Terms and conditions B2B of WALLCOLORS
Read the terms and conditions of your purchases. Learn about your rights.
This regulation defines the rules of cooperation, settlements, order placement, and service provision on the wallcolors.com website, accessible via the wallcolors.com website.
The service provider is wallcolors sp. z o. o. located in Trzebinia, Przemysłowa 8 street, 32-540 Trzebinia, entered into the National Court Register under the number KRS 0000964370, NIP 6282286943, REGON 52179221300000, with the share capital of 100,000.00 PLN.
Terms used in the regulation mean:
Partner – a natural person (having full legal capacity) or a legal person who conducts activity related to interior design, architectural services, or home equipment sales. A Partner can only be an Entrepreneur,
Entrepreneur - a Partner using the Service for professional purposes, being a legal entity or a natural person conducting a business activity,
Partner Account - an individual account of the Partner in the Service, containing individual data of the Partner and enabling the use of Services provided through the Service,
Service – the full range of services provided electronically by the Service Provider to the Partners within the scope defined in the Regulation. The essence of the service is to enable access via the internet network to the Service and materials available through it,
Client - a client of the Partner, making purchases of products from the Service Provider upon the recommendation of the Partner,
Service Provider - the entity providing Services on the basis of this Regulation,
Parties - Partner and Service Provider together,
Order - an agreement concluded between the Partner and the Service Provider or the Client and the Service Provider,
Service – the internet service maintained by the Service Provider in the wallcolors.com domain.
Regulations – this document along with all its attachments.
The Service offers access via the internet to the Partner Account, where the Partner has an overview of the Order history, settlement history, and available discounts.
Detailed information about the Services can be found on the wallcolors.com website, as well as being made available via e-mail at the Service Provider's e-mail address.
The Partner may contact the Service Provider by mail and electronically at the addresses indicated below: For matters concerning the terms of the contract email: [email protected] , phone number: +48 788 777 806 For matters concerning orders email: [email protected] , phone number: +48 788 777 865
Orders in the Service can be placed 24/7.
Copying, sharing, or reselling access to the Service to third parties is prohibited. The Partner may transfer the Partner Account to another entity only with the prior consent of the Service Provider expressed in documentary form.
The Service Provider provides electronic services to Partners based on distance contracts between the Partner and the Service Provider. As part of the electronic services provided, the Service Provider offers digital services to Partners.
The Service Provider does not charge a fee for providing Services - electronic services - to Partners. Possession of a Partner Account by a Partner is free of charge.
To use the Website and place orders through the Website (i.e., to set up a Partner Account), the Partner must meet the following technical requirements:
have a computer, laptop, or other device with internet access,
have access to email,
use an internet browser (in the latest versions),
use a minimum screen resolution of 1024x768, and for mobile devices - 360 x 768,
enable the ability to save cookies in the browser.
The essence of the Services is to provide access via the internet to the Website. Through the Website, the Service Provider offers, among others, the following types of Services:
Access to materials published on the Website,
Order History,
Cashback for purchases - exchanging cashback for discount coupons,
Tool for communication with the Service Provider,
Partner Accounts,
Newsletter.
The Service Provider provides Services in accordance with the interoperability, compatibility, and functionality described in the Terms and Conditions, understood as:
functionality - the ability of digital content, digital service, or goods to perform their functions considering their purpose, the concept of functionality refers to the possible ways of using digital content or digital service,
compatibility - cooperation of digital content, digital service, or goods with computer hardware or software that are typically used to use digital content, digital service, or goods of the same kind, without the need for their transformation,
interoperability - the ability of digital content, digital service, or goods to cooperate with computer hardware or software other than those typically used to use digital content, digital service, or goods of the same kind, the concept of interoperability refers to whether and to what extent digital content or digital service can cooperate with computer hardware or software other than the computer hardware or software with which digital content or digital services of the same kind are usually used.
Concluding a contract for the provision of the Partner Account Service is free of charge. The contract for the provision of the Partner Account Service in this case is concluded at the moment of full and correct: registration in the Service, submission of an application for activation of the Partner Account, and after approval of the creation of the Partner Account by the Service Provider.
Concluding a contract for the provision of the Newsletter service is free of charge and occurs at the moment of full and correct registration for the Newsletter through the Service. The contract is concluded for an indefinite period. The Partner may terminate the contract for the provision of the above service at any time by completing the procedure provided by the Service Provider by pressing the "Unsubscribe" button.
The Partner Account allows placing Orders in the Service Provider's online store, under the terms specified in the online store's terms and conditions. Placing Orders, payments for them, and all other rules related to ordering, execution, and shipping of items being the subject of the Order are defined in the online store's terms and conditions of the Partner, available on the website: https://wallcolors.com/pl/strona/regulamin. In case the Order is placed by the Partner, it is treated as a sales contract concluded between entities that are entrepreneurs not being Consumers, and therefore the provisions on consumer protection do not apply to it. In the case of concluding an Order between the Client and the Service Provider - the nature of the sales contract due to consumer protection depends on the status of the Client.
Partners register individual Partner Accounts on the Service.
Individual accounts enable Partners to use the Services provided by the Service.
Registration in the Service is done by filling out a registration form (in which the following data must be provided: email address, first name, last name, account password, data concerning business activity, including address of the headquarters (city, postal code, country), tax identification number. After completing the registration form, in the Partner Account, the Partner can apply for full activation of the Partner Account by submitting an application in the "My B2B account" tab.
Full registration and activation of the Partner Account occurs after the Service Provider confirms the registration of the Partner Account and verifies the Partner's eligibility to establish a Partner Account. Upon confirmation of the establishment of the Partner Account by the Service Provider, a cooperation agreement with the content of these Terms and Conditions is concluded between the Parties.
It is not allowed to create a Partner Account by a person who is not an Entrepreneur.
It is not allowed to provide false data.
It is not allowed to create a Partner Account using automation.
All actions taken by Partners should be in accordance with applicable laws and good manners.
Each Partner undertakes to:
use the functionalities and resources of the Service in accordance with the purpose of the Service,
comply with the principles of law and good manners,
respect the rights and personal goods of other Partners and the Service Provider,
not act to the detriment of other Partners, Clients, the Service Provider, the Service, and third parties.
The Service Provider undertakes to take all actions aimed at ensuring proper, safe, continuous, and error-free access to the Service.
The Service Provider is not responsible for:
actions taken by Partners,
not meeting specific requirements of the Partner, other than those resulting from the general assumption of the Service,
temporary technical errors that occur during the operation of the Service.
The Service Provider is not responsible for damages caused by third parties who accessed the Service using the correct data (login and password) of the Partner.
The Service Provider is not responsible for damages and all other consequences caused by the disclosure of the Partner's password or login to a third party.
The Service Provider is not responsible for any disruptions in the operation of the Service system caused by technical problems in computer hardware and software used by the Partner, as well as the failure of the Internet network, force majeure, or unauthorized interference by third parties, which prevent the Partner from using the Service.
In case of notification of access to the Service by an unauthorized person, the Service Provider will take immediate steps to secure the collected data.
The Service Provider will regularly create backups of data placed in the Service, in order to minimize the risk of data loss through the actions of unauthorized persons or technical errors in operation.
The Service Provider reserves the right to intervene in the Partner Account in order to remove irregularities in the operation of the Service, disruptions in the operation of the Account, or to make improvements and extend the scope of the Service.
The Service Provider has the right to make changes in the Service, in connection with ongoing work on improving and modernizing the Service. In particular, the Service Provider has the right to change the functionality of the Service. Information about changes in the functionality of the Service will be communicated to the Partner by email.
The Parties undertake to cooperate in the promotion and sale of products of the Service Provider, which can be purchased in the Service Provider's online store.
In the implementation of the subject of the contract, the Partner undertakes towards the Service Provider that in providing services to Clients, they will offer and promote the goods and services of the Service Provider.
Detailed rules concerning the cooperation of the Parties and the placing of Orders by Clients or the Partner are specified in Annex No. 1 to the Terms and Conditions.
The Parties will make settlements of the cooperation in the manner specified in Annex No. 1 to the Terms and Conditions.
The agreement for the provision of the Partner Account Service and the cooperation agreement with the content specified in these Terms and Conditions is concluded for an indefinite period.
Either Party may terminate this agreement with a one-month notice period, effective at the end of the calendar month.
The Service Provider may terminate this Agreement with immediate effect if the Partner breaches significant provisions of the Agreement.
The Service Provider may terminate this Agreement with a 14-day notice period in cases where:
The Partner tarnishes the good name or image of the Service Provider,
The Partner infringes the copyright rights of the Service Provider,
The Partner fails to fulfill the obligations entrusted under this Agreement, or the manner of service provision deviates from the accepted market standards,
The Partner breaches other, non-significant provisions of the Agreement, despite being called to remedy the breach within 7 days of receiving the notice.
The Partner is entitled to report any irregularities in the operation of the Service within 14 days of the occurrence of the irregularity. Such remarks should be submitted via an email sent to [email protected] . The description of the occurred irregularity should enable the Service Provider to identify and rectify the problem.
All potential errors in the operation of the Service, comments and information about the operation of the Service, as well as violations of the Terms and Conditions, should be reported to the Service Provider electronically.
The data of Partners will be used exclusively for the purpose for which they have been provided, and the Service Provider undertakes not to disclose them to third parties unless otherwise required by generally applicable laws.
Detailed regulations concerning the protection of personal data are contained in the Privacy Policy document, available on the Website.
Given that the Partner may transfer personal data of Clients to the Service Provider, the parties have concluded an Agreement on entrusting the processing of personal data.
The Service Provider reserves the right to change the Terms and Conditions at any time, for significant reasons, particularly due to changes in applicable laws or technical and organizational changes in the way Services are provided, as well as in the case of changes in the legal organization of the Service Provider's activity.
The Service Provider will inform the Partners about the changes and their content 14 days before their implementation. Information will be communicated to the Partner via an email sent to the address provided during registration.
The Partner expresses consent to the change of the Terms and Conditions by selecting the appropriate checkbox in the Partner Account under the text informing about the change of the Terms and Conditions.
In case of not agreeing to the change of the Terms and Conditions, the Partner is entitled to terminate the Agreement with a one-month notice period.
The Service Provider informs the Partner about updates, including those related to security, necessary to maintain the Service's compliance with the agreement, and the Partner should then install these updates within a reasonable time, particularly within the period indicated by the Service Provider.
If the Partner does not install updates provided by the Service Provider within a reasonable time as per paragraph 1 above, the Service Provider is not responsible for any non-compliance of the Service with the agreement resulting solely from the lack of updates, provided that:
the Service Provider informed the Partner about the update and the consequences of not installing it,
the failure to install or improper installation of the update did not result from errors in the installation instructions provided by the Service Provider.
The Parties undertake to maintain confidentiality regarding the information exchanged mutually during cooperation.
Confidential information within the meaning of these Terms and Conditions refers to information constituting a trade secret as defined in Article 11(4) of the Act on Combating Unfair Competition, as well as all information, regardless of the method of transmission or the type of information carrier on which it was transmitted, the disclosure of which could cause any harm to one of the Parties or third parties.
The above obligation does not apply to information that:
has been made public in a manner that does not constitute a violation of these Terms and Conditions;
is known to the Party from other sources without the obligation of secrecy and without violating these Terms and Conditions;
can be made public based on the written consent of the other Party.
Exemption from the obligation referred to in paragraph 1 is possible only after obtaining written consent each time from the other Party, under penalty of invalidity. In such a case, the third party to whom confidential information will be disclosed will be obliged to sign a confidentiality commitment – with content analogous to this Agreement.
The Parties undertake to take all necessary steps to ensure that none of the persons receiving the Parties' confidential information discloses this information or its source, either in whole or in part, to third parties without obtaining prior explicit written authorization from the Party to which the information or source of information relates.
The Parties undertake to disclose confidential information only to those employees, collaborators, and advisors for whom it is necessary to perform the tasks entrusted to them and only to the extent that the recipient of the information must have access to them for the purposes of the Parties' cooperation.
The Parties are obliged to use confidential information exclusively for the purposes specified in these Terms and Conditions, the arrangements of the Parties, and with the highest care for the good and protection of the interests of the other Party.
The obligation to maintain confidentiality lasts for the period of cooperation of the Parties and for 10 years after its termination.
All materials, including graphic elements, layout and composition of these elements, trademarks, and other information available in the Service are the subject of the exclusive rights of the Service Provider. These elements are subject to copyright, industrial property rights, including trademark registration rights, and rights to databases, and as such are legally protected.
Downloading or using in any scope the materials available within the Service requires each time the consent of the Service Provider and must not violate the provisions of these Terms and Conditions or generally applicable law, nor should it infringe upon the interests of the Service Provider.
It is prohibited to modify and copy elements of the Service.
In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply, in particular the Act of April 23, 1964 - Civil Code, and the Act of May 30, 2014, on consumer rights. The applicable law for contracts concluded with Consumers is Polish law, unless the law applicable to the Consumer's place of residence regulates their rights in a more favorable manner for the Consumer. The applicable law for contracts concluded with Entrepreneurs is Polish law.
The competent court for resolving disputes with an Entrepreneur is the court competent for the seat of the Service Provider.
These Terms and Conditions are effective from December 1, 2023.