§1. General Provisions
- These Terms and Conditions define the rules for making purchases in the Wallcolors online store – www.wallcolors.com, operated by wallcolors sp. z o.o., ul. Przemysłowa 8, 32-540 Trzebinia, NIP 6282286943, KRS 0000964370, REGON 52179221300000, registered in the National Court Register.
- Terms used in the Regulations mean:
- Customer – a natural person (with full legal capacity) or a legal entity who has made or intends to make a purchase in the Wallcolors online store. The Customer may be both a consumer and a business entity;
- Consumer – as defined by the Civil Code of April 23, 1964 – a Customer who, as a natural person, performs a legal action not directly related to their business or professional activity. A Consumer, within the meaning of these Terms and Conditions, also includes sole proprietors entering into contracts not of a professional nature based on their business activity;
- Seller – wallcolors sp. z o.o., ul. Przemysłowa 8, 32-540 Trzebinia, NIP 6282286943, KRS 0000964370, REGON 52179221300000;
- Store – the online store maintained by the Seller at www.wallcolors.com;
- Terms and Conditions – this document along with all its attachments.
- The Store offers retail sales of wall prints – posters, wallpapers, canvas prints, and accessories – via the internet. These products are available as made-to-order items tailored to individual Customer specifications.
- Detailed information about the products is available at www.wallcolors.com, and also by email from the Seller's contact address.
- The Customer may contact the Seller by mail at the address specified in point 2b, by email at hello@wallcolors.com, or by phone at +48 788 777 865.
- Orders can be placed in the Store 24/7. Responses to Customer emails, phone support, and order fulfillment are carried out Monday to Friday, from 8:00 AM to 4:00 PM.
§2. Terms of Service Use
- To place an order via the Store, the Customer must meet the following technical requirements:
- have a computer, laptop, or another device with internet access;
- have access to email;
- use a web browser (Internet Explorer 7.0 or newer, Mozilla Firefox 3.0 or newer, Opera 11.0 or newer, Google Chrome 20.0 or newer, Safari 5.0 or newer);
- use a screen resolution of at least 1024x768;
- enable cookies in the browser.
- The online Store provides electronic services such as User Account, Newsletter, and Order Form. These services are provided free of charge.
- The above services are provided for an indefinite period. The Customer may cancel any of these services at any time without providing a reason by sending an appropriate email to the Seller. A Customer who is a consumer may withdraw from the service agreement without giving a reason within 14 days from the date of placing the service order.
§3 Conclusion of Contracts
- The contract is concluded between the Seller and the Client.
- All prices on the Store’s website are gross prices (including VAT) specified in Polish zloty. Product prices do not include shipping costs.
- The Seller takes due care to ensure that product pattern photos reflect their color, character and texture. However, due to differences in resolution, calibration and screen brightness, or the use of a flash, product colors in the photos may slightly differ from reality. For this reason, the Seller also provides a description of the product and its color. In case of doubt, please contact the Seller in advance.
- The color of the product print may slightly differ from the color shown on the Store’s website, which results from the nature of the printing process. This is due to acceptable variations in color saturation of approximately 5% and the monitor settings on which the product color was displayed.
- Orders may be placed via the Store’s website using the Order Form (without registration) or through a User Account. The Seller does not offer phone or in-person sales.
- To make a purchase, the Client selects the desired products in the Store and then chooses the following parameters: type of product, material, size, pattern repetition type and additional effects. After customizing the product, it is added to the cart by clicking the "Add to cart" button. Then, in the "Cart" view, the Client can choose the quantity. After selecting all products, the Client proceeds to the delivery and payment method selection page.
- Next, the Client clicks the "Order and pay" button, which redirects to a page containing order information, including main features of the ordered products, total price with taxes and delivery charges, and Client’s data from the order form.
- To complete the order, the Client must confirm it by clicking the "Order and pay" button below the order summary.
- Clicking the "Order and pay" button is equivalent to a declaration of knowledge that placing the order entails an obligation to pay.
- The sales contract is concluded at the moment the Client confirms the order by clicking the "Order and pay" button.
- The payment deadline is the day the payment should be credited to the Seller’s account.
- To use the Order Form, it is necessary to confirm familiarity with and acceptance of these Terms and Conditions.
- After placing an order, the Seller sends a confirmation email including order details such as: product features, fulfillment time, total price with taxes and delivery costs, and Client’s personal data entered in the order form.
- The Client may request a VAT invoice, which can be included in the shipment. The request is made by checking the appropriate box during the order process.
- The contract content is recorded, secured and made available through:
- providing these Terms and Conditions on the Store’s website,
- storing the contract in the Store’s IT system,
- sending the confirmation email referred to in item 13 above.
- The Seller reserves the right to refuse to process the order if the Client’s contact details are false.
§4 Prices and Promotions
- For the purposes of this section, the following definitions apply:
- Price – the gross amount in Polish zloty (including applicable taxes) due to the Seller for the sale of a product,
- Lowest price – the lowest Price that applied during the 30 days before the price reduction, or that applied from the day the product was first offered for sale until the price reduction (if the product was offered for less than 30 days).
- The Seller reserves the right to change product Prices listed on the Store’s website. Prices applicable under contracts concluded before the change remain binding for the Client.
- The Lowest Price is provided in all cases of price reduction, alongside the new price, in accordance with Article 4(2) and (3) of the Act of 9 May 2014 on information on prices of goods and services (Journal of Laws 2019, item 178).
- Prices on the Store’s website:
- include all applicable duties and taxes,
- do not include delivery costs, which are determined separately.
- The delivery cost is shown on the cart subpage when choosing the delivery method and depends on the value of the ordered products, payment method, and delivery option selected by the Client.
§5. Payment Terms and Methods
- The online store provides the following payment methods for orders:
- Via Paynow, Cinkciarz.pl, PayPal, and traditional bank transfer;
- The entity providing online card payment services is Blue Media S.A.
- Payment cards: Visa; Visa Electron; Mastercard; MasterCard Electronic; Maestro
- The Client is required to make the payment within 3 business days from the date of purchase.
- In the event of the need to refund the transaction made by the Client, the Seller shall return the funds using the same payment instrument used by the Client for the original payment.
§6. Delivery Methods and Costs
- The Client bears the cost of delivering the ordered products to the specified destination.
- Products are delivered to the address indicated within the territory of the Republic of Poland and the European Union. Delivery charges are provided in the order panel and in the email confirming order acceptance.
- The online store allows the following delivery method:
- Courier delivery.
- The order fulfillment time for shipped products is 5–10 business days from the date the payment for the ordered product is credited to the Seller’s account (or, in the case of card payments as referred to in §4 point 1c, from the moment of successful payment authorization).
§7. Right of Withdrawal
- The provisions contained in this paragraph constitute rights granted exclusively to Customers who are Consumers.
- The Consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the date of receiving the shipment or collecting the goods in person, without giving any reason.
- The Customer may submit a statement of withdrawal from the contract using the withdrawal form located at the end of the Terms and Conditions, either by post to: wallcolors sp. z o. o. ul. Przemysłowa 8, 32-540 Trzebinia, or via email to: hello@wallcolors.pl.
- Submitting a withdrawal statement without using the form does not affect the validity of the withdrawal. For the withdrawal to be effective, it is sufficient to send the statement before the deadline expires.
- The Seller shall immediately confirm by email (to the address provided when placing the order) the receipt of the withdrawal statement.
- The Consumer should return the purchased products within 14 days from the date of sending the withdrawal statement to the Seller’s address.
- If a withdrawal statement is submitted, the contract is considered not concluded.
- The Consumer bears the direct cost of returning the purchased products.
- The Consumer is liable for any diminished value of the goods resulting from handling them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods, such as cleaning costs, repairs, or removed tags. To determine the nature, characteristics, and functioning of the goods, the consumer should handle and inspect them only as they would be allowed to do in a physical store.
- The Seller is obliged to promptly, and no later than within 14 calendar days from the date of receipt of the Consumer’s withdrawal statement, refund all payments made by the Consumer, including the delivery costs of the product (excluding additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery offered by the Store). The Seller refunds the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund.
- The Seller may withhold the refund until the Product has been returned or until the Consumer provides proof of having sent it back.
- The right of withdrawal does not apply to a contract where the object of performance is a non-prefabricated item, produced according to the Consumer’s specification or serving to satisfy their individual needs.
Contract withdrawal form
§8. Contracts concluded with Entrepreneurs
- The provisions of this paragraph apply only to contracts concluded with Customers who are Entrepreneurs and not Consumers.
- Placing an order on behalf of a legal person or an organizational unit without legal personality is equivalent to declaring that the person placing the order is authorized to represent the entity on whose behalf the order is placed. Placing an order without such authorization will result in the person placing the order being held liable for any damages arising from this fact.
- The Entrepreneur is obliged to examine the shipment delivered via courier in the customary manner and, in the event of loss or damage to the product, must take all steps necessary to establish the courier's liability.
- The Seller has the right to terminate the contract concluded with the Entrepreneur within 14 days from the date of conclusion without providing any reason.
- All disputes arising from the performance of the contract between the Seller and the Entrepreneur shall be resolved by the court having jurisdiction over the Seller's registered office.
§9. Liability for Compliance with the Contract – Complaints Procedure
- The Seller is obliged to provide services and goods in accordance with the contract. The Seller is legally obligated to deliver goods free from defects.
- The rules concerning the Seller’s liability towards the Consumer under contracts for the transfer of ownership of goods are regulated by Chapter 5a of the Consumer Rights Act of 30 May 2014.
- In the case of complaints, the Consumer may exercise the rights granted to them under the Consumer Rights Act of 30 May 2014, including due to the lack of conformity of the goods with the sales contract.
- The Entrepreneur is not liable for non-conformity of the goods with the contract within the scope referred to in para. 2 or 3 if the Consumer was clearly informed, at the latest at the time of concluding the contract, that a specific feature of the goods deviates from the requirements of conformity defined in para. 2 or 3, and explicitly and separately accepted the lack of that specific feature.
- The Seller confirms receipt of the complaint and requests the Consumer to promptly deliver the non-conforming goods in order to respond to the complaint.
- If the complaint is not accepted, the goods will be returned with a statement of the reason for the rejection.
- If the Seller does not respond to the Consumer's complaint within 14 calendar days from its receipt, the complaint is deemed accepted.
- A Customer who is not a Consumer may exercise warranty rights for defects under Articles 556 et seq. of the Civil Code. The Seller is liable to such a Customer if the sold product has a physical or legal defect (warranty).
- The Seller is liable under the warranty if a physical defect is discovered within two years from the date of delivery to a Customer who is not a Consumer.
- The Customer who is not a Consumer loses warranty rights if they do not inspect the item in the manner and time customary for such items and fail to promptly notify the Seller of the defect, or if the defect appeared later, if they do not notify the Seller immediately after its discovery.
§10. Out-of-Court Dispute Resolution
- To resolve a dispute related to purchases made in the Store, a Consumer who is not an entrepreneur may use the assistance of the following institutions before taking the matter to a common court:
- use a permanent consumer arbitration court, as referred to in the Act of 15 December 2000 on the Trade Inspection, by submitting a request for resolution of a dispute arising from the sales contract;
- submit a request to the Provincial Inspector of the Trade Inspection to initiate mediation proceedings for the amicable settlement of the dispute;
- seek assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- Detailed information about the possibilities available to the Consumer to use out-of-court complaint and redress procedures is available at the offices and websites of institutions such as the Trade Inspection, local consumer ombudsmen, social organizations protecting consumer rights, and the Office of Competition and Consumer Protection.
- The ODR (Online Dispute Resolution) platform for resolving consumer disputes with entrepreneurs at EU level is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website providing a one-stop-shop for consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts.
§11. Data Protection
- The Seller is the administrator of the personal data provided by the Buyer when using the Store. Detailed information about the processing of personal data – including other purposes and legal bases for processing, as well as data recipients – can be found in the Store’s Privacy Policy, in accordance with the principle of transparency set out in the General Data Protection Regulation (GDPR).
- The purpose of processing the Buyer’s data provided in connection with purchases in the Store is order fulfillment. The legal basis for data processing is the sales contract or actions taken at the Buyer's request prior to its conclusion (Art. 6(1)(b) GDPR), a legal obligation related to accounting (Art. 6(1)(c)), and the Seller's legitimate interest in establishing, pursuing, or defending any claims (Art. 6(1)(f) GDPR).
§12. Final Provisions
- The Seller reserves the right to amend these Terms and Conditions due to changes in the law or the manner of concluding and performing contracts. Such changes shall not affect orders placed, in progress, or completed.
- In matters not covered by these Terms and Conditions, generally applicable laws shall apply, in particular the Civil Code of 23 April 1964 and the Consumer Rights Act of 30 May 2014.
- These Terms and Conditions shall apply from 10 March 2018.
