Terms of service

OVERVIEW
Welcome to the Big Brain Trust store. The terms “we,” “us,” and “our” refer to the Big Brain Trust store. Big Brain Trust operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you with a tailored shopping experience (the “Services”). The Big Brain Trust store is powered by Shopify technology, which enables us to offer the Services to you. 

The following terms, together with the policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they may contain important information about your rights and may address topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you accept these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are the age of majority in your state or region of residence and you consent to any minors under your care using the Services on devices that you own, manage, or purchase.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, we may ask you to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our stores is accurate, current, and complete and that you have all rights necessary to provide it.
You are solely responsible for keeping your account credentials secure and for all activity under your account. You may not assign, sell, transfer, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. However, please note that product colors and appearance may differ from what is shown on your device screen depending on the type of device you use to access the store and your device’s settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or match the presentation in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or country, as applicable.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Big Brain Trust reserves the right to accept or reject your order for any reason and at its sole discretion. Your order will not be accepted until Big Brain Trust confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as Big Brain Trust may not accommodate cancellation requests once an order has been accepted. If an order is rejected, changed, or canceled, we will notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases may be returned or exchanged only in accordance with our Return Policy [LINK].
You represent and warrant that you are purchasing for personal use only and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores or online or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are subject to terms separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use the credit card for purchases; (iii) charges incurred will be honored by your credit card provider; and (iv) you will pay all charges incurred at the prices in effect, including shipping and handling charges and any applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Title and risk of loss pass to you upon our delivery of the products to the carrier.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, and their design, selection, and arrangement, are owned by Big Brain Trust, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material relating to the Services without prior written consent. Unless these Terms expressly state otherwise, nothing in these Terms grants, or should be construed as granting, you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of Big Brain Trust, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by Big Brain Trust.
The Big Brain Trust name, logo, product and service names, designs, slogans, and store name are trademarks of Big Brain Trust or its affiliates or licensors. You must not use such trademarks without prior written permission from Big Brain Trust. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide you with access to third-party customer tools as part of the Services that we do not monitor and over which we have no control.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, conditions, or endorsements. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the website is at your own risk and discretion. You should review and accept the terms provided by the relevant third party.
We may also, in the future, offer new features through our Services (including new tools and resources). Such new features will also be considered part of the Services and subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may include materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you choose to leave our Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or the purchase or use of any products, services, materials, or content on third-party websites. Please carefully review third-party policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Big Brain Trust store is powered by Shopify technology, which allows us to provide the Services to you. However, all sales and purchases made in our Store are conducted directly by Big Brain Trust. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and Big Brain Trust, including any injury, damage, or loss resulting from the purchase of products or services. You expressly release Shopify and Shopify’s affiliates from any and all claims, damages, and liabilities arising from or related to purchases and transactions conducted in the Big Brain Trust store. 

SECTION 10 — PRIVACY POLICY

Any personal information we collect through the Services is subject to our Privacy Policy, which can be accessed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be accessed here. By using the Services, you acknowledge that you have reviewed these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside in order to provide services to you. Please review our Privacy Policy [LINK] for more details about how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, copy, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that (i) you own or otherwise have all necessary rights to any Feedback; (ii) any compensation or incentives received in connection with providing Feedback have been disclosed by you; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or violates any party’s intellectual property rights or these Terms of Service.
You acknowledge that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You further acknowledge that your Feedback does not contain defamatory, unlawful, abusive, or obscene material, nor does it contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no liability for Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, local, or state laws, rules, regulations, or ordinances; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit materials that do not comply with these Terms; (g) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (h) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or similar solicitation; (i) to impersonate or attempt to impersonate any person or entity; or (j) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm Big Brain Trust, Shopify, or users of the Services or expose them to liability.
Additionally, you agree: (a) not to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) not to collect or track the personal information of others; (d) not to spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) not to interfere with or circumvent the security features of the Services or any related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, for any violation of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or block your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 — DISCLAIMER

Information presented in or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS BIG BRAIN TRUST EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIG BRAIN TRUST, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THE SHOPIFY PLATFORM AND ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Big Brain Trust, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.
We will notify you of any indemnifiable claims, provided that a failure to provide prompt notice does not relieve you of your obligations unless you are materially prejudiced. We may assume control of the defense and settlement of such claim at your expense (including selection of counsel), but we will not settle any claim involving non-monetary obligations without your consent (not to be unreasonably withheld). You agree to cooperate with us in the defense of indemnification claims, including providing relevant documents.

SECTION 18 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, without limitation, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or local laws of the country where Big Brain Trust is headquartered. You agree, together with Big Brain Trust, to submit to the jurisdiction of such courts.

SECTION 22 — HEADINGS

Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms as required by applicable law. Such changes will take effect on the date specified in the notice. Your continued use of the Services after such changes are posted constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at karol@bigbraintrust.org. 
Responsible entities:

Big Brain Trust Karol Wyszyński,
NIP 966 182 1164
karol@bigbraintrust.org

GF Darwin Foundation,
KRS 0001162626
NIP 5243034355
karol@gfdarwin.pl 
Michała Kleofasa Ogińskiego 11 / 9, 03-318 Warsaw, Poland

Online Store Terms and Conditions 

§ 1 Preliminary provisions 

  1. The Big Brain Trust online store available at bigbraintrust.store is operated by Big Brain Trust Karol Wyszyński and the GF Darwin Foundation.

  2. These Terms and Conditions are addressed to Consumers and set out the rules and procedure for concluding a distance Sales Agreement with a Consumer via the Store.  

§ 2 Definitions 

  1. Consumer – a natural person who concludes an agreement with the Seller within the Store, the subject of which is not directly related to that person’s business or professional activity.  

  2. Seller – the store owner, email address: karol@bigbraintrust.org  

  3. Customer – any entity making purchases via the Store. 

  4. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to which a separate law grants legal capacity, conducting business activity in its own name and using the Store. 

  5. Store – the online store operated by the Seller at www.bigbraintrust.store

  6. Distance contract – a contract concluded with the Customer within an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment the contract is concluded. 

  7. Terms and Conditions – these Store terms and conditions. 

  8. Order – the Customer’s declaration of intent submitted using the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller. 

  9. Account – the customer’s account in the Store, where the data provided by the Customer and information about Orders placed are stored. 

  10. Registration form – the form available in the Store enabling creation of an Account. 

  11. Order form – an interactive form available in the Store enabling an Order to be placed, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods. 

  12. Cart – a component of the Store software where the Products selected by the Customer are visible, and where the Order details can be established and modified, in particular the quantities of products. 

  13. Product – a movable item/service available in the Store and the subject of a Sales Agreement between the Customer and the Seller. 

  14. Sales Agreement – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the online Store. A Sales Agreement also includes—depending on the characteristics of the Product—a contract for the provision of services and a contract for specific work. 

§ 3 Technical requirements 

To use the Store, including browsing the Store assortment and placing Orders for Products, you need: 

  • an end device with Internet access and a web browser (phone, computer, tablet); 

  • an active email account; 

  • cookies enabled; 

  • the latest version of a web browser installed; 

  • JavaScript enabled. 

§ 4 General information 

The Seller shall not be liable, to the fullest extent permitted by law, for disruptions, including interruptions in the Store’s operation, caused by force majeure, unlawful actions of third parties, or incompatibility of the Store with the Customer’s technical infrastructure.  
Browsing the Store’s assortment does not require creating an Account. Placing Orders is possible either after creating an Account pursuant to § 5 of the Terms and Conditions or by providing the necessary personal and address data to fulfill the Order without creating an Account.  
Prices shown in the Store are in Polish zloty and are gross prices (including VAT). 

§ 5 Creating an Account in the Store 

To create an Account, fill in the Registration Form. The following data is required: First name, Last name, Email address, Password. 
Creating an Account is free of charge. 
Logging into the Account is done by entering the login and password set in the Registration Form. 
The Customer may delete the Account at any time, without giving reasons and without any fees, by submitting an appropriate request to the Seller, in particular by email or in writing to the addresses specified in § 2. 

§ 6 Rules for placing an Order 

To place an Order you must:  

  • log into the Store (optional); 

  • select the Product and click “Add to cart”; 

  • log in or place an Order without registration; 

  • if placing an Order without registration, complete the Order Form by entering the recipient’s details and the delivery address, select the type of shipment (delivery method), enter invoice details if different from the recipient’s details; 

  • click “Order and pay”; 

  • choose a payment method and, depending on the chosen method, pay within the specified time, subject to § 7(3). 

§ 7 Delivery and payment methods offered 

  1. The Customer may use the following delivery/collection methods: 

  • InPost Parcel Locker

  • InPost courier delivery

  • DPD courier delivery

  1. The Customer may use the following payment methods: 

  • PayPal

  • Klarna

  • BLIK

  • Instant bank transfer

  • Google Pay

  1. Detailed information about delivery methods and accepted payment methods is available on the Store’s website. 

§ 8 Performance of the sales agreement 

  1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the online Store in accordance with § 6 of the Terms and Conditions. 

  2. After placing an Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt and acceptance is sent by the Seller to the Customer by email to the address provided during the Order process and includes at least the Seller’s statement confirming receipt and acceptance and confirmation of the Sales Agreement. Upon the Customer’s receipt of this email, the Sales Agreement is concluded. 

  3. If the Customer chooses bank transfer, electronic payment, or payment card, the Customer is required to pay within 1 calendar day from the date the Sales Agreement is concluded; otherwise, the order will be canceled. 

  4. If the Customer chose a delivery method other than personal collection, the Product will be shipped by the Seller within the timeframe indicated in the Product description (subject to section 5 of this paragraph) using the method chosen during the Order process.  
    5.1 If Products have different delivery times, the longest stated delivery time applies. 
    5.2 If Products have different delivery times, the Customer may request partial deliveries or delivery of all Products after the entire order is completed. 
    The delivery period begins as follows: 

  • For bank transfer/electronic/card payments: from the date the Seller’s bank account is credited. 

  1. If the Customer selects personal collection, the Product will be ready for collection within the timeframe indicated in the Product description. The Customer will be additionally informed by email. 

  2. If Products have different readiness times for collection, the Customer may collect Products in parts or collect all Products after the entire order is completed. 

  3. The collection readiness period begins as follows: 

  • For bank transfer/electronic/card payments: from the date the Seller’s bank account is credited. 

  • For cash on personal collection: from the date the Sales Agreement is concluded. 

§ 9 Right of withdrawal 

  1. A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason. 

  2. The period starts from delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier. 

  3. If the Agreement covers multiple Products delivered separately, in batches, or in parts, the period runs from delivery of the last item/batch/part. 

  4. If the Agreement provides for regular delivery of Products for a fixed period (subscription), the period runs from taking possession of the first item. 

  5. The Consumer may withdraw by submitting a withdrawal statement to the Seller. It is sufficient to send the statement before the deadline. 

  6. The statement may be sent by traditional mail to the Seller’s address (contact details in § 2). It may also be submitted using the template in Appendix 1 to these Terms and Conditions and in the Act of 30 May 2014 on Consumer Rights, but this is not mandatory. 
    6.1 If the statement is sent electronically, the Seller will promptly send confirmation of receipt to the Consumer’s email address. 
    6.2 Effects of withdrawal: 

  • The distance contract is deemed not concluded. 

  • The Seller shall refund the Consumer all payments made, including delivery costs, without undue delay and no later than 14 days from receiving the withdrawal statement, except for additional costs resulting from the Consumer choosing a delivery method other than the cheapest standard delivery offered by the Seller. 

  • Refunds are made using the same payment methods used in the original transaction unless the Consumer expressly agrees otherwise at no additional cost. 

  • The Seller may withhold the refund until the Product is received back or the Consumer provides proof of return, whichever occurs first. 

  • The Consumer should return the Product to the Seller’s address without undue delay, no later than 14 days from notifying the Seller. The deadline is met if the Product is sent back before 14 days elapse. 

  • The Consumer bears the direct costs of returning the Product, including where the Product cannot be returned by normal post due to its nature. 

  • The Consumer is liable only for diminished value resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the Product. 

  1. If due to the nature of the Product it cannot be returned by normal post, this information and the return costs will be included in the Product description in the Store. 

  2. The right of withdrawal does not apply to agreements: 

  • for non-prefabricated goods made to the Consumer’s specifications or clearly personalized; 

  • for sealed goods that cannot be returned after opening for health protection or hygiene reasons if the seal was broken after delivery; 

  • for goods that deteriorate quickly or have a short shelf life; 

  • for services fully performed with the Consumer’s express consent, after the Consumer was informed before performance that they would lose the right of withdrawal once performance is completed; 

  • where the price depends on financial market fluctuations beyond the Seller’s control that may occur within the withdrawal period; 

  • for goods that, after delivery, are inseparably mixed with other goods due to their nature; 

  • for alcoholic beverages agreed upon at the time of sale, deliverable only after 30 days, and whose value depends on market fluctuations beyond the Seller’s control; 

  • for sealed audio/video recordings or computer software if the seal was broken after delivery; 

  • for supply of newspapers, periodicals, or magazines, except subscription contracts; 

  • for digital content not supplied on a tangible medium, if performance began with the Consumer’s express consent before the withdrawal period expired and after being informed of the loss of the right of withdrawal. 

§ 10 Complaints and warranty 

  1. Sales Agreements cover new Products. 

  2. If a defect occurs, the Customer has the right to submit a complaint under the warranty provisions (rękojmia) in the Civil Code.  

  3. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions or via an electronic complaint form made available by the Seller on one of the Store’s subpages. 

  4. It is recommended that a complaint includes a brief description of the defect, circumstances (including date), the Customer’s details, and the requested remedy.  

  5. The Seller will respond to the complaint promptly, no later than within 14 days; failure to respond within this time means the complaint is deemed accepted. 

§ 11 Out-of-court complaint and claim resolution methods 

Detailed information on out-of-court methods of handling complaints and pursuing claims, and access rules for these procedures, are available at consumer ombudsmen offices, consumer protection organizations, Provincial Inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK): 
http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php. 
Examples include: 

  • submitting a request to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection;  

  • submitting a request to the provincial inspector of the Trade Inspection (Article 36 of the same Act) to initiate mediation proceedings;  

  • obtaining free assistance from a district (municipal) consumer ombudsman or a relevant consumer protection organization (e.g., the Consumer Federation, the Polish Consumers Association). 

§ 12 Personal data in the online store 

  1. The controller of Customers’ personal data collected via the online Store is the Seller. 

  2. Personal data collected by the controller via the online Store is collected for the purpose of performing the Sales Agreement, and—if the Customer consents—also for marketing purposes. 

  3. Recipients of the Store Customers’ personal data may include:  

  • if the Customer uses postal/courier delivery, the controller provides the collected data to the selected carrier/intermediary handling shipments on the controller’s behalf; 

  • if the Customer uses electronic payments or payment cards, the controller provides the collected data to the selected payment service provider.  

  1. The Customer has the right to access and correct their data. 

  2. Providing personal data is voluntary; however, failure to provide the data necessary to conclude the Sales Agreement results in inability to conclude it.  

§ 13 Final provisions 

  1. Agreements concluded via the online Store are concluded in Polish. 

  2. The Seller reserves the right to amend these Terms and Conditions for important reasons, i.e., changes in law, changes in payment and delivery methods—to the extent those changes affect performance of these Terms. The Seller will inform the Customer of each change at least 7 days in advance. 

  3. Matters not regulated herein are governed by generally applicable Polish law, in particular the Civil Code; the Act on the Provision of Electronic Services; the Act on Consumer Rights; and the Act on Personal Data Protection.  

  4. The Customer has the right to use out-of-court methods of complaint handling and claim pursuit. For this purpose, the Customer may submit a complaint via the EU ODR platform available at: http://ec.europa.eu/consumers/odr/. 

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