§ 1 General provisions

  1. The goodluckmua.com website operating under the address: Service) is operated by: Entrepreneurship Development Foundation “Twój StartUp”, with its registered office in Warsaw, at Żurawiej 6/12 lok. 766, 00-503 Warsaw, address for delivery: 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, XII Economic Division of the National Court Register under the KRS number 0000442857, NIP number: 521-364-12-11, REGON number: 146433467, BDO number: 000460502.
  2. The provisions of the Regulations apply to activities performed for the benefit of the “Your StartUp” Enterprise Development Foundation by an organized part of the enterprise called OOD LUCK operating at the Branch of the “Your StartUp” Enterprise Development Foundation, represented by Alona Suchodolska (e-mail address: info@goodluckmua.com tel: +48 883 222 255. The person indicated in this paragraph is appointed by the Foundation for Entrepreneurship Development “Your StartUp” to contact in the implementation of the Regulations.
  3. The Regulations define in particular:
  4. the rules of using the Service;
  5. conditions for placing orders for Products available on the Site;
  6. the time and rules for the execution of orders;
  7. conditions and forms of payment;
  8. Customer’s rights to withdraw from the contract;
  9. rules for filing and processing complaints;
  10. special rights of the Customer who is a consumer.
  11. StartUp conducts sales and provides Services through the Site, using means of remote communication. Agreements concluded by the Customer with StartUp through the Website are distance agreements,
  12. within the meaning of the Consumer Rights Act of May 30, 2014.
  13. The Client is entitled and obliged to use the Website in accordance with its purpose and the rules of social coexistence and good morals.
  14. Browsing the Website does not require registration, and independent placing of orders by the Customer for Products does not require registration of an account.
  15. The Terms and Conditions are available free of charge on the Site, in a form that makes it possible to obtain, reproduce and record them.
  16. The Client is obliged to familiarize himself with the content of the Regulations. Use of the Website is possible only after reading and accepting the Regulations.
  17. The Client may be a person having full legal capacity.
  18. The terms used in the Regulations shall mean:
    1. StartUp – “Twój StartUp” Foundation for Entrepreneurship Development with its registered office in Warsaw, Żurawia Street 6/12 loc. 766, 00-503 Warsaw, mailing address: Atlas Tower, Aleje Jerozolimskie 123A, floor 18, 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, XII Division of the National Court Register. st. of Warsaw in Warsaw, XII Economic Department of the National Court Register under number: 0000442857, for which NIP: 521-364-12-11, REGON: 146-433-467, BDO: 000460502 has been assigned;
    2. Client – a person using the Website, purchasing Goods or Services, provided by StartUp on the Website;
    3. Consumer – a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity;
    4. Services – services provided by StartUp, offered to Customers through the Website, excluding Digital Services;
    5. Digital Service – a digital service within the meaning of Article 2(5a) of the Consumer Rights Act of May 30, 2014, provided by StartUp, offered to Clients through the Website;
    6. Goods – movable goods sold by StartUp to Customers through the Service;
    7. Products – Goods, Services or Digital Services;
    8. Website – the website at https://goodluckmua.com through which StartUp provides electronic services to the Customer, as well as offers Products to Customers and enables the conclusion of agreements;
    9. Agreement – an agreement concluded between StartUp and the Client through the Website;
    10. Account – the Client’s individual account on the Website, which allows the Client to use the Services and Digital Services and to conclude Agreements, after logging in;
    11. Business days – all days excluding Saturdays, Sundays and public holidays;
    12. Terms and Conditions – these Terms and Conditions.
  19. In case of a reasonable suspicion that the Customer has provided false data, StartUp has the right to withdraw from the execution of the Agreement, notifying the Customer.
  20. If the Client provides erroneous or inaccurate data, including.
  21. in particular, an erroneous 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 fullest extent permitted by law.
  22. The information contained in the Website, including, in particular, advertisements, announcements and price lists, does not constitute an offer within the meaning of Article 66 of the Act of April 23, 1964 of the Civil Code. However, the information contained in the Website constitutes an invitation to conclude an Agreement, as described in Article 71 of the Civil Code.
  23. StartUp is obliged to provide the Customer who is a Consumer, in a clear and conspicuous manner, immediately before the Customer places an order, with information about, in particular:
    1. the main characteristics of the service, taking into account the subject matter of the service and the method of communication with the Customer,
    2. the total price or remuneration for the performance including taxes, and when the nature of the subject of the performance does not allow, judging reasonably, to calculate their amount in advance – the manner in which they will be calculated, as well as fees for transportation, delivery, postal services and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them;
    3. The right to withdraw from the contract or the absence of this right,
    4. the duration of the contract or about the manner and grounds for termination of the contract – if the contract is concluded for an indefinite period or if it is to be automatically renewed;
    5. the minimum duration of the Customer’s obligations under the contract.
  24. Where StartUp provides for the possibility of accepting individual (customized) orders from Customers, such orders may be placed by Customers via StartUp’s e-mail address indicated on the Website. In such a case, StartUp makes a quote and sends it to the e-mail address indicated by the Client.
  25. The turnaround time for an individual (customized) order is 30 days from the conclusion of the Agreement, unless StartUp has informed the Client, at the latest before placing the order, of a different deadline.
  26. The Website serves Clients in the territory of Poland, unless StartUp’s offer on the Website contains different provisions.

§ 2 Technical requirements for using the Website

(1) In order to browse the Website, you need:

(a) a terminal device with access to the Internet,

b) a web browser that allows acceptance of cookies; for example, Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in its current version;

(c) acceptance of necessary cookies.

(2) In order to use the functionalities of the Website, in particular to register on the Website or place orders for Products, an active electronic mail (e-mail) account is required.

(3) The Website uses cookies for the proper implementation of the Services, as well as to ensure security. Blocking cookies, as well as the use of external applications for blocking cookies, may result in improper operation of the Site, as well as prevent the proper implementation of the Service, for which StartUp is not responsible.

§ 3 Sale of Goods – terms and conditions and order processing time

StartUp, through the Website, enters into an agreement of sale of Goods with the Clients. Under the contract of sale, StartUp undertakes to transfer ownership of the Goods to the Client and deliver the Goods to the Client, and the Client undertakes to collect the Goods and pay the price to StartUp.

  1. In order to place an order, the Customer indicates the Goods in which he is interested by using the “To cart” command located on the page of the Goods in question or other equivalent wording, and then indicates the data, method of delivery and payment.
  2. The shopping cart offers the Customer the possibility to:
  3. to add and remove Goods and their quantity;
  4. indicate the address to which the Goods are to be delivered and provide the data necessary for issuing an invoice;
  5. to choose the method of delivery;
  6. choice of payment method;
  7. adding a discount code (if applicable).
  8. The Customer places an order by approving the order, selecting the button marked with the words , “I buy and pay”.
  9. Placing and approving the order entails the Customer’s obligation to pay the price of the Goods and delivery costs. Confirmation of the order by StartUp is the moment when the contract of sale between StartUp and the Customer is concluded.
  10. Shipment of the purchased Goods is carried out within 7 working days from the date of payment confirmation in StartUp’s bank account , unless the Terms and Conditions provide otherwise, or StartUp has informed the Client immediately before the order is placed, about a different deadline.
  11. Goods purchased on the Website are shipped to the address provided by the Customer.
  12. Orders through the Website can be placed 24 (in words: twenty-four) hours a day, 7 (in words: seven) days a week. Orders placed on Saturdays, Sundays or public holidays are processed on the next working day.
  13. In the event that only part of the order can be fulfilled, StartUp may offer the Customer before confirming the order:
  14. to cancel the order in its entirety (if the Customer chooses this option, StartUp will be relieved of the obligation to fulfill the order);
  15. cancellation of the order in the part in which the implementation is not possible
  16. within the specified period (if the Customer chooses this option, the order will be fulfilled in part, with StartUp being released from the obligation to fulfill it to the remaining extent);
  17. realization of substitute performance, which will be agreed with the Customer. The order for substitute performance, once approved by the Customer, will be treated as final;
  18. splitting the order and setting a new completion date for that part of the order, the completion of which is not possible within the originally set deadline (if the Customer chooses this option, the shipment of the Goods comprising the order will be made in several separate shipments, and the Customer will bear the additional costs associated with splitting the order into several shipments).
  19. In case the Goods ordered by the Client are not available or the Client’s order cannot be fulfilled for other reasons, StartUp will inform the Client by sending information to his/her e-mail address within 7 (in words: seven) days from the conclusion of the Agreement.
  20. If the payment for the Goods, which cannot be delivered in whole or in part, was made in advance, StartUp will refund the amount paid (or the difference) to the Client within 14 (in words: fourteen) days from the date of conclusion of the Agreement, under the terms and conditions detailed in the Terms and Conditions.
  21. StartUp may post on the Website, with respect to a given Goods, information about the number of working days within which the shipment with the purchased Goods will be sent. The information in question is the time counted from confirmation of the order to shipment of the ordered Goods. The lead time of the order is given taking into account the deadline for completion of all ordered Goods.

§ 4 Liability for non-compliance of the Goods with the Contract.

  1. The provisions of this paragraph of the Terms and Conditions, in accordance with the provisions of Chapter 5a of the Act of May 30, 2014 on Consumer Rights, shall apply to StartUp’s liability for non-compliance of the Goods with the Contract concluded with:
    1. Consumer, or
    2. a natural person entering into an Agreement directly related to his/her business activity, when the content of the Agreement indicates that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions 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 file a complaint in case of non-compliance of the Goods with the Agreement.
  4. The Customer shall submit a complaint in writing or document to the e-mail address of StartUp .
  5. A complaint about defective Goods may include one of the demands:
  6. repair of the Goods;
  7. replacement of the Goods.
  8. If the Goods are inconsistent with the contract, the Customer may submit a statement to reduce the price or withdraw from the contract when:
    1. StartUp refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act of May 30, 2014;
    2. StartUp has failed to bring the goods into conformity with the contract in accordance with Article 43d Paragraphs 4-6 of the Law of May 30, 2014 on Consumer Rights;
    3. the lack of conformity of the goods with the contract continues to exist even though StartUp a has tried to bring the goods into conformity with the contract;
    4. 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 resorting to the means of protection set forth in Article 43d of the Law of May 30, 2014 on Consumer Rights;
    5. it is clear from StartUp’s statement or circumstances that it will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
  9. A complaint regarding defects in the Goods will be considered within 14 (in words: fourteen) days of receipt.
  10. In case StartUp does not respond to the complaint within the time limit, it is assumed that the complaint has been accepted.
  11. StartUp shall inform the Customer of the outcome of the complaint on paper or other durable medium.
  12. If the complaint regarding the Goods is accepted, StartUp shall, depending on the Client’s request, repair the Goods, replace the Goods, reduce the price or refund the entire amount paid by the Client in connection with its withdrawal from the Contract.
  13. StartUp shall return the amount due to the Customer using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for the Customer. StartUp shall issue to the Customer an appropriate correction of the proof of purchase (corrective VAT invoice or corrective specification).
  14. StartUp’s liability is limited to the value of the Goods covered by the Contract. StartUp’s liability for damage caused by the non-performance or improper performance of the Digital Service or non-delivery of digital content does not include lost profits.
  15. To the extent not regulated in the Terms and Conditions, to determine the rights and obligations of the Client and StartUp in the event of a defect in the goods / non-performance / improper performance of the Agreement by StartUp, the relevant provisions of the common law shall apply, in particular the Law on Consumer Rights and the Civil Code.
  16. StartUp’s liability for defects in Goods, Services and Digital Services, is excluded in the case of Agreements concluded for the benefit of a Customer who is not:
    1. Consumer;
    2. a natural person concluding an agreement with StartUp directly related to his/her business activity, when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity.
  17. Goods offered by StartUp may be covered by a manufacturer’s warranty. The warranty is exercised under the terms of the warranty statement. StartUp does not provide its own warranty for the Goods offered.

§ 5 Provision of Services

  1. StartUp provides Clients with Services, the type, scope and detailed description of which are indicated on the Website. Services consist, in particular, of the service of sale of leather products and make-up removal.
  2. Services are provided in the manner indicated on the Website, in particular on the page relating to a given Service.
  3. StartUp posts information on the Site on how the Customer may place an order for Services. In order to place an order, the Client indicates the Services in which he/she is interested, and then enters the data necessary to conclude the Agreement and perform the Service, including the method of performance of the Service (if applicable) and the method of payment.
  4. If a button or similar function is used to place an order on the Service, it is marked in an easily readable manner with the words “I buy and pay”.
  5. Placing and approving an order entails payment by the Customer of the fee for the Services and any additional costs. Confirmation of the order by StartUp is the moment when the contract for the provision of Services is concluded between StartUp and the Customer.
  6. The Client is informed of the date of commencement and termination of the Services prior to the conclusion of the Agreement, in particular through the Website.
  7. If, at the express request of the Client, the performance of the Service is to begin before the expiration of the deadline for withdrawal from the Agreement concluded off-premises, StartUp requires the Client to submit a statement:
    1. containing such express request on a durable medium;
    2. that he/she has acknowledged that he/she has lost the right to withdraw from the contract upon its full performance by StartUp .
  8. In the event that the Customer does not express consent to the commencement of performance of the Service before the expiration of the deadline for withdrawal from the Agreement, delivery of the Service shall take place after the expiration of the deadline for withdrawal by the Customer from the Agreement, unless StartUp in the Service does not offer the Customers the possibility to conclude Agreements without such consent.
  9. The Customer may terminate the Agreement for the provision of Services, in writing or by document, by giving 14 days’ notice effective at the end of a calendar month.
  10. StartUp may terminate the Service Agreement, in writing or in a document, by giving 1 month’s notice effective at the end of a calendar month, for valid reasons. The parties consider valid reasons to be:
    1. discontinuance or StartUp’s decision to discontinue the operation of the organized part of StartUp’s enterprise , indicated in § 1;
    2. significant change or StartUp’s decision to significantly change the subject of activity of the organized part of StartUp’s enterprise , indicated in § 1;
    3. A significant reorganization of StartUp’s enterprise;
    4. occurrence of failure or hindrances (in particular technical), not attributable to StartUp, preventing or significantly hindering the provision of Services to the Customer;
    5. Client’s delay in payment of remuneration to StartUp;
    6. A material breach of the Agreement or the Regulations by the Client.

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

  1. A complaint regarding Services not provided in accordance with the Agreement should contain a demand, depending on the nature of the Service.
  2. A complaint regarding non-compliance of the Service with the Agreement will be considered within 14 (in words: fourteen) days of its receipt.
  3. In case StartUp does not respond to the complaint within the time limit, it is assumed that the complaint has been accepted.
  4. StartUp shall inform the Client of the outcome of the complaint on paper or other durable medium.
  5. If the complaint regarding the Service is accepted, StartUp shall perform the Service correctly, refund all or part of the remuneration received to the Client, or make other payments to the Client, depending on the type of Service and the circumstances of the case.
  6. StartUp’s liability is limited to the value of the unperformed or improperly performed Service. StartUp’s liability for damage caused by non-performance or improper performance of the Service does not include lost profits.
  7. StartUp’s liability for defects in the Services, as well as for non-performance / improper performance of the agreement concluded with the Client, is excluded in the case of agreements concluded for the Client who is not:
    1. Consumer;
    2. a natural person entering into an agreement with StartUp directly related to his/her business activity, when the content of the agreement shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity.

§ 7 Agreement for the provision of digital content or digital service.

The provisions of this paragraph and the following paragraph of the Regulations, in accordance with the provisions of Chapter 5b of the Law of May 30, 2014 on Consumer Rights, shall apply to Contracts for the Provision of Digital Content or Digital Service concluded with:

    1. Consumer, or
    2. a natural person entering into an agreement directly related to his/her business activity, when it follows from the content of the agreement that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
  1. StartUp shall post on the Site information on how the Customer may place orders for Digital Services. In order to place an order, the Customer, in particular, indicates the Digital Services in which he/she is interested, and then enters the data necessary to conclude the Agreement and perform the Digital Service, including the method of performance of the Service (if applicable) and the method of payment.
  2. If a button or similar function is used to place an order on the Service, it is marked in an easily readable manner with the words “I buy and pay”.
  3. Placing and approving an order entails the Customer’s obligation to pay for the digital Services and any additional costs. Confirmation of the order by StartUp is the moment of conclusion of the contract for digital Services with the Customer.
  4. StartUp shall deliver the digital content or digital service to the Customer immediately after the conclusion of the Agreement, unless the parties have agreed otherwise, in particular, a different term is indicated on the Website on the page of the Digital Service in question. The provision does not apply if the Agreement provides for the delivery of digital content via a tangible medium. If the Customer does not agree to the performance before the expiration of the deadline for withdrawal from the Agreement, the delivery of the service shall take place after the expiration of the deadline.
  5. StartUp informs that the expression of consent referred to in the preceding paragraph shall result in the loss of the Client’s right to withdraw from the Agreement
  6. StartUp may, for valid reasons, make a change to the digital content or digital service that is not necessary for its compliance with the Agreement. Valid reasons are considered, in particular, important interests of the Client or StartUp. StartUp shall inform the Customer in a clear and understandable manner of the change made. If the change materially and adversely affects the Customer’s access to or use of the digital content or digital service, StartUp is obliged to inform the Customer well in advance on a durable medium about the characteristics and timing of the change and the right to terminate the Agreement without notice. The Customer may terminate the Agreement without notice within 30 days from the date of the change.
  7. The Customer may terminate the Agreement for the provision of digital content or Digital Services in writing or in a document with 14 days’ notice effective at the end of a calendar month.
  8. StartUp may terminate the Agreement for the provision of digital content or Digital Services in writing or in document form, by giving 1 month’s notice effective at the end of a calendar month, for valid reasons. The parties consider valid reasons to be:
    1. discontinuance or StartUp’s decision to discontinue the operation of the organized part of StartUp’s enterprise , indicated in § 1;
    2. significant change or StartUp’s decision to significantly change the subject of activity of the organized part of StartUp’s enterprise indicated in § 1;
    3. Significant reorganization of StartUp’s enterprise;
    4. occurrence of failure or significant impediments (especially technical) in the operation of the Site, not attributable to StartUp;
    5. Client’s delay in payment of remuneration to StartUp;
    6. a material breach of the Agreement or the Terms and Conditions by the Client.
  9. To the extent not regulated in this paragraph, the provisions of Chapter 5b of the Law on Consumer Rights shall apply.

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

  1. If StartUp has not delivered the digital content or digital service, the Customer shall call on StartUp to deliver it. If StartUp fails to deliver the digital content or digital service immediately or within an additional period of time expressly agreed by the parties, the Customer may withdraw from the Agreement. The provision does not apply if the contract provides for the delivery of digital content via a tangible medium.
  2. StartUp shall be liable for the non-conformity with the contract of the digital content or digital service delivered:
    1. at one time or in parts, which existed at the time of delivery and became apparent within two years from that time;
    2. on a continuous basis, which occurred or became apparent at the time they were to be delivered in accordance with the contract.
  3. If the digital content or digital service is not in compliance with the contract, the Customer may demand that it be brought into compliance with the contract.
  4. StartUp may refuse to bring the digital content or digital service into conformity with the contract if bringing the digital content or digital service into conformity with the contract is impossible or would require excessive costs for StartUp.
  5. If the digital content or digital service is not in compliance with the contract, the customer may submit a statement of price reduction or withdrawal from the contract when:
    1. bringing the digital content or digital service into conformity with the contract is impossible or requires excessive costs pursuant to Article 43m (2) and (3) of the Law on Consumer Rights;
    2. StartUp has failed to bring the digital content or digital service into conformity with the contract in accordance with Article 43m (4) of the Consumer Rights Act;
    3. the failure of the digital content or digital service to conform to the contract continues even though StartUp has attempted to bring the digital content or digital service into conformity with the contract;
    4. the lack of conformity of the digital content or digital service with the contract is significant enough to justify either a price reduction or withdrawal from the contract without first taking advantage of the measure of protection set forth in Article 43m of the Consumer Rights Act;
    5. it is clear from StartUp’s statement or circumstances that it will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.
  6. The reduced price must remain in such proportion to the contract price as the value of the non-conforming digital content or digital service remains to the value of the conforming digital content or digital service. If the contract stipulates that the digital content or digital service is delivered in parts or continuously, the price reduction must take into account the time during which the digital content or digital service remained non-conforming.
  7. The customer may not withdraw from the contract if the digital content or digital service is provided in exchange for payment of a price, and the digital content or digital service’s non-conformity with the contract is immaterial.
  8. If the Customer withdraws from the contract, StartUp may demand the return of the tangible medium on which it delivered the digital content within 14 days from the date of receipt of the Customer’s statement of withdrawal from the contract. The Customer shall return the medium immediately.
  9. If the Customer withdraws from the contract, StartUp is obliged to return the price only in the part corresponding to the digital content or service that does not comply with the contract, as well as the digital content or digital service, the obligation to provide which has fallen off as a result of the withdrawal.
  10. StartUp shall refund the price using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for the Customer.
  11. StartUp’s liability is limited to the value of the digital content or Digital Service that was to be delivered. StartUp’s liability for damages caused by the non-performance or improper performance of the Digital Service or failure to deliver the Digital Content does not include lost profits.
  12. A complaint regarding the failure of the Digital Service to comply with the Agreement will be investigated within 14 (in words: fourteen) days of its receipt.
  13. In case StartUp does not respond to the complaint within the time limit, it is assumed that the complaint has been accepted.
  14. StartUp shall inform the Client of the outcome of the complaint on paper or other durable medium.
  15. StartUp’s liability for non-conformity of digital content or Digital Service with the Agreement, as well as non-performance / improper performance of the Agreement concluded with the Customer, is excluded for Agreements concluded with a Customer who is not:
    1. Consumer;
    2. a natural person entering into an agreement with StartUp directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

§ 9 Product prices and cost of delivery

The prices displayed next to the Products offered on the Site are gross prices, i.e. they include value added tax (VAT). Prices are given in Polish currency (zloty – PLN).

  1. The price listed next to a given Product does not include shipping costs.
  2. Shipping costs are borne by the Customer, unless the content of the StartUp offer on the Site states otherwise.
  3. The total amount that the Customer must pay in connection with the purchase of the selected Product consists of the price of the Product and the cost of delivery.
  4. Unless StartUp has specified otherwise in the Service on the page of the Product in question or in the course of the Customer’s order, the methods of delivery of the Products are as follows:
    1. in the case of Goods – shipment to the address provided by the Customer or by personal pick-up at StartUp’s premises;
    2. in the case of Digital Services – to the e-mail address provided by the Client;
    3. in the case of other Services – in the manner specified on the Site on the page of the given Service or in the course of placing an order by the Customer, resulting in particular from the type of Service.
  5. On the Site, StartUp shall clearly indicate, at the latest at the beginning of the Customer’s order placement, clear and legible information about the restrictions on delivery of the Product.

§ 10 Methods of payment

  1. On the Site, StartUp shall clearly indicate, at the latest at the beginning of the Customer’s order placement, clear and legible information about the accepted methods of payment.
  2. If StartUp has not specified a different payment method on the Site for a given Product or in the course of placing an order by the Customer, the Customer shall pay in one of the following ways: bank transfer
  3. by bank transfer using one of the electronic payment systems accepted by StartUp, allowing to make quick payments for the order;
  4. by ordinary bank transfer, to the account indicated by StartUp.
  5. In order to use one of the electronic payment systems, the customer must accept the terms and conditions of use of the electronic payment system in question. The list of electronic payment systems available on the Site is available when finalizing the order.
  6. In the event of withdrawal from the contract, the refund shall be made in the same manner in which the payment was made by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for him.
  7. StartUp does not allow Customers to make payments in cash.

§ 11 Right of withdrawal

  1. The provisions of this paragraph shall apply to the Customer who is a Consumer, or to a natural person who concludes an agreement with StartUp directly related to his/her business activity, when the content of the agreement shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
  2. The customer indicated in paragraph 1 has the right to withdraw from the Agreement without giving any reason
  3. and incurring costs, unless the provisions of generally applicable law or these Regulations provide otherwise. The Agreement from which the Customer indicated in paragraph 1 has withdrawn is considered not concluded.
  4. To withdraw from the contract it is sufficient to submit a statement of withdrawal and send it to StartUp, within 14 (in words: fourteen) days.
  5. The period for withdrawal from the contract begins:
    1. for a Contract in the performance of which StartUp delivers the Goods, being obliged to transfer their ownership – from the taking of possession of the Goods by the Customer or a third party other than a carrier indicated by the Customer, and in the case of a Contract which:
      • includes multiple Goods that are delivered separately, in batches or in parts – from taking possession of the last Goods, their batches or parts,
      • involves the regular delivery of Goods for a specified period of time – from taking possession of the first of the Goods;
    2. for other Contracts – from the date of conclusion of the Contract.
  6. To meet the deadline for withdrawal from the Agreement it is sufficient:
  7. sending a written statement to the address of StartUp indicated in the Regulations or the Website, or
  8. sending a statement in documentary form to the StartUp email address indicated in the Terms and Conditions or the Website.
  9. StartUp shall immediately send to the Customer, on a durable medium, an acknowledgment of receipt of the statement of withdrawal, made electronically.
  10. In the event of withdrawal from the contract, the Customer is obliged to return the purchased Product immediately, no later than within 14 (in words: fourteen) days of withdrawal from the contract, unless StartUp offered to collect the Goods itself. To meet the deadline it is sufficient to send back the Goods before its expiration. The costs of returning the Goods shall be borne by the Customer.
  11. If the Customer withdraws from the contract, StartUp is obliged to refund the Customer the amount paid for the Product and the shipping costs to the Customer, within no more than 14 (in words: fourteen) days from the date of receipt of the declaration of intent to withdraw from the contract. However, if the Customer has chosen a method of delivery of the Product other than the cheapest method offered on the Website for the order, StartUp is not obliged to reimburse the Customer for the additional costs incurred by the Customer.
  12. StartUp will refund the payment using the same method used by the Customer, unless the Customer agrees with StartUp on a different method of refund that does not involve any costs for the Customer.
  13. StartUp may withhold reimbursement of payments, received from the Customer, until it receives the Product back or the Customer provides proof of its return, whichever event occurs first.
  14. If the Customer has sent a statement of withdrawal from the contract before receiving the order confirmation from StartUp, the order is cancelled.
  15. The Customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and properties of the Goods.
  16. The right to withdraw from the contract does not apply to the Customer in the cases indicated in the Law of May 30, 2014 on consumer rights, in particular with regard to contracts:
    1. for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract, and has accepted it;
    2. in which the price or remuneration depends on fluctuations in the financial market, which the trader does not control, and which may occur before the expiration of the withdrawal period;
    3. in which the subject of performance is a non-refabricated good, produced to the consumer’s specifications or serving to meet his individualized needs;
    4. in which the subject of the performance is goods subject to rapid deterioration or having a short shelf life;
    5. in which the subject of performance is goods supplied in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
    6. in which the subject of the performance are goods that after delivery, due to their nature, are inseparably combined with other things;
    7. in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
    8. in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides additional services other than those which the consumer requested, or supplies goods other than the spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or goods;
    9. in which the object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
    10. for the supply of newspapers, periodicals or magazines, except for a subscription contract;
    11. concluded through a public auction;
    12. for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
    13. o the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the trader has started the performance with the express and prior consent of the consumer, who was informed before the start of the performance that after the performance by the trader he will lose the right to withdraw from the contract, and accepted it, and the trader has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Law on Consumer Rights.
    14. statement of services for which the consumer is obliged to pay the price, where the consumer has expressly requested the entrepreneur to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
  17. StartUp will also correct the proofs of purchase previously provided to the Customer (corrective VAT invoice or corrective specification).

§ 12 Refund of the amount paid by the Customer

StartUp will refund the money, within 14 (in words: fourteen) calendar days, using the same means of payment that were used by the Client at the time of payment, unless the Client has expressly agreed to a different method of refund that does not involve any costs for him, in the case of:

  1. withdrawal from the contract in whole or in part (in which case an appropriate part of the price is refunded) in the case of an order prepaid before its execution;
  2. recognition of the complaint and the inability to repair the damaged Goods or replace them with new ones, or to provide the Service / Digital Service in accordance with the contract;
  3. recognition of the right to request a reduction in the price of the Product.

§ 13 Newsletter

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

§ 14 Contact details of StartUp

The Customer may contact StartUp:

  • by phone, at +48 883 222 255;
  • via e-mail, at: info@goodluckmua.com

§ 15 Final Provisions

  1. StartUp informs that the use of services provided electronically involves risks resulting from the public nature of the Internet, including
  2. in particular with the possibility of obtaining or modifying the Client’s transmitted data by unauthorized third parties. In order to minimize the above risks, the Customer should use appropriate security measures, including.
  3. in particular, use anti-virus programs, have up-to-date versions of web browsers and operating systems, and do not use open access points.
  4. To the fullest extent permitted by law, StartUp is not responsible for the blocking by mail server administrators of the transmission of messages to the e-mail address indicated by the Client, and for the deletion and blocking of e-mail messages by software installed on the computer used by the Client.
  5. StartUp is not responsible for the equipment and infrastructure used by the Client, including malfunctioning of public data communications networks, causing, for example, lack of or interference with access to the Website.
  6. StartUp informs that the display of the visualization of the Products in the Client’s ICT system, when using the Website, depends on a number of factors, including the type of display matrix, aspect ratio, resolution, method of its backlighting, the technologies used and the efficiency of the control electronics and settings. Discrepancies between the visualization available in the Customer’s ICT system and the actual appearance of the Product, cannot be the basis for a complaint.
  7. StartUp informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials or photos posted on the Site are subject to legal protection and are used by StartUp for informational purposes only.
  8. StartUp, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in functioning of the Website caused by force majeure, unauthorized actions of third parties or incompatibility of the Website with the Client’s technical infrastructure.
  9. StartUp reserves the right to temporarily suspend operation of the Website, in particular for maintenance, development or modernization work.
  10. All names of Products offered on the Website are used for identification purposes and may be protected or reserved under the provisions of the Industrial Property Law.
  11. StartUp notes that the Website contains content protected by intellectual property law, in particular works protected by copyright (content posted on the Website, layout, graphics, photos, etc.) . Customers and visitors to the Website agree to respect StartUp’s and third parties’ intellectual property rights (including copyrights and industrial property rights such as those arising from trademark registration). The Client or visitor to the Website shall be solely responsible for failure to comply with the provisions of this section.
  12. The Client shall not post on the Website content that is unlawful, illegal, immoral or violates the welfare of third parties, as well as shall not publish links to pornographic, obscene or offensive to the dignity of others.
  13. The Client is obliged to refrain from any activity that could affect the proper functioning of the Website, including, in particular, from any interference with the way the Website works or its technical elements.
  14. StartUp undertakes to inform registered Customers of the Website of any change to the Regulations by sending an e-mail to the e-mail address provided during registration, and the Customer, upon receipt of such information, will be able to delete the Account at any time. The amendment of the Terms and Conditions does not affect Agreements concluded before the effective date of the amendments.
  15. In matters not regulated by the Regulations, the applicable provisions of Polish law shall apply, including in particular the provisions of:
  • the Act of April 23, 1964 Civil Code;
  • the Act of May 30, 2014 on consumer rights;
  • the Act of July 18, 2002 on the provision of electronic services.
  1. Disputes related to the Agreements concluded on the basis of the Regulations will be resolved by a court with jurisdiction over StartUp. This provision does not apply to Agreements concluded with a Consumer.
  2. The use of a specific method of out-of-court dispute resolution is possible only with the mutual consent of 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 Commercial Inspection Inspectorates, as well as at district (city) consumer advocates.
  3. The regulations are effective as of November 12, 2024.

Communication on out-of-court dispute resolution

In accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of

May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation

on ODR in consumer disputes), the Foundation for Enterprise Development “Your Startup” based in Warsaw hereby provides an electronic link to the online ODR (online dispute resolution) platform: https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court resolution of disputes between businesses

and consumers. Settlement of disputes by this method is voluntary.

SAMPLE WITHDRAWAL FORM

(this form should be completed and sent back only if you wish to withdraw from the contract)

………………………………………………

(Name of the person submitting the letter)

………………………………………………

………………………………………………

(Address of the person submitting the letter)

Entrepreneurship Development Foundation

“Your StartUp”

Atlas Tower, Al. Jerozolimskie 123a, 18th floor,

02-017 Warsaw

Delivery address:

04-381 Warsaw

ul. Wojciecha Chrzanowskiego 2/7

Alona Suchodolska

WITHDRAWAL FROM THE AGREEMENT

I, the undersigned, hereby withdraw from the following agreement:

  1. Date of contract ………………………………………………………
  1. Contract / order number ……………………………………………………………….
  1. Subject of the contract ……………………………………………………………

……………………………

Customer’s signature

Date: ………………………….

COMPLAINT FORM

(This form should be filled out and returned only if you wish to make a complaint)

………………………………………………

(Name of the person submitting the letter)

………………………………………………

………………………………………………

(Address of the person submitting the letter)

Entrepreneurship Development Foundation

“Your StartUp”

Atlas Tower, Al. Jerozolimskie 123a, 18th floor,

02-017 Warsaw

Delivery address:

04-381 Warsaw

ul. Wojciecha Chrzanowskiego 2/7

Alona Suchodolska

COMPLAINT

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

………………………………………………………………………………………………….

Reason for complaint: ……………………………………….

………………………………………………………………………………………………….

………………………………………………………………………………………………….

………………………………………………………………………………………………….

………………………………………………………………………………………………….

………………………………………………………………………………………………….

(describe the reason for the complaint)

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

………………………………………………………………………………………………….

………………………………………………………………………………………………….

……………………………

Client’s signature

Date: ………………………….