Terms of service

Art. 1. [Basic Information]

These Terms (hereinafter: the “Terms”) are the terms of providing electronic services via the website: https://zubracolors.com/ (hereinafter: the “Website”).

The Controller of your personal data is: ZUBRA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, al. Karkonoska 59, 53-015 Wrocław, NIP: 8971890319, REGON: 388568576 (hereinafter: the “Service Provider”).

You can contact the Service Provider via:
e-mail: hello@zubracolors.com
telephone: +48 882 028 115

These Terms were adopted on 21/05/2024.

The Service Provider reserves the right to amend the Terms for valid reasons, in particular due to changes in the law or technological changes. For agreements concluded before an amendment, the version in force at the time of conclusion shall apply.

Art. 2. [Types and Scope of Services Provided]

The Website contains basic information about the Service Provider’s business activity: publishing original materials on decorative plasters and an online store.

Through the Website, the Service Provider provides paid and free services, including within the online store:

• sale of digital content in the form of the Service Provider’s original publications;
• sale of time-limited and renewable access to the Service Provider’s digital content;
• testers and samples of limewash paints;
• sale of limewash paints manufactured according to the customer’s individual specification;
• sale of mineral primers;
• sale of brushes;
• sale of mineral plasters;
• creation of a user account;
• subscription to a newsletter with commercial information (promotions, special offers);
• publishing comments.

1. Paid services are marked in such a way that it is clear their use involves an obligation to pay.
2. Testers and samples of limewash paints referred to in sec. 2 are indicative in nature and may differ from the final paint color (e.g., a shade on a larger surface may look different).

Art. 3. [Technical Conditions for Using the Services]

1. To use the Website properly, you should have:
   • a device (PC, tablet, smartphone) with Internet access,
   • a web browser,
   • full legal capacity in order to make purchases on the Website,
   • an e-mail address to make purchases on the Website or subscribe to the newsletter.
2. It is prohibited to publish unlawful content on the Website.

Art. 4. [Online Store]

1. [Placing Orders]

1. Orders can be placed only after creating a user account (client panel).
2. An order is placed by completing the form in the client panel, in particular by providing the data specified in the order form. The data should be true and up to date.
3. A sales contract is concluded after providing the required data, clicking the “Buy and pay” option, paying the price (excluding cash-on-delivery payments), and after an e-mail confirmation of the order sent by the Service Provider.
4. The Service Provider will fulfil the order after payment and confirmation of the order. The payment deadline is 3 days; after this period the order is automatically cancelled.
5. Orders for individual publications of the Service Provider are usually fulfilled within 5 to 7 days after the payment is credited to the Service Provider’s bank account, unless another deadline is indicated when placing the order.
6. The Service Provider fulfils the order by making the purchased publication available in the user’s account.
7. Access to publications in the account may be time-limited as part of subscriptions sold by the Service Provider.

2. [Payments]

1. The Service Provider enables payment: (1) via an online payment operator or (2) by transfer to the Service Provider’s bank account.
2. Payment is deemed made when the funds are credited to the Service Provider’s account or registered by the payment operator’s system; Orders can be paid via the Stripe payment platform. If you choose payment via Stripe, the entity providing online payment processing is Stripe.

3. [Delivery / Collection of Goods]

1. The Service Provider sells digital content recorded in popular formats.
2. Purchased content is made available to each user in their individual user account.
3. The order processing time is up to 5 business days, unless a shorter period is indicated in the description of a given Product or during the ordering process.
4. The user may download purchased publications from their account no more than 10 times.
5. In case of problems with the received publication (e.g., the file does not open), please contact the Service Provider.

4. [Other Information]

1. In case of doubt, prices on the Website are deemed gross (incl. VAT).
2. The Service Provider reserves the right to refuse to fulfil an order if, in particular: (a) false data preventing delivery of the ordered publication has been provided; (b) the order has not been paid on time.

Art. 5. [Consumer Rights]

1. The provisions of Arts. 5–7 below apply to consumers and entities using consumer rights under the Civil Code.
2. With respect to persons and entities other than those indicated in sec. 1 above, the Service Provider’s liability for warranty (rękojmia) shall apply under the Civil Code.
3. A consumer is a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity. Consumer rights may also be exercised by a sole trader (natural person conducting business activity) if, under the contract, it is clear that the contract does not have a professional character for this person, in particular arising from the subject of their business activity made available under CEIDG regulations.
4. The legal basis for consumer rights is the Consumer Rights Act. Contract provisions less favourable to the consumer than the provisions of the Act are invalid and the provisions of the Act apply instead.

Art. 6. [Consumer Right of Withdrawal]

1. Any person who purchases goods or services as a consumer has the right to withdraw from the contract without giving any reason. Note! The right of withdrawal does not apply when purchasing digital content not recorded on a tangible medium or services, if performance began with your explicit consent before the expiry of the withdrawal period.
2. To exercise the right of withdrawal without giving any reason, you must submit a declaration of intent to that effect. You may use the form at the very end of the Terms, but it is not mandatory. It is sufficient to send us an e-mail or a handwritten letter providing your data (first name, last name, residential address, optionally phone number or e-mail address), information about the purchased goods or service, together with a statement that you withdraw from the contract.
3. The 14-day period is deemed observed if, before it expires, you send us an e-mail or a letter.
4. In the event of withdrawal from a distance contract, the contract is deemed not concluded and therefore we are obliged to refund your payments, and you are obliged to return the purchased goods.
5. 4a. WARNING! If the purchase was made without prior use of the testers offered by us or consultation with our representative, the Consumer has the right to return the product provided that the product has not been opened and its condition allows resale as new. In such a case, only 50% of the purchase price is refundable. Failure to return the product in an intact condition will result in refusal to accept the return and the transaction will be deemed final.
6. The right of withdrawal does not apply to products made to the consumer’s specifications or clearly personalized to meet their individual needs, pursuant to Art. 38(3) of the Consumer Rights Act.
7. This applies in particular to limewash paints prepared to individual order.
8. No later than 14 days from the date of receiving the withdrawal statement, we will refund all payments made by you, including delivery costs (if incurred), provided that we refund delivery costs up to the amount of the cheapest delivery option we offer. If you chose a delivery method other than the cheapest standard delivery offered by us, we are not obliged to refund the additional costs incurred by you.
9. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods. We will refund your payments using the same means of payment that you used unless you request a different method of refund.
10. The goods should be returned no later than 14 days from the day on which you withdrew from the contract. The deadline is met if you send back the goods before it expires. The direct costs of returning the goods incurred by the Client will not be refunded by us.
11. In the event of withdrawal from the contract, you are liable for any diminished value of the goods resulting from handling them other than what is necessary to establish the nature, characteristics and functioning of the goods.

Art. 7. [Consumer Rights in Case of Lack of Conformity with the Contract]

1. The Service Provider is liable to the consumer for lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that time, unless the period of usability specified by the Service Provider, its legal predecessors or persons acting on their behalf is longer. It is presumed that a lack of conformity that becomes apparent within two years of delivery existed at the time of delivery unless proven otherwise or the presumption is incompatible with the nature of the goods or the lack of conformity.
2. For goods with digital elements, the Service Provider is liable to the consumer for lack of conformity of the digital content or digital service supplied continuously that occurred or became apparent during the time they were to be supplied under the contract. This period may not be shorter than two years from delivery of the goods with digital elements. It is presumed that a lack of conformity of digital content or a digital service with the contract occurred during that period if it became apparent during that time.
3. The Service Provider is liable for lack of conformity with the contract of digital content or a digital service supplied once or in parts that existed at the time of supply and became apparent within two years of that time. It is presumed that a lack of conformity of the digital content or digital service with the contract that becomes apparent within one year of supply existed at the time of supply.
4. The Service Provider is liable for lack of conformity with the contract of digital content or a digital service supplied continuously that occurred or became apparent during the time they were to be supplied. It is presumed that the lack of conformity occurred during that time if it became apparent then.
5. The presumptions set out in secs. 3 and 4 do not apply if:
   • the consumer’s digital environment is not compatible with the technical requirements about which the Service Provider informed the consumer clearly and understandably before the contract was concluded;
   • the consumer, having been clearly and understandably informed before the contract about the obligation to cooperate with the Service Provider to a reasonable extent and using the least burdensome technical means to determine whether the lack of conformity of the digital content or digital service with the contract within a reasonable time results from the features of the consumer’s digital environment, fails to fulfil this obligation.

Consumer entitlements in case of non-conformity of goods with the contract:

1. If the goods are not in conformity with the contract, the consumer may demand repair or replacement.
2. The Service Provider may replace when the consumer demands repair, or may repair when the consumer demands replacement, if bringing the goods into conformity in the manner chosen by the consumer is impossible or would impose excessive costs on the Service Provider.
3. If repair and replacement are impossible or would impose excessive costs on the Service Provider, the Service Provider may refuse to bring the goods into conformity with the contract.
4. The consumer is also entitled to submit a statement to the Service Provider to reduce the price or withdraw from the contract if one of the following occurs:
   • the Service Provider refused to bring the goods into conformity with the contract,
   • the Service Provider did not bring the goods into conformity with the contract,
   • the lack of conformity persists despite the Service Provider’s attempts,
   • the lack of conformity is so significant that it justifies a price reduction or withdrawal without first exercising the right to repair or replacement,
   • it is clear from the Service Provider’s statement or the circumstances that they will not bring the goods into conformity within a reasonable time or without excessive inconvenience for the consumer.
5. The consumer may not withdraw from the contract if the lack of conformity of the goods is immaterial. It is presumed that the lack of conformity is material.

Consumer entitlements in case of non-conformity of digital content or a digital service with the contract:

1. If the digital content or digital service is not in conformity with the contract, the consumer may demand that it be brought into conformity with the contract.
2. The Service Provider may refuse to bring the digital content or digital service into conformity with the contract if this is impossible or would impose excessive costs on the Service Provider.
3. If the digital content or digital service is not in conformity with the contract, the consumer may submit a statement to reduce the price or withdraw from the contract when:
   • bringing it into conformity is impossible or would require excessive costs,
   • the Service Provider did not bring it into conformity,
   • the lack of conformity persists despite attempts by the Service Provider,
   • the lack of conformity is so significant that it justifies a price reduction or withdrawal without first exercising the right to bring it into conformity,
   • it is clear from the Service Provider’s statement or the circumstances that they will not bring it into conformity within a reasonable time or without excessive inconvenience for the consumer.
4. The consumer may not withdraw from the contract if the digital content or digital service is supplied in exchange for payment of a price and the lack of conformity is immaterial. It is presumed that the lack of conformity is material.

Art. 8. [Complaints Procedure]

1. Every person using the Website, in particular those making purchases on the Website or using services provided via the Website, has the right to lodge a complaint.
2. All complaints, comments and reservations regarding the Website and the services provided through it may be sent to: hello@zubracolors.com
3. In complaints concerning non-conformity with the contract or warranty claims you are obliged to provide:
   • contact details – first name, last name, e-mail address, phone number, residential address,
   • contract or goods data (digital content and digital service) so that we can identify the transaction,
   • reason for the complaint, and if you invoke physical defects of the goods, also photographic documentation of the defects,
   • your demands.
4. For complaints on matters other than defective goods/services, you are obliged to provide:
   • contact details – first name, last name and e-mail address,
   • a description of the reasons for the complaint,
   • your demands, suggestions and requests.
5. The Service Provider undertakes to respond to a complaint within 14 days from the date of its receipt. The Service Provider responds via e-mail.

Special provisions for consumers:

1. The Service Provider shall carry out repair or replacement within a reasonable time from the moment the consumer informed the Service Provider of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer acquired them. The Service Provider bears the costs of repair or replacement, in particular postal charges, transport, labour and materials.
2. The consumer shall make the goods available to the Service Provider for repair or replacement. The Service Provider collects the goods from the consumer at its own cost.
3. If the goods were installed before the lack of conformity became apparent, the Service Provider shall dismantle the goods and reinstall them after repair or replacement or arrange for these activities at its own cost.
4. The reduced price must be in the same proportion to the price under the contract as the value of the goods not in conformity with the contract is to the value of goods in conformity with the contract.
5. The Service Provider shall refund to the consumer amounts due as a result of exercising the right to a price reduction without delay, no later than within 14 days from the date of receiving the consumer’s statement on the price reduction.
6. In the event of withdrawal from the contract, the consumer shall promptly return the goods to the Service Provider at the Service Provider’s cost. The entrepreneur shall refund the price to the consumer without delay, no later than within 14 days from the date of receiving the goods or proof of their dispatch.
7. The Service Provider shall refund the price using the same payment method used by the consumer, unless the consumer expressly agrees to a different method that does not incur any costs for them.

Art. 9. [User Account]

1. The user may create an account on the Website. This service is free of charge.
2. Having an active account is a condition for making purchases on the Website.
3. An account is created via a dedicated form.
4. Access to the account is granted after the user provides the login and password they set. The password should be kept confidential by the user.
5. The account may be deleted by the user at any time.

Art. 10. [Newsletter]

1. The newsletter subscription service is free of charge. The newsletter contains commercial information, information on promotions and special offers of the Service Provider. By subscribing to the newsletter, you agree for the Service Provider to send commercial information to the e-mail address provided by you.
2. You can unsubscribe from the newsletter at any time using the unsubscribe option included in a newsletter message or by contacting the Service Provider.

Art. 11. [Comments]

1. Comments can be published on the Website.
2. The Service Provider reserves the right to remove comments without stating a reason.

Art. 12. [Dispute Resolution]

1. In the event of a dispute, the Parties will seek to resolve it jointly and amicably. The time for negotiations will be 3 months from the date the claims are reported by either Party. If no solution is found within the set period, claims may be brought before a common court.
2. In the case of providing services to a consumer residing in a country other than Poland, the case will be examined under Polish law. This agreement does not deprive the parties of protection granted under provisions which cannot be excluded by contract and by law.
3. The Client agrees to out-of-court dispute resolution. If the Client wishes to submit a matter, they may do so electronically at: EU ODR platform

Art. 13. [Personal Data Protection]

The Service Provider is a data controller within the meaning of personal data protection regulations (GDPR and others). Information on the principles of data processing by the Service Provider is contained in the Privacy Policy available at: https://zubracolors.com//terms-of-service

Art. 14. [Model Withdrawal Form]

Sample declaration:

[MODEL WITHDRAWAL FORM]

(this form should be completed and sent only if you wish to withdraw from the contract)

Addressee: …* (please insert your details).
I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following goods(*) / contract for the supply of the following goods(*) / contract for work consisting in the performance of the following goods(*) / for the provision of the following service(*)
Date of conclusion of the contract(*)/receipt(*)
Name and surname of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent in paper version)
Date
(*) Delete as appropriate.

Art. 15. [Entry into Force of the Terms]

1. The Terms enter into force 21 days from the date of their publication on the Website.
2. For orders in progress, the provisions of the Terms in force on the date of placing the order apply.
3. When using the Client Panel after the first login to the account following a change to the Terms, the user receives the Terms for review and consent. If the user does not consent, the Client Panel will be deactivated, and the Client may delete it in accordance with Art. 9 sec. 5 above.

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Information on this page is of a marketing nature. Before purchasing paints and plasters, always check the technical data and possible allergic reactions with us directly.

 +48 882 028 115
 hello@zubracolors.com