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Terms & conditions

§ 1 General Provisions

The website at the address blossom-flowers.pl (hereinafter: Service) is run by: Fundacja Rozwoju Przedsiębiorczości „Twój StartUp” (Foundation for the Development of Entrepreneurship „Twój StartUp”), with its registered office in Warsaw, ul. Żurawiej 6/12 lok. 766, 00-503 Warsaw, mailing address: Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained 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 number: 521-364-12-11, REGON number: 146433467, BDO number: 000460502. The provisions of the Regulations apply to activities performed for Fundacja Rozwoju Przedsiębiorczości „Twój StartUp” by an organized part of the enterprise named Blossom, operating at the Branch of Fundacja Rozwoju Przedsiębiorczości „Twój StartUp”, represented by Daria Kruhlova (e-mail address: blossomkrakow@gmail.com tel.: +48573938033). The person indicated in this section is designated by Fundacja Rozwoju Przedsiębiorczości „Twój StartUp” for contact in the implementation of the provisions of the Regulations.

The Regulations particularly specify:

  • the rules for using the Service;

  • the conditions for placing orders for Products available in the Service;

  • the time and rules for order fulfillment;

  • the conditions and forms of payment;

  • the Customer's rights to withdraw from the agreement;

  • the rules for submitting and considering complaints;

  • special rights of the Customer who is a consumer.

The StartUp conducts sales and provides Services through the Service, using means of distance communication. Agreements concluded by the Customer with the StartUp via the Service are distance agreements, within the meaning of the Act of May 30, 2014, on consumer rights.

The Customer is entitled and obliged to use the Service in accordance with its purpose and the principles of community life and good customs. Browsing the Service does not require registration, and placing orders for Products independently by the Customer does not require account registration.

The Regulations are available free of charge on the Service, in a form enabling their acquisition, reproduction, and retention. The Customer is obliged to read the content of the Regulations. Use of the Service is possible only after reading and accepting the Regulations. A Customer may be a person with full legal capacity.

The terms used in the Regulations mean:

  • StartUp – Fundacja Rozwoju Przedsiębiorczości „Twój StartUp” with its registered office in Warsaw, ul. Żurawia 6/12 lok. 766, 00-503 Warsaw, correspondence address: Atlas Tower, Aleje Jerozolimskie 123A, 18th floor, 02-017 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained 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;

  • Customer – a person using the Service, purchasing Goods or Services provided by the StartUp within the Service;

  • Consumer – a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity;

  • Services – services provided by the StartUp, offered to Customers via the Service, excluding Digital Services;

  • Digital Service – a digital service within the meaning of art. 2 point 5a of the Act of May 30, 2014, on consumer rights, provided by the StartUp, offered to Customers via the Service;

  • Goods – movable property sold by the StartUp to Customers via the Service;

  • Products – Goods, Services, or Digital Services;

  • Service – the website at the address blossom-flowers.pl, through which the StartUp provides services electronically to the Customer, as well as offers Products to Customers and enables the conclusion of agreements;

  • Agreement – an agreement concluded between the StartUp and the Customer via the Service;

  • Account – the Customer's individual account on the Service, enabling them to use Services and Digital Services and conclude Agreements after logging in;

  • Business Days – all days excluding Saturdays, Sundays, and public holidays;

  • Regulations – these regulations.

In case of a justified suspicion that the Customer provided false data, the StartUp has the right to withdraw from the implementation of the Agreement, informing the Customer about it. In the event that the Customer provides incorrect or inaccurate data, including, in particular, an incorrect or inaccurate address, the StartUp is not liable for non-delivery or delay in the delivery of the Goods or non-performance of the Service or Digital Service, to the fullest extent permitted by law.

Information contained in the Service, including in particular announcements, advertisements, and price lists, does not constitute an offer within the meaning of art. 66 of the Act of April 23, 1964, Civil Code. The information contained in the Service, however, constitutes an invitation to conclude an Agreement, described in art. 71 of the Civil Code.

The StartUp is obliged to provide the Customer who is a Consumer, in a clear and visible manner, directly before the Customer places an order, with information in particular about:

  • the main features of the service, taking into account the subject of the service and the method of communication with the Customer,

  • the total price or remuneration for the service including taxes, and if the nature of the subject of the service does not allow, reasonably judging, for the earlier calculation of their amount - the method in which they will be calculated, as well as transport, delivery, postal service fees, and other costs, and if the amount of these fees cannot be determined - the obligation to pay them;

  • the right to withdraw from the agreement or the lack of this right,

  • the duration of the agreement or the method and premises for terminating the agreement - if the agreement is concluded for an indefinite period or if it is to be automatically extended;

  • the minimum duration of the Customer's obligations resulting from the agreement.

If the StartUp allows for the possibility of accepting individual orders (made to order) from Customers, such orders may be placed by Customers via the StartUp's e-mail address indicated on the Service. In such a case, the StartUp makes a valuation and sends it to the e-mail address indicated by the Customer. The fulfillment time for an individual order (made to order) is 30 days from the conclusion of the Agreement, unless the StartUp informed the Customer, no later than before placing the order, about a different deadline.

The Service serves Customers worldwide, unless the StartUp's offer on the Service contains different provisions.

 

§ 2 Technical Requirements necessary for using the Service

To browse the Service, the following are necessary:

  • an end device with Internet access,

  • a web browser enabling the acceptance of cookies; for example, Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari in the current version;

  • acceptance of necessary cookies.

To use the Service's functionalities, in particular to register in the Service or place orders for Products, an active e-mail account is necessary.

The Service uses cookies for the proper provision of Services, as well as to ensure security. Blocking cookies, as well as using external applications serving to block them, may result in the improper functioning of the Service, as well as prevent the proper performance of the Service, for which the StartUp is not responsible.

 

§ 3 Sale of Goods - conditions and order fulfillment time

The StartUp concludes agreements for the sale of Goods with Customers via the Service. Based on the sales agreement, the StartUp undertakes to transfer ownership of the Goods to the Customer and hand over the Goods to them, and the Customer undertakes to accept the Goods and pay the StartUp the price.

In order to place an order, the Customer indicates the Goods they are interested in by using the command "Add to cart" or another equivalent wording located on the page of the given Goods, and then indicates the data, delivery method, and payment method.

The cart offers the Customer the possibility of:

  • adding and removing Goods and their quantity;

  • indicating the address to which the Goods are to be delivered and providing the data necessary to issue an invoice;

  • choosing the payment method;

  • adding a discount code (if applicable).

The Customer places an order by approving the order, selecting the button marked with the words "order with obligation to pay" or another equivalent, unambiguous wording. Placing and approving the order entails the Customer's obligation to pay the price of the Goods and the delivery costs.

The confirmation of the order by the StartUp is the moment the sales agreement is concluded between the StartUp and the Customer.

The shipment of the purchased Goods is carried out within the time selected by the ordering party when placing the order from the moment of payment confirmation on the StartUp's bank account, unless the Regulations contain different provisions or the StartUp informed the Customer directly before they placed the order, about a different deadline. The Goods purchased in the Service are sent to the address provided by the Customer. Orders can be placed through the Service 24 (twenty-four) hours a day, 7 (seven) days a week.

If only a part of the order can be fulfilled, the StartUp, before confirming the order, may propose to the Customer:

  • cancellation of the entire order (if the Customer chooses this option, the StartUp will be relieved of the obligation to fulfill the order);

  • cancellation of the order in the part for which fulfillment is not possible within the specified deadline (if the Customer chooses this option, the order will be fulfilled in part, with the StartUp being relieved of the obligation to fulfill it in the remaining scope);

  • fulfillment of a substitute service, which will be agreed upon with the Customer. Ordering a substitute service, after approval by the Customer, will be treated as final;

  • splitting the order and setting a new fulfillment deadline for the part of the order for which fulfillment is not possible within the originally set deadline (if the Customer chooses this option, the Goods making up the order will be sent in several separate shipments, and the Customer will bear additional costs related to splitting the order into several shipments).

In case the Goods ordered by the Customer are unavailable or the Customer's order cannot be fulfilled for other reasons, the StartUp will inform the Customer about it by sending information to their e-mail address within 7 (seven) days from the conclusion of the Agreement. If payment for the Goods that cannot be delivered in whole or in part was made in advance, the StartUp will refund the paid amount (or the difference) to the Customer within 14 (fourteen) days from the date of the Agreement, under the principles detailed in the Regulations.

The StartUp may include information on the Service, regarding a given Good, about the number of Business Days within which the shipment with the purchased Goods will be dispatched. This information is the time calculated from the order confirmation to the dispatch of the ordered Goods. The order fulfillment time is given taking into account the time required to complete all ordered Goods.

 

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

The provisions of this paragraph of the Regulations, in accordance with the provisions of Chapter 5a of the Act of May 30, 2014, on consumer rights, apply to the StartUp's liability for non-conformity of the Goods with the Agreement concluded with:

  • a Consumer, or

  • a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Registration and Information on Business.

The StartUp guarantees that the offered Goods are free from physical and legal defects. The Customer has the right to submit a complaint in case of non-conformity of the Goods with the Agreement. The Customer submits the complaint in written or documentary form to the StartUp's e-mail address.

A complaint regarding defective Goods may contain one of the following requests:

  • repair of the Goods;

  • replacement of the Goods.

If the goods are non-conforming with the agreement, the Customer may submit a statement of price reduction or withdrawal from the agreement when:

  • the StartUp refused to bring the goods into conformity with the agreement in accordance with art. 43d section 2 of the Act of May 30, 2014, on consumer rights;

  • the StartUp did not bring the goods into conformity with the agreement in accordance with art. 43d sections 4-6 of the Act of May 30, 2014, on consumer rights;

  • the lack of conformity of the goods with the agreement still exists, despite the StartUp having attempted to bring the goods into conformity with the agreement;

  • the lack of conformity of the goods with the agreement is significant enough to justify a price reduction or withdrawal from the agreement without prior use of the protection measures specified in art. 43d of the Act of May 30, 2014, on consumer rights;

  • it is clearly evident from the StartUp's statement or circumstances that it will not bring the goods into conformity with the agreement within a reasonable time or without undue inconvenience to the consumer.

A complaint regarding a defect in the Goods will be considered within 14 (fourteen) days of its receipt. If the StartUp does not respond to the complaint within the deadline, it is assumed that the complaint has been acknowledged. The StartUp informs the Customer about the outcome of the complaint resolution on paper or another durable medium.

In the event of acknowledging a complaint regarding the Goods, the StartUp, depending on the Customer's request, will perform repair of the Goods, replacement of the Goods, price reduction, or refund of the entire amount paid by the Customer due to their withdrawal from the Agreement. The StartUp refunds the amount due to the Customer using the same method of payment as used by the Customer, unless the Customer expressly agreed to a different method of refund that does not entail any costs for them. The StartUp issues the Customer an appropriate correction to the proof of purchase (corrective VAT invoice or corrective specification).

The StartUp's liability is limited to the value of the Goods covered by the Agreement. The StartUp's liability for damage caused by non-performance or improper performance of a Digital Service or non-delivery of digital content does not cover lost profits.

In matters not regulated in the Regulations, the relevant provisions of generally applicable law apply to the determination of the rights and obligations of the Customer and the StartUp in case of finding a defect in the goods / non-performance / improper performance of the Agreement by the StartUp, in particular the Act on consumer rights and the Civil Code.

The StartUp's liability for defects in Goods, Services, and Digital Services is excluded in the case of agreements concluded for the benefit of a Customer who is not:

  • a Consumer;

  • a natural person concluding an agreement directly related to their business activity with the StartUp, when the content of this agreement indicates that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Registration and Information on Business.

The Goods offered by the StartUp may be covered by the manufacturer's warranty. Use of the warranty takes place under the rules specified in the warranty statement. The StartUp does not provide its own warranty for the offered Goods.

 

§ 5 Provision of Services

The StartUp provides Services to Customers, the type, scope, and detailed description of which are indicated in the Service. Services are provided in the manner indicated in the Service, in particular on the page relating to the given Service. The StartUp publishes information on the Service regarding the procedure for the Customer to place an order for Services.

To place an order, the Customer indicates the Services they are interested in, and then enters the data necessary to conclude the Agreement and perform the Service, including specifying the Service performance method (if applicable) and the payment method. If a button or similar function is used to place an order in the Service, they are clearly marked with the words "order with obligation to pay" or another equivalent unambiguous wording. Placing and approving the order entails the Customer's obligation to pay the remuneration for the Services and any additional costs.

The confirmation of the order by the StartUp is the moment the service agreement is concluded between the StartUp and the Customer. The Customer is informed about the start and end date of the Service provision before concluding the Agreement, in particular via the Service.

If, at the express request of the Customer, the performance of the Service is to begin before the expiry of the deadline for withdrawal from the agreement concluded off-premises, the StartUp requires the Customer to submit a statement:

  • containing such an express request on a durable medium;

  • that they have acknowledged the information about the loss of the right to withdraw from the agreement upon its full performance by the StartUp.

If the Customer does not consent to the commencement of the Service performance before the expiry of the deadline for withdrawal from the Agreement, the delivery of the service occurs after the expiry of the deadline for the Customer to withdraw from the agreement, unless the StartUp on the Service does not offer Customers the possibility to conclude Agreements without expressing such consent.

The Customer may terminate the Service Agreement, in written or documentary form, with a 10-day notice period, effective at the end of the calendar month.

The StartUp may terminate the Service Agreement, in written or documentary form, with a 1-month notice period, effective at the end of the calendar month, for important reasons. The parties consider the following as important reasons:

  • cessation or the StartUp's decision to cease the functioning of the organized part of the StartUp's enterprise, indicated in § 1;

  • a material change or the StartUp's decision regarding a material change in the subject of the business activity of the organized part of the StartUp's enterprise, indicated in § 1;

  • a material reorganization in the StartUp's enterprise;

  • the occurrence of failures or difficulties (in particular technical ones), not caused by the StartUp, preventing or significantly hindering the provision of Services to the Customer;

  • the Customer's delay in paying remuneration to the StartUp;

  • a material breach of the Agreement or the Regulations by the Customer.

 

§ 6 Liability for non-conformity of the Service with the Agreement

Product Nature: The Customer agrees and acknowledges that cut flowers and floral compositions are living products, with limited durability, susceptible to external factors (including transport conditions, temperature, sunlight, and care method). For this reason, they are not subject to returns based on art. 27 of the Act on consumer rights, as products that deteriorate quickly.

Basis for Complaint: A complaint may be filed only if the delivered product (bouquet) is grossly non-conforming with the order (e.g., a completely different species of flowers, a composition fundamentally deviating from the one ordered) or has physical defects visible at the time of delivery (e.g., mechanical damage incurred before handover, signs of fungal diseases).

2a. Formal Conditions for Complaint. For a complaint regarding the condition of the bouquet at the time of delivery to be considered, it must meet the following mandatory formal conditions:

  • A photograph documenting the defect must be taken no later than 30 minutes from the moment of receiving the shipment or delivery of the bouquet by the courier.

  • The complaint, along with the attached photo, must reach the Shop immediately upon finding the non-conformity, immediately after taking the photograph.

2b. Exclusion of Liability. The Shop is not liable for the appearance, condition, and durability of the flowers that result from:

  • Improper care or storage by the Customer, in particular: not placing the bouquet in water within 30 minutes of receipt, not trimming the stems, using inappropriate water.

  • Exposure of the flowers to inappropriate external conditions, such as: drafts, direct sunlight, extreme temperatures (overheating or chilling), exposure to wind.

  • Mechanical damage caused by domestic animals, children, or other third parties after the bouquet is handed over.

2c. Consequences of Not Meeting the Conditions. A complaint filed after the 30-minute deadline or without the required photograph, as well as a complaint concerning the circumstances listed in point 2b, will be rejected.

3. Method of Filing a Complaint: The complaint should include:

  • Customer's data.

  • Description and justification of the complaint.

  • Request related to the nature of the defect – the Customer may request a price reduction or the delivery of a new, correct bouquet.

4. Review Period: The complaint will be reviewed within 14 (fourteen) days of its receipt. If the Shop does not respond to the complaint within this period, it is assumed that the complaint has been acknowledged. The Shop informs the Customer about the outcome of the complaint resolution in writing (on paper) or another durable medium (e.g., e-mail).

6. Consequences of Acknowledging the Complaint: If the complaint is acknowledged, the Shop, depending on the circumstances, will:

  • Deliver a new, correct bouquet (or its equivalent), or

  • Refund all or part of the paid amount.

7. Limitation of Liability:

  • The Shop's liability is limited to the value of the bouquet non-conforming with the order.

  • The Shop's liability does not cover lost profits (e.g., losses resulting from an unrealized business gift).

  • The Shop is not liable for the natural process of flower wilting, their durability resulting from storage conditions at the Customer's location, or damage caused after proper delivery.

8. Exclusion of Liability for Entrepreneurs: The above provisions regarding complaints (with the exception of point 1) do not apply to Customers who are not consumers, i.e., to entrepreneurs concluding an agreement directly related to their business activity.

 

§ 7 Agreements for the supply of digital content or a digital service.

The provisions of this paragraph and the following paragraph of the Regulations, in accordance with the provisions of Chapter 5b of the Act of May 30, 2014, on consumer rights, apply to Agreements for the supply of digital content or a Digital Service concluded with:

  • a Consumer, or

  • a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Registration and Information on Business.

The StartUp publishes information on the Service regarding the procedure for the Customer to place orders for Digital Services. To place an order, the Customer, in particular, indicates the Digital Services they are interested in, and then enters the data necessary to conclude the Agreement and perform the Digital Service, including specifying the Service performance method (if applicable) and the payment method. If a button or similar function is used to place an order in the Service, they are clearly marked with the words "order with obligation to pay" or another equivalent unambiguous wording. Placing and approving the order entails the Customer's obligation to pay the remuneration for the Digital Services and any additional costs.

The confirmation of the order by the StartUp is the moment the agreement for the provision of Digital Services is concluded with the Customer. The StartUp delivers the digital content or digital service to the Customer immediately after concluding the Agreement, unless the parties decided otherwise, in particular a different deadline was indicated on the Service page of the given Digital Service. This provision does not apply if the agreement provides for the delivery of digital content via a material medium.

If the Customer does not consent to the performance of the service before the expiry of the deadline for withdrawal from the Agreement, the delivery of the service occurs after the expiry of that deadline. The StartUp informs that expressing the consent mentioned in the previous section results in the Customer losing the right to withdraw from the agreement.

The StartUp may, for important reasons, make a change to the digital content or digital service that is not necessary to maintain its conformity with the Agreement. Important reasons are considered to be, in particular, the important interest of the Customer or the StartUp. The StartUp informs the Customer about the change made in a clear and understandable way. If the change significantly and negatively affects the Customer's access to the digital content or digital service or their use, the StartUp is obliged to inform the Customer with appropriate advance notice on a durable medium about the properties and date of the change and the right to terminate the agreement without observing the notice period. The Customer may terminate the agreement without observing the notice period within 30 days from the date the change was made.

The Customer may terminate the agreement for the supply of digital content or Digital Services in written or documentary form, with a 3-month notice period, effective at the end of the calendar month.

The StartUp may terminate the agreement for the supply of digital content or Digital Services in written or documentary form, with a 1-month notice period, effective at the end of the calendar month, for important reasons. The parties consider the following as important reasons:

  • cessation or the StartUp's decision to cease the functioning of the organized part of the StartUp's enterprise, indicated in § 1;

  • a material change or the StartUp's decision regarding a material change in the subject of the business activity of the organized part of the StartUp's enterprise, indicated in § 1;

  • a material reorganization in the StartUp's enterprise;

  • the occurrence of failures or significant difficulties (in particular technical ones) in the functioning of the Service, not caused by the StartUp;

  • the Customer's delay in paying remuneration to the StartUp;

  • a material breach of the Agreement or the Regulations by the Customer.

In matters not regulated in this paragraph, the provisions of Chapter 5b of the Act on consumer rights apply.

 

§ 8 Liability for non-conformity of digital content or digital service with the Agreement.

If the StartUp has not delivered the digital content or digital service, the Customer shall call upon it to deliver them. If the StartUp does not deliver the digital content or digital service immediately or within an additional period expressly agreed upon by the parties, the Customer may withdraw from the agreement.

The StartUp is liable for the non-conformity with the agreement of digital content or digital service delivered:

  • once or in parts, which existed at the time of their delivery and became apparent within two years from that time;

  • continuously, which occurred or became apparent during the time when they were to be delivered in accordance with the agreement.

If the digital content or digital service are non-conforming with the agreement, the Customer may demand that they be brought into conformity with the agreement. The StartUp may refuse to bring the digital content or digital service into conformity with the agreement if bringing them into conformity with the agreement is impossible or would require excessive costs for the StartUp.

If the digital content or digital service are non-conforming with the agreement, the Customer may submit a statement of price reduction or withdrawal from the agreement when:

  • bringing the digital content or digital service into conformity with the agreement is impossible or requires excessive costs pursuant to art. 43m section 2 and 3 of the Act on consumer rights;

  • the StartUp has not brought the digital content or digital service into conformity with the agreement in accordance with art. 43m section 4 of the Act on consumer rights;

  • the lack of conformity of the digital content or digital service with the agreement still exists, despite the StartUp having attempted to bring the digital content or digital service into conformity with the agreement;

  • the lack of conformity of the digital content or digital service with the agreement is significant enough to justify a price reduction or withdrawal from the agreement without prior use of the protection measure specified in art. 43m of the Act on consumer rights;

  • it is clearly evident from the StartUp's statement or circumstances that it will not bring the digital content or digital service into conformity with the agreement within a reasonable time or without undue inconvenience to the consumer.

The reduced price must remain in the same proportion to the price resulting from the agreement as the value of the digital content or digital service non-conforming with the agreement remains to the value of the digital content or digital service conforming with the agreement. If the agreement stipulates that the digital content or digital service are delivered in parts or continuously, the time during which the digital content or digital service were non-conforming with the agreement should be taken into account when reducing the price.

The Customer may not withdraw from the agreement if the digital content or digital service are delivered in exchange for the payment of a price, and the lack of conformity of the digital content or digital service with the agreement is insignificant.

In the event of the Customer withdrawing from the agreement, the StartUp may demand the return of the material medium on which it delivered the digital content, within 14 days from the date of receiving the Customer's statement of withdrawal from the agreement. The Customer returns the medium immediately. In the event of the Customer withdrawing from the agreement, the StartUp is obliged to refund the price only in the part corresponding to the digital content or digital service non-conforming with the agreement and the digital content or digital service for which the obligation to deliver ceased as a result of withdrawal from the agreement. The StartUp makes the refund of the price using the same payment method as used by the Customer, unless the Customer expressly agreed to a different method of refund that does not entail any costs for them.

The StartUp's liability is limited to the value of the digital content or Digital Service that was to be delivered. The StartUp's liability for damage caused by non-performance or improper performance of a Digital Service or non-delivery of digital content does not cover lost profits.

A complaint regarding the non-conformity of the Digital Service with the Agreement will be considered within 14 (fourteen) days of its receipt. If the StartUp does not respond to the complaint within the deadline, it is assumed that the complaint has been acknowledged. The StartUp informs the Customer about the outcome of the complaint resolution on paper or another durable medium.

The StartUp's liability for non-conformity with the agreement of digital content or Digital Service, as well as non-performance / improper performance of the Agreement concluded with the Customer, is excluded in the case of agreements concluded with a Customer who is not:

  • a Consumer;

  • a natural person concluding an agreement directly related to their business activity with the StartUp, when the content of this agreement indicates that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Registration and Information on Business.

 

§ 9 Product Prices and delivery cost

The prices listed for the Products offered on the Service are gross prices, meaning they include value-added tax (VAT). The prices are given in the Polish currency (złoty – PLN). The price given for a specific Product does not include shipping costs. Shipping costs are borne by the Customer, unless the content of the StartUp's offer in the Service provides otherwise. The total amount that the Customer must pay in connection with the purchase of the selected Product consists of the Product price and the delivery cost.

If the StartUp has not specified a different method of service performance on the Service page of a given Product or during the Customer's order placement, the methods of Product delivery are as follows:

  • in the case of Goods – by sending to the address provided by the Customer or by personal collection at the StartUp's premises;

  • in the case of Digital Services - to the e-mail address provided by the Customer;

  • in the case of other Services – in the manner specified on the Service page of the given Service or during the Customer's order placement, resulting in particular from the type of Service.

The StartUp indicates clearly on the Service, no later than at the beginning of the Customer's order placement, clear and legible information about the restrictions concerning Product delivery.

 

§ 10 Methods of payment

The StartUp indicates clearly on the Service, no later than at the beginning of the Customer's order placement, clear and legible information about the accepted payment methods.

If the StartUp has not specified a different payment method on the Service page of a given Product or during the Customer's order placement, the Customer makes the payment in one of the following ways:

  • by transfer using one of the electronic payment systems accepted by the StartUp, allowing for fast payments for the order;

  • To use one of the electronic payment systems, the Customer must accept the regulations and terms of use of the given electronic payment system. The list of electronic payment systems available on the Service is provided during the finalization of the order.

In case of withdrawal from the agreement, the refund is made in the same way the payment was made by the Customer, unless the Customer expressly agreed to a different method of refund that does not entail any costs for them.

The StartUp does not enable Customers to make cash payments.

 

§ 11 Right to withdraw from the agreement

The provisions of this paragraph apply to a Customer who is a Consumer, or a natural person concluding an agreement directly related to their business activity with the StartUp, when the content of this agreement indicates that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Registration and Information on Business.

The Customer indicated in section 1 has the right to withdraw from the Agreement without stating a reason and incurring costs, unless the provisions of generally applicable law or the provisions of these Regulations state otherwise. An Agreement from which the Customer indicated in section 1 has withdrawn is considered not concluded.

To withdraw from the agreement, it is sufficient to submit a statement of withdrawal from the agreement and send it to the StartUp, within 14 (fourteen) days. The period for withdrawal from the agreement begins:

  • for an Agreement in performance of which the StartUp hands over the Goods, being obliged to transfer their ownership - from the Customer or a third party indicated by them other than the carrier taking possession of the Goods, and in the case of an Agreement that:

    • covers multiple Goods that are delivered separately, in batches or in parts - from the taking possession of the last Good, its batch, or part,

    • consists of regular delivery of Goods for a specified time - from the taking possession of the first of the Goods;

  • for other Agreements - from the date of concluding the Agreement.

To comply with the deadline for withdrawal from the agreement, it is sufficient to:

  • send a written statement to the StartUp's address indicated in the Regulations or the Service, or

  • send a statement in documentary form to the StartUp's e-mail address indicated in the Regulations or the Service.

The StartUp immediately sends the Customer, on a durable medium, confirmation of receipt of the statement of withdrawal from the agreement, submitted electronically.

In case of withdrawal from the agreement, the Customer is obliged to return the purchased Product immediately, no later than within 14 (fourteen) days from the withdrawal from the agreement, unless the StartUp proposed to collect the Goods itself. To meet the deadline, it is sufficient to send back the Goods before its expiry. The Customer bears the costs of returning the Goods.

In case the Customer withdraws from the agreement, the StartUp is obliged to refund the amount paid by the Customer for the Product and the shipping costs to the Customer, no later than within 14 (fourteen) days from the date of receiving the declaration of will to withdraw from the agreement. However, if the Customer chose a method of Product delivery other than the cheapest method offered on the Service for the given order, the StartUp is not obliged to refund the additional costs incurred by them.

The StartUp will make the refund using the same payment method as used by the Customer, unless the Customer agrees with the StartUp on a different refund method that does not entail any costs for them. The StartUp may withhold the refund of payments received from the Customer until it receives the Product back or the Customer provides proof of its dispatch, whichever occurs first. If the Customer sent a statement of withdrawal from the agreement before receiving order confirmation from the StartUp, the order is cancelled.

The Customer is liable for the reduction in the value of the Goods resulting from using them in a way that goes beyond what is necessary to ascertain the nature, characteristics, and functioning of the Goods.

The right of withdrawal from the agreement does not apply to the Customer in the cases indicated in the Act of May 30, 2014, on consumer rights, in particular in relation to agreements:

  • for the provision of services for which the consumer is obliged to pay a price, if the entrepreneur has fully performed the service with the consumer's express and prior consent, who was informed before the start of the service that they would lose the right to withdraw from the agreement after the entrepreneur has fully performed the service, and acknowledged this;

  • in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the expiry of the deadline for withdrawal from the agreement;

  • in which the subject of the service is a non-prefabricated item, produced according to the consumer's specification or serving to satisfy their individualized needs;

  • in which the subject of the service is a perishable item or an item with a short shelf life;

  • in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

  • in which the subject of the service are items which, due to their nature, become inseparably connected with other items after delivery;

  • in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales agreement, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;

  • in which the consumer expressly requested that the entrepreneur come to them to perform an urgent repair or maintenance;

  • if the entrepreneur provides additional services other than those requested by the consumer, or supplies items other than spare parts necessary for the repair or maintenance, the right to withdraw from the agreement applies to the additional services or items;

  • in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

  • for the supply of newspapers, periodicals, or magazines, with the exception of a subscription agreement;

  • concluded through a public auction;

  • for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports, or cultural events, if the agreement specifies the date or period of service provision;

  • for the supply of digital content not supplied on a material medium, for which the consumer is obliged to pay a price, if the entrepreneur began the performance with the consumer's express and prior consent, who was informed before the start of the performance that they would lose the right to withdraw from the agreement after the entrepreneur has fully performed the service, and acknowledged this, and the entrepreneur provided the consumer with the confirmation referred to in art. 15 section 1 and 2 or art. 21 section 1 of the Act on consumer rights;

  • for the provision of services for which the consumer is obliged to pay a price, in which the consumer expressly requested the entrepreneur to come to them to perform a repair, and the service has already been fully performed with the consumer's express and prior consent.

The StartUp will also make a correction of the proofs of purchase previously provided to the Customer (corrective VAT invoice or corrective specification).

 

§ 12 Refund of the amount paid by the Customer

The StartUp will refund the funds within 14 (fourteen) calendar days, using the same payment methods that were used by the Customer for payment, unless the Customer expressly agreed to a different method of refund that does not entail any costs for them, in the event of:

  • withdrawal from the agreement in whole or in part (in which case the appropriate part of the price is refundable) in the case of an order paid for in advance before its fulfillment;

  • acknowledgement of the complaint and the impossibility of repairing the damaged Goods or exchanging them for new ones or providing the Service / Digital Service in accordance with the agreement;

  • acknowledgement of the right to demand a price reduction for the Product.

 

§ 13 Newsletter

The Customer may consent to receive commercial information, including commercial information by electronic means, by checking the appropriate option in the registration form or through the Service. If such consent is given, the Customer will receive the StartUp's information bulletin (Newsletter) to the e-mail address provided by them. The Customer can unsubscribe from the Newsletter at any time by notifying the StartUp of the resignation.

 

§ 14 Contact details of the StartUp

The Customer can contact the StartUp:

 

§ 15 Final Provisions

The StartUp informs that the use of services provided electronically involves risks resulting from the generally available nature of the Internet, including in particular the possibility of unauthorized third parties obtaining or modifying the Customer's transmitted data. To minimize this risk, the Customer should use appropriate security measures, including in particular using anti-virus programs, having current versions of web browsers and operating systems, and not using open access points.

To the fullest extent permitted by law, the StartUp is not liable for the blocking of messages sent to the e-mail address indicated by the Customer by mail server administrators, and for the deletion and blocking of e-mail messages by software installed on the computer used by the Customer. The StartUp is not liable for the devices and infrastructure used by the Customer, including the faulty operation of public teleinformation networks, causing, for example, lack of or disruptions in access to the Service's website.

The StartUp informs that the display of Product visualizations in the Customer's teleinformation system, when using the Service, depends on a number of factors, including the type of display matrix, proportions, resolution, backlighting method, applied technologies, electronics efficiency, and settings. Discrepancies between the visualization available in the Customer's teleinformation system and the actual appearance of the Product cannot be the basis for a complaint.

The StartUp informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials, or photos placed on the Service are subject to legal protection and are used by the StartUp solely for informational purposes. To the fullest extent permitted by law, the StartUp is not liable for disruptions, including interruptions, in the functioning of the Service caused by force majeure, unauthorized actions of third parties, or incompatibility of the Service with the Customer's technical infrastructure. The StartUp reserves the possibility of temporarily suspending the operation of the Service, in particular for the purpose of maintenance, development, or modernization works.

All Product names offered on the Service are used for identification purposes and may be protected or reserved under the provisions of the Industrial Property Law. The StartUp points out that the Service contains content protected by intellectual property law, in particular works protected by copyright (content posted on the Service, graphic layout, graphics, photos, etc.). Customers and visitors to the Service undertake to respect the intellectual property rights (including economic copyrights and industrial property rights such as rights resulting from trademark registration) belonging to the StartUp and third parties. The Customer or person visiting the Service bears sole responsibility for non-compliance with the provisions of this point.

The Customer may not post unlawful content on the Service, content that is inconsistent with applicable law, immoral, or infringing the welfare of third parties, nor may they publish links to pornographic, obscene, or degrading materials. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Service, including in particular any interference with the manner of operation of the Service or its technical elements.

The StartUp undertakes to inform registered Customers of the Service about every change to the Regulations by sending an electronic message to the e-mail address provided during registration, and the Customer, upon receiving such information, will be able to delete the Account at any time. A change to the Regulations does not affect Agreements concluded before the date the changes come into force.

In matters not regulated in the Regulations, the applicable provisions of Polish law apply, including in particular the provisions of:

  • the Act of April 23, 1964, Civil Code;

  • the Act of May 30, 2014, on consumer rights;

  • the Act of July 18, 2002, on the provision of services by electronic means.

Disputes related to Agreements concluded on the basis of the Regulations will be settled by the court having local jurisdiction for the StartUp. This provision does not apply to Agreements concluded with a Consumer.

The application of a specific method of out-of-court dispute resolution is possible only with the mutual consent of the Customer and the StartUp. Detailed procedures for out-of-court dispute resolution are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of Provincial Inspectorates of Trade Inspection, and at county (municipal) consumer ombudsmen.

The Regulations are effective from: 02.2025.

 

Notice on out-of-court dispute resolution

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), Fundacja Rozwoju Przedsiębiorczości „Twój StartUp” with its registered office in Warsaw hereby provides an electronic link to the online dispute resolution (ODR) platform: https://webgate.ec.europa.eu/odr. The ODR platform enables the out-of-court resolution of disputes between entrepreneurs and consumers. Dispute resolution by this method is voluntary.

 

MODEL WITHDRAWAL FORM

(This form should only be filled out and sent if you wish to withdraw from the agreement)

........................................................ (Name and surname of the person submitting the letter) ........................................................ ........................................................ (Address of the person submitting the letter)

Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warszawa Delivery address: ul.Krupnicza 7 31-123 Blossom

WITHDRAWAL FROM THE AGREEMENT

I, the undersigned, hereby withdraw from the following agreement: Date of agreement conclusion Agreement / order number ................................................................ Subject of the agreement ......................... Customer's signature Date: ........................

 

MODEL COMPLAINT FORM

(This form should only be filled out and sent if you wish to submit a complaint) ........................................................ (Name and surname of the person submitting the letter) ........................................................ ........................................................ (Address of the person submitting the letter)

Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warszawa Delivery address: ul.Krupnicza 7 31-123 Blossom

COMPLAINT

I, the undersigned, hereby submit a complaint regarding the agreement / order from the day ...............................……………. no. ………………………………………., the subject of which was

Reason for filing the complaint: ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ (describe the reason for the complaint)

In view of the above, I request ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

......................... Customer's signature Date: ........................

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