Terms and Conditions

These Terms are based on the laws of the Republic of Poland. They have been adopted to ensure compliance with Polish law and form the legal framework governing the rights and obligations of both parties. Users should be aware that these Terms have been prepared in line with current legal standards and practice in Poland, so as to ensure clarity, security and protection under Polish jurisdiction.

Accordingly, you agree that any disputes arising from these Terms are subject to the jurisdiction of the Republic of Poland. This means that any legal proceedings relating to the enforcement, interpretation or application of these Terms will be resolved exclusively within the Polish legal system. By accepting these Terms, you acknowledge and accept the jurisdiction of the Polish courts over any disputes relating to the use of our services or products.

§ 1 General provisions

1. The Webdesign online service available at https://99promo.me/ (the “Website”) is operated by Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” (Foundation for Entrepreneurship Development “Twój StartUp”), with its registered office in Warsaw at ul. Żurawia 6/12, lok. 766, 00-503 Warsaw, Poland, address for service: Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000442857, NIP: 521-364-12-11, REGON: 146433467, BDO: 000460502.
2. The provisions of these Terms concern activities performed on behalf of Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” by the organized part of the enterprise named Remote Media System, operating within the Branch of Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” (email: [email protected], phone: +48 666 158 101). The contact details given in this paragraph are designated by Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” for contact regarding the performance of these Terms.
3. These Terms set out, in particular:
   • a) the rules for using the Website;
   • b) the terms for placing orders for Products available on the Website;
   • c) the time limits and rules for fulfilling orders;
   • d) the terms and forms of payment;
   • e) the Customer’s right to withdraw from the contract;
   • f) the rules for submitting and handling complaints;
   • g) the specific rights of a Customer who is a consumer.
4. The Customer is entitled and obliged to use the Website in accordance with its intended purpose, the principles of social coexistence and good practice.
5. Browsing the Website does not require registration, and placing orders for Products does not require the Customer to register an Account.
6. These Terms are available on the Website free of charge in a form that allows them to be obtained, reproduced and stored.
7. The Customer is obliged to read these Terms. The Website may be used only after reading and accepting these Terms.
8. A Customer may be a person with full legal capacity.
9. The terms used in these Terms mean:
   • a) StartUp — Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”, with its registered office in Warsaw, ul. Żurawia 6/12, lok. 766, 00-503 Warsaw, Poland, address for correspondence: Atlas Tower, Aleje Jerozolimskie 123A, 18th floor, 02-017 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under number 0000442857, NIP: 521-364-12-11, REGON: 146-433-467, BDO: 000460502;
   • b) Customer — a person who uses the Website and purchases Goods or Services provided by StartUp through the Website;
   • c) Consumer — a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity;
   • d) Services — services provided by StartUp and offered to Customers through the Website, excluding Digital Services;
   • e) Digital Service — a digital service within the meaning of Article 2(5a) of the Act of May 30, 2014 on Consumer Rights, provided by StartUp and offered to Customers through the Website;
   • f) Goods — movable items sold by StartUp to Customers through the Website;
   • g) Products — Goods, Services or Digital Services;
   • h) Website — the website at https://99promo.me/ through which StartUp provides services to the Customer electronically, offers Products to Customers and enables contracts to be concluded;
   • i) Contract — a contract concluded between StartUp and the Customer through the Website;
   • j) Account — the Customer’s individual account on the Website that, after logging in, allows the Customer to use Services and Digital Services and to conclude Contracts;
   • k) business days — all days except Saturdays, Sundays and public holidays;
   • l) Terms — these terms and conditions.
10. If there is a justified suspicion that the Customer has provided false information, StartUp may refuse to perform the Contract and will notify the Customer accordingly.
11. If the Customer has provided incorrect or inaccurate data, in particular an incorrect or inaccurate address, StartUp, to the extent permitted by law, is not liable for the non-delivery or delayed delivery of Goods or for the non-provision of a Service or Digital Service.
12. The information on the Website, in particular announcements, advertisements and price lists, does not constitute an offer within the meaning of Article 66 of the Act of April 23, 1964 — Civil Code. The information on the Website is an invitation to conclude a Contract as described in Article 71 of the Civil Code.
13. Immediately before an order is placed, StartUp is obliged to provide a Customer who is a Consumer, clearly and legibly, with information in particular about:
    • a) the main characteristics of the performance, taking into account its subject and the means of communication with the Customer;
    • b) the total price or remuneration for the performance, including taxes, and where the nature of the performance does not reasonably allow them to be calculated in advance, the manner in which they will be calculated, as well as transport, delivery, postal and other costs, and where the amount of these charges cannot be determined, the obligation to pay them;
    • c) the right of withdrawal or the absence of such a right;
    • d) the duration of the contract or the method and conditions of terminating it — if the contract is concluded for an indefinite period or is renewed automatically;
    • e) the minimum duration of the Customer’s obligations under the contract.
14. Where StartUp allows individual (custom-made) orders, Customers may place them via the StartUp email address given on the Website. StartUp will then prepare a quote and send it to the email address provided by the Customer.
15. The fulfillment time for an individual (custom-made) order is 30 days from the conclusion of the Contract, unless StartUp informed the Customer of a different time no later than before the order was placed.
16. The Website serves Customers in Poland, unless StartUp’s offer on the Website states otherwise.

§ 2 Technical requirements for using the Website

1. To browse the Website, you need:
   • a) a terminal device with internet access;
   • b) a web browser that accepts cookies, for example Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in their current versions;
   • c) consent to the use of necessary cookies.
2. To use the Website’s features, in particular to register on the Website or to order Products, you need an active email address.
3. The Website uses cookies to ensure that Services are provided correctly and securely. Blocking cookies, or using external applications to block them, may cause the Website to work incorrectly and prevent the service from being provided correctly, for which StartUp is not liable.

§ 3 Sale of Goods — terms and order fulfillment time

1. StartUp concludes sales contracts with Customers through the Website. Under a sales contract, StartUp undertakes to transfer ownership of the Goods to the Customer and to deliver them, and the Customer undertakes to take delivery of the Goods and pay StartUp the price.
2. To place an order, the Customer selects the Goods using the “Add to cart” command or an equivalent wording on the page of the relevant Goods, and then provides their details and selects the delivery and payment methods.
3. The cart allows the Customer to:
   • a) add and remove Goods and change their quantity;
   • b) enter the delivery address for the Goods and the details needed to issue an invoice;
   • c) choose the delivery method;
   • d) choose the payment method;
   • e) enter a discount code (if applicable).
4. The Customer places the order by confirming it with the “order with obligation to pay” button or another equivalent wording.
5. Placing and confirming an order obliges the Customer to pay the price of the Goods and the delivery costs. StartUp’s confirmation of the order is the moment the sales contract between StartUp and the Customer is concluded.
6. Purchased Goods are shipped within 30 business days of confirmation that the payment has been credited to StartUp’s bank account, unless these Terms provide otherwise or StartUp informed the Customer of a different time immediately before the order was placed.
7. Goods purchased on the Website are shipped to the address provided by the Customer.
8. Orders may be placed through the Website 24 (twenty-four) hours a day, 7 (seven) days a week. Orders placed on a Saturday, Sunday or public holiday are processed on the next business day.
9. If an order can be fulfilled only in part, StartUp may, before confirming the order, offer the Customer:
   • a) cancellation of the entire order (if this option is chosen, StartUp is released from the obligation to fulfill the order);
   • b) partial cancellation of the order to the extent it cannot be fulfilled within the stated time (if this option is chosen, the order will be fulfilled in part and StartUp is released from the obligation to fulfill the rest);
   • c) a substitute performance agreed with the Customer. An order for a substitute performance becomes final once approved by the Customer;
   • d) splitting the order and setting a new fulfillment time for the part that cannot be fulfilled within the originally stated time (if this option is chosen, the Goods in the order will be shipped in several separate shipments, and the Customer bears the additional costs of splitting the order into several shipments).
10. If the Goods ordered by the Customer are unavailable, or other reasons prevent the Customer’s order from being fulfilled, StartUp will inform the Customer by email within 7 (seven) days of the conclusion of the Contract.
11. If payment for Goods that cannot be supplied in whole or in part was made in advance, StartUp will refund the amount paid (or the difference) to the Customer within 14 (fourteen) days from the date the Contract is concluded, under the terms described in detail in these Terms.
12. For individual Goods, StartUp may state on the Website the number of business days within which the purchased Goods will be shipped. This information refers to the time from order confirmation until the ordered Goods are shipped. The order fulfillment time takes into account the time needed to assemble all the ordered Goods.

§ 4 Liability for non-conformity of Goods with the contract

1. In accordance with Chapter 5a of the Act of May 30, 2014 on Consumer Rights, the provisions of this section apply to StartUp’s liability for non-conformity of Goods with a Contract concluded with:
   • a) a Consumer, or
   • b) a natural person concluding a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person, in particular in view of the subject of their business activity as disclosed in the Central Register and Information on Economic Activity (CEIDG).
2. StartUp ensures that the Goods offered are free from physical and legal defects.
3. The Customer has the right to submit a complaint if the Goods do not conform to the Contract.
4. Complaints are submitted in writing or in documentary form to StartUp’s email address.
5. A complaint concerning defective Goods may include one of the following demands:
   • a) repair of the Goods;
   • b) replacement of the Goods.
6. If the Goods do not conform to the contract, the Customer may request a price reduction or withdraw from the contract if:
   • a) StartUp has refused to bring the Goods into conformity with the contract in accordance with Article 43d(2) of the Act of May 30, 2014 on Consumer Rights;
   • b) StartUp has not brought the Goods into conformity with the contract in accordance with Article 43d(4)–(6) of the Act of May 30, 2014 on Consumer Rights;
   • c) the non-conformity persists even though StartUp has tried to bring the Goods into conformity with the contract;
   • d) the non-conformity is so significant that it justifies a price reduction or withdrawal from the contract without first using the remedies provided for in Article 43d of the Act of May 30, 2014 on Consumer Rights;
   • e) it is clear from StartUp’s statement or from the circumstances that StartUp will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.
7. A complaint concerning defects in Goods is handled within 14 (fourteen) days of its receipt.
8. If StartUp does not respond to a complaint within that time, the complaint is deemed accepted.
9. StartUp informs the Customer of the outcome of the complaint on paper or on another durable medium.
10. If a complaint concerning Goods is accepted, StartUp, depending on the Customer’s demand, repairs or replaces the Goods, reduces the price, or refunds the full amount paid by the Customer following the Customer’s withdrawal from the Contract.
11. StartUp refunds the amount due using the same payment method the Customer used, unless the Customer has expressly agreed to a different refund method that involves no costs for the Customer. StartUp issues the Customer a corresponding correction to the purchase document (a corrective VAT invoice or a corrective specification).
12. StartUp’s liability is limited to the value of the Goods covered by the Contract. StartUp’s liability for damage caused by non-performance or improper performance of a Digital Service or by failure to supply digital content does not include lost profits.
13. In matters not governed by these Terms, the rights and obligations of the Customer and StartUp in the event of a defect in the goods, or of non-performance or improper performance of the Contract by StartUp, are governed by the applicable general provisions of law, in particular the Consumer Rights Act and the Civil Code.
14. StartUp’s liability for defects in Goods, Services and Digital Services is excluded for contracts concluded with a Customer who is not:
    • a) a Consumer;
    • b) a natural person concluding a contract with StartUp directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person, in particular in view of the subject of their business activity as disclosed in the Central Register and Information on Economic Activity (CEIDG).
15. The Goods offered by StartUp may be covered by a manufacturer’s guarantee. The guarantee is exercised under the terms set out in the guarantee statement. StartUp does not provide its own guarantee for the Goods offered.

§ 5 Provision of Services

1. StartUp provides Customers with Services whose type, scope and detailed description are given on the Website. The Services include, in particular, website creation, programming, website promotion and other related services.
2. Services are provided in the manner described on the Website, in particular on the page of the relevant Service.
3. StartUp publishes on the Website information on how Customers can order Services. To place an order, the Customer selects the Services and then enters the details needed to conclude the Contract and provide the Service, including the method of providing the Service (if applicable) and the payment method.
4. If a button or similar function is used to place an order on the Website, it is clearly labeled with the words “order with obligation to pay” or another equivalent, unambiguous wording.
5. Placing and confirming an order obliges the Customer to pay the remuneration for the Services and any additional costs. StartUp’s confirmation of the order is the moment the service contract between StartUp and the Customer is concluded.
6. The Customer is informed of the start and end dates of the Services before the Contract is concluded, in particular through the Website.
7. If, at the Customer’s express request, performance of a Service is to begin before the deadline for withdrawing from an off-premises contract expires, StartUp requires the Customer to make a statement:
   • a) containing that express request on a durable medium;
   • b) acknowledging that the right of withdrawal will be lost once StartUp has fully performed the contract.
8. If the Customer does not consent to the Service starting before the deadline for withdrawing from the Contract, the service is provided after the Customer’s withdrawal period has expired, unless StartUp allows Customers on the Website to conclude Contracts without such consent.
9. The Customer may terminate the Contract for the provision of Services in writing or in documentary form with one month’s notice, effective at the end of a calendar month.
10. StartUp may terminate the Contract for the provision of Services in writing or in documentary form with 1 month’s notice, effective at the end of a calendar month, for important reasons. The parties consider the following to be important reasons:
    • a) the cessation of, or StartUp’s decision to cease, the activity of the organized part of StartUp’s enterprise referred to in § 1;
    • b) a significant change in, or StartUp’s decision to significantly change, the subject of activity of the organized part of StartUp’s enterprise referred to in § 1;
    • c) a significant reorganization within StartUp’s enterprise;
    • d) disruptions or obstacles (in particular technical ones) not caused by StartUp that prevent or significantly hinder the provision of Services to the Customer;
    • e) the Customer’s delay in paying StartUp’s remuneration;
    • f) a material breach of the Contract or these Terms by the Customer.

§ 6 Liability for non-conformity of a Service with the contract

1. A complaint concerning Services provided not in accordance with the Contract should include a demand that depends on the nature of the Service.
2. A complaint concerning the non-conformity of a Service with the Contract is handled within 14 (fourteen) days of its receipt.
3. If StartUp does not respond to a complaint within that time, the complaint is deemed accepted.
4. StartUp informs the Customer of the outcome of the complaint on paper or on another durable medium.
5. If a complaint concerning a Service is accepted, StartUp, depending on the type of Service and the circumstances, performs the Service properly, refunds all or part of the remuneration received to the Customer, or provides the Customer with another performance.
6. StartUp’s liability is limited to the value of the Service that was not provided or was provided improperly. StartUp’s liability for damage caused by the non-provision or improper provision of a Service does not include lost profits.
7. StartUp’s liability for defects in Services, and for non-performance or improper performance of a contract concluded with the Customer, is excluded for contracts concluded with a Customer who is not:
   • a) a Consumer;
   • b) a natural person concluding a contract with StartUp directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person, in particular in view of the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG).

§ 7 Contracts for the supply of digital content or digital services

1. In accordance with Chapter 5b of the Act of May 30, 2014 on Consumer Rights, the provisions of this section and the next apply to Contracts for the supply of digital content or a digital service concluded with:
   • a) a Consumer, or a natural person concluding a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person, in particular in view of the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG).
2. StartUp publishes on the Website information on how Customers can order Digital Services. To place an order, the Customer selects the Digital Services and then enters the details needed to conclude the Contract and provide the Digital Service, including the method of providing the Service (if applicable) and the payment method.
3. If a button or similar function is used to place an order on the Website, it is clearly labeled with the words “order with obligation to pay” or another equivalent, unambiguous wording.
4. Placing and confirming an order obliges the Customer to pay the remuneration for the Digital Services and any additional costs. StartUp’s confirmation of the order is the moment the contract for the provision of Digital Services with the Customer is concluded.
5. StartUp supplies the digital content or Digital Service to the Customer immediately after the Contract is concluded, unless the parties have agreed otherwise, in particular a different time stated on the page of the relevant Digital Service on the Website. This provision does not apply where the contract provides for the supply of digital content on a tangible medium. If the Customer does not consent to the service being performed before the deadline for withdrawing from the Contract expires, the service is provided after that deadline.
6. StartUp informs the Customer that giving the consent referred to in the previous paragraph results in the loss of the right to withdraw from the contract.
7. StartUp may, for valid reasons, change the digital content or Digital Service where the change is not required to keep it in conformity with the Contract. Valid reasons include, in particular, a justified interest of the Customer or StartUp. StartUp informs the Customer of the change clearly and understandably. If the change significantly and negatively affects the Customer’s access to or use of the digital content or Digital Service, StartUp is obliged to inform the Customer in advance, on a durable medium, of the nature and timing of the change and of the right to terminate the contract without notice. The Customer may terminate the contract without notice within 30 days of the change.
8. The Customer may terminate the Contract for the supply of digital content or Digital Services in writing or in documentary form with 1 month’s notice, effective at the end of a calendar month.
9. StartUp may terminate the Contract for the supply of digital content or Digital Services in writing or in documentary form with 1 month’s notice, effective at the end of a calendar month, for important reasons. The parties consider the following to be important reasons:
   • a) the cessation of, or StartUp’s decision to cease, the activity of the organized part of StartUp’s enterprise referred to in § 1;
   • b) a significant change in, or StartUp’s decision to significantly change, the subject of activity of the organized part of StartUp’s enterprise referred to in § 1;
   • c) a significant reorganization within StartUp’s enterprise;
   • d) disruptions or significant difficulties (in particular technical ones) in the operation of the Website not caused by StartUp;
   • e) the Customer’s delay in paying StartUp’s remuneration;
   • f) a material breach of the Contract or these Terms by the Customer.
10. In matters not governed by this section, the provisions of Chapter 5b of the Consumer Rights Act apply.

§ 8 Liability for non-conformity of digital content or a digital service with the contract

1. If StartUp has not supplied the digital content or digital service, the Customer shall request that it be supplied. If StartUp does not supply the digital content or digital service immediately or within an additional period expressly agreed, the Customer may withdraw from the contract. This provision does not apply where the contract provides for the supply of digital content on a tangible medium.
2. StartUp is liable for non-conformity with the contract of digital content or a digital service supplied:
   • a) once or in parts — for non-conformity that existed at the time of supply and became apparent within two years of that time;
   • b) continuously — for non-conformity that arose or became apparent during the period in which it was to be supplied under the contract.
3. If the digital content or digital service does not conform to the contract, the Customer may request that it be brought into conformity with the contract.
4. StartUp may refuse to bring the digital content or digital service into conformity with the contract if doing so is impossible or would require excessive costs for StartUp.
5. If the digital content or digital service does not conform to the contract, the Customer may request a price reduction or withdraw from the contract if:
   • a) bringing the digital content or digital service into conformity with the contract is impossible or would require excessive costs under Article 43m(2) and (3) of the Consumer Rights Act;
   • b) StartUp has not brought the digital content or digital service into conformity with the contract under Article 43m(4) of the Consumer Rights Act;
   • c) the non-conformity persists even though StartUp has tried to bring the digital content or digital service into conformity with the contract;
   • d) the non-conformity is so significant that it justifies a price reduction or withdrawal from the contract without first using the remedy provided for in Article 43m of the Consumer Rights Act;
   • e) it is clear from StartUp’s statement or from the circumstances that StartUp will not bring the digital content or digital service into conformity with the contract within a reasonable time or without excessive inconvenience to the Customer.
6. The reduced price must bear the same proportion to the price under the contract as the value of the non-conforming digital content or digital service bears to the value of conforming digital content or a conforming digital service. Where the contract provides for the digital content or digital service to be supplied in parts or continuously, the price reduction takes into account the time during which the digital content or digital service did not conform to the contract.
7. The Customer may not withdraw from the contract if the digital content or digital service is supplied for a price and the non-conformity with the contract is minor.
8. If the Customer withdraws from the contract, StartUp may request the return of the tangible medium on which the digital content was supplied within 14 days of receiving the Customer’s withdrawal statement. The Customer returns the medium without delay.
9. If the Customer withdraws from the contract, StartUp is obliged to refund the price only for the part corresponding to the non-conforming digital content or digital service, and to the digital content or digital service the obligation to supply which ended as a result of the withdrawal.
10. StartUp makes the refund using the same payment method the Customer used, unless the Customer has expressly agreed to a different refund method that involves no costs for the Customer.
11. StartUp’s liability is limited to the value of the digital content or Digital Service that was to be supplied. StartUp’s liability for damage caused by non-performance or improper performance of a Digital Service or by failure to supply digital content does not include lost profits.
12. A complaint concerning the non-conformity of a Digital Service with the Contract is handled within 14 (fourteen) days of its receipt.
13. If StartUp does not respond to a complaint within that time, the complaint is deemed accepted.
14. StartUp informs the Customer of the outcome of the complaint on paper or on another durable medium.
15. StartUp’s liability for non-conformity of digital content or a Digital Service with the contract, and for non-performance or improper performance of a contract concluded with the Customer, is excluded for contracts concluded with a Customer who is not:
    • a) a Consumer;
    • b) a natural person concluding a contract with StartUp directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person, in particular in view of the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG).

§ 9 Product prices and delivery costs

1. The prices of the Products offered on the Website are net prices, which means they do not include value added tax (VAT). Prices are given in Polish currency (zloty, PLN).
2. The price stated for a given Product does not include shipping costs.
3. Shipping costs are borne by the Customer, unless StartUp’s offer on the Website states otherwise.
4. The total amount the Customer must pay in connection with purchasing the selected Product consists of the Product price and the delivery costs.
5. Unless StartUp has stated a different method of performance on the page of a given Product on the Website or when the Customer places the order, Products are provided as follows:
   • a) Goods — shipped to the address provided by the Customer or collected in person from StartUp’s premises;
   • b) Digital Services — to the email address provided by the Customer;
   • c) other Services — in the manner stated on the page of the relevant Service on the Website or when the Customer places the order, in particular as follows from the type of Service.
6. No later than when the Customer starts placing an order, StartUp states clearly and legibly on the Website any restrictions on the delivery of the Product.

§ 10 Payment methods

1. No later than when the Customer starts placing an order, StartUp states clearly and legibly on the Website the payment methods it accepts.
2. Unless StartUp has stated a different payment method on the Website — on the page of a given Product or when the Customer places the order — the Customer pays using one of the following methods:
   • a) a transfer through one of the electronic payment systems accepted by StartUp that allow quick payment for the order;
   • b) a standard bank transfer to the account indicated by StartUp.
3. To use one of the electronic payment systems, the Customer must accept the terms of use of that electronic payment system. The list of electronic payment systems available on the Website is shown when the order is placed.
4. In the event of withdrawal from the contract, the refund is made using the same method the Customer used for payment, unless the Customer has expressly agreed to a different refund method that involves no costs for the Customer.
5. StartUp does not offer Customers the option of paying in cash.

§ 11 Right of withdrawal

1. The provisions of this section apply to a Customer who is a Consumer, or a natural person concluding a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person, in particular in view of the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG).
2. The Customer referred to in paragraph 1 has the right to withdraw from the Contract without giving any reason and without incurring costs, unless mandatory provisions of law or these Terms provide otherwise. A Contract from which the Customer referred to in paragraph 1 has withdrawn is deemed not to have been concluded.
3. To withdraw from the contract, it is sufficient to prepare a statement of withdrawal and send it to StartUp within 14 (fourteen) days.
4. The withdrawal period starts:
   • a) for a Contract under which StartUp delivers Goods and is obliged to transfer ownership of them — from the moment the Goods come into the possession of the Customer or of a third party designated by the Customer other than the carrier, and in the case of a Contract that:
     • covers several Goods delivered separately, in batches or in parts — from the moment the last item, batch or part comes into possession;
     • provides for the regular delivery of Goods over a fixed period — from the moment the first of the Goods comes into possession;
   • b) for other Contracts — from the day the Contract is concluded.
5. To meet the withdrawal deadline, it is sufficient to:
   • a) send a written statement to StartUp’s address given in these Terms or on the Website, or
   • b) send a statement in documentary form to StartUp’s email address given in these Terms or on the Website.
6. StartUp promptly sends the Customer, on a durable medium, a confirmation of receipt of a withdrawal statement submitted electronically.
7. In the event of withdrawal, the Customer is obliged to return the purchased Product promptly, and no later than 14 (fourteen) days after withdrawing from the contract, unless StartUp has offered to collect the Goods itself. To meet the deadline, it is sufficient to send the Goods before it expires. The costs of returning the Goods are borne by the Customer.
8. If the Customer withdraws from the contract, StartUp is obliged to refund to the Customer the amount paid for the Product and the cost of delivering it to the Customer no later than 14 (fourteen) days after receiving the statement of withdrawal from the contract. However, if the Customer chose a delivery method other than the cheapest standard delivery method offered on the Website for that order, StartUp is not obliged to reimburse the additional costs incurred by the Customer.
9. StartUp makes the refund using the same payment method the Customer used, unless the Customer has expressly agreed to a different refund method that involves no costs for the Customer.
10. StartUp may withhold the refund of payments received from the Customer until it has received the Product back or until the Customer has provided proof of sending it back, whichever occurs first.
11. If the Customer sends a withdrawal statement before receiving StartUp’s order confirmation, the order is canceled.
12. The Customer is liable for any decrease in the value of the Goods resulting from using them beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
13. The Customer does not have the right of withdrawal in the cases specified in the Act of May 30, 2014 on Consumer Rights, in particular with regard to contracts:
    • a) for the provision of services for which the consumer is obliged to pay the price, where the entrepreneur has fully performed the service with the express prior consent of the consumer, who was informed before the service began that they would lose the right of withdrawal once the entrepreneur had performed the service, and acknowledged this;
    • b) where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the withdrawal period expires;
    • c) where the subject of performance is a non-prefabricated item made to the consumer’s specifications or serving to meet the consumer’s individual needs;
    • d) where the subject of performance is an item that deteriorates quickly or has a short shelf life;
    • e) where the subject of performance is an item delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;
    • f) where the subject of performance consists of items that, after delivery, by their nature become inseparably combined with other items;
    • g) where the subject of performance consists of alcoholic beverages whose price was agreed when the sales contract was concluded, whose delivery can take place only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
    • h) where the consumer expressly requested the entrepreneur to visit them to carry out urgent repairs or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer, or supplies items other than spare parts necessary to carry out the repair or maintenance, the consumer has the right of withdrawal with respect to the additional services or items;
    • i) where the subject of performance consists of sound or video recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
    • j) for the supply of newspapers, periodicals or magazines, except for subscription contracts;
    • k) concluded by way of a public auction;
    • l) for the provision of accommodation other than for residential purposes, transport of goods, car rental, catering, or services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
    • m) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, where the entrepreneur began performance with the express prior consent of the consumer, who was informed before performance began that they would lose the right of withdrawal once the entrepreneur had performed, and acknowledged this, and the entrepreneur provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act;
    • n) for the provision of services for which the consumer is obliged to pay the price, where the consumer expressly requested the entrepreneur to visit them to carry out a repair, and the service has already been fully performed with the express prior consent of the consumer.
14. StartUp also corrects the purchase documents previously issued to the Customer (a corrective VAT invoice or a corrective specification).

§ 12 Refund of payments made by the Customer

StartUp will refund the money within 14 (fourteen) calendar days using the same payment methods the Customer used, unless the Customer has expressly agreed to a different refund method that involves no costs for the Customer, in the event of:

• a) withdrawal from the contract in whole or in part (in which case the corresponding part of the price is refunded) — for an order paid in advance before fulfillment;
• b) acceptance of a complaint where the damaged Goods cannot be repaired or replaced with new ones, or the Service / Digital Service cannot be provided in accordance with the contract;
• c) recognition of the right to request a reduction in the price of the Product.

§ 13 Newsletter

1. The Customer may consent to receiving commercial information, including commercial information sent electronically, by selecting the relevant option in the registration form or through the Website. If the Customer gives such consent, they will receive StartUp’s newsletter at the email address they provided.
2. The Customer may unsubscribe from the newsletter at any time by notifying StartUp.

§ 14 StartUp contact details

The Customer can contact StartUp:

1. by phone: +48 666 158 101;
2. by email: [email protected].

§ 15 Final provisions

1. StartUp informs the Customer that using services provided electronically involves risks arising from the public nature of the internet, including, in particular, the possibility of the Customer’s data being obtained or modified by unauthorized third parties. To minimize this risk, the Customer should use appropriate safeguards, in particular antivirus software, up-to-date versions of web browsers and operating systems, and avoid open access points.
2. To the extent permitted by law, StartUp is not liable for mail server administrators blocking the delivery of messages to the email address provided by the Customer, or for the deletion or blocking of email messages by software installed on the computer used by the Customer.
3. StartUp is not liable for the devices and infrastructure used by the Customer, including faults in public telecommunications networks causing, for example, a lack of access to the Website or interruptions in access.
4. StartUp informs the Customer that how product visualizations are displayed on the Customer’s IT system when using the Website depends on many factors, including the type of display panel, aspect ratio, resolution, backlight method, the technologies used, the efficiency of the control electronics, and the settings. Differences between the visualization on the Customer’s IT system and the actual appearance of the Product cannot be grounds for a complaint.
5. StartUp informs the Customer that all trademarks (logos, trade names, etc.), graphic materials and photographs on the Website are protected by law and are used by StartUp for information purposes only.
6. To the extent permitted by law, StartUp is not liable for disruptions, including interruptions, in the operation of the Website caused by force majeure, unlawful actions of third parties, or the incompatibility of the Website with the Customer’s technical infrastructure.
7. StartUp reserves the right to temporarily suspend the Website, in particular to carry out maintenance, development or upgrade work.
8. All names of products offered on the Website are used for identification purposes and may be protected or registered under the Industrial Property Law.
9. StartUp points out that the Website contains materials protected by intellectual property law, in particular works protected by copyright (materials on the Website, graphic design, graphics, photographs, etc.). Customers and visitors to the Website are obliged to respect the intellectual property rights (including copyright and industrial property rights, such as trademark registrations) of StartUp and third parties. The Customer or visitor to the Website bears sole responsibility for failing to comply with this paragraph.
10. The Customer may not post on the Website content that is unlawful, contrary to law, immoral or infringes the personal rights of third parties, or publish links to pornographic, obscene or degrading content.
11. The Customer is obliged to refrain from any action that could affect the proper operation of the Website, including, in particular, any interference with the operation of the Website or its technical components.
12. StartUp undertakes to notify registered Customers of the Website of every change to these Terms by sending an email to the address provided at registration; after receiving such notice, the Customer may delete their Account at any time. Changes to these Terms do not affect contracts concluded before the changes take effect.
13. In matters not governed by these Terms, the applicable provisions of Polish law apply, in particular:
    1. the Act of April 23, 1964 — Civil Code;
    2. the Act of May 30, 2014 on Consumer Rights;
    3. the Act of July 18, 2002 on the Provision of Electronic Services.
14. Disputes relating to Contracts concluded under these Terms are resolved by the court having jurisdiction over StartUp’s registered office. This provision does not apply to Contracts concluded with a Consumer.
15. An out-of-court dispute resolution method may be used only with the mutual consent of the Customer and StartUp. Detailed information on out-of-court dispute resolution procedures is available on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl), on the websites of the regional Trade Inspection offices, and from district (municipal) consumer ombudsmen.
16. These Terms are effective as of March 20, 2024.

Information on out-of-court dispute resolution

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”, with its registered office in Warsaw, hereby provides an electronic link to the ODR platform: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies (the European Commission closed the ODR platform on July 20, 2025; the link leads to the list of out-of-court consumer dispute resolution bodies in EU countries). The ODR platform makes it possible to resolve disputes between entrepreneurs and consumers out of court. Resolving disputes in this way is voluntary.

Model forms

The forms are in Polish. Fill in the form you need, sign it and send it by post to StartUp’s address, or email a scan to [email protected].

Questions about this document — [email protected].