Terms of service

TERMS AND CONDITIONS OF THE SUBFORMA ONLINE SERVICE
located at: https://subforma.com/pl

§1. General provisions

These Terms and Conditions set out the rules for using the Subforma online service, available at the main address https://subforma.com and the application https://app.subforma.com (hereinafter jointly referred to as the “Service”). The Service is intended exclusively for entities that are entrepreneurs within the meaning of applicable law (natural persons conducting business activity, legal persons, or organizational units conducting business or professional activity in their own name).
The service provider of the Service (also the “Seller”) is KOMJ Sp. z o.o., with its registered office in Trzebinia (Poland), ul. Przemysłowa 8, 32-540 Trzebinia, entered into the register of entrepreneurs maintained by the District Court for Kraków Śródmieście in Kraków, 12th Commercial Division of the National Court Register under KRS number 0000964370, holding NIP number 6282286943, REGON number 521792213, share capital: PLN 100,000.00 (in words: one hundred thousand zlotys and 00/100). The Service Provider provides electronic services consisting of making the Service and the functionalities described in these Terms and Conditions available, as well as entering into sales agreements with Clients for the offered Products.
A Client (also referred to as a “User”) making purchases in the Service may only be an entrepreneur who meets the criteria specified in these Terms and Conditions and uses the Service in connection with conducted business or professional activity. Access to the full functionality of the Service, in particular the possibility to create an Account and place orders, is reserved exclusively for Clients who are entrepreneurs. During registration or when placing an order, the Client is obliged to provide a tax identification number (e.g. NIP in Poland or an equivalent tax number in another country) in order to verify entrepreneur status.
The Service and these Terms and Conditions are adapted to the requirements of Polish law, in particular the Act of 18 July 2002 on the provision of electronic services. These Terms and Conditions constitute the regulations referred to in Article 8 of that Act and define the rights and obligations of the Service Provider and Clients related to the provision of electronic services via the Service.
Acceptance of these Terms and Conditions is a prerequisite for creating an Account in the Service and using its functionalities. By creating an Account or placing an order, the Client confirms that they have read the Terms and Conditions and undertakes to comply with them. The Service Provider may verify the data provided during registration (including the tax identification number) and has the right to refuse to create an Account or to process an order if the Client does not meet the requirement of being an entrepreneur or has provided incorrect data.
The Service Provider reserves the right to refuse to create an Account or to grant a specific Subforma client status in particular if:

the User does not meet the formal requirements, including not having entrepreneur status;
the provided data is false, incomplete, or raises justified doubts as to its reliability;
there is a justified suspicion that the User’s registration or activity may be fraudulent, unlawful, contrary to good customs, or principles of fair trading;
the User’s activity is not consistent with the Service’s business profile or does not meet the business, operational, or risk criteria adopted by the Service Provider.

The Service Provider’s decision to refuse the creation of an Account is discretionary and does not require detailed justification, subject to mandatory provisions of law. Account approval takes place within a specified number of business days from the date of submission of a complete account registration application.
Use of the full functionality of the Service, including in particular the ability to make purchases, is possible only after the Account has been approved by the Service Provider. Until the Account is approved, access to the transactional functionalities of the Service may be limited.
Persons who have not created an Account in the Service or whose application for Account creation has not been approved by the Service Provider may use the Service to the extent that allows them to familiarize themselves with the Seller’s offer. In particular, such Users may use the functionalities of the Service that do not require an Account, such as browsing the content and pages of the Service (excluding purchasing account functionalities), using the contact form, the bot supporting the use of the Service, the FAQ section, and other generally available informational functionalities.
The Client may contact the Seller by post at the address indicated in paragraph 2 and electronically at the email address: hello@subforma.com, as well as by phone at +48 788 777 861.
Orders in the Store may be placed 24 hours a day. Responses to Clients’ emails, telephone contact with the Seller, and the processing of placed orders take place from Monday to Friday, between 8:00 a.m. and 4:00 p.m.
In order to use the Service and place an order via the Service, the Client must meet the following technical requirements:

have a computer, laptop, or other device with Internet access;
have access to email;
use an Internet 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);
use a minimum screen resolution of 1024x768;
enable cookies in the browser.

Unless these Terms and Conditions provide otherwise, the services are provided for an indefinite period. The Client may resign from the above services at any time, without stating a reason, by sending an appropriate email message to the Seller’s email address.

§2. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
Service – the Subforma online service, including the informational website available at https://subforma.com and the Subforma web application available at https://app.subforma.com, enabling the use of the functionalities described therein.
Service Provider / Seller – KOMJ Sp. z o.o., with its registered office in Trzebinia, providing electronic services and selling Products via the Service.
Client / User – an entity being an entrepreneur that uses the Service; a User is both an entrepreneur visiting the Service to browse the offer or use the contact form, as well as an entrepreneur who has created a User Account and places orders for Products.
Order Recipient (Addressee) – a natural person or an entity (including an entrepreneur or an organizational unit) indicated by the Client in the order as the recipient of the Products, authorized to receive the delivery at the delivery address specified in the order.
User / Purchasing Account (Account) – an individual profile created in the Service for the Client via the application available at https://app.subforma.com, secured with a login and password, enabling access to additional Service functionalities, including placing orders, viewing order history, managing data, etc.
Products / Services – items, goods, or services offered for order via the Service. In particular, these may include printed materials, personalized prints, or other products specified in the Service offer.
Sales Agreement – a distance contract concluded between the Client and the Seller via the Service, the subject of which is the sale of Products ordered by the Client.
Business Days – days from Monday to Friday, excluding public holidays in Poland.

(Other terms used in the Terms and Conditions shall be understood in accordance with their statutory definitions under applicable law or according to the context in which they are used.)

§3. Service functionalities available without logging in

The Service provides certain content and functionalities that are publicly available to all visitors (including potential Clients) without the need to register or log in. These functionalities include, in particular:

Browsing the offer – the public part of the Service enables users to familiarize themselves with information about the services and Products offered by the Seller, including product descriptions, specifications, example projects, price lists (if made available), etc. Any Internet user may freely browse this information.
Contact form – the Service provides online forms through which visitors (entrepreneurs) may contact the Service Provider, ask questions, or submit inquiries regarding offers. Completing the form requires providing contact details (e.g. name, email address, phone number, and the content of the inquiry). Data provided via the form is processed solely for the purpose of handling the inquiry and providing a response.
Other informational functionalities – the website may make available additional materials such as guides, FAQs, the “Chat with us” functionality, terms and conditions, privacy policy, company information, etc., which the User may review.

Use of the above functionalities does not require creating an Account or providing personal data other than the data necessary for communication in the case of completing the contact form. Browsing the website itself is anonymous; however, the Service may use cookies and collect basic technical information about the User’s device in accordance with the Privacy Policy (e.g. IP address, cookie identifiers). Before using the contact form or other interactive elements of the Service, the User may be asked to accept appropriate consents (e.g. for personal data processing, cookie policy).
The Service Provider makes every effort to ensure that the information publicly available in the Service (e.g. regarding the offer, Product specifications, prices, etc.) is up to date and accurate. All information, descriptions, presentations, and prices of the Seller’s Products and Services published in the Service are for informational purposes only and constitute an invitation to enter into an agreement within the meaning of Article 71 of the Polish Civil Code. They do not constitute an offer within the meaning of Article 66 of the Polish Civil Code. The Service Provider reserves the right to change publicly presented content at any time (e.g. updates to the offer, prices, promotions), which does not affect orders already placed and accepted for processing.

§4. User Account Registration

Registration requirement: Purchasing Products via the Service requires prior creation of a User Account. Account registration is available exclusively to Clients who are entrepreneurs and constitutes the conclusion of an agreement for the provision of electronic services (maintenance of the Account) between the Service Provider and the Client. Creating an Account is free of charge; however, it requires prior verification and approval by the Service Provider in accordance with §1 section 6 of these Terms and Conditions.
Registration procedure: In order to create an Account, the Client completes the registration form available in the Service and provides the required data. The Client is obliged to provide true, up to date, and complete information.

In the registration form, the Client provides in particular:

first name (and last name, if applicable),
contact phone number,
company name (business name) of the entrepreneur,
tax identification number (NIP or its foreign equivalent), whereby if the Client does not have an active tax identification number, the Client may select the appropriate option in the form; in such case, the Client provides other data enabling verification of business activity,
registered office address or place of business (street, number, postal code, city, country),
email address,
the currency in which the Client will make purchases in the Service,
at least one active sales channel, including a website address (URL),
basic statistical data regarding business activity, in particular the range of the number of orders processed per month.

The Client also sets a password for the Account. Providing the above data is necessary to complete the registration process and is subject to verification by the Service Provider.

Password requirements and security: The Account password should be unique and sufficiently strong. The Client is obliged to keep the password confidential and not disclose it to third parties. The Client bears full responsibility for all actions performed in the Service after logging in using their login and password. In the event of suspected unauthorized access to the Account or a security breach, the Client should immediately change the password and notify the Service Provider.
Conclusion of the Account agreement: The agreement for the provision of electronic services consisting of maintaining the Account is concluded upon completion of the Account registration process. Account registration is carried out in several stages. In the first stage, the Client provides an email address and sets a password. Next, the Client receives an email containing a link, clicking which is required to confirm the email address.
After confirming the email address, the Client completes the remaining data required to create the Account and accepts the Terms and Conditions.
After completion of registration, the Client gains access to the Account with limited functionality. Full access to the Service functionalities is granted after positive verification of the data and approval of the Account by the Service Provider.
Refusal or removal of the Account: The Service Provider reserves the right to refuse registration or to deactivate an already created Account if:

the Client does not meet the requirement of being an entrepreneur, has provided false or misleading registration data, or does not meet other criteria indicated in §1 section 6 of these Terms and Conditions;
the Client’s actions or omissions within the Service violate the provisions of the Terms and Conditions, applicable law, or good customs (e.g. attempts to use the Service for unlawful activities, introducing unlawful content into the Service, infringement of third party rights, etc.);
the Account remains inactive for a long period (e.g. 2 years) – in such case, the Service Provider may notify the Client in advance of the intention to remove the Account. In the event of refusal of registration or removal of the Account for the above reasons, the Client will be informed of such decision by email.

Data editing: After logging into the Account, the Client has access to the data provided during Account registration. The Client is not able to independently edit registration data. Data changes are made at the Client’s request submitted via the Client panel by completing a data change form and are carried out by the administrator after verification. The Client is obliged to promptly report any changes to data, in particular address, contact, and identification data. The Service Provider shall not be liable for consequences resulting from failure to report or delayed reporting of data changes by the Client.
Termination of the Account agreement: The Client has the right to resign from the Account at any time and request its deletion. A request to delete the Account should be submitted to the Service Provider (e.g. by sending an email message from the address assigned to the Account or via the appropriate functionality in the Service, if available). The Account will be deleted within 14 days from receipt of the request (unless further storage of certain data is required by law). Termination of the Account agreement does not affect sales agreements concluded earlier via that Account or those in the process of being performed based on the Client’s instructions submitted prior to the request to delete the Purchasing Account.

§5. Rules for placing orders and concluding agreements

Product offer: The Seller presents via the Service the current offer of Products and Services that the Client (entrepreneur) may order. The offer may include, in particular, printing and shipping services to designated recipients, personalized advertising products, promotional materials, print media, etc., in accordance with the information provided for a given Product. Each Product includes a description and, where applicable, configuration options (e.g. uploading own graphics, selecting quantity, format, material, delivery addresses, etc.).
Nature of Product information: All information regarding Products and Services (including descriptions, technical parameters, visualizations, prices) published in the Service constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code, and does not constitute an offer by the Seller within the meaning of Article 66 of the Polish Civil Code. By placing an order via the Service, the Client submits an offer to purchase specific Products under the terms set out in the Product description and these Terms and Conditions. A binding Sales Agreement is concluded at the moment the Seller accepts the order (details below).
Order placement process: The Client may place orders after logging into the Account. Orders are placed directly via the Product page and subsequent stages of the order process available in the Service:
1. delivery with proof of receipt (recipient’s signature),
2. shipment insurance,
3. express order processing, resulting in order completion within up to 48 hours, for an additional fee of 20% of the order value;

The Client selects the Product or Products in the Service, specifying available parameters, in particular variants, quantities, and other options relevant to the given Product;
The Client proceeds to the list of selected Products, where they may review order details and edit individual Products before proceeding further;
The Client indicates the delivery address by completing the shipping details;
The billing address corresponds to the data provided by the Client during Account registration and cannot be edited during the order process;
The Client selects a delivery method from among the options available for the country indicated in the delivery address. Within the delivery method, the Client may select additional options, in particular:
Delivery with proof of receipt and shipment insurance are mandatory for orders exceeding PLN 3,000.00 (three thousand zlotys);
The Client selects a payment method from those available in the Service, including electronic payment, payment via external payment operators, or deferred payment, subject to the merchant limit determined by the Service Provider;
The Client may add notes or comments to the order;
Before saving the order, the Client receives an order summary including selected Products, delivery method, payment method, and the total order value;
Saving the order by the Client places the order on the order list in the Client’s Account;
After saving the order, the Client is required to upload the production files necessary to fulfill the order and approve the order for printing;
Approval of the order by the Client constitutes submission of an offer to purchase the specified Products in accordance with the agreed order details (payment method, delivery selection, optional shipment insurance, in line with the purchasing functionalities available in the User Account).

Order placement via stores integrated with Subforma: The Service enables placing Orders via integrations with external sales platforms, in particular online stores and e commerce platforms (e.g. Etsy, Shopify) integrated with Subforma (“Integration Orders”):
1. completing shipping details, if they were not automatically transferred from the Client’s sales system (this applies, among others, to orders originating from the Etsy platform for customers from the USA, Canada, and Turkey);
2. uploading the production files necessary to fulfill the Order;
3. calculating the Order by assigning the appropriate Product and its attributes from the Product catalog available in the Service, which results in determining the purchase price applicable in the Service;
4. selecting a payment method and making payment for the Order;
5. Order calculation referred to above is performed via the “calculate” functionality, which enables the Client to select the appropriate Product and its parameters from the Service Product catalog. After calculation, the Order price is updated to the price applicable with the Service Provider;

Integration Orders are automatically transferred from the Client’s sales system to the Service and recorded in the Client’s Account order list with the status of a new Order;
An Integration Order may include data transferred from the Client’s store sales system, in particular information about the Product, its size, and the retail price applicable in the Client’s store;
In order to submit an Integration Order for processing, the Client is required to complete in the Client’s Account all data and actions necessary for its proper fulfillment, in particular:
Until all actions referred to in point c) above are completed, the Integration Order is not considered approved for processing;
Approval of an Integration Order after completing the required data, calculating the Product, and making payment constitutes submission by the Client of an offer to purchase the Products covered by the Order, under the terms specified in the Service.

From the moment the Order is approved for processing, further fulfillment follows the same rules as orders placed directly in the Service.

Correction of errors in an order: Until the order is approved (by clicking the finalization button), the Client may modify entered data and make changes to the Product page. After order approval, any changes (e.g. correction of delivery address, quantity) require contact with the Service Provider and may not always be possible, in particular after production has started. Individual order statuses are described in the “Order statuses” section in the User Account.
Order receipt confirmation: After placing an order, the Client will receive an automatic confirmation of order receipt by the Service Provider to the provided email address. This confirmation includes the order number, a summary of its terms (ordered Products, total price, Client details, delivery address, selected payment method, etc.), and information that the order has been received for verification. This automatic confirmation does not yet constitute acceptance of the Client’s offer; it merely confirms that the order has reached the Seller’s system.
Conclusion of the agreement: After verifying the order (including availability of materials, correctness of print files, recording of payment in the case of prepayment, etc.), the Seller will send the Client an email confirming acceptance of the order for processing. Upon sending such confirmation by the Seller, a Sales Agreement is concluded between the Client and the Seller. If it is not possible to fulfill the order in whole or in part, the Seller will inform the Client accordingly (e.g. by proposing a modification of the order, extending the processing time, or canceling the order for objective reasons).
Personalization and materials provided by the Client: Fulfillment of the ordered Product or Service requires the Client to provide specific materials or information (e.g. print content, graphics, delivery recipient lists, etc.). The Client represents that all materials provided for order fulfillment (e.g. graphics, logos, texts) are lawful and that the Client holds all required rights (including economic copyrights and licenses) to use them for the purpose of fulfilling the order. The Client may not provide unlawful, offensive materials, materials infringing third party rights, or materials prohibited from distribution. The Service Provider reserves the right to refuse to fulfill an order if its fulfillment using materials provided by the Client would violate the law or these Terms and Conditions.
Cooperation in fulfillment: The Client is obliged to cooperate in the fulfillment of the order, in particular by providing the Seller with necessary information, receiving email correspondence regarding the order, and making timely payments. If the Seller determines that files or information provided by the Client are incorrect or incomplete, the Seller may contact the Client to request supplementation or correction. The order processing time is calculated from the moment the Seller receives complete and correct documentation (materials) from the Client and, in the case of prepayment, from the moment payment is recorded.
Invoices: The Seller issues VAT invoices for sold Products. By accepting these Terms and Conditions, the Client consents to receiving invoices in electronic form (invoices are available in the “Settlements” section of the User Account). Invoice data is taken from the information provided by the Client in the Account or during order placement; the Client should ensure that such data is up to date and correct.

§6. Payments

Product prices: All Product prices presented in the Service are net prices (excluding VAT) or gross prices (including VAT). Clear information indicating whether a given price includes VAT is provided with each price. Prices are expressed in Polish zloty (PLN) unless stated otherwise.
Total order cost: The final amount payable for an order includes the price of the ordered Products, increased by any applicable delivery costs (e.g. courier shipment), and adjusted by any discounts or rebates if the Client is entitled to them. The Service Provider makes information about available discounts accessible in the User Account (this may include, in particular, a global discount or discounts on specific Services after meeting conditions defined by the Service Provider). The Client is informed of the total order cost in the order summary prior to final submission of the order.
Payment methods: The Seller offers the following payment methods for ordered Products:

Online payment (prepayment): Electronic payment made immediately after placing the order via PayNow and PayPal payment operators.

Card payments are handled by Autopay S.A.

Supported cards include:
Visa,
Visa Electron,
Mastercard,
MasterCard Electronic,
Maestro.

Failure to confirm payment may result in cancellation of the order.

Deferred payment: Deferred payment (e.g. 7 or 14 days) may be available to selected Clients following individual arrangements with the Seller, including via the Stripe operator.
Trade credit: The Seller may grant the Client trade credit up to the amount of PLN 20,000. In such case, order payments may be settled periodically.

The conditions for granting trade credit and the possibility of continued use of this payment method depend on the Seller’s decision.

(The Seller may also offer other payment methods in the Service. The currently available methods are always indicated during the order placement process.)

Order processing: Unless these Terms and Conditions provide otherwise, the Client is obliged to make payment within 3 business days from the date of purchase.
Payment security: In the case of online payments, settlements are carried out via secure, encrypted connections with the payment operator’s system. Payment card details and other sensitive financial information are not accessible to the Seller and are processed exclusively by the payment operator.
Payment confirmation: After payment is made (online, PayPal, or deferred payment), the Client will receive confirmation of receipt of payment from the Seller (e.g. an email notification confirming payment of the order). In the case of online payments, confirmation is usually immediate. Order fulfillment (or shipment) begins only after payment has been received, unless the parties have agreed otherwise (e.g. deferred payment).
Payment due date: The payment due date is the day on which the payment should be credited to the Seller’s bank account.

§7. Delivery and order fulfillment

Delivery methods: The Seller delivers the ordered Products within the territory of the Republic of Poland as well as to other countries, provided that such an option is available in the Service. Delivery is carried out via professional courier companies or a postal operator. Available delivery options are indicated to the Client during the order placement process. The Client selects the preferred delivery method from those available for the given Products.
Delivery costs: Delivery costs are borne by the Client. The amount of the delivery cost depends on the selected delivery method, the type and dimensions of the Products, and the delivery address. The delivery cost is displayed to the Client during the order placement process, prior to final order approval.
Processing time: The approximate order processing (production) time and delivery time are indicated each time in the Product description or during the order placement process. Delivery time depends on the selected delivery method, the destination country, and the courier company performing the shipment.
Packaging and shipment: Products are packaged in a manner appropriate to their nature so as to minimize the risk of damage during transport.
Receipt of shipment: The recipient of the shipment (or a person authorized by the Client to receive the shipment) is obliged to inspect the condition of the shipment upon receipt. In the event that external damage to the packaging or other indications of possible damage to the contents are identified, it is recommended to prepare a damage report in the presence of the courier and to immediately contact the Seller. Regardless of the above, any shortages or damage to the Products identified after opening the package should be reported to the Seller within a reasonable time.
Transfer of risk: Pursuant to Article 548 §1 of the Polish Civil Code, the benefits and burdens associated with the sold item, as well as the risk of accidental loss or damage to the Products, pass to the Client or the Order Recipient at the moment the Products are handed over to the carrier (courier) for delivery to the Client or the Recipient. The Seller shall not be liable for the acts or omissions of the carrier. However, as part of cooperation with the Client, the Seller may undertake auxiliary actions to assist in pursuing claims against the carrier in the event of transport damage (e.g. by providing necessary documents or information).
Failure to collect the shipment: If the Client or the Order Recipient fails to collect the shipment within the agreed time (e.g. refusal to accept, absence at the delivery address, exceeding the collection deadline, etc.), the shipment will be returned to the Seller. In such a case, the Seller will contact the Client in order to arrange re shipment. The Seller may charge the Client additional costs for re shipment or storage, unless the failure to collect was due to reasons attributable to the Seller or the carrier. If contact with the Client or the Order Recipient is not possible, or if the Client or the Order Recipient refuses to cooperate in collecting the shipment, the Seller may withdraw from the sales agreement within 14 days from the return of the shipment. In the event of withdrawal, if the Client has made payment, the Seller will refund the paid amount reduced by the costs incurred for shipment and return of the Products.

§8. Exclusion of warranty, guarantee, and limitation of liability

Exclusion of statutory warranty: The Parties (the Seller and the Client being an entrepreneur) mutually exclude the Seller’s liability under statutory warranty for physical and legal defects of the sold Products pursuant to Article 558 §1 of the Polish Civil Code. This means that the Seller is not liable to the Client for defects of the sold item, except where the defect has been fraudulently concealed by the Seller from the Client – in such a case, the exclusion of statutory warranty is ineffective (Article 558 §2 of the Polish Civil Code). This provision does not exclude or limit the Client’s rights arising from any quality guarantee granted for a Product, if such a guarantee has been granted (see section 2 below).
Guarantee and shipment liability: The Seller does not provide its own guarantee for the sold Products. The rules for submitting complaints regarding delivered Products are set out in §9 of these Terms and Conditions.

In the event of damage to or loss of a shipment during transport:

if the shipment was insured, the Seller will reprocess the order or send a new Product without waiting for the completion of the complaint procedure conducted by the carrier;
if the shipment was not insured, fulfillment of a new order will take place after completion of the complaint procedure conducted by the carrier.

General limitation of liability: The Seller’s liability towards the Client for non performance or improper performance of the agreement (including the sales agreement for Products and the agreement for the provision of electronic services) is limited to the actual losses incurred and does not include lost profits of the Client. Under no circumstances shall the Seller be liable for indirect, consequential, or special damages that were not foreseeable at the time of conclusion of the agreement.
Monetary cap: The total compensatory liability of the Seller towards a given Client, on all grounds, is limited – to the extent permitted by law – to the value of the order to which the damage relates. This limitation does not apply to damage caused by the Seller’s willful misconduct or to liability for personal injury, which cannot be excluded or limited under mandatory provisions of law.
Force majeure: The Seller shall not be liable for failure or delay in performance of its obligations caused by force majeure, understood by the Parties as external events beyond the control of the Parties, which could not have been foreseen or prevented despite exercising due care. Force majeure includes in particular natural disasters (floods, fires, earthquakes, etc.), wars, riots, terrorist acts, infrastructure failures (e.g. prolonged power outages, telecommunication network failures), acts of public authorities preventing performance of the agreement, epidemics, and other extraordinary events. In the event of force majeure, the deadline for performance of the Parties’ obligations shall be extended accordingly by the duration of the obstacle. The Party affected by force majeure should promptly inform the other Party of its occurrence.
Content provided by the Client: The Seller shall not be liable for materials and content provided by the Client (e.g. graphic files, address lists, print texts) or for their potential unlawfulness or infringement of third party rights. Responsibility for such materials rests with the Client. The Client undertakes to indemnify the Seller and cover any claims of third parties arising in connection with materials provided by the Client for order fulfillment, in particular in the event of infringement of copyrights, trademarks, trade secrets, or personal data of third parties.
Seller’s obligations: The Seller exercises due care to ensure that product pattern images reflect their color, character, and texture as accurately as possible. Due to factors such as different screen resolutions, calibration, brightness settings, or use of flash, the colors of products displayed on the Client’s device may slightly differ from actual colors. For this reason, the Seller provides, in addition to images, a product description including color information. In case of any doubts, the Client is encouraged to contact the Seller in advance.

The color scheme of the printed Product may slightly differ from the color scheme presented on the Store’s website due to the nature of the printing process. This may result from permissible color variation of approximately 5% saturation as well as from the Client’s monitor settings on which the Product color was displayed.

§9. Complaints

Scope of complaints: The Client has the right to submit complaints concerning both the functioning of the Service (electronic services provided) and the performance of sales agreements for Products (e.g. the quality of delivered Products, errors in order fulfillment). Due to the exclusion of statutory warranty (in accordance with §8 section 1), complaints regarding Product defects shall be considered solely under the rules set out in this section, as an amicable procedure for resolving the Client’s claim.
Method of submission: Complaints should be submitted in electronic form:

via the Product card through the Purchasing Account (using the functionality made available by the Service Provider), or
by email to: hello@subforma.com. It is recommended that the Client include in the complaint submission their identifying details (company name, Service login, contact details), the order number (if applicable), a description of the circumstances giving rise to the complaint, and a clear statement of the requested remedy (e.g. re performance of the service, correction of an error, other compensation). Where possible, photographic or other documentation illustrating the issue (e.g. photos of a defective Product, screenshots) should be attached.

Time limit for submission: Complaints regarding improper functioning of the Service should be submitted immediately after the issue occurs. Complaints regarding order fulfillment (including Product quality) should be submitted within a reasonable time after discovering the cause, preferably no later than 14 days from receipt of the shipment.
Acknowledgement and handling of complaints: The Seller will acknowledge receipt of the complaint (if submitted by email, via a return email). Complaints are handled without undue delay, in the order of receipt. The Seller will respond to the Client within 14 days from the date of receipt of the complaint. The response will be sent to the Client’s email address or provided in another manner indicated by the Client. In particularly complex cases preventing resolution within this timeframe, the Seller will inform the Client of the anticipated longer processing time, together with the reasons for the delay.
Acceptance of the complaint: If the complaint is deemed justified, the Seller will take appropriate action to satisfy the Client’s claim. Depending on the nature of the complaint, this may include repair or re production of the defective Product, completion of missing order elements, a price reduction (granting a discount), or exceptionally a refund of the paid price (withdrawal from the agreement by mutual consent with the Client). The chosen method of resolving the accepted complaint should take into account the type of irregularity identified and the justified interests of the Client. In the event of disputes regarding the method of resolution, the Parties shall seek an amicable solution.
Rejection of the complaint: If the complaint is rejected as unfounded, the Client will be informed of this decision together with its justification.
Limitation of liability after installation: Complaints regarding Products may be accepted only if they are submitted prior to installation of the Product. After installation, the Product is deemed to have been accepted by the Client as compliant with the order, and any irregularities may result from installation errors for which the Seller bears no liability.
The provisions of this section do not limit the Client’s rights arising from mandatory provisions of law. Due to the exclusion of statutory warranty, the complaint procedure is contractual in nature. However, Clients who are entrepreneurs are not entitled to statutory warranty rights, except for the situation provided for in Article 558 §2 of the Polish Civil Code (fraudulent concealment of a defect).
Complaint procedure for entrepreneurs with consumer rights: The provisions of sections 9–14 of this paragraph apply accordingly to Clients who are natural persons conducting sole proprietorship business activity and who have concluded a Sales Agreement not directly related to the professional nature of their business activity (so called entrepreneurs with consumer rights). The Seller’s liability towards an entrepreneur with consumer rights for lack of conformity of the Product with the agreement lasts for the period provided for in mandatory consumer protection law, calculated from the date of delivery of the Product.
In matters not regulated by these Terms and Conditions, complaints submitted by entrepreneurs with consumer rights shall be governed accordingly by consumer law provisions on lack of conformity of goods with the contract.
The Seller shall respond to a complaint submitted by an entrepreneur with consumer rights within 14 days from receipt. Failure to respond within this period shall be deemed acceptance of the complaint.
If a complaint submitted by an entrepreneur with consumer rights is accepted, the Seller, at the Client’s choice and within the limits provided by law, may:

bring the Product into conformity with the agreement by repair or re production,
reduce the price of the Product,
refund all or part of the paid price,
withdraw from the agreement if the non conformity of the Product with the agreement is significant.

The exclusion of statutory warranty provided for in §8 of these Terms and Conditions does not apply to entrepreneurs with consumer rights to the extent resulting from mandatory provisions of law.
Complaints regarding Products manufactured to the Client’s individual order may be accepted only to the extent that the identified non conformity does not result from materials, designs, or files provided by the Client.

§10. Right of withdrawal from the agreement

A Client who is a natural person conducting sole proprietorship business activity and who concludes a Sales Agreement not directly related to the professional nature of their business activity (the so called entrepreneur with consumer rights within the meaning of Article 38a of the Act of 30 May 2014 on Consumer Rights) has the right to withdraw from a distance agreement without stating any reason, subject to section 8 below.
The withdrawal period shall expire 14 days from the day on which:

the Product is taken into possession by the Client or a third party indicated by the Client other than the carrier, or
in the case of an agreement covering multiple Products delivered separately, in batches, or in parts, from the day on which the last Product, batch, or part is taken into possession.

In order to exercise the right of withdrawal, the Client should inform the Seller of their decision by means of an unequivocal statement, in particular by sending an email to: hello@subforma.com or in writing to the Seller’s registered office address indicated in these Terms and Conditions.
The Client may use the model withdrawal form attached to these Terms and Conditions, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient to send the statement of withdrawal before the expiry of the withdrawal period.
In the event of effective withdrawal from the agreement, the Seller shall reimburse the Client all payments received from the Client, including the costs of delivery of the Product, except for additional costs resulting from the Client’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller, without undue delay and no later than 14 days from the date of receipt of the withdrawal statement.
The Seller may withhold reimbursement until the Product has been received back or until the Client has provided proof of return, whichever occurs first.
The reimbursement shall be made using the same means of payment as used by the Client in the original transaction, unless the Client expressly agrees otherwise. The Client shall not incur any fees in connection with such reimbursement. The Seller may withhold reimbursement until the Product has been received back or until proof of its return has been provided, whichever occurs first.
The right of withdrawal does not apply in the cases specified in Article 38 of the Act on Consumer Rights, in particular with respect to agreements:

for the supply of non prefabricated Products manufactured according to the Client’s specifications or serving to satisfy the Client’s individualized needs, including Products manufactured on the basis of files, designs, patterns, or other materials provided by the Client;
where the Client has expressly consented to the commencement of order fulfillment (in particular production) before the expiry of the withdrawal period and has been informed of the loss of the right of withdrawal on that basis.

Where the right of withdrawal applies, the Client is obliged to return the Product to the address indicated by the Seller without undue delay and no later than 14 days from the day on which the Client informed the Seller of the withdrawal from the agreement. To meet the deadline, it is sufficient to send the Product back before the expiry of the 14 day period.
The Client shall bear the direct costs of returning the Product, unless the Seller has agreed to bear those costs or has failed to inform the Client of the obligation to bear them.
The Client shall be liable for any diminished value of the Product resulting from use of the Product beyond what is necessary to establish its nature, characteristics, and functioning.
The provisions of this section do not apply to Clients who are entrepreneurs other than entrepreneurs with consumer rights, who are not entitled to withdraw from a distance agreement.

§11. Information on interruptions and service disruptions

The Service Provider reserves the right to introduce technical breaks in the operation of the Service, in particular for the purposes of maintenance, updates, modifications, expansion, removal of failures, and ensuring the security and stability of the Service.
Where possible, technical breaks will be scheduled during hours that are least inconvenient for Users, and information about a planned break may be provided in advance within the Service or sent to the email address assigned to the Account.
Technical breaks may also be unplanned, in particular in the event of failures, security incidents, or events beyond the Service Provider’s control.
The Service Provider shall not be liable for temporary unavailability of the Service or its functionalities resulting from technical breaks, provided that they were introduced for justified reasons and the Service Provider acted with due care.
The Client will be informed of all technical breaks in the operation of the Service, production interruptions, material shortages, or other circumstances that may affect order fulfillment via a notice available on the Service dashboard and, where possible, electronically to the email address assigned to the Account.

§12. Final provisions

Governing law: In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Polish Civil Code, the Act of 18 July 2002 on the provision of electronic services, and – with regard to personal data protection – the GDPR and the Act on Personal Data Protection. These Terms and Conditions are not subject to consumer protection regulations, as the Service offer is addressed exclusively to entrepreneurs.
Privacy policy: The rules for the processing of personal data by the Service Provider in connection with operating the Service, including the processing of personal data of Clients or persons indicated by Clients (e.g. Order Recipients), are set out in a separate document, namely the Service Privacy Policy, available at: https://subforma.com/pl/policies/privacy-policy.
Amendments to the Terms and Conditions: The Service Provider reserves the right to amend these Terms and Conditions for important reasons, in particular such as changes in the scope or form of the provided services, changes in legal regulations affecting the content of the Terms and Conditions, the introduction of new Service functionalities, changes to the Service Provider’s contact or address details, etc. The Service Provider will inform Clients holding an Account of any planned amendments by sending relevant information to the email address assigned to the Account or by a notice in the Account panel, with appropriate advance notice of at least 14 days before the amendments enter into force.
Acceptance of amendments: The amended Terms and Conditions shall be binding on the Client if the Client has been informed of the changes in the manner described above and has not terminated the agreement for the provision of services (Account) by the date the amendments enter into force. A Client who does not accept the planned amendments should, before their effective date, delete their Account (terminating the Account agreement with immediate effect) or inform the Service Provider of the lack of acceptance, which shall be equivalent to termination of the Account agreement on the date the objection is submitted. Placing an order or continued use of the Service after the date on which the new Terms and Conditions enter into force shall be deemed acceptance of their content.
Termination and suspension of services: Irrespective of the provisions of section 3 above, either Party may terminate the agreement for the provision of electronic services (maintenance of the Account) at any time with a 14 day notice period by sending an appropriate statement to the other Party (the Client in accordance with §4 section 7; the Service Provider to the Client’s email address or via information in the Account). In addition, the Service Provider has the right to suspend the provision of services or block access to the Client’s Account with immediate effect in the event of a material breach by the Client of the Terms and Conditions or applicable law (e.g. actions threatening the security of the Service’s IT system, introduction of unlawful content). The Service Provider shall promptly inform the Client of the suspension or blocking, stating the reasons.
Transfer of rights and obligations: The Client is not entitled, without the Service Provider’s consent, to transfer any rights or obligations arising from the agreement with the Seller (including these Terms and Conditions or sales agreements) to a third party. The Service Provider may transfer the rights and obligations arising from these Terms and Conditions to another entity, for example in the event of a transformation or sale of the enterprise, of which the Clients using the services will be informed.
Severability clause: If any provision of these Terms and Conditions is found to be invalid, ineffective, or unlawful, this shall not affect the validity and effectiveness of the remaining provisions. In place of the invalid provision, a legal rule most closely corresponding to its purpose and nature shall apply, while the remaining part of the Terms and Conditions shall remain in force.
Dispute resolution: Any disputes arising in connection with the performance of agreements covered by these Terms and Conditions shall first be resolved amicably by the Parties. If no agreement is reached, disputes shall be resolved by the competent common court. The Parties agree that the court having territorial jurisdiction shall be the court competent for the registered office of the Seller.
These Terms and Conditions enter into force on 26 January 2026 and apply to agreements concluded from that date onward. The Terms and Conditions have been made available to Clients free of charge via the Service (in a form allowing their acquisition, reproduction, and recording) and have been recorded in electronic form. All previous versions of the Terms and Conditions cease to be effective as of the date these Terms and Conditions enter into force.

Last update of the Terms and Conditions: 26 January 2026.

Appendix to Polish Terms and Conditions EN

Appendix to Polish Terms and Conditions PL

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