Terms and Conditions (Regulations)

Table of Contents

§ 1 General provisions

1. The DGIM Studio online store operating at www.dgimstudio.com (hereinafter: the “Service”) is operated by: Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”, with its registered office in Warsaw, ul. Żurawia 6/12, unit 766, 00-503 Warsaw, address for service of documents: Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept 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: 521-364-12-11, REGON: 146433467, BDO: 000460502.

2. The provisions of these Terms and Conditions apply to activities performed for the benefit of Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” by an organized part of the enterprise named DGIM Studio operating within the Branch of Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”, represented by Ivan Mahileuchyk (e-mail: imogi@dgimstudio.com, tel.: +48 660 180 846). The person indicated in this paragraph is designated by Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” as the contact person for the implementation of these Terms and Conditions.

3. These Terms and Conditions specify in particular:
a) the rules for using the Service;
b) the conditions for placing orders for Products available in the Service;
c) the time and rules of order fulfilment;
d) the terms and forms of payment;
e) the Customer’s right to withdraw from the contract;
f) the rules for submitting and handling complaints;
g) special rights of the Customer who is a consumer.

4. StartUp sells Products and provides Services via the Service using distance communication means. Contracts concluded by the Customer with StartUp via the Service are distance contracts within the meaning of the Act of 30 May 2014 on Consumer Rights.

5. The Customer is entitled and obliged to use the Service in accordance with its purpose and with the principles of social coexistence and good manners.

6. Browsing the Service does not require registration, and placing orders for Products does not require creating an account.

7. These Terms and Conditions are available free of charge in the Service in a form that enables their acquisition, reproduction and recording.

8. The Customer is obliged to read the Terms and Conditions. Use of the Service is possible only after reading and accepting the Terms and Conditions.

9. A Customer may be a person having full legal capacity.

10. The terms used in the Terms and Conditions mean:
a) StartUp – Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” with its registered office in Warsaw, ul. Żurawia 6/12, unit 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 kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division under No. 0000442857, NIP: 521-364-12-11, REGON: 146-433-467, BDO: 000460502;
b) Customer – a person using the Service and purchasing Goods or Services provided by StartUp within the Service;
c) Consumer – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity;
d) Services – services provided by StartUp offered to Customers via the Service, excluding Digital Services;
e) Digital service – a digital service within the meaning of Art. 2(5a) of the Act of 30 May 2014 on Consumer Rights, provided by StartUp and offered to Customers via the Service;
f) Goods – movable items sold by StartUp to Customers via the Service;
g) Products – Goods, Services or Digital Services;
h) Service – the website at www.dgimstudio.com through which StartUp provides electronic services to the Customer, offers Products and enables concluding contracts;
i) Contract – a contract concluded between StartUp and the Customer via the Service;
j) Account – an individual Customer account in the Service enabling the use of Services and Digital Services and concluding Contracts after logging in;
k) Business days – all days excluding Saturdays, Sundays and public holidays;
l) Terms and Conditions – these Terms and Conditions.

11. If there is a justified suspicion that the Customer provided untrue data, StartUp has the right to refrain from performing the Contract, notifying the Customer thereof.

12. If the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, StartUp shall not be liable for non-delivery or delay in delivery of the Goods or failure to perform the Service or Digital Service to the broadest extent permitted by law.

13. Information contained in the Service, including announcements, advertisements and price lists, does not constitute an offer within the meaning of Art. 66 of the Act of 23 April 1964 – the Civil Code. The information in the Service constitutes an invitation to conclude a Contract as described in Art. 71 of the Civil Code.

14. StartUp is obliged to provide a Customer who is a Consumer, in a clear and visible manner directly before the Customer places an order, information in particular about:
a) the main characteristics of the performance, taking into account the subject matter of the performance and the method of communication with the Customer;
b) the total price or remuneration for the performance including taxes, and where the nature of the subject matter does not allow their amount to be reasonably calculated in advance – the manner in which they will be calculated, as well as transport, delivery, postal service and other costs, and where such charges cannot be determined – the obligation to pay them;
c) the right of withdrawal or the absence of such right;
d) the duration of the contract or the manner and grounds for termination – if the contract is concluded for an indefinite period or is to be automatically extended;
e) the minimum duration of the Customer’s obligations under the contract.

15. If StartUp provides for the possibility of accepting individual (custom) orders from Customers, such orders may be placed via StartUp’s e-mail address indicated in the Service. In such case, StartUp prepares a quotation and sends it to the e-mail address provided by the Customer.

16. The fulfilment time for an individual (custom) order is 30 days from the conclusion of the Contract, unless StartUp informed the Customer, at the latest before placing the order, of a different date.

17. The Service serves Customers worldwide, unless StartUp’s offer in the Service provides otherwise.

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§ 2 Technical requirements necessary to use the Service

1. To browse the Service, the following are necessary:
a) an end device with Internet access;
b) a web browser enabling acceptance of cookies; e.g., Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version;
c) acceptance of necessary cookies.

2. To use the Service functionalities, in particular registration in the Service or placing orders for Products, an active e-mail account is required.

3. The Service uses cookies for proper provision of Services and to ensure security. Blocking cookies or using external applications to block them may result in improper operation of the Service and may prevent proper performance of a Service, for which StartUp is not liable.

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§ 3 Sale of Goods – conditions and order fulfilment time

1. Via the Service, StartUp concludes sales contracts for Goods with Customers. Under a sales contract, StartUp undertakes to transfer ownership of the Goods to the Customer and deliver the Goods to them, and the Customer undertakes to accept the Goods and pay StartUp the price.

2. To place an order, the Customer selects the Goods of interest by using the “Add to cart” command (or an equivalent) on the Goods page, and then provides the data, delivery method and payment method.

3. The cart enables the Customer to:
a) add and remove Goods and their quantities;
b) indicate the address to which the Goods are to be delivered and provide the data necessary to issue an invoice;
c) choose the delivery method;
d) choose the payment method;
e) add a discount code (if applicable).

4. The Customer places an order by confirming it using a button marked “order with obligation to pay” or another equivalent wording.

5. Placing and confirming an order creates the obligation to pay the price of the Goods and delivery costs. Order confirmation by StartUp constitutes the conclusion of the sales contract between StartUp and the Customer.

6. Shipment of the purchased Goods is carried out within 30 business days from the moment the payment is confirmed on StartUp’s bank account, unless these Terms and Conditions provide otherwise or StartUp informed the Customer directly before placing the order of a different deadline.

7. Goods purchased in the Service are shipped to the address provided by the Customer.

8. Orders may be placed via the Service 24 (twenty-four) hours a day, 7 (seven) days a week. Orders placed on Saturdays, Sundays or public holidays are processed on the next business day.

9. If only part of an order can be fulfilled, StartUp may, before confirming the order, propose to the Customer:
a) cancellation of the entire order (if the Customer chooses this option, StartUp is released from the obligation to fulfil the order);
b) cancellation of the part of the order which cannot be fulfilled within the specified time (if chosen, the order will be fulfilled in part and StartUp is released from performance of the remaining part);
c) performance of a substitute benefit to be agreed with the Customer; once approved by the Customer, it is treated as final;
d) splitting the order and setting a new fulfilment date for the part that cannot be fulfilled on time (if chosen, the Goods will be shipped in several separate parcels and the Customer will bear additional costs related to splitting the order).

10. If the ordered Goods are unavailable or the order cannot be fulfilled for other reasons, StartUp will inform the Customer by e-mail within 7 (seven) days from the conclusion of the Contract.

11. If payment for Goods that cannot be delivered in whole or in part was made in advance, StartUp will refund the paid amount (or the difference) within 14 (fourteen) days from the conclusion of the Contract, under the rules specified in these Terms and Conditions.

12. StartUp may provide, for a given Good, information on the number of business days within which the parcel will be dispatched. This is the time counted from order confirmation to shipment. The fulfilment time is stated taking into account the time required to complete all ordered Goods.

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

1. This paragraph applies, pursuant to Chapter 5a of the Act of 30 May 2014 on Consumer Rights, to StartUp’s liability for non-conformity of Goods with a Contract concluded with:
a) a Consumer; or
b) a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person, in particular as resulting from the subject of their business activity disclosed under the rules on the Central Register and Information on Business Activity.

2. StartUp undertakes that the offered Goods are free from physical and legal defects.

3. The Customer has the right to submit a complaint in the event of non-conformity of Goods with the Contract.

4. The Customer submits a complaint in written or documentary form to StartUp’s e-mail address.

5. A complaint regarding defective Goods may include one of the following requests:
a) repair of the Goods;
b) replacement of the Goods.

6. If the Goods are non-conforming with the Contract, the Customer may submit a statement on price reduction or withdrawal from the contract when:
a) StartUp refused to bring the Goods into conformity with the contract pursuant to Art. 43d(2) of the Act of 30 May 2014 on Consumer Rights;
b) StartUp did not bring the Goods into conformity with the contract pursuant to Art. 43d(4-6) of the Act of 30 May 2014 on Consumer Rights;
c) the non-conformity persists despite StartUp’s attempt to bring the Goods into conformity;
d) the non-conformity is significant enough to justify a price reduction or withdrawal without first using the remedies in Art. 43d of the Act of 30 May 2014 on Consumer Rights;
e) it clearly follows from StartUp’s statement or circumstances that it will not bring the Goods into conformity within a reasonable time or without excessive inconvenience for the consumer.

7. A complaint regarding defects in Goods will be processed within 14 (fourteen) days of receipt.

8. If StartUp does not respond within the above time limit, the complaint is deemed accepted.

9. StartUp informs the Customer of the outcome of the complaint handling on paper or another durable medium.

10. If the complaint regarding the Goods is accepted, StartUp – depending on the Customer’s request – repairs the Goods, replaces the Goods, reduces the price or refunds the entire amount paid by the Customer due to withdrawal from the Contract.

11. StartUp refunds the due amount using the same payment method as used by the Customer, unless the Customer expressly agrees to another refund method that does not entail any costs for them. StartUp issues a correction of the proof of purchase (VAT corrective invoice or corrective specification).

12. StartUp’s liability is limited to the value of the Goods covered by the Contract. StartUp’s liability for damage caused by non-performance or improper performance of a digital service or failure to supply digital content does not include lost profits.

13. In matters not regulated herein, applicable provisions of generally binding law apply, in particular the Act on Consumer Rights and the Civil Code.

14. StartUp’s liability for defects of Goods, Services and Digital Services is excluded for contracts concluded for the benefit of a Customer who is not:
a) a Consumer;
b) a natural person concluding with StartUp a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person.

15. Goods offered by StartUp may be covered by the manufacturer’s warranty. The warranty is exercised under the terms set out in the warranty statement. StartUp does not provide its own warranty for the offered Goods.

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§ 5 Provision of Services

1. StartUp provides Services to Customers, the type, scope and detailed description of which are indicated in the Service.

2. Services are provided in the manner indicated in the Service, in particular on the page relating to a given Service.

3. StartUp provides in the Service information on how the Customer places an order for Services. To place an order, the Customer selects the Services of interest and then provides the data necessary to conclude the Contract and perform the Service, including specifying the manner of Service performance (if applicable) and the payment method.

4. If a button or similar function is used to place an order in the Service, it is marked in an easily readable manner with the words “order with obligation to pay” or another equivalent unambiguous expression.

5. Placing and confirming an order entails the obligation to pay the remuneration for the Services and any additional costs. Confirmation of the order by StartUp constitutes the conclusion of the service contract between StartUp and the Customer.

6. The Customer is informed about the start and end date of the Services before concluding the Contract, in particular via the Service.

7. If, at the Customer’s explicit request, performance of the Service is to begin before the expiry of the withdrawal period for an off-premises contract, StartUp requires the Customer to submit a statement:
a) containing such explicit request on a durable medium;
b) confirming that they have been informed about the loss of the right of withdrawal upon full performance by StartUp.

8. If the Customer does not consent to starting performance of the Service before the withdrawal period expires, the Service will be provided after the withdrawal period, unless StartUp does not offer the option to conclude Contracts without such consent.

9. The Customer may terminate the Service Contract in written or documentary form with 1 (one) month’s notice effective at the end of the calendar month.

10. StartUp may terminate the Service Contract in written or documentary form with 1 (one) month’s notice effective at the end of the calendar month for important reasons. The parties recognize as important reasons:
a) cessation or a decision by StartUp to cease the operation of the organized part of the enterprise indicated in § 1;
b) a significant change or a decision to significantly change the scope of activity of the organized part of the enterprise indicated in § 1;
c) a significant reorganization in StartUp’s enterprise;
d) a failure or impediments (in particular technical) not attributable to StartUp that prevent or significantly hinder the provision of Services to the Customer;
e) delay by the Customer in paying remuneration to StartUp;
f) a material breach of the Contract or the Terms and Conditions by the Customer.

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§ 6 Liability for non-conformity of Services with the Contract

1. A complaint concerning Services provided inconsistently with the Contract should include a request appropriate to the nature of the Service.

2. A complaint regarding non-conformity of a Service with the Contract will be processed within 14 (fourteen) days of receipt.

3. If StartUp does not respond within the time limit, the complaint is deemed accepted.

4. StartUp informs the Customer of the outcome on paper or another durable medium.

5. If the complaint regarding a Service is accepted, StartUp provides the Service properly, refunds all or part of the remuneration received, or provides other benefits to the Customer, depending on the type of Service and the circumstances.

6. StartUp’s liability is limited to the value of the unperformed or improperly performed Service. Liability for damage caused by non-performance or improper performance of the Service does not include lost profits.

7. StartUp’s liability for defects of Services and non-performance / improper performance of a contract is excluded for contracts concluded for a Customer who is not:
a) a Consumer;
b) a natural person concluding with StartUp a contract directly related to their business activity, where the content indicates that it is not of a professional nature for that person.

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§ 7 Contracts for the supply of digital content or a digital service

1. This paragraph and the next paragraph apply, pursuant to Chapter 5b of the Act of 30 May 2014 on Consumer Rights, to contracts for the supply of digital content or a Digital Service concluded with:
a) a Consumer; or
b) a natural person concluding a contract directly related to their business activity, where the content indicates that it is not of a professional nature for that person.

2. StartUp provides in the Service information on how the Customer places orders for Digital Services. To place an order, the Customer selects the Digital Services of interest and provides the data necessary to conclude the Contract and perform the Digital Service, including specifying the manner of performance (if applicable) and the payment method.

3. If a button or similar function is used to place an order in the Service, it is marked in an easily readable manner with the words “order with obligation to pay” or another equivalent unambiguous expression.

4. Placing and confirming an order entails the obligation to pay the remuneration for Digital Services and any additional costs. Confirmation of the order by StartUp constitutes the conclusion of the Digital Services contract with the Customer.

5. StartUp supplies digital content or a digital service to the Customer immediately after the conclusion of the Contract, unless the parties agreed otherwise, in particular if a different date is indicated in the Service on the page of the given Digital Service. This does not apply if the contract provides for supply of digital content on a tangible medium. If the Customer does not consent to performance before the withdrawal period expires, the service is supplied after that period.

6. StartUp informs that giving the consent referred to in the preceding paragraph results in the loss of the Customer’s right of withdrawal from the contract.

7. For important reasons, StartUp may change the digital content or the digital service that is not necessary to maintain its conformity with the Contract. Important reasons include, in particular, the important interest of the Customer or StartUp. StartUp informs the Customer in a clear and understandable manner about the change. If the change significantly and negatively affects the Customer’s access to or use of the digital content or the digital service, StartUp is obliged to inform the Customer, on a durable medium, about the properties and date of the change and about the Customer’s right to terminate the contract immediately (without notice). The Customer may terminate the contract within 30 days from the date of receipt of the information about the change or from the moment the change was made – whichever is later.

8. The Customer may terminate the contract for the supply of digital content or Digital Services in written or documentary form with 1 (one) month’s notice effective at the end of the calendar month.

9. StartUp may terminate such contract in written or documentary form with 1 (one) month’s notice effective at the end of the calendar month for important reasons. The parties recognize as important reasons:
a) cessation or a decision by StartUp to cease operation of the organized part of the enterprise indicated in § 1;
b) a significant change or a decision to significantly change the scope of activity of the organized part indicated in § 1;
c) a significant reorganization in StartUp’s enterprise;
d) a failure or significant impediments (in particular technical) in the functioning of the Service not attributable to StartUp;
e) delay by the Customer in paying remuneration to StartUp;
f) a material breach of the Contract or the Terms and Conditions by the Customer.

10. In matters not regulated in this paragraph, the provisions of Chapter 5b of the Act on Consumer Rights shall apply.

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§ 7a License Agreement and Digital Products

1. Digital Products offered by StartUp are provided under license terms, unless expressly stated otherwise in an individual agreement. The purchase of a Digital Product does not automatically constitute a transfer of ownership or intellectual property rights, unless such transfer is expressly provided for in the applicable License Agreement or a separate written agreement between StartUp and the Customer.

2. The scope, type and legal nature of the rights granted to the Customer in relation to Digital Products are governed by a separate License Agreement, available on the Website. The License Agreement constitutes an integral part of the Contract concluded between StartUp and the Customer and prevails over these Regulations in matters concerning intellectual property rights and permitted use of Digital Products.

3. Depending on the selected offer or the nature of the order, the Customer may be granted:
a) a non-exclusive license;
b) an exclusive license; or
c) a transfer of copyrights or other intellectual property rights,
in each case solely to the extent and under the conditions expressly specified in the applicable License Agreement or individual agreement.

4. Unless the License Agreement or an individual agreement expressly provides for the transfer of copyrights or other intellectual property rights, all copyrights, related rights and industrial property rights to the Digital Products remain the exclusive property of StartUp or its licensors.

5. Digital Products are delivered electronically, unless the description of a given Product provides otherwise. Delivery may take place in particular by:
a) providing the Customer with a downloadable file (e.g. PDF);
b) providing the Customer with an electronic message containing a link to an external file storage service (e.g. Google Drive), from which the Digital Product may be downloaded.

6. Due to the large size of certain Digital Products, StartUp may provide access to Digital Products via external file hosting services. Providing the Customer with an active download link shall be deemed proper and complete performance of StartUp’s obligations under the Contract.

7. The moment of delivery of the Digital Product shall be deemed to be the moment when:
a) the Digital Product is made available for download;
b) the download link is sent to the Customer’s e-mail address; or
c) access to the Digital Product is otherwise granted to the Customer,
whichever occurs first.

8. The Customer is obliged to download and securely store the Digital Product after delivery. StartUp is not obliged to provide repeated access to the Digital Product after delivery, unless expressly stated otherwise in the Product description, License Agreement or individual agreement.

9. StartUp shall not be liable for the Customer’s inability to download or use the Digital Product resulting from:
a) incompatibility of the Customer’s hardware or software;
b) loss of access to the Customer’s e-mail account;
c) deletion or loss of files by the Customer;
d) expiration of the download link, provided that the link remained active for a reasonable period of time.

10. Any use of Digital Products beyond the scope of the rights granted under the applicable License Agreement or individual agreement constitutes a material breach of the Contract and may result in termination of the granted rights and legal liability.

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

1. If StartUp has not supplied the digital content or digital service, the Customer requests that it be supplied. If StartUp does not supply it immediately or within an additional period expressly agreed by the parties, the Customer may withdraw from the contract. This does not apply if the contract provides for supply of digital content on a tangible medium.

2. StartUp is liable for non-conformity with the contract of digital content or a digital service supplied:
a) once or in parts – that existed at the time of supply and became apparent within two years of that time;
b) continuously – that occurred or became apparent during the period in which, according to the contract, they were to be supplied.

3. If digital content or a digital service is non-conforming with the contract, the Customer may request that it be brought into conformity with the contract.

4. StartUp may refuse to bring digital content or a digital service into conformity if it is impossible or would require excessive costs for StartUp.

5. If digital content or a digital service is non-conforming with the contract, the Customer may submit a statement on price reduction or withdrawal when:
a) bringing into conformity is impossible or requires excessive costs pursuant to Art. 43m(2) and (3) of the Act on Consumer Rights;
b) StartUp did not bring it into conformity pursuant to Art. 43m(4) of the Act on Consumer Rights;
c) the non-conformity persists despite StartUp’s attempt to bring it into conformity;
d) the non-conformity is significant enough to justify a price reduction or withdrawal without first using the remedy in Art. 43m of the Act on Consumer Rights;
e) it clearly follows from StartUp’s statement or circumstances that it will not bring it into conformity within a reasonable time or without excessive inconvenience for the Customer.

6. The reduced price must remain in the same proportion to the contract price as the value of the non-conforming digital content or digital service remains to the value of the conforming one. If the contract provides for supply in parts or continuously, the reduction should account for the time during which it was non-conforming.

7. The Customer may not withdraw from the contract if digital content or a digital service is supplied in exchange for payment of a price and the non-conformity is insignificant.

8. In the event of withdrawal, StartUp may request the return of the tangible medium on which it supplied the digital content within 14 days of receiving the Customer’s statement of withdrawal. The Customer returns the medium immediately.

9. In the event of withdrawal, StartUp is obliged to refund the price only in the part corresponding to the non-conforming digital content or digital service and to the part whose supply obligation ceased due to withdrawal.

10. StartUp refunds the price using the same payment method as used by the Customer, unless the Customer expressly agrees to another method that does not entail any costs for them.

11. StartUp’s liability is limited to the value of the digital content or Digital Service to be supplied. 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.

12. A complaint regarding non-conformity of a Digital Service with the Contract will be processed within 14 (fourteen) days of receipt.

13. If StartUp does not respond within the time limit, the complaint is deemed accepted.

14. StartUp informs the Customer of the outcome on paper or another durable medium.

15. StartUp’s liability for non-conformity of digital content or a Digital Service with the contract, and for non-performance / improper performance of the Contract, is excluded for contracts concluded with a Customer who is not:
a) a Consumer;
b) a natural person concluding with StartUp a contract directly related to their business activity, where the content indicates that it is not of a professional nature for that person.

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§ 9 Product prices and delivery costs

1. Prices displayed next to Products offered in the Service are gross prices, i.e., they include value added tax (VAT). Prices are given in United States dollars (USD).

2. The price shown next to a Product does not include shipping costs.

3. Shipping costs are borne by the Customer unless StartUp’s offer in the Service provides otherwise.

4. The total amount payable by the Customer for the selected Product consists of the Product price and the delivery cost.

5. If StartUp does not specify otherwise on the Product page or during checkout, delivery methods are as follows:
a) for Goods – shipment to the address provided by the Customer or personal pickup at StartUp’s premises;
b) for Digital Services – to the e-mail address provided by the Customer;
c) for other Services – in the manner specified in the Service on the relevant Service page or during the ordering process, in particular depending on the type of Service.

6. StartUp provides clear information, at the latest at the beginning of the ordering process, about any restrictions regarding delivery of the Product.

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§ 10 Payment methods

1. StartUp provides clear information, at the latest at the beginning of the ordering process, about accepted payment methods.

2. If StartUp does not specify otherwise on the Product page or during checkout, the Customer pays using one of the following methods:
a) transfer using one of the electronic payment systems accepted by StartUp, enabling fast payments;
b) standard bank transfer to the account indicated by StartUp.

3. To use an electronic payment system, the Customer must accept the terms and conditions of that system. The list of available payment systems is shown during checkout.

4. In the event of withdrawal, the refund is made using the same method as the Customer’s payment, unless the Customer expressly agrees to another method that entails no costs for them.

5. StartUp does not allow cash payments.

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§ 11 Right of withdrawal from the contract

1. This paragraph applies to a Customer who is a Consumer or to a natural person concluding with StartUp a contract directly related to their business activity where the content indicates that it is not of a professional nature for that person.

2. The Customer referred to in para. 1 has the right to withdraw from the Contract without giving reasons and without incurring costs, unless generally applicable law or these Terms and Conditions provide otherwise. A Contract from which the Customer has withdrawn is deemed not concluded.

3. It is sufficient to submit a statement of withdrawal and send it to StartUp within 14 (fourteen) days.

4. The withdrawal period begins:
a) for a Contract under which StartUp delivers Goods and transfers ownership – from the moment the Customer or a third party indicated by them (other than the carrier) takes possession of the Goods; and for a Contract which:
• covers multiple Goods delivered separately, in batches or in parts – from taking possession of the last Good, batch or part;
• consists in regular delivery of Goods for a fixed period – from taking possession of the first of the Goods;
b) for other Contracts – from the date of conclusion of the Contract.

5. To meet the withdrawal deadline it is sufficient to:
a) send a written statement to the StartUp address indicated in the Terms and Conditions or the Service; or
b) send a statement in documentary form to StartUp’s e-mail address indicated in the Terms and Conditions or the Service.

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

7. In the event of withdrawal, the Customer must return the purchased Product immediately, no later than within 14 (fourteen) days from withdrawal, unless StartUp offered to collect the Goods itself. It is sufficient to send the Goods back before the deadline. Return shipping costs are borne by the Customer.

8. In the event of withdrawal, StartUp must refund the amount paid for the Product and the cost of delivery to the Customer within no more than 14 (fourteen) days from receiving the withdrawal statement. However, if the Customer chose a delivery method other than the cheapest method offered for the order, StartUp is not obliged to refund the additional costs.

9. StartUp refunds payments using the same method as used by the Customer, unless the Customer agrees with StartUp on another method that entails no costs for the Customer.

10. StartUp may withhold the refund until it receives the Product back or the Customer provides evidence of having sent it back, whichever occurs earlier.

11. If the Customer sent a withdrawal statement before receiving order confirmation from StartUp, the order is cancelled.

12. The Customer is liable for any diminished value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

13. The right of withdrawal does not apply in the cases provided for in the Act of 30 May 2014 on Consumer Rights, in particular for contracts:
a) for services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the consumer’s express prior consent, having informed the consumer before performance that they would lose the right of withdrawal upon full performance, and the consumer acknowledged this;
b) where the price depends on financial market fluctuations beyond the entrepreneur’s control that may occur before the withdrawal period expires;
c) for non-prefabricated goods made to the consumer’s specifications or serving the consumer’s individualized needs;
d) for goods that deteriorate quickly or have a short shelf life;
e) for goods delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons if opened after delivery;
f) for goods which, after delivery, are inseparably mixed with other items due to their nature;
g) for alcoholic beverages the price of which was agreed at conclusion and delivery can occur only after 30 days and whose value depends on market fluctuations beyond the entrepreneur’s control;
h) where the consumer expressly requested the entrepreneur to visit them for urgent repair or maintenance; if the entrepreneur provides additional services beyond those requested or supplies goods other than necessary spare parts, the right of withdrawal applies to those additional services or goods;
i) for sound or visual recordings or computer programs supplied in sealed packaging, if the packaging was opened after delivery;
j) for delivery of newspapers, periodicals or magazines, except subscription contracts;
k) concluded by public auction;
l) for services of accommodation other than for residential purposes, carriage of goods, car rental, catering, leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
m) for supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur began performance with the consumer’s express prior consent and informed the consumer that they would lose the right of withdrawal upon performance, and the consumer acknowledged this, and the entrepreneur provided the required confirmation under Art. 15(1)-(2) or Art. 21(1) of the Act on Consumer Rights;
n) for services for which the consumer is obliged to pay the price, where the consumer expressly requested the entrepreneur to visit them for repair and the service has already been fully performed with the consumer’s express prior consent.

14. StartUp will also correct the proof of purchase previously provided to the Customer (VAT corrective invoice or corrective specification).

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§ 12 Refund of amounts paid by the Customer

StartUp will refund funds within 14 (fourteen) calendar days using the same payment methods as used by the Customer, unless the Customer expressly agrees to another refund method that entails no costs for them, in the case of:
a) withdrawal from the contract in whole or in part (in which case the corresponding part of the price is refunded) for an order paid in advance before fulfilment;
b) acceptance of a complaint and inability to repair damaged Goods or replace them with new ones, or inability to provide the Service / Digital Service in accordance with the contract;
c) recognition of the right to a price reduction for the Product.

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§ 13 Newsletter

1. The Customer may consent to receive commercial information, including commercial information by electronic means, by selecting the relevant option in the registration form or via the Service. If such consent is given, the Customer will receive StartUp’s newsletter to the e-mail address provided.

2. The Customer may unsubscribe from the Newsletter at any time by notifying StartUp of the resignation.

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§ 14 StartUp contact details

The Customer may contact StartUp:
1) by phone at: +48 660 180 846;
2) by e-mail at: imogi@dgimstudio.com

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§ 15 Final provisions

1. StartUp informs that using services provided electronically involves risks arising from the public nature of the Internet, including in particular the possibility of obtaining or modifying the Customer’s transmitted data by unauthorized third parties. To minimize this risk, the Customer should use appropriate security measures, including in particular antivirus software, up-to-date web browsers and operating systems, and should avoid using open access points.

2. To the broadest extent permitted by law, StartUp is not liable for blocking of messages by mail server administrators sent to the Customer’s e-mail address, or for deletion and blocking of e-mails by software installed on the Customer’s computer.

3. StartUp is not liable for devices and infrastructure used by the Customer, including defective operation of public ICT networks causing, e.g., lack of or disruptions in access to the Service website.

4. StartUp informs that the display of Product visualizations in the Customer’s ICT system when using the Service depends on many factors, including the type of display matrix, proportions, resolution, backlight method, technologies used, efficiency of control electronics and settings. Differences between the visualization and the actual appearance of the Product may not constitute grounds for a complaint.

5. StartUp informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials or photos posted in the Service are legally protected and are used by StartUp solely for informational purposes.

6. To the broadest extent permitted by law, StartUp is not liable for disruptions, including breaks, in the functioning of the Service caused by force majeure, unlawful actions of third parties or incompatibility of the Service with the Customer’s technical infrastructure.

7. StartUp reserves the right to temporarily suspend operation of the Service, in particular to carry out maintenance, development or modernization works.

8. All Product names offered in the Service are used for identification purposes and may be protected or reserved under the Industrial Property Law.

9. StartUp notes that the Service contains content protected by intellectual property law, in particular works protected by copyright (content posted in the Service, graphic layout, graphics, photos, etc.). Customers and visitors undertake to respect intellectual property rights (including economic copyrights and industrial property rights such as trademark rights) belonging to StartUp and third parties. The Customer or visitor bears sole responsibility for non-compliance with this point.

10. The Customer may not post in the Service unlawful content, content inconsistent with applicable law, immoral content or content infringing the rights of third parties; nor may the Customer publish links to pornographic, obscene materials or materials offending the dignity of others.

11. 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.

12. StartUp undertakes to inform registered Customers of any changes to the Terms and Conditions by sending an electronic message to the e-mail address provided upon registration, and the Customer may delete their Account at any time after receiving such information. The change does not affect Contracts concluded before the date the changes enter into force.

13. In matters not regulated herein, applicable provisions of Polish law apply, including in particular:
1) the Act of 23 April 1964 – the Civil Code;
2) the Act of 30 May 2014 on Consumer Rights;
3) the Act of 18 July 2002 on providing services by electronic means.

14. Disputes related to Contracts concluded under these Terms and Conditions will be resolved by the court having territorial jurisdiction over StartUp. This does not apply to Contracts concluded with a Consumer.

15. Use of a specific out-of-court dispute resolution method is possible only with the mutual consent of the Customer and StartUp. Detailed procedures are available on the website of the Office of Competition and Consumer Protection (UOKiK), on the websites of the Provincial Inspectorates of the Trade Inspection, and from county (municipal) consumer ombudsmen.

16. These Terms and Conditions are effective as of: 01.10.01 20253.

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 (ODR Regulation), 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. Dispute resolution via this method is voluntary.

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MODEL WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)
………………………………………………
(First and last name of the person submitting the form)
………………………………………………
………………………………………………
(address of the person submitting the form)

Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”
Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw
Address for service:
Starowiejska 65C/28, Gdańsk, 80-534

WITHDRAWAL FROM THE CONTRACT
I, the undersigned, hereby withdraw from the following contract:
1. Date of conclusion of the contract: __________________________
2. Contract / order number: ____________________________________
3. Subject of the contract: _____________________________________

……………………………
Customer’s signature
Date: ………………………….

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MODEL COMPLAINT FORM

(this form should be completed and returned only if you wish to submit a complaint)
………………………………………………
(First and last name of the person submitting the form)
………………………………………………
………………………………………………
(address of the person submitting the form)

Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”
Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw
Address for service:
Starowiejska 65C/28, Gdańsk, 80-534

COMPLAINT
I, the undersigned, hereby submit a complaint regarding the contract / order dated ...............................……………. No. ………………………………………., the subject of which was:
______________________________________________________________
Reason for the complaint:
______________________________________________________________
(please describe the reason for the complaint)
Therefore, I request: …………………………………………

……………………………
Customer’s signature
Date: ………………………….

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