Terms of service

1. This regulation defines the rules for making purchases in the online store Wallcolors – www.wallcolors.com by KOMJ sp. z o. o. ul. Przemysłowa 8, 32-540 Trzebinia, NIP 6282286943, KRS 0000964370, REGON 52179221300000, registered in the KRS register.
2. The terms used in the regulation mean:
1. Customer – a natural person (having full legal capacity) or legal entity that has made or intends to make a purchase in the online store Wallcolors. A customer can be both a consumer and an entrepreneur;
2. Consumer - according to the Act of April 23, 1964, Civil Code – a Customer who, as a natural person, performs a legal act not directly related to their business or professional activity.A consumer, within the meaning of these Terms and Conditions, also includes entrepreneurs conducting sole proprietorships, entering into contracts that are not of a professional nature resulting from the subject of their activities;
3. Seller - KOMJ sp. z o. o. ul. Przemysłowa 8, 32-540 Trzebinia, NIP 6282286943, KRS 0000964370, REGON 52179221300000
4. Store – an online store maintained by the Seller at the domain  www.wallcolors.com;
5. Regulations – this document along with all attachments.
3. Store offers for retail sale via the internet wall prints - posters, photo wallpapers, paintings, and accessories. The above products are available through the Store in the form of custom-made products for the Customer.
4. Detailed product information is available on the website www.wallcolors.com, and is also provided via email to the Seller's email address.
5. The Customer can contact the Seller by mail at the address specified in point 2b and electronically at the email address: hello@wallcolors.com and by phone at +48 788 777 865
6. Orders in the Store can be placed 24/7. Responses to Customer emails, phone contact with the Seller, and the fulfillment of placed orders are carried out from Monday to Friday, from 8:00 AM to 4:00 PM.

1. In order to place an order through the Store, the Customer must meet the following technical requirements:
1. have a computer, laptop, or other device with internet access;
2. have access to email;
3. use a web browser (Internet Explorer version 7.0 or newer, Mozilla Firefox version 3.0 or newer, Opera version 11.0 or newer, Google Chrome version 20.0 or newer, Safari version 5.0 or newer);
4. use a minimum screen resolution of 1024x768;
5. enable the ability to save cookies in the browser.
2. The online store provides electronic services in the form of a User Account, Newsletter, and Order Form.For the provision of these services, the Store does not charge any fees.
3. The above services are provided for an indefinite period. The Customer may withdraw from the aforementioned services at any time, without giving a reason, by sending a relevant email to the Seller's email address. A Customer who is a consumer may withdraw from the contract for the provision of any of the aforementioned services without giving a reason within 14 days from the date of ordering the commencement of the provision of each service.

1. The contract is concluded between the Seller and the Customer. 
2. All prices listed on the Store's website are gross prices (including VAT) specified in Polish zlotys. Product prices do not include shipping costs.
3. The Seller exercises due diligence to ensure that the product sample images reflect their color, character, and texture.The colors of the products in the photos, due to m.in. different resolutions, calibrations, and brightness of the Client's computer screen on which the photos are displayed or the use of a flash, may differ slightly from reality. The Seller provides, in addition to the photo, a description of the product and its color. In case of doubts, please contact the Seller in advance. 
4. The color of the product print may slightly differ from the color presented on the Store's website, which results from the nature of the printing of the given product. This is due to permissible color variations of about 5% saturation and the settings of the Client's monitor on which the product color was displayed.
5. Orders can be placed via the Store's website using the Order Form (without registration) or through a User Account. The Seller does not conduct telephone sales or in-store sales.
6. To make a purchase, the Customer selects the products of interest in the Store and then chooses the following product parameters: product type, material it is made of, size, type of pattern replication, and additional effects. After customizing the order, they move the product to the cart by clicking the "Add to Cart" button. Then, they have the option in the "Cart" preview to select the quantity of products. After finishing selecting products, the Customer proceeds to the tab where they specify the delivery method and payment methods. 
7. Next, the Customer clicks the "Order and Pay" button, which redirects them to a page containing information about the order being placed. This information includes m.in. : specifying the main features of the ordered goods, indicating the total price including taxes and delivery charges, and presenting the Customer's data provided in the order form.
8. The customer, in order to place an order, is required to confirm the order by clicking the “Order and Pay” button located under the order summary.
9. Clicking the “Order and Pay” button is equivalent to the Customer's declaration of knowledge regarding the placement of an order that entails a payment obligation.
10. The sales contract is concluded at the moment the Customer confirms the placement of the order, i.e., at the moment of clicking the “Order and Pay” button.
11. The payment deadline is the day on which the payment should be credited to the Seller's account.
12. The condition for using the Order Form is the confirmation of having read and accepted the content of these regulations.
13. After the order is placed by the Customer, the Seller sends a confirmation email regarding the order being processed along with the details concerning its execution, which include m.in. : the specification of the main features of the ordered goods, the order fulfillment date, the indication of the total price including taxes and delivery charges, and the presentation of the personal data of the Customer provided in the order form.
14. The Customer has the option to express the wish to receive a VAT invoice, which can be attached to the shipped package. The wish to receive a VAT invoice is expressed by the Customer by checking the appropriate checkbox during the order placement.
15. The preservation, security, and availability of the content of the agreement occurs through:
1. making this regulation available on the Store's website, 
2. preserving the content of the agreement in the Store's IT system 
3. by sending the message referred to in paragraph 13 above.
16. The Seller reserves the right to refuse to fulfill the order under the sales agreement if the contact details of the Customer are not truthful.

1. For the purposes of this paragraph, the following terms shall have the following meanings:
1. Price – the amount of gross remuneration specified in Polish zlotys (including applicable taxes) due to the Seller for the sale of the product,
2. Lowest Price – the lowest Price that was in effect during the 30 days prior to the introduction of the Price reduction or that was in effect from the date of the start of offering this product for sale until the date of the introduction of the reduction (when the product is offered for sale for a period shorter than 30 days). 
2. The Seller reserves the right to change the Prices of products listed on the Store's website.The prices of products in the sales agreement concluded with   the Client before the introduction of changes remain binding for the Client.
3. The lowest price is provided in every case of informing about a price reduction, alongside information about the reduced price, in accordance with Article 4, paragraphs 2 and 3 of the Act of May 9, 2014, on informing about the prices of goods and services (Journal of Laws of 2019, item 178).
4. Prices on the Store's website:
1. include all applicable duties and taxes,
2. do not include delivery costs (delivery of the product to the Client), which are specified separately.
5. The cost of delivering products is presented on the cart subpage when selecting the delivery method and depends on the value of the ordered products, the payment method for the products, and the delivery method chosen by the Client for the ordered products.

1. The online store offers the following payment methods for orders:
1. Via Paynow, Cinkciarz.pl, PayPal, and Traditional bank transfer;
2. The entity providing online payment services for card payments is Blue Media S.A.
   Payment cards: Visa; Visa Electron; Mastercard; MasterCard Electronic; Maestro
   
2. The customer is obliged to make the payment within 3 business days from the date of purchase.
3. In the event of a need to refund the funds for a transaction made by the customer, the Seller will refund to the same payment instrument used by the Customer for the payment.

1. The customer bears the delivery costs of the ordered products to the destination.
2. Products are delivered to the specified address within the territory of the Republic of Poland and the European Union. Delivery charges for the products are provided in the panel  and in the email confirming the acceptance of the order. 
3. The online store allows the selection of the following delivery methods:
1. Courier shipment.
4. The order fulfillment time for the product with shipping is 5-10 business days from the date of payment confirmation for the ordered goods in the Seller's account (or, in the case of payment by credit card, as mentioned in §4 sec. 1c, from the moment of obtaining positive payment authorization). 

1. The provisions contained in this paragraph constitute rights granted exclusively to the Client who is a Consumer.
2. The Consumer has the right to withdraw from the agreement concluded with the Seller within 14 days from the date of receipt of the shipment or personal collection of the goods, without providing a reason.
3. The statement of withdrawal from the agreement can be submitted by the Client using the withdrawal form located at the end of the regulations, both by post to the address: KOMJ sp. z o. o. ul. Przemysłowa 8, 32-540 Trzebinia, as well as to the contact email address: hello@wallcolors.pl.
4. Submitting a statement of withdrawal from the agreement without using the form does not affect the effectiveness of the withdrawal. For the effectiveness of the withdrawal statement, it is sufficient to send the statement before the deadline.
5. The Seller will promptly confirm via email (to the address provided when placing the order) the receipt of the withdrawal statement from the contract.
6. The Consumer should return the purchased products within 14 days from the date of sending the withdrawal statement to the Seller's address.
7. In the case of sending a withdrawal statement from the contract, the contract is considered not concluded.
8. The Consumer bears the direct costs of returning the purchased products.
9. The Consumer is liable for any reduction in the value of the goods resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the goods, such as cleaning costs, repair of parts, removal of tags.In order to determine the nature, characteristics, and functioning of the goods, the consumer should handle the goods and examine them only in the same way as they could do in a physical store.
10. The seller is obliged to promptly, no later than within 14 calendar days from the day of receiving the consumer's declaration of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivering the product (excluding additional costs resulting from the delivery method chosen by the customer other than the cheapest standard delivery method offered by the store). The seller will refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of refund.
11. The seller may withhold the refund of payments received from the consumer until the product is received back or the consumer provides proof of its return.
12. The right to withdraw from the contract does not apply to contracts where the subject of the service is a non-prefabricated product made according to the consumer's specifications or serving to meet their individualized needs.

Withdrawal form

1. The provisions of this paragraph apply exclusively to contracts concluded with Clients who are entrepreneurs and not Consumers.
2. Placing an order on behalf of a legal entity or an organizational unit without legal personality is equivalent to submitting a declaration that the person placing the order is authorized to represent the entity on behalf of which the order was placed. Placing an order without the appropriate authorization will result in the liability of the person placing the order for any damages arising from this fact.
3. The entrepreneur is obliged to examine the shipment delivered to them by the carrier in a customary manner, and in the event of identifying a shortage or damage to the product, they are obliged to take all actions aimed at establishing the carrier's liability.
4. The Seller has the right to terminate the contract concluded with the entrepreneur within 14 days from the date of its conclusion without providing reasons.
5. Any disputes arising from the execution of the contract concluded between the Seller and the Entrepreneur will be resolved by the court competent due to the Seller's registered office.

1. The Seller is obliged to provide services and goods in accordance with the contract. The Seller has a legal obligation to deliver goods free from defects.
2. The rules regarding the Seller's liability towards the Consumer under contracts obliging to transfer ownership of the goods to the Consumer are regulated by Chapter 5a of the Act of May 30, 2014, on consumer rights.
3. In terms of complaints, the Consumer may exercise the rights granted to him by the provisions of the Act of May 30, 2014, on consumer rights, m.in. for the lack of conformity of the goods with the sales contract.
4. The Entrepreneur is not liable for the lack of conformity of the goods with the contract in the scope referred to in paragraph.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 for compliance with the contract specified in paragraph 2 or 3, and clearly and separately accepted the absence of a specific feature of the goods.
5. The seller confirms the receipt of the complaint and calls upon the Consumer to promptly deliver  the goods not in accordance with the contract to the Seller, in order to address the complaint.
6. In the event of the complaint being rejected, the goods will be returned along with an opinion regarding the unfounded nature of the complaint.
7. If the Seller does not respond to the Consumer's complaint within 14 calendar days from the date of delivery of the complaint, it is assumed that the Seller has accepted the consumer's complaint and his request.
8. A customer who is not a Consumer may exercise the rights granted to him by the Seller under the warranty for defects, on the terms specified in Article 556 and following of the Civil Code.The Seller is liable to the Client who is not a Consumer if the sold product has a physical or legal defect (warranty).
9. The Seller is liable under the warranty if the physical defect is identified within two years from the date of delivery of the Goods to the Client who is not a Consumer.
10. The Client who is not a Consumer loses the rights under the warranty if they do not examine the item in a timely manner and in a manner accepted for items of this kind and do not immediately notify the Seller of the defect, and in the case where the defect becomes apparent only later - if they do not notify the Seller immediately after its identification.

1. In order to resolve a dispute arising in connection with purchases made in the Store, a consumer who is not a business entity has the option to seek assistance from the following institutions before filing a case in a common court:
1. utilizing the permanent consumer arbitration court referred to in the Act of December 15, 2000, on Trade Inspection by submitting an application for the resolution of a dispute arising from a sales contract;
2. contacting the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute;
3. seeking assistance from the county or municipal consumer ombudsman or a social organization whose aim is to protect consumer rights.
2. Detailed information on the consumer's options for utilizing out-of-court dispute resolution methods and the availability of procedures can be found at the offices and on the websites of institutions such as the Trade Inspection, district (municipal) consumer advocates, social organizations dealing with consumer rights protection, as well as the Office of Competition and Consumer Protection.
3. At the address http://ec.europa.eu/consumers/odr an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website providing a comprehensive service point for consumers and entrepreneurs seeking an out-of-court resolution of disputes related to contractual obligations arising from online sales agreements or service contracts.

1. The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – in accordance with the principle of transparency contained in the General Regulation of the European Parliament and Council (EU) on data protection – “GDPR”.
2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The legal basis for processing personal data in this case is: the sales contract or actions taken at the request of the Buyer aimed at concluding it (Article 6(1)(b). b GDPR), the legal obligation of the Seller related to accounting (Article 6(1)(c)) and the legitimate interest of the Seller, consisting of processing data to establish, pursue, or defend potential claims (Article 6(1)(f) GDPR).

1. The Seller reserves the right to change these Terms and Conditions due to changes in the applicable law or changes in the manner of concluding and executing contracts. These changes will not affect orders and contracts that have been placed, executed, or completed. 
2. 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, the Civil Code,  and the Act of May 30, 2014, on consumer rights.
3. The regulations are effective from March 10, 2018.