Terms of service
Terms of Service
TERMS AND CONDITIONS OF THE SUBFORMA ONLINE PLATFORM
available at: https://subforma.com/pl
Contents- General provisions
- Definitions
- Platform features available without logging in
- User Account registration
- Rules for placing orders and concluding agreements
- Confidentiality and protection of Customer Materials
- Payments
- Delivery and Order Fulfilment
- Exclusion of Statutory Warranty for Defects, Guarantee and Limitation of Liability
- Complaints
- Right of Withdrawal from the Agreement
- Information on Interruptions and Disruptions
- Final Provisions
§1. General provisions
These Terms and Conditions govern the use of the Subforma website, available at the main address https://subforma.com, and the application at https://app.subforma.com (hereinafter collectively referred to as the ‘Platform’). The Platform is intended exclusively for entities that are businesses within the meaning of applicable law (natural persons conducting business, legal persons or organisational units conducting business or professional activities in their own name).
The Service Provider operating the Platform (also referred to as the ‘Seller’) is KOMJ Sp. z o.o., with its registered office in Trzebinia (Poland), ul. Przemysłowa 8, 32-540 Trzebinia, entered in 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, with tax identification number (NIP) 6282286943 and statistical identification number (REGON) 521792213, and share capital of PLN 100,000.00 (in words: one hundred thousand zlotys and 0/00). The Service Provider provides services by electronic means by making the Platform and the features described in these Terms and Conditions available, and enters into Sales Agreements with Customers for the Products offered.
A Customer (also referred to hereinafter as a ‘User’) making purchases on the Platform may only be a business meeting the criteria set out in these Terms and Conditions and using the Platform in connection with its business or professional activities. Access to the Platform’s full functionality, in particular the ability to create an Account and place orders, is reserved exclusively for Customers that are businesses. During registration or when placing an order, the Customer must provide a tax identification number (e.g. a NIP number in Poland or the corresponding tax number in another country) so that its business status can be verified.
The Platform 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 Services by Electronic Means. These Terms and Conditions constitute the terms and conditions referred to in Article 8 of that Act and set out the rights and obligations of the Service Provider and Customers in relation to the provision of services by electronic means through the Platform.
Acceptance of these Terms and Conditions is a condition for creating an Account on the Platform and using its features. By creating an Account or placing an order, the Customer confirms that it has read these Terms and Conditions and undertakes to comply with them. The Service Provider may verify the details provided during registration (including the NIP number) and may refuse to create an Account or fulfil an order if the Customer does not meet the requirement to be a business or has provided incorrect details.
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The Service Provider reserves the right to refuse to create an Account or grant customer status for a particular Subforma, in particular where:
the User does not meet the formal requirements, including the requirement to have business status,
the details provided are untrue or incomplete, or give rise to reasonable doubts as to their reliability,
there are reasonable grounds to suspect that the User’s registration or activities may be fraudulent or contrary to the law, good practice or the principles of fair dealing,
the User’s activities are inconsistent with the Platform’s business profile or do not meet the business, operational or risk criteria adopted by the Service Provider.
The Service Provider’s decision to refuse to create an Account is discretionary and does not require detailed reasons, subject to mandatory provisions of law. Account approval takes place within ___ Business Days of submission of a complete application to create an account.
The Platform’s full functionality, including in particular the ability to make purchases, is available only after the account has been approved by the Service Provider. Until the account is approved, access to the Platform’s transaction features may be restricted.
Persons who have not created an account on the Platform or whose application to create an account has not been approved by the Service Provider may use the Platform to familiarise themselves with the Seller’s offering. In particular, such Users may use features of the Platform that do not require an account, such as browsing the Platform’s content and pages (excluding the purchasing account features), using the contact form, the bot that assists with use of the Platform, the FAQ section and other publicly available information features.
The Customer may contact the Seller by post at the address specified in paragraph 2, by email at hello@subforma.com or by telephone on +48 788 777 861.
Orders may be placed in the Store around the clock. Customer emails are answered, the Seller is available by telephone, and orders are processed from Monday to Friday, between 8:00 and 16:00.
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To use the Platform and place an order through it, the Customer must meet the following technical requirements:
have a computer, laptop or other device with Internet access;
have access to email;
use a web browser (Internet Explorer version 7.0 or later, Mozilla Firefox version 3.0 or later, Opera version 11.0 or later, Google Chrome version 20.0 or later, or Safari version 5.0 or later);
use a minimum screen resolution of 1024x768;
enable the browser to store cookies.
Unless these Terms and Conditions provide otherwise, the services are provided for an indefinite period. The Customer may discontinue the above services at any time, without giving a reason, by sending an appropriate email to the Seller’s email address.
§2. Definitions
For the purposes of these Terms and Conditions, the following terms have the meanings set out below:
Platform – the Subforma online platform, comprising the information website at https://subforma.com and the Subforma web application available at https://app.subforma.com, enabling use of the features described.
Service Provider/Seller – KOMJ Sp. z o.o., with its registered office in Trzebinia, providing services by electronic means and selling Products through the Platform.
Customer/User – an entity that is a business and uses the Platform; a User includes both a business visiting the Platform to browse the offering or use the contact form and a business that has created a User Account and places orders for Products.
Order Recipient (Addressee) – a natural person or entity (including a business or organisational unit) designated by the Customer in an order as the recipient of the Products and authorised to accept delivery at the delivery address specified in the order.
User Account / Purchasing Account (Account) – an individual profile created on the Platform for the Customer through the application available at https://app.subforma.com, protected by a login and password and providing access to additional Platform features, including placing orders, viewing order history, managing details, etc.
Products / Services – items, goods or services offered for order through the Platform. These may include, in particular, printed materials, personalised prints or other products specified in the Platform’s offering.
Sales Agreement – a distance contract concluded between the Customer and the Seller through the Platform for the sale of the Products ordered by the Customer.
Business Days – days from Monday to Friday, excluding public holidays in Poland.
Customer Materials – all materials, files, data and information provided to the Service Provider by or on behalf of the Customer in connection with use of the Platform, the placing of orders or their fulfilment, in particular graphic designs, logos, patterns, production files and print files, texts, personalisation content, recipient lists and Order Recipient details, as well as information about the Customer’s orders, business partners and business activities.
(Other terms used in these Terms and Conditions shall be understood in accordance with their statutory definitions under applicable law or according to the context.)
§3. Platform features available without logging in
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The Platform provides certain content and features that are publicly available to all visitors (including prospective Customers) without registration or login. These features include, in particular:
Browsing the offering – the public part of the Platform provides information about the services and Products offered by the Seller, including product descriptions, specifications, examples of completed projects, price lists (where available), etc. Any Internet user may freely browse this information.
Contact form – the Platform provides online forms through which visitors (businesses) may contact the Service Provider, ask questions or submit requests for quotations. Completing a form requires the provision of contact details (e.g. first name, surname, email address and telephone number) and the enquiry itself. Details submitted through the form are processed solely to handle the enquiry and respond to it.
Other information features – additional materials may be available on the website, such as guides, FAQs, a ‘Chat with us’ feature, terms and conditions, a privacy policy, company information, etc., which the User may consult.
Use of the above features does not require Account registration or the provision of personal data other than the details necessary for communication when completing the contact form. Merely browsing the website is anonymous, although the Platform may use cookies and collect basic technical information about the User’s device in accordance with the Privacy Policy (e.g. the IP address and cookie identifiers). Before using the contact form or other interactive elements of the Platform, the User may be asked to provide the relevant consents (e.g. to personal data processing or the cookies policy).
The Service Provider endeavours to ensure that information made publicly available on the Platform (e.g. concerning the offering, Product specifications, prices, etc.) is up to date and reliable. Information, descriptions, presentations and prices relating to the Seller’s Products and Services published on the Platform are for information purposes only and constitute an invitation to enter into a contract within the meaning of Article 71 of the Civil Code. Such information does not constitute an offer within the meaning of Article 66 of the Civil Code. The Service Provider reserves the right to amend the publicly displayed content at any time (e.g. to update the offering, prices or promotions), without affecting orders already placed and accepted for fulfilment.
§4. User Account registration
Registration requirement: Purchasing Products through the Platform requires the prior creation of a User Account. Account registration is available exclusively to Customers that are businesses and constitutes the conclusion of a contract for the provision of services by electronic means (maintenance of an Account) between the Service Provider and the Customer. Creating an Account is free of charge but requires prior verification and approval by the Service Provider in accordance with §1(6) of these Terms and Conditions.
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Registration procedure: To create an Account, the Customer completes the registration form available on the Platform and provides the required details. The Customer must provide true, current and complete details. In the registration form, the Customer provides, in particular:
first name (and surname, where applicable),
contact telephone number,
the business’s registered name,
tax identification number (NIP or its foreign equivalent); where the Customer does not have an active tax identification number, it may select the appropriate option in the form and must then provide other details enabling verification of its business activities,
the address of its registered office or place of business (street, number, postcode, city/town and country),
email address,
the currency in which the Customer will make purchases on the Platform,
at least one active sales channel, including its website address (URL),
basic statistics concerning its business activities, in particular the range of the number of orders fulfilled per month.
The Customer also sets a password for the Account. The above details are necessary to complete the registration process and are subject to verification by the Service Provider.
Password requirements and security: The Account password should be unique and sufficiently strong. The Customer must keep the password confidential and must not disclose it to third parties. The Customer bears full responsibility for all activities on the Platform carried out after logging in with its login and password. If the Customer suspects unauthorised access to the Account or a security breach, it should immediately change the password and notify the Service Provider.
Conclusion of the Account maintenance agreement: The contract for the provision of services by electronic means consisting in maintenance of an Account is concluded upon completion of the Account registration process. Account registration takes place in several stages. In the first stage, the Customer provides an email address and sets a password. The Customer then receives an email containing a link which must be clicked to confirm the email address. After confirming the email address, the Customer provides the remaining details required to create the Account and accepts these Terms and Conditions. Upon completing registration, the Customer obtains limited access to the Account. Full access to the Platform’s functionality is granted following successful verification of the details and approval of the Account by the Service Provider.
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Refusal or deletion of an Account: The Service Provider reserves the right to refuse registration or deactivate an Account already created if:
the Customer does not meet the requirement to be a business, has provided false or misleading registration details, or does not meet the other criteria specified in §1(6) of these Terms and Conditions;
the Customer’s acts or omissions on the Platform breach these Terms and Conditions, the law or good practice (e.g. attempts to use the Platform for unlawful activities, uploading unlawful content to the Platform, infringement of third-party rights, etc.);
the account remains inactive for a long period (e.g. 2 years) – in such a case, the Service Provider may give the Customer advance notice of its intention to delete the Account.
If registration is refused or the Account is deleted for the above reasons, the Customer will be informed of that decision by email.
Updating details: After logging in to the Account, the Customer may view the details provided during Account registration. The Customer cannot amend its registration details directly. Details are amended at the Customer’s request, submitted through the Customer panel by completing the details amendment form, and the amendment is made by the administrator after verification of the request. The Customer must promptly report changes to its details, in particular address, contact and identification details. The Service Provider is not liable for consequences arising from the Customer’s failure to report, or delay in reporting, changes to its details.
Termination of the Account agreement: The Customer may discontinue its Account and request its deletion at any time. A request to delete the Account must be submitted to the Service Provider (e.g. by sending an email from the address associated with the Account or using the relevant feature on the Platform, where available). The Account will be deleted within 14 days of receipt of the request (unless continued retention of certain data is required by law). Termination of the Account maintenance agreement does not affect Sales Agreements concluded through that Account which have already been performed or are being performed on the basis of instructions submitted by the Customer before the request to delete the Purchasing Account.
§5. Rules for placing orders and concluding agreements
Product offering: Through the Platform, the Seller presents its current offering of Products and Services which the Customer (a business) may order. The offering may include, in particular, printing services and the shipment of materials to designated recipients, personalised advertising products, promotional materials, printing media, etc., in accordance with the information provided for the relevant Product. Each Product has a description and, where necessary, configuration options (e.g. uploading custom artwork or selecting the quantity, format, material, delivery addresses, etc.).
Nature of Product information: All information concerning Products and Services (including descriptions, technical specifications, visualisations and prices) published on the Platform constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code and does not constitute an offer by the Seller within the meaning of Article 66 of the Civil Code. By placing an order through the Platform, the Customer makes an offer to purchase specified Products on the terms set out in the Product description and these Terms and Conditions. A binding Sales Agreement is concluded when the Seller accepts the order (see details below).
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Order placement process: The Customer may place orders after logging in to the Account. Orders are placed directly on the product page and through the subsequent stages of the ordering process available on the Platform:
delivery of the shipment with proof of receipt (recipient’s signature),
shipment insurance,
the Customer selects a Product or Products on the Platform, specifying the available parameters, in particular variants, quantities and other options applicable to the relevant Product;
the Customer proceeds to the list of selected Products, where it may review the order details and edit individual Products before proceeding to the next stage;
the Customer specifies the delivery address by completing the shipping details;
The billing address is consistent with the details provided by the Customer when registering the Account and cannot be edited when placing an order;
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The Customer selects a delivery method from the options available for the country specified in the delivery address. As part of the delivery method, the Customer may select additional options, in particular:
an express order fulfilment service, under which the order is fulfilled within 48 hours, for an additional fee of 20% of the order value;
delivery with acknowledgement of receipt (the recipient’s signature);
shipment insurance.
Delivery with acknowledgement of receipt and shipment insurance are mandatory for orders with a value exceeding PLN 3,000.00 (three thousand Polish zlotys);
The Customer selects a payment method from those available on the Platform, in particular electronic payment, payment through external payment service providers or deferred payment, subject to the trade credit limit set by the Service Provider;
The Customer may add notes or comments to the order;
Before saving the order, the Customer receives an order summary covering the selected Products, the delivery method, the payment method and the total order value;
When the Customer saves the order, it is added to the order list in the Customer’s Account;
After saving the order, the Customer must add the production files necessary to fulfil the order and approve the order for printing;
The Customer’s approval of the order constitutes an offer to purchase the specified Products in accordance with the agreed order details (payment method, delivery selection and the option to select shipment insurance in accordance with the purchasing features available in the User Account).
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Ordering process through stores integrated with Subforma: The Platform enables Orders to be placed through integrations with external sales platforms, in particular online stores and e-commerce platforms (e.g. Etsy, Shopify) integrated with Subforma (“Integration Orders”):
providing shipping details if they have not been transferred automatically from the Customer’s store sales system (this applies, among other cases, to orders originating from Etsy for customers in the USA, Canada and Turkey);
uploading the production files necessary to fulfil the Order;
calculating the Order price by assigning the appropriate Product and its attributes from the Product catalogue available on the Platform, thereby determining the purchase price applicable on the Platform;
selecting a payment method and paying for the Order;
The Order price calculation referred to above is carried out using the “calculate” feature, which enables the Customer to select the appropriate Product and its parameters from the Platform’s Product catalogue. Once the calculation has been completed, the Order price is updated to the price charged by the Service Provider;
Integration Orders are automatically transferred from the sales system of the store operated by the Customer to the Platform and saved in the order list in the Customer’s Account with the status of a new Order;
An Integration Order may contain data transferred from the Customer’s store sales system, in particular information about the Product, its size and the selling price applicable in the Customer’s store;
To submit an Integration Order for fulfilment, the Customer must provide all information and complete all actions in the Customer’s Account necessary for its proper fulfilment, in particular:
Until all the actions referred to in point (c) above have been completed, the Integration Order is not treated as approved for fulfilment;
Approval of an Integration Order after the required information has been provided, the Product price has been calculated and payment has been made constitutes an offer by the Customer to purchase the Products covered by the Order on the terms specified on the Platform.
Once the Order has been approved for fulfilment, its further fulfilment proceeds on the same terms as Orders placed directly on the Platform.
Correcting errors in an order: Until the order is approved (by clicking the final confirmation button), the Customer may modify the information entered and make changes on the Product page. After the order has been approved, any changes (e.g. correcting the delivery address or quantity) require contact with the Service Provider and may not always be possible, particularly once fulfilment (production) of the Products has begun. The individual Product order statuses are described in the “Order statuses” tab in the User Account.
Acknowledgement of receipt of an order: After placing an order, the Customer will receive an automatic acknowledgement of receipt of the order by the Service Provider at the email address provided. This acknowledgement contains the order number, a summary of its terms (the Products ordered, the total price, the Customer’s details, the delivery address, the selected payment method, etc.) and information that the order has been received for verification. The automatic acknowledgement does not yet constitute acceptance of the Customer’s offer; it only confirms that the order has reached the Seller’s system.
Conclusion of the agreement: After verifying the order (including the availability of materials, the correctness of print files, the crediting of payment in the case of advance payment, etc.), the Seller will send the Customer an email confirming acceptance of the order for fulfilment. A Sales Agreement between the Customer and the Seller is concluded when the Seller sends that confirmation. If it is not possible to fulfil all or part of the order, the Seller will inform the Customer accordingly (for example, by proposing a modification to the order or an extension of the fulfilment period, or by cancelling the order for objective reasons).
Personalisation and materials supplied by the Customer: Fulfilment of the ordered Product or Service requires the Customer to provide certain materials or information (e.g. content to be printed, graphics, a list of delivery recipients, etc.). The Customer represents that all materials supplied for fulfilment of the order (e.g. graphics, logos and texts) comply with the law and that the Customer holds all the required rights (including economic rights in copyright and licences) to use them for the purpose of fulfilling the order. The Customer must not provide materials that are unlawful, offensive, infringe third-party rights or are prohibited from being distributed. The Service Provider reserves the right to refuse to fulfil an order where fulfilment using the materials supplied by the Customer would breach the law or these Terms and Conditions.
Cooperation in fulfilment: The Customer must cooperate in the fulfilment of the order, in particular by providing the Seller with necessary information, receiving email correspondence concerning the order and making payments on time. If the Seller finds that files or information supplied by the Customer are incorrect or incomplete, the Seller may contact the Customer to have them supplemented or corrected. The order fulfilment period runs from receipt of complete and correct documentation (materials) from the Customer and, in the case of advance payment, from the time the payment is credited.
Invoices: The Seller issues VAT invoices for Products sold. By accepting the Terms and Conditions, the Customer consents to receiving invoices in electronic form (invoices are available in the “Billing” tab in the User Account). Invoice details are taken from the information provided by the Customer in the Account or when placing the order; the Customer should ensure that they are up to date and correct.
§6. Confidentiality and protection of Customer Materials
Scope of protection: Customer Materials (as defined in §2 of the Terms and Conditions) are protected on the terms set out in this section, regardless of the form or medium in which they were supplied and regardless of whether they were marked as confidential or protected.
Customer’s rights: Neither the Terms and Conditions, the conclusion of a Sales Agreement nor the fulfilment of an order transfers to the Service Provider any intellectual property rights in Customer Materials, in particular economic rights in copyright or rights in trademarks and designs. These rights belong to the Customer or to the entities from which the Customer derives them. The Service Provider uses Customer Materials only to the extent necessary to fulfil the order, under a non-exclusive licence granted by the Customer free of charge for the duration of order fulfilment, covering fixation, reproduction by printing, storage in device memory and technical processing of files (e.g. adjustment of the format or colour profile), including by the subcontractors referred to in paragraph 5.
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Legal protection of Customer Materials: The Service Provider acknowledges and confirms that Customer Materials are protected under generally applicable law, in particular:
the Act of 4 February 1994 on Copyright and Related Rights, to the extent that Customer Materials (including graphic designs, texts, photographs and graphic layouts) constitute works or subject matter protected by related rights;
the Act of 16 April 1993 on Combating Unfair Competition, to the extent that Customer Materials (including recipient lists, information about business partners and orders, and know-how) constitute the Customer’s trade secrets;
the Industrial Property Law Act of 30 June 2000, to the extent that Customer Materials include trademarks, industrial designs or other subject matter protected by industrial property rights;
the Civil Code, in respect of liability for non-performance or improper performance of obligations arising from the Terms and Conditions.
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Duty of confidentiality: As a contractual obligation arising from the Terms and Conditions, the Service Provider undertakes:
to keep Customer Materials confidential and not to use them for any purpose other than fulfilling orders and performing agreements with the Customer;
not to disclose Customer Materials to third parties, subject to paragraphs 5 and 6;
not to reproduce Customer Materials or produce copies in excess of the quantity ordered, except for copies technically necessary for proper fulfilment of the order (e.g. test prints), which must be destroyed or remain protected on the terms set out in this section;
not to use Customer Materials or Products made using them in advertising materials, in a portfolio, in examples of completed work presented on the Platform or on social media without the Customer’s prior consent given in documentary form (e.g. by email).
Access and subcontractors: The Service Provider makes Customer Materials available only to those employees, contractors and subcontractors (in particular printing houses, carriers, IT and payment service providers and advisers) who need access to them to fulfil an order or operate the Platform, and ensures that they are bound, by contract or by law, by a duty of confidentiality no less extensive than that arising from this section.
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Exceptions: The duty of confidentiality does not apply to information that:
is or becomes publicly available without a breach of the Terms and Conditions by the Service Provider;
the Service Provider has lawfully obtained from a third party not bound by a duty of confidentiality towards the Customer, or has developed independently of Customer Materials;
must be disclosed under the law, a court ruling or a request from a competent authority; in such a case, the Service Provider discloses the information only to the extent necessary and, where permitted by law, informs the Customer in advance;
needs to be disclosed to establish, pursue or defend claims connected with an agreement with the Customer.
Duration: The duty of confidentiality continues throughout the period in which the Customer uses the Platform and for 5 years after the last agreement entered into with the Customer ends. In the case of information constituting the Customer’s trade secrets and personal data, this duty continues for as long as the information retains that status.
Storage, deletion and security: The Service Provider applies appropriate technical and organisational measures to protect Customer Materials against unauthorised access, loss or destruction. Files containing Customer Materials are retained for the period necessary to fulfil the order, handle complaints and any repeat orders from the Customer, and comply with legal obligations, after which they are deleted. At the Customer’s request sent to the Service Provider’s email address, the Service Provider will delete files containing Customer Materials within 30 days of receiving the request, except for files whose retention is required by law or necessary to pursue or defend claims. If a breach of the confidentiality of Customer Materials is identified, the Service Provider will inform the Customer without delay.
Personal data: If Customer Materials contain personal data (e.g. details of Order Recipients), the data are processed in accordance with the GDPR and the Privacy Policy and, where required by law, under a separate data processing agreement. The duty of confidentiality under this section neither limits nor replaces the obligations arising from the GDPR, and the Customer’s responsibility for the lawfulness of transferring such data is set out in §5(7) of the Terms and Conditions.
Relationship with generally applicable law: The provisions of this section constitute a contractual obligation to restrict the disclosure and use of information as referred to in Article 11 of the Act on Combating Unfair Competition. A breach of these provisions may, independently of contractual liability under the Civil Code, constitute an act of unfair competition and give rise to the claims provided for in Article 18 of that Act and, in the event of copyright infringement, the claims provided for in the Act on Copyright and Related Rights. This section neither excludes nor limits the protection available to the Customer under generally applicable law.
§7. Payments
Product prices: All Product prices quoted on the Platform are net prices (excluding VAT) or gross prices (including VAT); information indicating whether tax is included is provided alongside each price. Prices are expressed in Polish currency (PLN), unless otherwise stated.
Total cost of the order: The final amount payable for an order comprises the price of the Products ordered plus any delivery costs (e.g. courier charges), taking account of any reductions or discounts used by the Customer. The Service Provider makes information about available discounts accessible in the User Account (in particular, an overall discount or a discount on individual Services may be available once the conditions specified by the Service Provider have been met). The Customer is informed of the total cost of the order in the summary before the order is finally placed.
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Payment methods: The Seller makes the following payment methods available for the Products ordered:
Electronic payment made immediately after placing the order through the payment service providers PayNow and PayPal;
Payment card transactions are processed by Autopay S.A.;
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Online payment (advance payment):
Accepted cards:
Visa,
Visa Electron,
Mastercard,
MasterCard Electronic,
Maestro.
Lack of payment confirmation may result in cancellation of the order.
Deferred payment: Deferred payment (e.g. within 7 or 14 days) may be available to selected Customers by individual arrangement with the Seller, including through the payment service provider Stripe;
Trade credit: The Seller may grant the Customer trade credit of up to PLN 20,000. In such a case, amounts due for orders may be settled periodically. The conditions for granting trade credit and the possibility of continuing to use this payment method are subject to the Seller’s decision.
The Seller may also make other payment methods available on the Platform; the methods currently available are indicated each time during the ordering process.
Order fulfilment: Unless the Terms and Conditions provide otherwise, the Customer must make payment within 3 Business Days of the date of purchase.
Payment security: For online payments, transactions are processed through secure, encrypted connections to the payment service provider’s system. Payment card details and other sensitive financial information are not accessible to the Seller (they are handled exclusively by the payment service provider).
Payment confirmation: After making payment (online / PayPal / deferred payment), the Customer will receive confirmation of receipt of payment from the Seller (e.g. an email confirming that the order has been paid for). For online payments, confirmation is usually immediate. Order fulfilment begins (or dispatch takes place) 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 date on which the payment must be credited to the Seller’s account.
§8. Delivery and Order Fulfilment
Delivery methods: The Seller delivers ordered Products within the territory of the Republic of Poland and to other countries where this option is available on the Platform. Delivery is carried out by professional courier companies or a postal operator; the available options are shown to the Customer when placing an order. The Customer selects their preferred delivery method from those available for the relevant Products.
Delivery costs: Delivery costs are borne by the Customer. The delivery cost depends on the selected shipping method, the type and dimensions of the Products and the delivery address, and is displayed to the Customer when placing an order, before final confirmation.
Fulfilment time: The estimated time for fulfilment (completion) of an order and delivery is specified in each case in the Product description or during the ordering process. The delivery time depends on the selected delivery method, the destination country and the courier company handling the shipment.
Packaging and shipping: Products are packaged in a manner appropriate to their nature so as to minimise the risk of damage in transit.
Receipt of the shipment: The recipient of the shipment (or a person authorised by the Customer to receive it) must inspect its condition upon receipt. If external damage to the packaging is found, or there is any other reason to suspect damage to the contents, it is recommended that a damage report be drawn up in the presence of the courier and that the Seller be contacted without delay. Regardless of the above, any shortages or damage to the Products discovered after opening the parcel must be reported to the Seller within a reasonable time.
Transfer of risk: Pursuant to Article 548 §1 of the Civil Code, the benefits and burdens associated with the goods sold, and the risk of accidental loss of or damage to the Products, pass to the Customer or the Order Recipient when the goods are handed over to the carrier (courier) for delivery to the Customer or the recipient of the shipment. The Seller is not liable for any acts or omissions of the carrier. However, as part of its cooperation with the Customer, the Seller may assist in pursuing claims against the carrier in the event of damage in transit, for example by providing the necessary documents or information.
Failure to collect the shipment: If the Customer or the Order Recipient fails to collect the shipment within the agreed time, for example due to refusal to accept delivery, absence at the address or expiry of the collection period, the shipment will be returned to the Seller. In such a case, the Seller will contact the Customer to arrange re-dispatch. The Seller may charge the Customer additional costs of re-dispatch or storage, unless the failure to collect was attributable to the Seller or the carrier. If it is not possible to contact the Customer or the Order Recipient, or if the Customer or the Order Recipient refuses to cooperate in taking delivery, the Seller may withdraw from the sales agreement within 14 days after the shipment is returned. In the event of withdrawal, if the Customer has made payment, the Seller will refund the amount paid less the costs incurred in shipping and returning the Products.
§9. Exclusion of Statutory Warranty for Defects, Guarantee and Limitation of Liability
Exclusion of statutory warranty for defects: The Parties (the Seller and the Customer acting as a business) agree to exclude the Seller's liability under the statutory warranty for physical and legal defects in the Products sold, pursuant to Article 558 §1 of the Civil Code. This means that the Seller is not liable to the Customer for defects in the goods sold, except where the Seller has fraudulently concealed a defect from the Customer; in such a case, the exclusion of the statutory warranty for defects is ineffective (Article 558 §2 of the Civil Code). This provision does not exclude or limit any rights of the Customer under a quality guarantee granted for a Product, if any such guarantee has been granted (see paragraph 2 below).
Guarantee and liability for the shipment: The Seller does not provide its own guarantee for the Products sold. The procedure for submitting complaints concerning the Products delivered is set out in §10 of these Terms and Conditions.
If a shipment is damaged or lost in transit:
if the shipment was insured, the Seller will fulfil the order again or send a new Product without waiting for the carrier's complaints procedure to be completed;
if the shipment was not insured, a new order will be fulfilled after the carrier's complaints procedure has been completed.
General limitation of liability: The Seller's liability to the Customer for non-performance or improper performance of an agreement, including a sales agreement for Products and an agreement for the provision of services by electronic means, is limited to actual losses incurred and does not include the Customer's loss of profits. Under no circumstances will the Seller be liable for indirect or consequential loss, or loss arising from special circumstances that could not have been foreseen when the agreement was concluded.
Financial cap: The Seller's total liability in damages to any given Customer, on all grounds, is limited, to the extent permitted by law, to the value of the order to which the loss relates. This limitation does not apply to loss caused by the Seller's intentional misconduct or to liability for personal injury that cannot be excluded or limited under mandatory provisions of law.
Force majeure: The Seller is not liable for failure to perform, or delay in performing, its obligations caused by force majeure, which the Parties understand to mean external events beyond their control that could not have been foreseen or prevented through the exercise of due care. Force majeure includes, in particular, natural disasters (floods, fires, earthquakes, etc.), wars, riots, terrorist acts, infrastructure failures (for example, a prolonged power outage or failure of information and communications networks), acts of public authorities preventing performance of the agreement, epidemics and other extraordinary events. In the event of force majeure, the time for performance of the Parties' obligations will be extended accordingly by the duration of the impediment. The Party affected by force majeure should notify the other Party of its occurrence without delay.
Content supplied by the Customer: The Seller is not liable for materials and content supplied by the Customer (for example, graphic files, mailing lists or text for printing), or for any unlawfulness of such materials or content or any infringement of third-party rights. The Customer is responsible for such materials. The Customer undertakes to indemnify the Seller and cover any third-party claims arising in connection with materials supplied by the Customer for fulfilment of an order, in particular where such materials infringe third-party copyright, trademarks, trade secrets or personal data rights.
Seller's obligations: The Seller exercises due care to ensure that photographs of product designs reflect their colour, character and texture. The colours of products in photographs may differ slightly from their actual colours due, among other things, to differences in the resolution, calibration and brightness of the Customer's computer screen on which the photographs are displayed, or to the use of flash photography. To address this, the Seller provides a description of the product and its colour in addition to the photograph. In case of doubt, please contact the Seller in advance. The colours of the printed product may differ slightly from those presented on the Store website due to the nature of the printing process for the product concerned. This results from permissible colour variations of approximately 5% in saturation and from the settings of the Customer's monitor on which the product colour was displayed.
§10. Complaints
Scope of complaints: The Customer may submit complaints concerning both the operation of the Platform (services provided by electronic means) and the performance of sales agreements for Products (for example, the quality of Products received or errors in fulfilling an order). In view of the exclusion of the statutory warranty for defects under §9(1), complaints concerning defects in Products will be considered solely in accordance with the rules set out in this section, as a procedure for amicably resolving the Customer's complaint.
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Submission procedure: Complaints must be submitted electronically:
on the product page 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 Customer provide their identification details (business name, Platform login and contact details), the order number, if applicable, a description of the circumstances giving rise to the complaint and a specific request for a remedy (for example, re-performance of the service, correction of an error or other compensation). Wherever possible, photographic or other documentation illustrating the problem should be attached, such as photographs of the defective product or screenshots.
Time for submitting a complaint: Complaints concerning malfunctioning of the Platform should be submitted without delay after the problem occurs. Complaints concerning order fulfilment, including the quality of Products, should be submitted within a reasonable time after the cause is discovered (for example, a defective product), preferably no later than 14 days after receipt of the shipment.
Acknowledgement and consideration of complaints: The Seller will acknowledge receipt of the complaint (by a reply email if the complaint was submitted by email). Complaints are considered without delay, in the order in which they are received. The Seller will respond to the Customer's complaint within 14 days of receipt. The response will be sent to the Customer's email address or provided by another means specified by the Customer. In particularly complex cases that prevent the complaint from being considered within that period, the Seller will inform the Customer of the longer period expected to be required to respond to the complaint and give the reasons for the delay.
Upholding a complaint: If a complaint is found to be justified, the Seller will take appropriate action to satisfy the Customer's claims. Depending on the nature of the complaint, this may involve repairing or remaking the defective Product, supplying missing items from the order, reducing the price (granting a discount) or, exceptionally, refunding the price paid (withdrawal from the agreement by arrangement with the Customer). The remedy selected for a complaint that has been upheld should take into account the nature of the irregularities identified and the Customer's legitimate interests. In the event of a dispute as to how the complaint should be resolved, the Parties will seek an amicable solution.
Rejection of a complaint: If a complaint is rejected as unfounded, the Customer will be informed accordingly and given the reasons for the decision.
Limitation of liability after installation: Complaints concerning Products may be upheld only if they are submitted before the Product is installed. Once installed, the Product is deemed to have been accepted by the Customer as conforming to the order, and any irregularities may result from installation errors for which the Seller is not liable.
The provisions of this section do not limit the Customer's rights under mandatory provisions of law. In view of the exclusion of the statutory warranty for defects, the complaints procedure is contractual in nature; however, a Customer acting as a business has no rights under the statutory warranty for defects, except in the circumstances specified in Article 558 §2 of the Civil Code (fraudulent concealment of a defect).
Complaints procedure for sole traders entitled to consumer rights: Paragraphs 9–14 of this section apply as appropriate to Customers who are individuals operating as sole traders and who have concluded a Sales Agreement not directly related to the professional nature of their business (so-called sole traders entitled to consumer rights). The Seller's liability to a sole trader entitled to consumer rights for a Product's lack of conformity with the agreement continues for the period prescribed by mandatory consumer law, calculated from the date on which the Product is delivered.
In matters not covered by these Terms and Conditions, the consumer law provisions concerning lack of conformity of goods with the agreement apply as appropriate to complaints submitted by sole traders entitled to consumer rights.
The Seller will respond to a complaint from a sole trader entitled to consumer rights within 14 days of receipt; failure to respond within that period means that the complaint is deemed to have been upheld.
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If a complaint from a sole trader entitled to consumer rights is upheld, the Seller may, according to the Customer's choice and within the limits prescribed by law:
bring the Product into conformity with the agreement by repairing or remaking it,
reduce the price of the Product,
refund all or part of the price paid,
withdraw from the agreement if the Product's lack of conformity with the agreement is material.
The exclusion of the statutory warranty for defects provided for in §9 of these Terms and Conditions does not apply to sole traders entitled to consumer rights to the extent required by mandatory provisions of law.
Complaints concerning Products made to the Customer's individual order may be upheld only to the extent that the identified lack of conformity does not result from materials, designs or files supplied by the Customer.
§11. Right of Withdrawal from the Agreement
A Customer who is an individual operating as a sole trader and who concludes a Sales Agreement not directly related to the professional nature of their business (a so-called sole trader entitled to consumer rights within the meaning of Article 38a of the Act of 30 May 2014 on Consumer Rights) has the right to withdraw from an agreement concluded at a distance without giving any reason, subject to paragraph 8 below.
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The withdrawal period is 14 days from the date on which:
the Customer, or a third party designated by the Customer other than the carrier, takes possession of the Product,
or, in the case of an agreement covering several Products delivered separately, in batches or in parts, possession is taken of the last Product, batch or part.
To exercise the right of withdrawal, the Customer should inform the Seller of their decision by means of an unequivocal statement, in particular by sending an email to hello@subforma.com or a written notice to the Seller's registered office address specified in these Terms and Conditions.
The Customer may use the model withdrawal form attached to these Terms and Conditions, but is not required to do so.
To meet the withdrawal deadline, it is sufficient to send the statement of withdrawal before the withdrawal period expires.
If the Customer validly withdraws from the agreement, the Seller will reimburse all payments received from the Customer, including the cost of delivery of the Product, except for additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller, without delay and in any event no later than 14 days after receipt of the statement of withdrawal.
The Seller may withhold reimbursement of payments received from the Customer until the Seller has received the Product back or the Customer has supplied proof of having sent it back, whichever occurs first.
Reimbursement will be made using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees otherwise; the Customer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until the Seller has received the Product back or the Customer has supplied proof of having sent it back, whichever occurs first.
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The right of withdrawal does not apply in the circumstances specified in Article 38 of the Act on Consumer Rights, in particular to agreements:
for Products that are not prefabricated and are made to the Customer's specifications or meet the Customer's individual needs, including Products made on the basis of files, designs, patterns or other materials supplied by the Customer;
under which the Customer has expressly consented to order fulfilment, in particular production, beginning before the withdrawal period expires and has been informed of the resulting loss of the right of withdrawal.
Where the right of withdrawal applies, the Customer must return the Product to the address specified by the Seller without delay and in any event no later than 14 days after the date on which the Customer informed the Seller of the withdrawal. To meet this deadline, it is sufficient to send back the Product before that period expires.
The Customer bears the direct costs of returning the Product, unless the Seller has agreed to bear them or has failed to inform the Customer of the obligation to bear those costs.
The Customer is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning.
The provisions of this section do not apply to Customers acting as businesses other than sole traders entitled to consumer rights; such Customers have no right to withdraw from an agreement concluded at a distance.
§12. Information on Interruptions and Disruptions
The Service Provider reserves the right to introduce technical interruptions in the operation of the Platform, in particular for maintenance, updates, modifications, expansion or fault rectification, and to ensure the security and stability of the Platform.
Where possible, technical interruptions will be scheduled at times that cause the least inconvenience to Users, and information on a planned interruption may be provided in advance on the Platform or sent to the email address associated with the Account.
Technical interruptions may also be unplanned, in particular in the event of failures, security incidents or circumstances beyond the Service Provider's control.
The Service Provider is not liable for temporary unavailability of the Platform or its functionality resulting from technical interruptions, provided that they were introduced for justified reasons and the Service Provider exercised due care.
The Customer will be informed of all technical interruptions in the operation of the Platform, interruptions in production, material shortages or other circumstances that may affect order fulfilment by means of a notification on the Platform dashboard and, where possible, electronically at the email address associated with the Account.
§13. Final Provisions
Governing law: Matters not covered by these Terms and Conditions are governed by Polish law, in particular the Civil Code, the Act of 18 July 2002 on the Provision of Services by Electronic Means and, with regard to personal data protection, the GDPR and the Personal Data Protection Act. These Terms and Conditions are not subject to consumer protection provisions, as the Platform's offering is addressed exclusively to businesses.
Privacy Policy: The rules governing the Service Provider's processing of personal data in connection with the operation of the Platform, including the processing of personal data of Customers or persons designated by Customers (for example, Order Recipients), are set out in a separate document, namely the Platform's 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 valid reasons, in particular changes to the scope or form of the services provided, changes in the law affecting these Terms and Conditions, the addition of new Platform functionality, changes to the Service Provider's address or contact details, etc. The Service Provider will notify Customers who hold an Account of any planned amendment by sending the relevant information to the email address associated with the Account or by posting a notification in the Account panel, with appropriate advance notice of at least 14 days before the amendments take effect.
Acceptance of amendments: The amended Terms and Conditions are binding on the Customer provided that the Customer has been informed of the amendments as described above and has not given notice of termination of the agreement for the provision of services (the Account) by the date on which the amendments take effect. A Customer who does not accept the planned amendments to the Terms and Conditions should, before they take effect, delete their Account or inform the Service Provider that they do not accept the amendments; this will constitute termination of the Account agreement as of the date on which the objection is notified. Placing an order or continuing to use the Platform after the new Terms and Conditions take effect constitutes acceptance of their content.
Termination and suspension of services: Irrespective of paragraph 3 above, either Party may terminate the agreement for the provision of services by electronic means (maintenance of the Account) at any time by giving 14 days' notice and sending an appropriate statement to the other Party (the Customer in accordance with §4(7); the Service Provider to the Customer's email address or by a notification in the Account). In addition, the Service Provider may suspend the provision of services or block access to the Customer's Account with immediate effect if it finds that the Customer has committed a serious breach of these Terms and Conditions or applicable law, for example by taking actions that threaten the security of the Platform's IT system or submitting unlawful content. The Service Provider will notify the Customer of the suspension or block without delay, giving the reasons.
Transfer of rights and obligations: The Customer may not transfer to a third party any rights or obligations arising from an agreement with the Seller, including these Terms and Conditions or sales agreements, without the Service Provider's consent. 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 corporate transformation or sale of the business, and will notify the Customers to whom it provides services.
Severability: If any provision of these Terms and Conditions proves to be invalid, ineffective or unlawful, this will not affect the validity and effectiveness of the remaining provisions. The invalid provision will be replaced by the rule of law closest to it in purpose and nature, and the remainder of these Terms and Conditions will remain in force.
Dispute resolution: The Parties will first seek to resolve amicably any disputes arising in connection with the performance of agreements covered by these Terms and Conditions. If no agreement is reached, disputes will be resolved by the ordinary court with subject-matter jurisdiction. The Parties agree that the court with territorial jurisdiction to hear the dispute will be the court having jurisdiction over the Seller's registered office.
These Terms and Conditions enter into force on 01.11.2026 and apply to agreements concluded on or after that date. These Terms and Conditions have been made available to Customers free of charge through the Platform in a form that allows their content to be obtained, reproduced and stored, and have been recorded in electronic form. All previous versions of the terms and conditions cease to apply on the date on which these Terms and Conditions enter into force.
Terms and Conditions last updated: 01.11.2026