LUTUMURSI

Online Store Terms and Conditions

§ 1 General Provisions

The website LUTUMURSI operating at www.lutumursi.pl (hereinafter: Website) is operated by Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”, with its registered office in Warsaw at ul. Żurawia 6/12, lok. 766, 00-503 Warsaw, service address: Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS No. 0000442857, NIP No. 521-364-12-11, REGON No. 146433467, BDO No. 000460502.
These Terms and Conditions apply to activities performed on behalf of Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” by the organised part of the enterprise named Realizacje Filmowe, operating within a branch of Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”, represented by Magdalena Stroszejn-Bronikowska (e-mail: lutumursi.design@gmail.com, tel.: 698921132). Magdalena Stroszejn-Bronikowska, identified in this paragraph, is designated by Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” as the contact person for matters relating to the implementation of these Terms and Conditions.
These Terms and Conditions specify in particular:

the rules for using the Website;
the terms for placing orders for Products available on the Website;
order processing times and rules;
payment terms and methods;
the Customer’s right to withdraw from an Agreement;
the rules for submitting and handling complaints;
the specific rights of a Customer who is a Consumer.

StartUp sells Goods and provides Services through the Website using means of distance communication. Agreements entered into by the Customer with StartUp through the Website are distance contracts
within the meaning of the Act of 30 May 2014 on Consumer Rights.
The Customer is entitled and required to use the Website in accordance with its intended purpose, the principles of social coexistence and good practice.
Browsing the Website does not require registration, and the Customer may place orders for Products without registering an account.
These Terms and Conditions are available free of charge on the Website in a form that enables them to be obtained, reproduced and stored.
The Customer is required to read these Terms and Conditions. The Website may only be used after the Customer has read and accepted them.
A Customer may be a person with full legal capacity.
The terms used in these Terms and Conditions have the following meanings:
1. 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 in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under No. 0000442857, NIP: 521-364-12-11, REGON: 146-433-467, BDO: 000460502;
2. Customer – a person using the Website and purchasing Goods or Services provided by StartUp through the Website;
3. Consumer – a natural person entering into a legal transaction with an entrepreneur that is not directly related to that person’s business or professional activity;
4. Services – services provided by StartUp and offered to Customers through the Website, excluding Digital Services;
5. Digital Service – a digital service within the meaning of Article 2(5a) of the Act of 30 May 2014 on Consumer Rights, provided by StartUp and offered to Customers through the Website;
6. Goods – movable items sold by StartUp to Customers through the Website;
7. Products – Goods, Services or Digital Services;
8. Website – the website available at www.lutumursi.pl through which StartUp provides electronic services to the Customer, offers Products to Customers and enables Agreements to be entered into;
9. Agreement – an agreement entered into between StartUp and the Customer through the Website;
10. Account – the Customer’s individual account on the Website, enabling the Customer, after logging in, to use Services and Digital Services and enter into Agreements;
11. business days – all days other than Saturdays, Sundays and statutory public holidays;
12. Terms and Conditions – these Terms and Conditions.
Where there is reasonable suspicion that the Customer has provided false information, StartUp has the right to refrain from performing the Agreement and will notify the Customer accordingly.
If the Customer provides incorrect or inaccurate data, including
in particular an incorrect or inaccurate address, StartUp will not be liable, to the fullest extent permitted by law, for non-delivery or delayed delivery of Goods or for failure to provide a Service or Digital Service.
Information contained on the Website, including in particular announcements, advertisements and price lists, does not constitute an offer within the meaning of Article 66 of the Civil Code Act of 23 April 1964. The information contained on the Website constitutes an invitation to enter into an Agreement as referred to in Article 71 of the Civil Code.
Immediately before a Customer who is a Consumer places an order, StartUp is required to provide the Customer, in a clear and visible manner, with information in particular about:
1. the main characteristics of the performance, taking into account its subject matter and the method of communication with the Customer;
2. the total price or remuneration for the performance, including taxes, and where the nature of the subject matter reasonably prevents the amount from being calculated in advance, the method by which it will be calculated, as well as transport, delivery, postal service charges and other costs, and where the amount of such charges cannot be determined, the obligation to pay them;
3. the right of withdrawal from the Agreement or the absence of such a right;
4. the duration of the Agreement or the method and grounds for terminating it, where the Agreement is concluded for an indefinite period or is subject to automatic renewal;
5. the minimum duration of the Customer’s obligations under the Agreement.
Where StartUp offers the possibility of accepting individual (made-to-order) orders from Customers, such orders may be placed via the StartUp e-mail address specified on the Website. In such a case, StartUp prepares a quotation and sends it to the e-mail address provided by the Customer.
The processing time for an individual (made-to-order) order is 30 days from the conclusion of the Agreement, unless StartUp informed the Customer of a different time limit no later than before the order was placed.
The Website serves Customers in Poland and the European Union unless StartUp’s offer on the Website provides otherwise.

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§ 2 Technical Requirements for Using the Website

To browse the Website, the following are required:
1. an end device with Internet access;
2. a web browser capable of accepting cookies, such as a current version of Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari;
3. acceptance of necessary cookies.
An active e-mail account is required to use the Website’s functionality, in particular to register on the Website or place orders for Products.
The Website uses cookies to ensure the proper provision of Services and to maintain security. Blocking cookies, including through third-party cookie-blocking applications, may cause the Website to operate incorrectly and may prevent proper provision of a Service, for which StartUp is not liable.

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§ 3 Sale of Goods – Order Terms and Processing Time

Through the Website, StartUp enters into agreements for the sale of Goods with Customers. Under a sales agreement, StartUp undertakes to transfer ownership of the Goods to the Customer and deliver the Goods, while the Customer undertakes to accept the Goods and pay the price to StartUp.
To place an order, the Customer selects the Goods of interest by using the “Add to cart” command or equivalent wording on the relevant Goods page, and then provides the required details and selects the delivery and payment methods.
The shopping cart allows the Customer to:

add and remove Goods and change their quantities;
specify the address to which the Goods are to be delivered and provide the data required to issue an invoice;
select the delivery method;
select the payment method;
enter a discount code (if applicable).

The Customer places an order by confirming it using a button marked “order with obligation to pay” or other equivalent unambiguous wording.
Placing and confirming an order creates an obligation for the Customer to pay the price of the Goods and the delivery costs. The sales agreement between StartUp and the Customer is concluded when StartUp confirms the order.
Purchased Goods are dispatched within 14 business days from confirmation that payment has been credited to StartUp’s bank account, unless these Terms and Conditions provide otherwise or StartUp informed the Customer, immediately before the order was placed, of a different deadline.
Goods purchased through the Website are sent to the address provided by the Customer.
Orders may be placed through the Website 24 (in words: twenty-four) hours a day, 7 (in words: seven) days a week. Orders placed on Saturdays, Sundays or statutory public holidays are processed on the next business day.
If only part of an order can be fulfilled, before confirming the order StartUp may offer the Customer:

cancellation of the entire order (if the Customer selects this option, StartUp will be released from the obligation to fulfil the order);
cancellation of the part of the order that cannot be fulfilled
within the specified time limit (if the Customer selects this option, the order will be fulfilled in part and StartUp will be released from the obligation to fulfil the remaining part);
performance of a substitute service or supply to be agreed with the Customer. Once approved by the Customer, an order for such substitute performance will be treated as final;
splitting the order and setting a new fulfilment date for the part of the order that cannot be fulfilled within the originally specified time limit (if the Customer selects this option, the Goods forming the order will be sent in several separate shipments and the Customer will bear the additional costs associated with splitting the order into several shipments).

If the Goods ordered by the Customer are unavailable or the Customer’s order cannot be fulfilled for another reason, StartUp will inform the Customer by e-mail within 7 (in words: seven) days from the conclusion of the Agreement.
If payment for Goods that cannot be delivered in whole or in part was made in advance, StartUp will refund the amount paid (or the relevant difference) to the Customer within 14 (in words: fourteen) days from the conclusion of the Agreement, in accordance with the detailed rules set out in these Terms and Conditions.
For particular Goods, StartUp may state on the Website the number of business days within which the shipment containing the purchased Goods will be dispatched. This period is calculated from order confirmation until dispatch of the ordered Goods. The order processing time takes into account the time needed to assemble all Goods included in the order.

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§ 4 Liability for Lack of Conformity of Goods with the Agreement

Pursuant to Chapter 5a of the Act of 30 May 2014 on Consumer Rights, the provisions of this section of the Terms and Conditions apply to StartUp’s liability for lack of conformity of Goods with an Agreement entered into with:
1. a Consumer; or
2. a natural person entering into an agreement directly related to that person’s business activity, where the content of the agreement indicates that it is not of a professional nature for that person, in particular in light of the subject matter of the business activity disclosed under the provisions governing the Central Register and Information on Business Activity.
StartUp undertakes that the Goods offered are free from physical and legal defects.
The Customer has the right to submit a complaint if the Goods do not conform to the Agreement.
The Customer submits a complaint in writing or in documentary form to StartUp’s e-mail address.
A complaint concerning defective Goods may include one of the following requests:

repair of the Goods;
replacement of the Goods.

If the Goods do not conform to the Agreement, the Customer may make a statement requesting a price reduction or withdrawal from the Agreement where:
1. StartUp has refused to bring the Goods into conformity with the Agreement pursuant to Article 43d(2) of the Act of 30 May 2014 on Consumer Rights;
2. StartUp has failed to bring the Goods into conformity with the Agreement pursuant to Article 43d(4)–(6) of the Act of 30 May 2014 on Consumer Rights;
3. the lack of conformity of the Goods with the Agreement persists despite StartUp’s attempt to bring the Goods into conformity with the Agreement;
4. the lack of conformity of the Goods with the Agreement is sufficiently serious to justify an immediate price reduction or withdrawal from the Agreement without first using the remedies specified in Article 43d of the Act of 30 May 2014 on Consumer Rights;
5. it is clear from StartUp’s statement or from the circumstances that StartUp will not bring the Goods into conformity with the Agreement within a reasonable time or without significant inconvenience to the Consumer.
A complaint concerning defects in Goods will be considered within 14 (in words: fourteen) days of its receipt.
If StartUp does not respond to the complaint within the applicable time limit, the complaint is deemed accepted.
StartUp informs the Customer of the outcome of the complaint on paper or another durable medium.
If a complaint concerning Goods is accepted, StartUp will, depending on the Customer’s request, repair the Goods, replace the Goods, reduce the price, or refund the entire amount paid by the Customer in connection with withdrawal from the Agreement.
StartUp refunds the amount due to the Customer using the same payment method used by the Customer, unless the Customer expressly agrees to another refund method that does not entail any costs for the Customer. StartUp issues the Customer with an appropriate correction to the proof of purchase (VAT correction invoice or correction specification).
StartUp’s liability is limited to the value of the Goods covered by the Agreement. StartUp’s liability for damage caused by non-performance or improper performance of a Digital Service or failure to supply digital content does not include lost profits.
In matters not regulated by these Terms and Conditions, the respective rights and obligations of the Customer and StartUp in the event of a defect in Goods / non-performance / improper performance of the Agreement by StartUp are governed by the applicable provisions of generally binding law, in particular the Consumer Rights Act and the Civil Code.
StartUp’s liability for defects in Goods, Services and Digital Services is excluded in the case of agreements entered into for a Customer who is neither:
1. a Consumer;
2. a natural person entering into an agreement with StartUp directly related to that person’s business activity, where the content of the agreement indicates that it is not of a professional nature for that person, in particular in light of the subject matter of the business activity disclosed under the provisions governing the Central Register and Information on Business Activity.
Goods offered by StartUp may be covered by a manufacturer’s warranty. Any warranty rights are exercised under the terms set out in the warranty statement. StartUp does not provide its own warranty for the Goods offered.

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§ 5 Provision of Services

StartUp provides Services to Customers, the type, scope and detailed description of which are specified on the Website. The Services consist in particular of the sale of handmade porcelain products.
StartUp provides information on the Website on how the Customer may place an order for Services. To place an order, the Customer selects the Services of interest and then enters the data necessary to conclude the Agreement and provide the Service, including the method of providing the Service (if applicable) and the payment method.
If a button or similar function is used to place an order on the Website, it is clearly labelled with the words “order with obligation to pay” or other equivalent unambiguous wording.
Placing and confirming an order creates an obligation for the Customer to pay the remuneration for the Services and any additional costs. The agreement for the provision of Services between StartUp and the Customer is concluded when StartUp confirms the order.
The Customer is informed of the commencement and completion dates for the provision of Services before the Agreement is concluded, in particular through the Website.
If, at the Customer’s express request, performance of a Service is to begin before the expiry of the withdrawal period for an off-premises contract, StartUp requires the Customer to make a statement:
1. containing such express request on a durable medium;
2. confirming that the Customer acknowledges the loss of the right of withdrawal once the Agreement has been fully performed by StartUp.
If the Customer does not consent to the provision of the Service commencing before the expiry of the withdrawal period, the Service will be provided after that withdrawal period has expired, unless StartUp does not offer Customers the option of concluding Agreements through the Website without giving such consent.
The Customer may terminate an Agreement for the provision of Services in writing or in documentary form by giving 14 days’ notice, effective at the end of a calendar month.
StartUp may terminate an Agreement for the provision of Services in writing or in documentary form by giving 14 days’ notice, effective at the end of a calendar month, for valid reasons. The parties consider the following to be valid reasons:
1. the cessation, or StartUp’s decision to cease, the operation of the organised part of StartUp’s enterprise referred to in § 1;
2. a material change, or StartUp’s decision to make a material change, to the scope of activity of the organised part of StartUp’s enterprise referred to in § 1;
3. a material reorganisation within StartUp’s enterprise;
4. a failure or difficulty (in particular of a technical nature) not attributable to StartUp that prevents or materially hinders the provision of Services to the Customer;
5. delay by the Customer in paying remuneration due to StartUp;
6. a material breach of the Agreement or these Terms and Conditions by the Customer.

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§ 6 Liability for Lack of Conformity of a Service with the Agreement

A complaint concerning Services provided contrary to the Agreement should specify the requested remedy, depending on the nature of the Service.
A complaint concerning lack of conformity of a Service with the Agreement will be considered within 14 (in words: fourteen) days of its receipt.
If StartUp does not respond to the complaint within the applicable time limit, the complaint is deemed accepted.
StartUp informs the Customer of the outcome of the complaint on paper or another durable medium.
If a complaint concerning a Service is accepted, StartUp will provide the Service correctly, refund all or part of the remuneration received to the Customer, or provide other performance to the Customer, depending on the type of Service and the circumstances of the case.
StartUp’s liability is limited to the value of the Service that was not performed or was improperly performed. StartUp’s liability for damage caused by non-performance or improper performance of a Service does not include lost profits.
StartUp’s liability for defects in Services, as well as for non-performance / improper performance of an agreement entered into with a Customer, is excluded in the case of agreements entered into for a Customer who is neither:
1. a Consumer;
2. a natural person entering into an agreement with StartUp directly related to that person’s business activity, where the content of the agreement indicates that it is not of a professional nature for that person, in particular in light of the subject matter of the business activity disclosed under the provisions governing the Central Register and Information on Business Activity.

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§ 7 Agreements for the Supply of Digital Content or Digital Services

Pursuant to Chapter 5b of the Act of 30 May 2014 on Consumer Rights, the provisions of this section and the following section of these Terms and Conditions apply to Agreements for the supply of digital content or a Digital Service entered into with:
1. a Consumer; or
2. a natural person entering into an agreement directly related to that person’s business activity, where the content of the agreement indicates that it is not of a professional nature for that person, in particular in light of the subject matter of the business activity disclosed under the provisions governing the Central Register and Information on Business Activity.
StartUp provides information on the Website on how the Customer may place orders for Digital Services. To place an order, the Customer in particular selects the Digital Services of interest and then enters the data necessary to conclude the Agreement and provide the Digital Service, including the method of providing the Service (if applicable) and the payment method.
If a button or similar function is used to place an order on the Website, it is clearly labelled with the words “order with obligation to pay” or other equivalent unambiguous wording.
Placing and confirming an order creates an obligation for the Customer to pay the remuneration for Digital Services and any additional costs. The agreement for the provision of Digital Services with the Customer is concluded when StartUp confirms the order.
StartUp supplies digital content or a Digital Service to the Customer immediately after the Agreement is concluded, unless the parties agree otherwise, in particular where a different date is specified on the Website on the page of the relevant Digital Service. This provision does not apply where the Agreement provides for digital content to be supplied on a tangible medium. If the Customer does not consent to performance before the expiry of the withdrawal period, the Service will be supplied after that period has expired.
StartUp informs the Customer that giving the consent referred to in the preceding paragraph results in the loss of the Customer’s right of withdrawal.
For valid reasons, StartUp may modify digital content or a Digital Service where the modification is not necessary to maintain conformity with the Agreement. A valid reason includes, in particular, an important interest of the Customer or StartUp. StartUp will inform the Customer of the modification in a clear and comprehensible manner. If the modification materially and adversely affects the Customer’s access to or use of the digital content or Digital Service, StartUp must inform the Customer sufficiently in advance, on a durable medium, of the characteristics and timing of the modification and of the right to terminate the Agreement without notice. The Customer may terminate the Agreement without notice within 30 days from the date of the modification.
The Customer may terminate an Agreement for the supply of digital content or Digital Services in writing or in documentary form by giving 14 days’ notice, effective at the end of a calendar month.
StartUp may terminate an Agreement for the supply of digital content or Digital Services in writing or in documentary form by giving one month’s notice, effective at the end of a calendar month, for valid reasons. The parties consider the following to be valid reasons:
1. the cessation, or StartUp’s decision to cease, the operation of the organised part of StartUp’s enterprise referred to in § 1;
2. a material change, or StartUp’s decision to make a material change, to the scope of activity of the organised part of StartUp’s enterprise referred to in § 1;
3. a material reorganisation within StartUp’s enterprise;
4. a failure or material difficulty (in particular of a technical nature) in the operation of the Website that is not attributable to StartUp;
5. delay by the Customer in paying remuneration due to StartUp;
6. a material breach of the Agreement or these Terms and Conditions by the Customer.
In matters not regulated by this section, the provisions of Chapter 5b of the Consumer Rights Act apply.

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§ 8 Liability for Lack of Conformity of Digital Content or a Digital Service with the Agreement

If StartUp has not supplied the digital content or Digital Service, the Customer will request that it be supplied. If StartUp fails to supply the digital content or Digital Service immediately or within an additional period expressly agreed by the parties, the Customer may withdraw from the Agreement. This provision does not apply where the Agreement provides for digital content to be supplied on a tangible medium.
StartUp is liable for lack of conformity with the Agreement of digital content or a Digital Service supplied:
1. on a one-off basis or in parts, where the lack of conformity existed at the time of supply and became apparent within two years from that time;
2. continuously, where the lack of conformity occurred or became apparent during the period in which, under the Agreement, the digital content or Digital Service was to be supplied.
If digital content or a Digital Service does not conform to the Agreement, the Customer may request that it be brought into conformity with the Agreement.
StartUp may refuse to bring digital content or a Digital Service into conformity with the Agreement if doing so is impossible or would require excessive costs for StartUp.
If digital content or a Digital Service does not conform to the Agreement, the Customer may make a statement requesting a price reduction or withdrawal from the Agreement where:
1. bringing the digital content or Digital Service into conformity with the Agreement is impossible or would require excessive costs within the meaning of Article 43m(2) and (3) of the Consumer Rights Act;
2. StartUp has failed to bring the digital content or Digital Service into conformity with the Agreement pursuant to Article 43m(4) of the Consumer Rights Act;
3. the lack of conformity of the digital content or Digital Service with the Agreement persists despite StartUp’s attempt to bring it into conformity with the Agreement;
4. the lack of conformity of the digital content or Digital Service with the Agreement is sufficiently serious to justify an immediate price reduction or withdrawal from the Agreement without first using the remedy specified in Article 43m of the Consumer Rights Act;
5. 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 Agreement within a reasonable time or without significant inconvenience to the Customer.
The reduced price must bear the same proportion to the price under the Agreement 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. If the Agreement provides that digital content or a Digital Service is supplied in parts or continuously, the price reduction must take into account the period during which the digital content or Digital Service did not conform to the Agreement.
The Customer may not withdraw from the Agreement if the digital content or Digital Service is supplied in exchange for payment of a price and the lack of conformity with the Agreement is immaterial.
If the Customer withdraws from the Agreement, StartUp may request the return of the tangible medium on which the digital content was supplied within 14 days from receipt of the Customer’s statement of withdrawal. The Customer must return the medium without undue delay.
If the Customer withdraws from the Agreement, StartUp is required to refund the price only in the part corresponding to the digital content or Digital Service that did not conform to the Agreement and to the digital content or Digital Service that no longer has to be supplied as a result of the withdrawal.
StartUp refunds the price using the same payment method used by the Customer, unless the Customer expressly agrees to another refund method that does not entail any costs for the Customer.
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 failure to supply digital content does not include lost profits.
A complaint concerning lack of conformity of a Digital Service with the Agreement will be considered within 14 (in words: fourteen) days of its receipt.
If StartUp does not respond to the complaint within the applicable time limit, the complaint is deemed accepted.
StartUp informs the Customer of the outcome of the complaint on paper or another durable medium.
StartUp’s liability for lack of conformity with the Agreement of digital content or a Digital Service, as well as for non-performance / improper performance of an Agreement entered into with a Customer, is excluded in the case of agreements entered into with a Customer who is neither:
1. a Consumer;
2. a natural person entering into an agreement with StartUp directly related to that person’s business activity, where the content of the agreement indicates that it is not of a professional nature for that person, in particular in light of the subject matter of the business activity disclosed under the provisions governing the Central Register and Information on Business Activity.

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§ 9 Product Prices and Delivery Costs

Prices displayed for Products offered on the Website are gross prices, meaning that they include value added tax (VAT). Prices are stated in Polish currency (zloty – PLN).
The price stated for a Product does not include shipping costs.
Shipping costs are borne by the Customer unless StartUp’s offer on the Website provides otherwise.
The total amount payable by the Customer for the selected Product consists of the Product price and the delivery cost.
Unless StartUp specifies a different method of performance on the relevant Product page or during the ordering process, Products are supplied as follows:
1. for Goods – shipment to the address provided by the Customer or personal collection from StartUp’s premises;
2. for Digital Services – to the e-mail address provided by the Customer;
3. for other Services – in the manner specified on the Website on the relevant Service page or during the ordering process, in particular according to the nature of the Service.
No later than at the beginning of the ordering process, StartUp clearly provides on the Website legible information about any restrictions on delivery of the Product.

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§ 10 Payment Methods

No later than at the beginning of the ordering process, StartUp clearly provides on the Website legible information about the accepted payment methods.
Unless StartUp specifies a different payment method on the relevant Product page or during the ordering process, the Customer pays using one of the following methods:

by bank transfer or card through one of the electronic payment systems accepted by StartUp, allowing fast payment for the order;
by ordinary bank transfer to the account specified by StartUp.

To use an electronic payment system, the Customer must accept the terms and conditions governing that payment system. The list of electronic payment systems available on the Website is displayed during checkout.
In the event of withdrawal from the Agreement, funds are refunded using the same method by which the Customer made the payment, unless the Customer expressly agrees to another refund method that does not entail any costs for the Customer.
StartUp does not allow Customers to make cash payments.

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§ 11 Right of Withdrawal

The provisions of this section apply to a Customer who is a Consumer or a natural person entering into an agreement with StartUp directly related to that person’s business activity, where the content of the agreement indicates that it is not of a professional nature for that person, in particular in light of the subject matter of the business activity disclosed under the provisions governing the Central Register and Information on Business Activity.
The Customer referred to in paragraph 1 has the right to withdraw from the Agreement without giving any reason
and without incurring costs, unless generally applicable law or these Terms and Conditions provide otherwise. An Agreement from which the Customer referred to in paragraph 1 has withdrawn is deemed not to have been concluded.
To withdraw from the Agreement, it is sufficient to make a statement of withdrawal and send it to StartUp within 14 (in words: fourteen) days.
The withdrawal period begins:
1. for an Agreement under which StartUp delivers Goods and is required to transfer ownership of them – from the time the Customer, or a third party designated by the Customer other than the carrier, takes possession of the Goods, and in the case of an Agreement that:
  - covers multiple Goods delivered separately, in batches or in parts – from taking possession of the last item, batch or part;
  - provides for regular delivery of Goods for a specified period – from taking possession of the first item;
2. for other Agreements – from the date the Agreement is concluded.
To meet the withdrawal deadline, it is sufficient to:

send a written statement to the StartUp address specified in these Terms and Conditions or on the Website; or
send a statement in documentary form to the StartUp e-mail address specified in these Terms and Conditions or on the Website.

StartUp immediately provides the Customer, on a durable medium, with confirmation of receipt of a statement of withdrawal submitted electronically.
In the event of withdrawal from the Agreement, the Customer is required to return the purchased Product without undue delay, no later than 14 (in words: fourteen) days from withdrawal, unless StartUp has offered to collect the Goods itself. The deadline is met if the Goods are sent back before it expires. The Customer bears the cost of returning the Goods.
If the Customer withdraws from the Agreement, StartUp must refund the amount paid for the Product and the cost of delivery to the Customer no later than 14 (in words: fourteen) days from receipt of the statement of withdrawal. However, if the Customer chose a Product delivery method other than the least expensive method offered on the Website for the relevant order, StartUp is not required to reimburse the additional costs incurred by the Customer.
StartUp will make the refund using the same payment method used by the Customer, unless the Customer agrees with StartUp on another refund method that does not entail any costs for the Customer.
StartUp may withhold the refund of payments received from the Customer until the Product is returned or the Customer provides proof of having sent it back, whichever occurs first.
If the Customer sends a statement of withdrawal before receiving order confirmation from StartUp, the order is cancelled.
The Customer is liable for any diminished value of the Goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning.
The Customer has no right of withdrawal in the cases specified in the Act of 30 May 2014 on Consumer Rights, in particular in relation to agreements:
1. for the provision of services for which the Consumer is required to pay a price, where the entrepreneur has fully performed the service with the Consumer’s express prior consent and the Consumer was informed before performance began that, once the service had been fully performed by the entrepreneur, the Consumer would lose the right of withdrawal and acknowledged this;
2. where the price or remuneration depends on fluctuations in the financial market that are beyond the entrepreneur’s control and may occur before the withdrawal period expires;
3. for the supply of non-prefabricated Goods made to the Consumer’s specifications or intended to satisfy the Consumer’s personalised needs;
4. for the supply of Goods that are liable to deteriorate or expire rapidly;
5. for the supply of sealed Goods which are not suitable for return for health protection or hygiene reasons if they become unsealed after delivery;
6. for the supply of Goods which, after delivery, by their nature become inseparably mixed or combined with other items;
7. for the supply of alcoholic beverages whose price was agreed when the sales agreement was concluded, where delivery can only take place after 30 days and their value depends on market fluctuations beyond the entrepreneur’s control;
8. where the Consumer expressly requested a visit from the entrepreneur for the purpose of carrying out urgent repairs or maintenance; if, during such a visit, the entrepreneur provides services in addition to those specifically requested by the Consumer or supplies Goods other than replacement parts necessarily used in performing the maintenance or repairs, the Consumer retains the right of withdrawal in respect of those additional services or Goods;
9. for the supply of sealed audio or video recordings or sealed computer software if they become unsealed after delivery;
10. for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
11. concluded at a public auction;
12. for the provision of accommodation other than for residential purposes, transport of goods, car rental, catering, or services related to leisure activities, entertainment, sporting or cultural events, where the Agreement provides for a specific date or period of performance;
13. for the supply of digital content not supplied on a tangible medium for which the Consumer is required to pay a price, where the entrepreneur began performance with the Consumer’s express prior consent, the Consumer was informed before performance began that, once performance had been completed by the entrepreneur, the Consumer would lose the right of withdrawal 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.
14. for the provision of services for which the Consumer is required to pay a price, where the Consumer expressly requested the entrepreneur to visit for the purpose of carrying out repairs and the service has already been fully performed with the Consumer’s express prior consent.
StartUp will also correct the proof of purchase previously provided to the Customer (VAT correction invoice or correction specification).

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§ 12 Refund of Amounts Paid by the Customer

StartUp will refund funds within 14 (in words: fourteen) calendar days, using the same payment methods used by the Customer, unless the Customer expressly agrees to another refund method that does not entail any costs for the Customer, in the event of:

withdrawal from the Agreement in whole or in part (in which case the corresponding part of the price is refunded) where the order was paid for in advance before fulfilment;
acceptance of a complaint where it is impossible to repair damaged Goods, replace them with new Goods, or provide a Service / Digital Service in accordance with the Agreement;
recognition of the right to request a reduction in the Product price.

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§ 13 Newsletter

The Customer may consent to receiving commercial information, including commercial information by electronic means, by selecting the appropriate option in the registration form or through the Website. If such consent is given, the Customer will receive StartUp’s newsletter at the e-mail address provided.
The Customer may unsubscribe from the Newsletter at any time by notifying StartUp of the cancellation.

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§ 14 StartUp Contact Details

The Customer may contact StartUp:

by telephone at: 698 921 132;
by e-mail at: lutumursi.design@gmail.com

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§ 15 Final Provisions

StartUp informs the Customer that the use of electronically supplied services involves risks arising from the publicly accessible nature of the Internet, including
in particular the possibility that data transmitted by the Customer may be obtained or modified by unauthorised third parties. To minimise this risk, the Customer should use appropriate security measures, including
in particular antivirus software, up-to-date versions of web browsers and operating systems, and should avoid using open access points.
To the fullest extent permitted by law, StartUp is not liable for mail server administrators blocking messages sent to the e-mail address provided by the Customer, or for e-mail messages being deleted or blocked by software installed on the computer used by the Customer.
StartUp is not liable for the devices and infrastructure used by the Customer, including malfunction of public telecommunications networks resulting, for example, in lack of or disruption to access to the Website.
StartUp informs the Customer that the way Product images are displayed in the Customer’s ICT system while using the Website depends on a number of factors, including the type of display panel, aspect ratio, resolution, backlighting method, technologies used, performance of the control electronics and settings. Differences between the visualisation displayed in the Customer’s ICT system and the actual appearance of a Product cannot constitute grounds for a complaint.
StartUp informs users that all trademarks displayed on the Website (logos, brand names, etc.), graphic materials and photographs are legally protected and are used by StartUp solely for informational purposes.
To the fullest extent permitted by law, StartUp is not liable for disruptions, including interruptions, in the operation of the Website caused by force majeure, unlawful acts of third parties or incompatibility of the Website with the Customer’s technical infrastructure.
StartUp reserves the right to temporarily suspend operation of the Website, in particular for maintenance, development or modernisation work.
All names of Products offered on the Website are used for identification purposes and may be protected or registered under the provisions of the Industrial Property Law.
StartUp notes that the Website contains content protected by intellectual property law, in particular copyright-protected works (content published on the Website, graphic layout, graphics, photographs, etc.). Customers and visitors to the Website undertake to respect intellectual property rights (including economic copyrights and industrial property rights, such as rights arising from trademark registration) held by StartUp and third parties. The Customer or Website visitor bears sole responsibility for failure to comply with this provision.
The Customer may not post on the Website content that is unlawful, contrary to applicable law, immoral or infringes the interests of third parties, nor may the Customer publish links to pornographic, obscene or degrading materials.
The Customer must refrain from any activity that could affect the proper operation of the Website, including in particular any interference with the operation of the Website or its technical components.
StartUp undertakes to inform registered Customers of the Website of every amendment to these Terms and Conditions by sending an e-mail to the address provided during registration. Upon receiving such information, the Customer may delete the Account at any time. An amendment to these Terms and Conditions does not affect Agreements entered into before the amendment takes effect.
In matters not regulated by these Terms and Conditions, the applicable provisions of Polish law apply, including in particular:

the Civil Code Act of 23 April 1964;
the Act of 30 May 2014 on Consumer Rights;
the Act of 18 July 2002 on the Provision of Electronic Services.

Disputes relating to Agreements entered into under these Terms and Conditions will be resolved by the court having territorial jurisdiction over StartUp. This provision does not apply to Agreements entered into with Consumers.
A specific out-of-court dispute resolution method may be used only with the mutual consent of the Customer and StartUp. Detailed out-of-court dispute resolution procedures are available on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl, on the websites of Provincial Inspectorates of Trade Inspection, and from district (municipal) consumer ombudsmen.
These Terms and Conditions apply from: 1 August 2026.

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Notice on Out-of-Court Dispute Resolution

Pursuant to 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 consumer ODR), Fundacja Rozwoju Przedsiębiorczości “Twój Startup”, with its registered office in Warsaw, hereby provides an electronic link to the ODR (online dispute resolution) platform: https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court resolution of disputes between entrepreneurs
and consumers. Use of this dispute resolution method is voluntary.

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MODEL WITHDRAWAL FORM

COMPLAINT FORM TEMPLATE

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