Terms and Conditions of Online Shop

Terms and Conditions of Online Shop MusialJanicka.Art

§ 1 General Provisions
§ 2 Technical Requirements Necessary for Using the Website
§ 3 Sale of Goods – Terms and Order Processing Time
§ 4 Liability for Lack of Conformity of Goods with the Contract
§ 5 Provision of Services
§ 6 Liability for Lack of Conformity of a Service with the Contract
§ 7 Contracts for the Supply of Digital Content or Digital Services
§ 8 Liability for Lack of Conformity of Digital Content or a Digital Service with the Contract
§ 9 Product Prices and Delivery Costs
§ 10 Methods of Payment
§ 11 Right of Withdrawal from the Contract
§ 12 Refund of Payments Made by the Client
§ 13 Newsletter
§ 14 StartUp Contact Details
§ 15 Final Provisions
Communication on Out-of-Court Dispute Resolution
Model Withdrawal Form
Model Complaint Form

§ 1 General Provisions

The online service MusialJanicka.Art operating at the address www.musialjanicka.art (hereinafter referred to as the “Service”) is operated by: Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” (Foundation for Entrepreneurship Development “Twój StartUp”), with its registered office in Warsaw, ul. Żurawia 6/12, unit 766, 00-503 Warsaw, correspondence address: Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000442857, NIP (Tax ID): 521-364-12-11, REGON: 146433467, BDO: 000460502.
The provisions of these Terms and Conditions concern the activities performed on behalf of the Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” by an organized business unit named Joanna Musiał-Janicka Photography, operating within the branch of the Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”, represented by Joanna Musiał-Janicka (e-mail: joanna@musialjanicka.art). The person indicated in this section is appointed by the Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” as the contact person responsible for the implementation of these Terms and Conditions.
These Terms and Conditions specify in particular:
a) the rules of using the Service;
b) the terms for placing orders for Products available through the Service;
c) the time frame and rules for order fulfillment;
d) payment conditions and forms;
e) the Client’s right to withdraw from the contract;
f) rules for submitting and handling complaints;
g) special rights of the Client who is a consumer.
The StartUp sells and provides Services via the Service using remote means of communication. Contracts concluded by the Client with the StartUp through the Service are distance contracts within the meaning of the Act of 30 May 2014 on Consumer Rights.
The Client is entitled and obliged to use the Service in accordance with its intended purpose, as well as the principles of social coexistence and good practice.
Browsing the Service does not require registration, and Clients may place orders for Products without creating an account.
The Terms and Conditions are available free of charge in the Service, in a format that allows for their acquisition, reproduction, and storage.
The Client is obliged to read the contents of the Terms and Conditions. Use of the Service is possible only after reading and accepting them.
The Client may only be a person with full legal capacity.
The definitions used in these Terms and Conditions mean as follows:
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 into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000442857, NIP: 521-364-12-11, REGON: 146-433-467, BDO: 000460502;
b) Client – a person using the Service, purchasing Goods or Services provided by the StartUp within the Service;
c) Consumer – a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity;
d) Services – services provided by the StartUp to Clients via the Service, excluding Digital Services;
e) Digital Service – a digital service within the meaning of Article 2(5a) of the Act of 30 May 2014 on Consumer Rights, provided by the StartUp and offered to Clients via the Service;
f) Goods – movable items sold by the StartUp to Clients through the Service;
g) Products – Goods, Services, or Digital Services;
h) Service – the website available at www.musialjanicka.art, through which the StartUp provides electronic services to the Client, offers Products, and enables the conclusion of contracts;
i) Agreement – the contract concluded between the StartUp and the Client through the Service;
j) Account – an individual Client account in the Service, allowing the Client to use the Services and Digital Services and to conclude Agreements after logging in;
k) Business days – all days excluding Saturdays, Sundays, and public holidays;
l) Terms and Conditions – this document.
In the case of justified suspicion that the Client has provided false information, the StartUp reserves the right to withdraw from the Agreement, notifying the Client accordingly.
In the case of the Client providing incorrect or inaccurate data, particularly an incorrect or incomplete address, the StartUp shall not be held liable for the non-delivery or delay in delivery of Goods, or for non-performance of Services or Digital Services, to the maximum extent permitted by law.
The information contained in the Service, including in particular advertisements, announcements, and price lists, does not constitute an offer within the meaning of Article 66 of the Civil Code of 23 April 1964. Such information constitutes an invitation to conclude an Agreement as described in Article 71 of the Civil Code.
The StartUp is obliged to provide the Client who is a Consumer, in a clear and visible manner, directly before the Client places an order, with information in particular about:
a) the main characteristics of the performance, taking into account the subject of the performance and the method of communication with the Client;
b) the total price or remuneration for the performance, including taxes, and where the nature of the subject matter of the performance does not reasonably allow for their prior calculation – the method by which they will be calculated, as well as transport, delivery, postal, or other costs, and where such costs cannot be determined – the obligation to pay them;
c) the right of withdrawal from the contract or the absence thereof;
d) the duration of the contract or the manner and grounds for termination, if the contract is concluded for an indefinite period or is automatically renewable;
e) the minimum duration of the Client’s obligations resulting from the contract.
If the StartUp allows the possibility of placing individual (custom) orders, such orders may be submitted by Clients via the e-mail address indicated in the Service. In such a case, the StartUp shall provide a price quotation and send it to the Client’s indicated e-mail address.
The fulfillment period for an individual (custom) order is 30 days from the date of contract conclusion, unless the StartUp informs the Client, no later than before placing the order, of a different period.
The Service handles Clients within the territory of Poland, unless the StartUp’s offer in the Service provides otherwise.

§ 2 Technical Requirements Necessary to Use the Service

To browse the Service, the following are required:
a) a terminal device with Internet access;
b) an Internet browser capable of accepting cookies, such as the latest version of Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari;
c) acceptance of the necessary cookies;
d) JavaScript enabled in the web browser to ensure the correct operation of the Website and its functionalities (including the online store, gallery, and payments);
e) an active e-mail account enabling the User to receive correspondence from StartUp, including order confirmations and information on the provision of Services.
To use the Service’s functionalities, in particular to register in the Service or to place orders for Products, an active e-mail account is required.
The Service uses cookies for the proper provision of Services and to ensure security. Blocking cookies, as well as the use of external applications designed to block them, may result in improper functioning of the Service and may prevent the proper provision of Services, for which the StartUp shall not be held liable.

§ 3 Sale of Goods – Conditions and Order Fulfillment Time

Through the Service, the StartUp concludes sales contracts for Goods with Clients. Under the sales contract, the StartUp undertakes to transfer ownership of the Goods to the Client and deliver them, while the Client undertakes to collect the Goods and pay the StartUp the price.
To place an order, the Client selects the Goods of interest by using the “Add to cart” command (or another equivalent expression) on the page of the given Good, and then provides the required information, selects the delivery method, and chooses the payment option.
The cart allows the Client to:
a) add and remove Goods and adjust their quantities;
b) indicate the address to which the Goods are to be delivered and provide data necessary for issuing an invoice;
c) choose the method of delivery;
d) choose the method of payment;
e) add a discount code (if applicable).
The Client places an order by confirming it, selecting a button marked with the words “order with obligation to pay” or another equivalent phrase.
Placing and confirming the order entails the Client’s obligation to pay the price of the Goods and delivery costs. Confirmation of the order by the StartUp constitutes the moment of conclusion of the sales contract between the StartUp and the Client.
The shipment of the purchased Goods shall be carried out within 30 business days from the date of payment confirmation in the StartUp’s bank account, unless otherwise provided in these Terms and Conditions or unless the StartUp has informed the Client directly prior to placing the order of a different period.
Goods purchased through the Service are shipped to the address provided by the Client.
Orders through the Service may be placed 24 (twenty-four) hours a day, 7 (seven) days a week. Orders placed on Saturdays, Sundays, or public holidays shall be processed on the next business day.
In the event that only part of an order can be fulfilled, prior to confirming the order, the StartUp may propose to the Client:
a) cancellation of the entire order (if this option is chosen by the Client, the StartUp shall be released from the obligation to fulfill the order);
b) cancellation of the part of the order that cannot be fulfilled within the specified time (if this option is chosen by the Client, the order shall be fulfilled in part, and the StartUp shall be released from the obligation to fulfill the remaining portion);
c) fulfillment of a substitute performance, to be agreed with the Client. Once confirmed by the Client, the order for a substitute performance shall be considered final;
d) division of the order and establishment of a new fulfillment time for the part of the order that cannot be completed within the originally specified period (if this option is chosen by the Client, the Goods included in the order shall be shipped in several separate parcels, and the Client shall bear any additional costs associated with splitting the order into multiple shipments).
In the event that the ordered Goods are unavailable or the order cannot be fulfilled for other reasons, the StartUp shall inform the Client by sending a message to the Client’s e-mail address within 7 (seven) days from the conclusion of the Agreement.
If payment for the Goods that cannot be delivered in whole or in part has been made in advance, the StartUp shall refund the amount paid (or the relevant difference) to the Client within 14 (fourteen) days from the date of conclusion of the Agreement, in accordance with the principles set out in these Terms and Conditions.
The StartUp may include, in the Service, information regarding the number of business days within which the shipment of the purchased Goods will be dispatched. Such information specifies the time counted from order confirmation to the shipment of the ordered Goods. The order fulfillment time is provided taking into account the time required to collect all ordered Goods.

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

The provisions of this section of the Terms and Conditions, in accordance with Chapter 5a of the Polish Act of 30 May 2014 on Consumer Rights, apply to the liability of StartUp for the lack of conformity of the Goods with the Contract concluded with:
a) a Consumer, or
b) a natural person entering into a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, arising in particular from the subject of their business activity made available pursuant to the provisions of the Central Registration and Information on Business (CEIDG).
StartUp undertakes that the Goods offered are free from physical and legal defects.
The Customer has the right to submit a complaint in the event of a lack of conformity of the Goods with the Contract.
The Customer may submit a complaint in written or documentary form to the e-mail address of StartUp.
A complaint concerning defective Goods may include one of the following requests:
a) repair of the Goods;
b) replacement of the Goods.
If the Goods are not in conformity with the Contract, the Customer may make a statement requesting a price reduction or withdrawal from the Contract if:
a) StartUp has refused to bring the Goods into conformity with the Contract in accordance with Article 43d(2) of the Act of 30 May 2014 on Consumer Rights;
b) StartUp has failed to bring the Goods into conformity with the Contract in accordance with Article 43d(4–6) of the same Act;
c) the lack of conformity of the Goods with the Contract persists despite StartUp having attempted to bring the Goods into conformity with the Contract;
d) the lack of conformity of the Goods with the Contract is so significant that it justifies a price reduction or withdrawal from the Contract without first exercising the remedies set out in Article 43d of the Act on Consumer Rights;
e) it follows from StartUp’s statement or the circumstances that StartUp will not bring the Goods into conformity with the Contract within a reasonable time or without excessive inconvenience to the Consumer.
A complaint concerning defective Goods shall be examined within 14 (fourteen) days from its receipt.
If StartUp does not respond to the complaint within that time, it shall be deemed that the complaint has been accepted.
StartUp shall inform the Customer of the outcome of the complaint on paper or another durable medium.
If a complaint concerning the Goods is accepted, StartUp shall — 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 Contract.
StartUp shall reimburse the Customer using the same payment method used by the Customer, unless the Customer has expressly agreed to another method that does not involve any costs for them. StartUp shall issue the Customer an appropriate correction of the purchase document (corrective VAT invoice or corrective specification).
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 deliver Digital Content does not include loss of profits.
To the extent not regulated in these Terms and Conditions, the rights and obligations of the Customer and StartUp in the event of a defect of the Goods, or non-performance or improper performance of the Contract by StartUp, shall be governed by generally applicable law, in particular the Act on Consumer Rights and the Civil Code.
StartUp’s liability for defects in the Goods, Services, and Digital Services is excluded in the case of contracts concluded for the benefit of a Customer who is not:
a) a Consumer;
b) a natural person concluding a contract with StartUp directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, arising in particular from the subject of their business activity made available pursuant to the provisions of the Central Registration and Information on Business (CEIDG).
The Goods offered by StartUp may be covered by a manufacturer’s warranty. The use of the warranty shall take place under the terms set out in the warranty statement. StartUp does not provide its own warranty for the offered Goods.

§ 5 Provision of Services

StartUp provides Services to Clients, the type, scope, and detailed description of which are indicated on the Website. The Services consist in particular of performing photographic sessions.
The Services are provided in the manner specified on the Website, in particular on the page concerning a given Service.
StartUp publishes on the Website information on how the Client may place an order for the Services. To place an order, the Client selects the Services of interest and then provides the data necessary to conclude the Agreement and perform the Service, including specifying the method of performance (if applicable) and the payment method.
If a button or similar function is used to place an order on the Website, it is clearly marked with the words “place order” or another equivalent unambiguous expression indicating an order with an obligation to pay, and the Client is required to confirm acceptance of the Store Regulations prior to placing the order.
Placing and confirming an order entails the Client’s obligation to pay the remuneration for the Services and any additional costs. Confirmation of the order by StartUp constitutes the moment of conclusion of the agreement for the provision of services between StartUp and the Client.
The Client is informed of the commencement and completion dates of the Services before concluding the Agreement, in particular through the Website.
If, at the explicit request of the Client, the provision of the Service is to begin before the expiry of the withdrawal period applicable to distance contracts, StartUp shall require the Client to submit a declaration:
a) containing such explicit request on a durable medium;
b) stating that the Client acknowledges the loss of the right to withdraw from the contract once the Service has been fully performed by StartUp.
If the Client does not consent to the commencement of the Service before the expiry of the withdrawal period, the provision of the Service shall commence after that period, unless StartUp does not offer the possibility to conclude Agreements without such consent through the Website.
The Client may terminate the Agreement for the provision of Services, in writing or in documentary form, with one (1) month’s notice, effective at the end of a calendar month.
StartUp may terminate the Agreement for the provision of Services, in writing or in documentary form, with one (1) month’s notice, effective at the end of a calendar month, for valid reasons. The Parties shall consider the following as valid reasons:
a) cessation or decision of StartUp to cease the operation of the organized part of the enterprise of StartUp indicated in § 1;
b) significant change or decision of StartUp to significantly change the business scope of the organized part of the enterprise of StartUp indicated in § 1;
c) significant reorganization within the enterprise of StartUp;
d) occurrence of a failure or difficulties (in particular technical), not attributable to StartUp, preventing or significantly hindering the provision of Services to the Client;
e) delay by the Client in payment of remuneration to StartUp;
f) material breach of the Agreement or the Regulations by the Client.

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

A complaint regarding Services performed not in conformity with the Agreement should include a demand appropriate to the nature of the Service.
A complaint concerning the lack of conformity of the Service with the Agreement shall be considered within fourteen (14) days from its receipt.
If StartUp does not respond to the complaint within the specified period, it shall be deemed that the complaint has been accepted.
StartUp shall inform the Client of the outcome of the complaint in writing or on another durable medium.
In the event that a complaint concerning the Service is accepted, StartUp shall perform the Service correctly, refund all or part of the remuneration received from the Client, or provide other appropriate compensation to the Client, depending on the type of Service and the circumstances of the case.
StartUp’s liability is limited to the value of the Service not performed or improperly performed. StartUp shall not be liable for any lost profits resulting from non-performance or improper performance of the Service.
StartUp’s liability for defects in the Services, as well as for non-performance or improper performance of the Agreement concluded with the Client, is excluded in the case of agreements concluded for the benefit of a Client who is not:
a) a Consumer;
b) a natural person concluding an agreement with StartUp directly related to their business activity, where it follows from the content of that agreement that it does not have a professional character for that person, in particular arising from the subject of their business activity made available on the basis of the provisions on the Central Register and Information on Economic Activity.

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

The provisions of this paragraph and the following paragraph of the Terms and Conditions, in accordance with Chapter 5b of the Act of 30 May 2014 on Consumer Rights, apply to Agreements for the supply of digital content or digital services concluded with:
a) a Consumer, or
b) a natural person concluding an agreement directly related to their business activity, where it follows from the content of that agreement that it does not have a professional character for that person, in particular arising from the subject of their business activity made available in the Central Register and Information on Economic Activity.
StartUp provides information on the Website regarding the method of placing orders for digital services. To place an order, the Client shall, in particular, select the digital services they are interested in and then enter the data necessary to conclude the Agreement and perform the digital service, including specifying the method of delivery of the Service (if applicable) and the payment method.
If a button or a similar function is used on the Website to place an order, it shall be clearly labelled with the words “Place Order” or another unambiguous equivalent phrase indicating an obligation to pay.
Placing and confirming an order entails the Client’s obligation to pay the remuneration for the digital services and any additional costs. The confirmation of the order by StartUp constitutes the moment of conclusion of the agreement for the provision of digital services between StartUp and the Client.
StartUp shall supply the Client with the digital content or digital service immediately after the conclusion of the Agreement, unless otherwise agreed by the Parties, in particular if another date is indicated on the Website on the page of the given digital service. This provision does not apply if the agreement provides for the supply of digital content on a tangible medium. If the Client does not consent to the performance of the service before the expiry of the withdrawal period, the delivery shall take place after that period has elapsed.
StartUp informs that providing such consent, as referred to in the preceding paragraph, results in the loss of the Client’s right to withdraw from the agreement.
StartUp may, for valid reasons, make changes to the digital content or digital service that are not necessary to maintain its conformity with the Agreement. Valid reasons include, in particular, an important interest of the Client or of StartUp. StartUp shall inform the Client clearly and comprehensibly of any such change. If the change significantly and adversely affects the Client’s access to or use of the digital content or digital service, StartUp is obliged to inform the Client, in advance and on a durable medium, of the nature and effective date of the change and of the Client’s right to terminate the agreement without notice. The Client may terminate the agreement without notice within 30 days from the date of the change.
The Client may terminate the agreement for the supply of digital content or digital services in writing or in a documentary form with a one-month notice period, effective at the end of a calendar month.
StartUp may terminate the agreement for the supply of digital content or digital services in writing or in a documentary form with a one-month notice period, effective at the end of a calendar month, for valid reasons. The Parties recognise the following as valid reasons:
a) discontinuation or decision by StartUp to discontinue the operation of the organised part of the enterprise of StartUp indicated in § 1;
b) a material change or decision by StartUp on a material change in the scope of activity of the organised part of the enterprise of StartUp indicated in § 1;
c) a significant reorganisation within the enterprise of StartUp;
d) the occurrence of a failure or significant difficulties (in particular of a technical nature) in the operation of the Website, not attributable to StartUp;
e) delay by the Client in payment of remuneration due to StartUp;
f) material breach of the Agreement or the Terms and Conditions by the Client.
In matters not regulated in this paragraph, the provisions of Chapter 5b of the Act on Consumer Rights shall apply.

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

If the StartUp has not supplied the digital content or digital service, the Client shall call upon the StartUp to deliver them. If the StartUp fails to deliver the digital content or digital service without undue delay or within an additional, expressly agreed period, the Client may withdraw from the agreement. This provision does not apply if the agreement provides for the delivery of digital content on a tangible medium.
The StartUp shall be liable for the lack of conformity with the agreement of the digital content or digital service supplied:
a) once or in parts, which existed at the time of delivery and became apparent within two years from that moment;
b) continuously, which occurred or became apparent during the period in which, under the agreement, they were to be supplied.
If the digital content or digital service is not in conformity with the agreement, the Client may request that it be brought into conformity with the agreement.
The StartUp may refuse to bring the digital content or digital service into conformity with the agreement if doing so is impossible or would impose excessive costs on the StartUp.
If the digital content or digital service is not in conformity with the agreement, the Client may submit a statement requesting a price reduction or withdrawal from the agreement when:
a) bringing the digital content or digital service into conformity with the agreement is impossible or would involve excessive costs in accordance with Article 43m(2) and (3) of the Consumer Rights Act;
b) the StartUp has failed to bring the digital content or digital service into conformity with the agreement in accordance with Article 43m(4) of the Consumer Rights Act;
c) the lack of conformity of the digital content or digital service with the agreement continues despite the StartUp’s attempt to bring it into conformity with the agreement;
d) the lack of conformity of the digital content or digital service with the agreement is so substantial as to justify a price reduction or withdrawal from the agreement without first resorting to the remedy referred to in Article 43m of the Consumer Rights Act;
e) it is clear from the StartUp’s statement or the circumstances that the StartUp will not bring the digital content or digital service into conformity with the agreement within a reasonable time or without undue inconvenience to the Client.
The reduced price must be in such proportion to the price provided for in the agreement as the value of the non-conforming digital content or digital service bears to the value of the digital content or digital service that conforms to the agreement. If the agreement provides that the digital content or digital service is supplied in parts or continuously, the price reduction shall take into account the time during which the digital content or digital service was not in conformity with the agreement.
The Client 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 of the digital content or digital service with the agreement is insignificant.
In the event of the Client’s withdrawal from the agreement, the StartUp may request the return of the tangible medium on which the digital content was supplied within 14 days of receiving the Client’s statement of withdrawal. The Client shall return the medium without delay.
In the event of the Client’s withdrawal from the agreement, the StartUp shall be obliged to refund only the portion of the price corresponding to the digital content or digital service that is not in conformity with the agreement, and to the digital content or digital service for which the obligation to supply ceased as a result of the withdrawal.
The StartUp shall refund the price using the same method of payment as was used by the Client, unless the Client expressly agrees to a different method of refund that does not incur any costs for the Client.
The StartUp’s liability shall be limited to the value of the digital content or digital service that was to be supplied. The StartUp’s liability for damage resulting from failure to perform or improper performance of a digital service or failure to deliver digital content shall not include lost profits.
A complaint regarding the lack of conformity of a digital service with the agreement shall be processed within 14 (fourteen) days from its receipt.
If the StartUp fails to respond to the complaint within the specified period, the complaint shall be deemed accepted.
The StartUp shall inform the Client of the outcome of the complaint in writing or on another durable medium.
The StartUp’s liability for lack of conformity of digital content or digital service with the agreement, as well as for failure to perform or improper performance of the agreement concluded with the Client, shall be excluded in the case of agreements concluded with a Client who is not:
a) a Consumer;
b) a natural person entering into an agreement with the StartUp directly related to their business activity, where it follows from the content of the agreement that it is not of a professional nature for that person, particularly in light of the subject of their business activity made available under the Central Registration and Information on Business (CEIDG).

§ 9 Prices of Products and Delivery Costs

The prices displayed with the Products offered on the Website are gross prices, meaning they include value-added tax (VAT). Prices are provided in the Polish currency (zloty – PLN).
The price stated for a given Product does not include shipping costs.
The shipping costs shall be borne by the Client, unless the content of the StartUp’s offer on the Website provides otherwise.
The total amount payable by the Client in connection with the purchase of a selected Product consists of the Product price and the delivery cost.
Unless otherwise specified by the StartUp on the Product page or during the Client’s ordering process, the methods of delivery for Products are as follows:
a) in the case of Goods – shipment to the address provided by the Client or personal collection at the StartUp’s premises;
b) in the case of Digital Services – delivery to the email address provided by the Client;
c) in the case of other Services – in the manner specified on the Website on the respective Service page or during the Client’s ordering process, in particular as determined by the nature of the Service.
The StartUp shall clearly indicate on the Website, no later than at the beginning of the Client’s order placement process, clear and legible information regarding any restrictions on the delivery of the Product.
The Customer is responsible for any customs duties, import taxes, or additional fees that may apply upon entry of the goods into the destination country. Such charges are not included in the purchase price or shipping fees and must be settled by the Customer directly with the respective customs authorities.

§ 10 Methods of Payment

The StartUp shall clearly indicate on the Website, no later than at the beginning of the Client’s order placement process, clear and legible information regarding the accepted methods of payment.
Unless the StartUp specifies otherwise on the Product page or during the Client’s ordering process, the Client shall make payment by one of the following methods:
a) by bank transfer through one of the electronic payment systems accepted by the StartUp, allowing for quick payments for the order;
b) by standard bank transfer to the account indicated by the StartUp.
In order to use one of the electronic payment systems, the Client must accept the terms and conditions of the respective electronic payment system. The list of electronic payment systems available on the Website is presented during the order finalization process.
In the event of withdrawal from the contract, the refund shall be made using the same method of payment that was used by the Client, unless the Client has expressly agreed to a different method of refund that does not incur any costs for the Client.
The StartUp does not allow Clients to make payments in cash.

§ 11 Right of Withdrawal from the Contract

The provisions of this paragraph apply to a Client who is a Consumer, or to a natural person entering into an agreement with the StartUp directly related to their business activity, where it follows from the content of such agreement that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available pursuant to the provisions on the Central Registration and Information on Business (CEIDG).
The Client referred to in paragraph 1 has the right to withdraw from the Contract without providing any reason and without incurring any costs, unless otherwise provided by generally applicable law or the provisions of these Terms and Conditions. A Contract from which the Client has withdrawn shall be deemed not concluded.
To withdraw from the Contract, it is sufficient to submit a declaration of withdrawal and send it to the StartUp within 14 (fourteen) days.
The time limit for withdrawal from the Contract begins to run:
a) for a Contract under which the StartUp delivers Goods being obliged to transfer their ownership – from the moment the Client or a third party indicated by the Client, other than the carrier, takes possession of the Goods; and in the case of a Contract that:
– covers multiple Goods that are delivered separately, in batches, or in parts – from taking possession of the last Good, batch, or part;
– provides for the regular delivery of Goods over a specified period – from taking possession of the first of the Goods;
b) for other Contracts – from the day the Contract is concluded.
To meet the withdrawal deadline, it is sufficient to:
a) send a written declaration to the address of the StartUp indicated in these Terms and Conditions or on the Website, or
b) send a declaration in documentary form to the StartUp’s e-mail address indicated in these Terms and Conditions or on the Website.
The StartUp shall promptly send the Client, on a durable medium, confirmation of receipt of the declaration of withdrawal from the Contract submitted electronically.
In the event of withdrawal from the Contract, the Client shall return the purchased Product immediately, but no later than within 14 (fourteen) days from the date of withdrawal from the Contract, unless the StartUp has offered to collect the Product itself. The deadline is deemed met if the Product is sent back before its expiry. The Client shall bear the cost of returning the Product.
In the event of withdrawal from the Contract by the Client, the StartUp shall refund the amount paid for the Product and the shipping costs to the Client within no more than 14 (fourteen) days from the date of receipt of the Client’s declaration of withdrawal from the Contract. However, if the Client has chosen a delivery method other than the least expensive method offered on the Website for the given order, the StartUp shall not be obliged to reimburse the Client for the additional costs incurred.
The StartUp shall refund the payment using the same payment method as used by the Client, unless the Client has agreed with the StartUp on another method of refund that does not involve any costs for the Client.
The StartUp may withhold reimbursement of payments received from the Client until the Product has been returned or until the Client has provided proof of its return, whichever occurs first.
If the Client sends a declaration of withdrawal before receiving confirmation of the order from the StartUp, the order shall be cancelled.
The Client shall be liable for any diminished value of the Goods resulting from handling them in a manner exceeding what is necessary to establish their nature, characteristics, and functioning.
The right of withdrawal from the Contract shall not apply to the Client in cases specified in the Act of 30 May 2014 on Consumer Rights, in particular with respect to contracts:
a) for the provision of services for which the consumer is obliged to pay a price, if the entrepreneur has fully performed the service with the consumer’s explicit and prior consent, who was informed before the performance began that after the service has been performed by the entrepreneur they would lose the right of withdrawal, and acknowledged this;
b) where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur’s control, which may occur before the withdrawal period expires;
c) where the subject of the performance is non-prefabricated goods produced according to the consumer’s specifications or serving to meet their individual needs;
d) where the subject of the performance is goods liable to deteriorate rapidly or having a short shelf life;
e) where the subject of the performance is goods delivered in sealed packaging that cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
f) where the subject of the performance are goods that, after delivery, by their nature, become inseparably mixed with other items;
g) where the subject of the performance are alcoholic beverages, the price of which was agreed upon at the time of the sale contract and whose delivery can only take place after 30 days, and whose value depends on market fluctuations beyond the entrepreneur’s control;
h) where the consumer expressly requested that the entrepreneur visit them to carry out urgent repairs or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer or delivers goods other than spare parts necessary for repair or maintenance, the right of withdrawal applies to the additional services or goods;
i) where the subject of the performance are audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
j) for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
k) concluded through a public auction;
l) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure, entertainment, cultural, or sports events, if the Contract specifies a date or period of performance;
m) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay a price, if the entrepreneur has commenced performance with the consumer’s explicit and prior consent, who was informed before the performance began that after the performance by the entrepreneur they would lose the right of withdrawal, and acknowledged this, and the entrepreneur provided confirmation as referred to in Article 15(1)–(2) or Article 21(1) of the Act on Consumer Rights;
n) for the provision of services for which the consumer is obliged to pay a price, in cases where the consumer explicitly requested the entrepreneur to come to them for a repair, and the service has already been fully performed with the consumer’s explicit and prior consent.
The StartUp shall also issue a correction of previously provided purchase documents (a corrective VAT invoice or corrective specification).

§ 12 Refund of Payments Made by the Client

StartUp shall refund the Client’s payment within 14 (in words: fourteen) calendar days, using the same payment method that was used by the Client to make the payment, unless the Client has expressly agreed to a different method of refund that does not incur any additional costs for the Client, in the following cases:

a) withdrawal from the contract in whole or in part (in such a case, the corresponding portion of the price shall be refunded) for an order paid in advance before its fulfillment;
b) acceptance of a complaint and the inability to repair the defective Goods or to replace them with new ones, or to provide the Service / Digital Service in accordance with the contract;
c) recognition of the Client’s right to demand a reduction in the price of the Product.

§ 13 Newsletter

The Client may give consent to receive commercial information, including commercial information by electronic means, by selecting the appropriate option in the registration form or through the Website. Upon providing such consent, the Client shall receive a newsletter (Newsletter) from StartUp at the email address provided by the Client.
The Client may unsubscribe from the Newsletter at any time by notifying StartUp of their decision to withdraw from the subscription.

§ 14 Contact Details of StartUp

The Client may contact StartUp by email at the following address: joanna@musialjanicka.art or via the contact form available on the Website.

§ 15 Final Provisions

StartUp informs that the use of services provided electronically involves risks associated with the public nature of the Internet network, including, in particular, the possibility of obtaining or modifying the Client’s transmitted data by unauthorized third parties. In order to minimize such risks, the Client 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 shall not be liable for the blocking of email messages sent to the Client’s email address by mail server administrators or for the deletion or blocking of such messages by software installed on the Client’s device.
StartUp shall not be liable for the Client’s devices and infrastructure, including for any malfunction of public telecommunication networks causing, for example, lack of or interference with access to the Service website.
StartUp informs that the display of Product visualizations within the Client’s teleinformation system while using the Service depends on a number of factors, including the type of display matrix, proportions, resolution, backlighting method, applied technologies, the efficiency of the control electronics, and the display settings. Differences between the visualization available in the Client’s system and the actual appearance of the Product cannot constitute grounds for a complaint.
StartUp informs that all trademarks (logos, brand names, etc.), graphic materials, and photographs published on the Website are legally protected and are used by StartUp for informational purposes only.
To the fullest extent permitted by law, StartUp shall not be liable for disruptions, including interruptions, in the functioning of the Service caused by force majeure, unlawful actions of third parties, or incompatibility of the Service with the Client’s technical infrastructure.
StartUp reserves the right to temporarily suspend the operation of the Service, in particular for maintenance, development, or modernization purposes.
All Product names 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 works protected by copyright (content published on the Website, graphic layout, graphics, photographs, etc.). Clients and visitors to the Website agree to respect intellectual property rights (including economic copyrights and industrial property rights such as those resulting from trademark registration) belonging to StartUp and third parties. The Client or visitor to the Website shall bear sole responsibility for any violation of the provisions of this clause.
The Client shall not post any unlawful content, content contrary to applicable law, immoral, or infringing upon the rights of third parties on the Website, nor may they publish links to pornographic, obscene, or defamatory materials.
The Client shall refrain from any activity that could affect the proper functioning of the Website, including, in particular, any interference with the operation of the Service or its technical components.
StartUp undertakes to inform registered Clients of any changes to the Terms and Conditions by sending an electronic message to the email address provided during registration. Upon receiving such notification, the Client may delete their Account at any time. Changes to the Terms and Conditions do not affect Agreements concluded prior to the effective date of such changes.
In matters not regulated herein, the applicable provisions of Polish law shall apply, in particular:

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

Disputes arising from Agreements concluded under these Terms and Conditions shall be settled by the court having jurisdiction over the registered office of StartUp. This provision does not apply to Agreements concluded with Consumers.
The application of a specific out-of-court dispute resolution method is possible only with the mutual consent of both the Client and StartUp. Detailed procedures for out-of-court dispute resolution are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of the Provincial Inspectorates of Trade Inspection, and from local (municipal) consumer ombudsmen.
These Terms and Conditions shall enter into force on: 01/11/2025.

Notice on Out-of-Court Dispute Resolution

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

MODEL WITHDRAWAL FORM

(This form should be completed and returned only if you wish to withdraw from the contract)

………………………………………………
(First name and last name of the person withdrawing)
………………………………………………
………………………………………………
(Address of the person withdrawing)

To:
Foundation for Entrepreneurship Development
“Twój StartUp”
Atlas Tower, Al. Jerozolimskie 123a, 18th floor,
02-017 Warsaw, Poland

Delivery address:
Joanna Musiał-Janicka Photography

Wita Stwosza 8/1

48-300 Nysa

WITHDRAWAL FROM THE CONTRACT

I, the undersigned, hereby give notice that I withdraw from the following contract:

Date of contract conclusion: ………………………………………
Contract / order number: ……………………………………………………………….
Subject of the contract: ……………………………………………………………….

……………………………
Customer’s signature

Date: ………………………….

MODEL COMPLAINT FORM

(This form should be completed and returned only if you wish to submit a complaint)

………………………………………………
(First name and last name of the person submitting the complaint)
………………………………………………
………………………………………………
(Address of the person submitting the complaint)