEGATIV PayBack voucher values. The system distinguishes the source because different withdrawal rules apply to each entry.
Money originating from the Customer's payment or a refund due may be paid out at the Customer's request unless already used or the law requires reimbursement through the original payment method. Leaving a refund in the Settlement Account always requires the Customer's free instruction.
NEGATIV PayBack points and vouchers and promotional top-ups are not money and cannot be paid out. They may be used only under §12. Gift Card balances are governed by §13.
The balance does not earn interest. Recorded monetary overpayments and valid indefinite balances do not expire, subject to mandatory statutory limitation periods.
The Customer can view the available balance and history in the Customer Account. A discrepancy may be reported at any time through the channels in §9; the technical period for displaying history does not restrict the ability to prove rights by other evidence.
The Seller applies technical and organisational measures appropriate to the risk, including backups and access controls. For security reasons, infrastructure details do not constitute a commitment to a particular technology or backup time.
Closing the Customer Account does not forfeit a payable overpayment. Before or promptly after closure, the Seller settles monetary funds and deals with promotional rights under §12 and §13.

§ 12 NEGATIV PAYBACK

NEGATIV PayBack is the Seller's proprietary free loyalty system, combining the history of the Customer's relationship with the brand, awarding points for designated purchases and exchanging points for shopping vouchers. It is not a payment service or a conventional points wallet exchangeable for money.
A participant is a Customer with an active Customer Account. Points are assigned to the Card Number and cannot be sold, transferred or paid out.
One point is awarded for every full PLN 2 of the price actually paid in money for participating Goods, unless a more favourable value is shown for the Goods. Delivery costs and amounts covered by an overpayment, Gift Card, voucher, discount or set-off do not increase the number of points.
Participation of Goods and the anticipated points are indicated with the offer. Promotional, discounted, auction or other expressly excluded Goods may not participate. Changes to accrual rules do not apply retrospectively to points due under an existing Sales Contract.
Points are awarded once the order is settled. For advance payments, this occurs 14 days after receipt of the parcel; for payment on delivery, points may remain blocked until payment is confirmed. Points relating to returned, unpaid Goods or Goods covered by effective withdrawal are reversed.
Points may be exchanged in “My Account” for shopping vouchers with values of PLN 20, PLN 60, PLN 160, PLN 300, PLN 480 and PLN 700, according to the thresholds shown in the panel. An exchange cannot be reversed after the voucher has been used.
A PayBack voucher cannot be paid out or exchanged for money. If the order value is lower than the voucher value, the unused portion is neither paid out nor restored, as disclosed before use.
Payment with a voucher does not limit statutory withdrawal or complaint rights. If an amount is refunded, the portion paid by voucher is restored as a voucher or corresponding promotional balance, and the monetary portion is refunded in money.
Points accrued since 1 November 2010 and correctly recorded in the Account remain valid indefinitely while the programme operates. They are not forfeited merely because the Card Number changes; after identity verification, the Seller may restore access to the correct balance.
The Seller may correct points awarded due to an error, return, cancellation, non-payment or abuse after explaining the reason to the Customer. Where fraud is reasonably suspected, use of points may be temporarily blocked while the matter is investigated, without affecting rights validly acquired under these Terms and Conditions.
The Seller may end the programme for a valid reason by giving participants at least 60 days' notice and allowing correctly accumulated points to be used during that period. Programme changes follow §14 and may not arbitrarily remove acquired rights.
If, without prior agreement with the Seller, a cash-on-delivery parcel is not collected, orders are placed without payment, the Account is used contrary to these Terms and Conditions, or good commercial practice is otherwise seriously breached, the Seller reserves the right to delete accumulated unused points. In the event of repeated problems, the Seller may suspend the Customer's participation entirely until the matter is clarified.

§ 13 NEGATIV GIFT CARDS

A NEGATIV Gift Card is a voucher entitling its holder to pay for Goods in the Store up to its available balance. It is not a credit card, payment instrument or electronic money.
A Card may be topped up with an amount from PLN 50 to PLN 2,000 unless the offer specifies other limits. Its balance equals the amount actually paid for the top-up, excluding Delivery. If a discount was applied to the purchase, the balance equals the amount paid for the top-up itself.
The Card is valid indefinitely. It cannot be redeemed for or paid out in cash except where required by law. Any unused balance remains available for future purchases.
If the balance is insufficient, the Customer may pay the difference using a method available in the Store. For purchases in a currency different from the Card currency, conversion takes place at the rate disclosed before payment.
A physical Card may be sent to the address specified in the order by tracked post. Delivery and risk are governed by §5.
NEGATIV PayBack points may be awarded to the Card purchaser if stated in the offer. No points are awarded for the portion of an order paid with the Card.
Due to its individual characteristics, such as printed wishes or a named dedication, purchase of a Card is not subject to the right of withdrawal under §8.
Loss of a physical Card should be reported promptly. If the balance and entitled person can be identified, the Seller may block the Card and restore the balance; it is not liable for use before an effective report unless caused by circumstances for which it is responsible.

§ 14 FINAL PROVISIONS

This version of the Terms and Conditions takes effect on 6 July 2026 and replaces the previous version, without affecting acquired rights or the rules applicable to Sales Contracts concluded earlier.
The Seller may amend these Terms and Conditions for a valid reason: a change in law or binding interpretation, a decision of an authority, changes to the Seller's details, Store functionality or technology, payment or Delivery methods, security rules, the Priority Fulfilment Service or the loyalty programme.
A change affecting ongoing services is communicated to Customers on a durable medium at least 14 days before taking effect, stating its scope, reason and effective date. Before that date, the Customer may terminate the affected service. A change does not affect orders placed earlier.
A change to the range of Goods eligible for the Priority Fulfilment Service, the fixed or percentage method for determining its price, or the fee amount is a change to the current commercial offer, not to an existing contract. The availability, calculation method, price and deadline confirmed for the Customer's order remain binding.
Matters not governed by these Terms and Conditions are subject to Polish law, particularly the Polish Civil Code, Consumer Rights Act, Act on Providing Services by Electronic Means, Act on Information on Prices of Goods and Services, Electronic Communications Law, Value Added Tax Act and personal-data protection legislation.
The choice of Polish law does not deprive a Consumer habitually resident in another country of the protection provided by mandatory provisions of the law that would apply in the absence of that choice.
The Customer may use out-of-court dispute-resolution methods, in particular by asking the competent Provincial Inspector of Trade Inspection for mediation or applying to a permanent arbitration court at the Trade Inspection. Information is available from the Polish Office of Competition and Consumer Protection (UOKiK). The Seller's participation requires its consent unless specific law provides otherwise.
Disputes involving a Consumer are heard by the court having jurisdiction under generally applicable law. For disputes with a Customer who is neither a Consumer nor an Entrepreneur with Consumer Rights, the court for the Seller's place of business has jurisdiction where such an agreement is legally permitted.

§ 15 COOKIE POLICY AND PERSONAL DATA PROTECTION

The Seller is the controller of personal data. Contact for data-protection matters: iod@negativbrand.com or by post to the Seller's address marked “Data Protection”.
Data is processed in particular to conclude and perform contracts, maintain the Customer Account, process payments, Delivery, returns and complaints, comply with tax and accounting obligations, ensure security, establish or defend claims and, where there is a proper legal basis, conduct marketing.
The legal basis is, as applicable, performance of a contract, a legal obligation, legitimate interests or consent. Providing data required for an order is voluntary but necessary to conclude and perform the contract.
Data may be entrusted to hosting, IT, payment, accounting, communications and Delivery providers and disclosed to authorised authorities. Transfers outside the European Economic Area take place only on a required legal basis and with appropriate safeguards.
Depending on the basis and circumstances, a data subject has rights of access, rectification, erasure, restriction, portability, objection, withdrawal of consent and complaint to the President of the Polish Personal Data Protection Office (UODO).
Detailed information on retention periods, recipients, profiling and rights is available in the GDPR notice: click here.
Information on cookies, the legal bases for their use and consent settings is available in the Cookie Policy: click here. Cookies other than essential cookies are activated in accordance with the Polish Electronic Communications Law and data-protection legislation.

INFORMATION FOR CONSUMERS ON EXERCISING THE RIGHT TO WITHDRAW FROM A DISTANCE CONTRACT

prepared on the basis of Annex 1 to the Polish Consumer Rights Act of 30 May 2014

Right of withdrawal
1. You have the right to withdraw from this contract within 14 days without giving any reason, subject to the exceptions described in §8 and §6 of these Terms and Conditions.
2. The withdrawal period expires 14 days after the day on which you acquire physical possession of the Goods or a third party other than the carrier and indicated by you acquires possession; for multiple Goods delivered separately, it runs from possession of the last Goods.
3. To exercise the right of withdrawal, you must inform GRUPA WECON (TTL),Dworska 27A, 95-015 Głowno, Poland, email: bok@negativbrand.com, tel. +48 792 70 70 70, of your decision by an unequivocal statement.
4. You may use the statutory model withdrawal form or the form at https://store.negativbrand.com/de/returns, but this is not mandatory. If you use the online form, we will promptly acknowledge receipt by email.
5. To meet the deadline, it is sufficient to send your communication concerning exercise of the right before the period expires.
Effects of withdrawal
1. If you withdraw, we will reimburse all payments received, including the cost of the least expensive standard Delivery offered by us, without undue delay and no later than 14 days after receiving notice of your decision.
2. We will reimburse you using the same payment method unless you expressly agree to another cost-free method. We may withhold reimbursement until we receive the Goods or evidence that they have been sent back, whichever occurs first.
3. If the order included the Priority Fulfilment Service, the related ancillary contract expires upon withdrawal from the Sales Contract. The fee is settled under §8: as a rule it is refunded, except for payment due for a service properly supplied at your express request before withdrawal, calculated in accordance with the law.
4. Please return the Goods to: NEGATIV STORE, RETURNS DEPARTMENT, GRUPA WECON, Dworska 27A, 95-015 Głowno, Poland, without undue delay and no later than 14 days after notifying us of withdrawal. The deadline is met if the Goods are sent before it expires.
5. You bear the direct cost of return. You are liable only for diminished value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

DISPLAY SETTINGS AND CALIBRATION

A properly configured and calibrated display should show the full greyscale range: the field marked 0 should be completely black and the field marked 100 completely white. Colour perception is also affected by display technology, colour profile and lighting. This information helps in assessing photographs but does not limit the Seller's liability for conformity of the Goods with the contract.

Notes

These Terms and Conditions reflect the specific nature of NEGATIV's in-house manufacture. Individual information recorded in an order confirmation supplements these Terms and Conditions but cannot limit the Customer's mandatory rights.