TERMS AND CONDITIONS
§ 1 General Provisions.................................................................................................................... 1
§ 2 Technical Requirements Necessary to Use the Website ......................................................... 3
§ 3 Sale of Goods – Terms and Order Fulfilment Time ................................................................. 4
§ 4 Liability for Non-Conformity of Goods with the Agreement ...................................................... 5
§ 5 Provision of Services ................................................................................................................ 6
§ 6 Liability for Non-Conformity of Services with the Agreement ................................................... 7
§ 7 Agreements for the Supply of Digital Content or Digital Services ............................................ 8
§ 8 Liability for Non-Conformity of Digital Content or Digital Services with the Agreement .......... 9
§ 9 Product Prices and Delivery Costs ......................................................................................... 11
§ 10 Payment Methods ................................................................................................................. 11
§ 11 Right of Withdrawal from the Agreement ............................................................................. 12
§ 12 Refund of Amounts Paid by the Customer ........................................................................... 14
§ 13 Newsletter ............................................................................................................................. 15
§ 14 StartUp Contact Details ........................................................................................................ 15
§ 15 Final Provisions ..................................................................................................................... 15
Notice on Out-of-Court Dispute Resolution .................................................................................. 17
MODEL WITHDRAWAL FORM .................................................................................................... 18
MODEL COMPLAINT FORM ....................................................................................................... 19
§ 1 General Provisions
1. The bumper4fiat124spider website operating at bumper4fiat124spider.com (hereinafter: the
“Website”) is operated by: Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”, with its
registered office in Warsaw, at ul. Żurawia 6/12 lok. 766, 00-503 Warsaw, correspondence
address: Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw, entered in the Register
of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of
Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number
0000442857, NIP number: 521-364-12-11, REGON number: 146433467, BDO number:
000460502.
2. The provisions of these Terms and Conditions concern activities performed for Fundacja Rozwoju
Przedsiębiorczości “Twój StartUp” by an organised part of the enterprise named LUMA, operating
within a Branch of Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”, represented by Marcin
Łukasiewicz (e-mail address: bumper4fiat124spider@gmail.com tel.: 793931122). The person
indicated in this paragraph is designated by Fundacja Rozwoju Przedsiębiorczości “Twój StartUp”
as the contact person for the implementation of these Terms and Conditions.
3. These Terms and Conditions specify in particular:
a) the rules for using the Website;
b) the terms for placing orders for Products available on the Website;
c) the time and rules for fulfilling orders;
d) the terms and methods of payment;
e) the Customer’s rights to withdraw from the Agreement;
f) the rules for submitting and handling complaints;
g) special rights of a Customer who is a consumer.
4. StartUp sells Goods and provides Services through the Website using means of distance
communication. Agreements concluded by the Customer with StartUp through the Website are
distance agreements within the meaning of the Act of 30 May 2014 on Consumer Rights.
5. The Customer is entitled and obliged to use the Website in accordance with its intended purpose
and the principles of social coexistence and good practice.
6. Browsing the Website does not require registration, and placing orders for Products independently
by the Customer does not require registration of an account.
7. The Terms and Conditions are available free of charge on the Website in a form enabling their
retrieval, reproduction and storage.
8. The Customer is obliged to read the Terms and Conditions. Use of the Website is possible only
after reading and accepting the Terms and Conditions.
9. A Customer may be a person with full legal capacity.
10. The terms used in these Terms and Conditions shall have the following meanings:
a) StartUp – Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” with its registered office
in Warsaw, ul. Żurawia 6/12 lok. 766, 00-503 Warsaw, correspondence address: Atlas
Tower, Aleje Jerozolimskie 123A, 18th floor, 02-017 Warsaw, entered in the Register of
Entrepreneurs of the National Court Register kept by the District Court for the Capital City
of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under
number 0000442857, NIP: 521-364-12-11, REGON: 146-433-467, BDO: 000460502;
b) Customer – a person using the Website and purchasing Goods or Services provided by
StartUp through the Website;
c) Consumer – a natural person performing a legal act with an entrepreneur that is not directly
related to that person’s business or professional activity;
d) Services – services provided by StartUp and offered to Customers through the Website,
excluding Digital Services;
e) Digital Service – a digital service within the meaning of Article 2 point 5a of the Act of 30
May 2014 on Consumer Rights, provided by StartUp and offered to Customers through
the Website;
f) Goods – movable items sold by StartUp to Customers through the Website;
g) Products – Goods, Services or Digital Services;
h) Website – the website at bumper4fiat124spider.com through which StartUp provides
electronic services to the Customer, offers Products to Customers and enables the
conclusion of agreements;
i) Agreement – an agreement concluded between StartUp and the Customer through the
Website;
j) Account – an individual Customer account on the Website, enabling the Customer, after
logging in, to use Services and Digital Services and conclude Agreements;
k) business days – all days except Saturdays, Sundays and statutory public holidays;
l) web interface – any type of software, including a website or part thereof and an application,
including a mobile application, operated by StartUp or on its behalf, which serves to
provide Customers with access to StartUp’s goods or services for the purpose of
concluding a transaction concerning such Goods or Services;
m) Terms and Conditions – these Terms and Conditions.
11. If there is a justified suspicion that the Customer has provided false data, StartUp shall have the
right to withdraw from the performance of the Agreement, notifying the Customer thereof.
12. If the Customer provides incorrect or inaccurate data, including in particular an incorrect or
inaccurate address, StartUp shall not be liable, to the fullest extent permitted by law, for nondelivery
or delayed delivery of the Goods or failure to perform the Service or Digital Service.
13. The information contained on the Website, including in particular announcements, advertisements
and price lists, does not constitute an offer within the meaning of Article 66 of the Act of 23 April
1964 – Civil Code. The information contained on the Website constitutes an invitation to conclude
an Agreement as described in Article 71 of the Civil Code.
14. StartUp is obliged to provide a Customer who is a Consumer, in a clear and visible manner,
immediately before the Customer places an order, with information in particular about:
a) the main characteristics of the performance, taking into account the subject matter of the
performance and the method of communicating with the Customer,
b) the total price or remuneration for the performance including taxes and, where the nature
of the subject matter of the performance does not allow their amount to be reasonably
calculated in advance – the method by which they will be calculated, as well as transport,
delivery, postal and other charges and, where the amount of such charges cannot be
determined – the obligation to pay them;
c) the right to withdraw from the Agreement or the absence of such right and, in the case of
distance agreements concluded through a web interface, also the existence and location
of the withdrawal function referred to in § 11(4)-(5);
d) the duration of the Agreement or the method and grounds for terminating the Agreement
– if the Agreement is concluded for an indefinite period or is to be automatically extended;
e) the minimum duration of the Customer’s obligations arising from the Agreement.
15. If StartUp provides for the possibility of accepting individual (made-to-order) orders from
Customers, such orders may be placed by Customers via the StartUp e-mail address indicated on
the Website. In such a case, StartUp shall prepare a quotation and send it to the e-mail address
indicated by the Customer.
16. The fulfilment time for an individual (made-to-order) order is 30 days from the conclusion of the
Agreement, unless StartUp informed the Customer, no later than before the order was placed, of
another deadline.
17. The Website serves Customers worldwide.
§ 2 Technical Requirements Necessary to Use the Website
1. To browse the Website, the following are required:
a) a terminal device with access to the Internet,
b) an Internet browser enabling the acceptance of cookies, for example Internet Explorer,
Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in its current version;
c) acceptance of the necessary cookies.
2. To use the Website functionalities, in particular to register on the Website or place orders for
Products, an active e-mail account is required.
3. The Website uses cookies for the proper provision of Services and to ensure security. Blocking
cookies, as well as using external applications designed to block them, may result in the
Website not functioning properly and may prevent the proper provision of the Service, for which
StartUp shall not be liable.
§ 3 Sale of Goods – Terms and Order Fulfilment Time
1. Through the Website, StartUp concludes sales agreements for Goods with Customers. Under a
sales agreement, StartUp undertakes to transfer ownership of the Goods to the Customer and
deliver the Goods, while the Customer undertakes to accept the Goods and pay StartUp the price.
2. To place an order, the Customer indicates the Goods in which they are interested by using the
“Add to cart” command displayed on the page of the relevant Goods or another equivalent wording,
and then provides the required data and selects the delivery and payment method.
3. The shopping cart offers the Customer the possibility of:
a) adding and removing Goods and changing their quantities;
b) indicating the address to which the Goods are to be delivered and providing the data necessary
to issue an invoice;
c) selecting the delivery method;
d) selecting the payment method;
e) adding a discount code (if applicable).
4. The Customer places an order by confirming the order and selecting a button marked with the
words “order with an obligation to pay” or another equivalent and unambiguous wording.
5. Placing and confirming an order entails an obligation for the Customer to pay the price of the
Goods and delivery costs. Confirmation of the order by StartUp constitutes the moment of
conclusion of the sales agreement between StartUp and the Customer.
6. The purchased Goods shall be shipped within 30 business days from the moment payment is
confirmed in StartUp’s bank account, unless the Terms and Conditions provide otherwise or
StartUp informed the Customer immediately before the order was placed of another deadline.
7. Goods purchased through the Website are shipped to the address provided by the Customer.
8. Orders may be placed through the Website 24 (in words: twenty-four) hours a day, 7 (in words:
seven) days a week. Orders placed on Saturdays, Sundays or statutory public holidays shall be
processed on the next business day.
9. If only part of an order can be fulfilled, StartUp may, before confirming the order, offer the
Customer:
a) cancellation of the entire order (if the Customer chooses this option, StartUp shall be released
from the obligation to fulfil the order);
b) cancellation of the order to the extent in which fulfilment is not possible within the specified
time (if the Customer chooses this option, the order shall be fulfilled in part, while StartUp shall
be released from the obligation to fulfil it to the remaining extent);
c) performance of a substitute service, to be agreed with the Customer. Once approved by the
Customer, the substitute service shall be treated as final;
d) division of the order and setting a new fulfilment deadline for the part of the order that cannot
be fulfilled within the originally specified time (if the Customer chooses this option, the Goods
comprising the order shall be sent in several separate shipments, and the Customer shall bear
the additional costs associated with dividing the order into several shipments).
10. If the Goods ordered by the Customer are unavailable or the Customer’s order cannot be fulfilled
for other reasons, StartUp shall inform the Customer by e-mail within 7 (in words: seven) days of
the conclusion of the Agreement.
11. If payment for Goods that cannot be delivered in whole or in part has been made in advance,
StartUp shall refund the amount paid by the Customer (or the difference) within 14 (in words:
fourteen) days of the conclusion of the Agreement, in accordance with the rules specified in detail
in these Terms and Conditions.
12. StartUp may post on the Website, in relation to particular Goods, information on the number of
business days within which the shipment of the purchased Goods will be dispatched. This
information indicates the period from confirmation of the order to shipment of the ordered Goods.
The order fulfilment time is stated taking into account the time required to complete all ordered
Goods.
§ 4 Liability for Non-Conformity of Goods with the Agreement
1. The provisions of this section of the Terms and Conditions, pursuant to Chapter 5a of the Act of
30 May 2014 on Consumer Rights, apply to StartUp’s liability for non-conformity of the Goods with
an Agreement 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 is not of a professional nature for that
person, arising in particular from the subject of their business activity disclosed on the
basis of the provisions on the Central Register and Information on Business Activity.
2. StartUp undertakes that the Goods offered are free from physical and legal defects.
3. The Customer has the right to submit a complaint in the event of non-conformity of the Goods with
the Agreement.
4. The Customer shall submit a complaint in writing or in documentary form to StartUp’s e-mail
address.
5. A complaint concerning defective Goods may contain one of the following requests:
a) repair of the Goods;
b) replacement of the Goods.
6. If the Goods are not in conformity with the Agreement, the Customer may submit a statement on
price reduction or withdrawal from the Agreement where:
a) StartUp refused to bring the Goods into conformity with the Agreement pursuant to Article
43d(2) of the Act of 30 May 2014 on Consumer Rights;
b) StartUp failed to bring the Goods into conformity with the Agreement pursuant to Article
43d(4)-(6) of the Act of 30 May 2014 on Consumer Rights;
c) the non-conformity of the Goods with the Agreement continues despite StartUp having
attempted to bring the Goods into conformity with the Agreement;
d) the non-conformity of the Goods with the Agreement is so significant that it justifies a price
reduction or withdrawal from the Agreement without first using the remedies specified in
Article 43d of the Act of 30 May 2014 on Consumer Rights;
e) it is clear from StartUp’s statement or the circumstances that StartUp will not bring the
Goods into conformity with the Agreement within a reasonable time or without excessive
inconvenience to the consumer.
7. A complaint concerning defects in the Goods shall be considered within 14 (in words: fourteen)
days of its receipt.
8. If StartUp fails to respond to the complaint within the prescribed time, the complaint shall be
deemed accepted.
9. StartUp shall inform the Customer of the outcome of the complaint on paper or another durable
medium.
10. 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 Agreement.
11. StartUp shall refund the amount due to the Customer using the same method of payment used by
the Customer, unless the Customer has expressly agreed to another refund method that does not
entail any costs for the Customer. StartUp shall issue the Customer with an appropriate correction
of the proof of purchase (corrective VAT invoice or corrective specification).
12. StartUp’s liability is limited to the value of the Goods covered by the Agreement. StartUp’s liability
for damage caused by non-performance or improper performance of a Digital Service or failure to
deliver digital content does not include lost profits.
13. In matters not regulated by these Terms and Conditions, the rights and obligations of the Customer
and StartUp in the event of a defect in the Goods / non-performance / improper performance of
the Agreement by StartUp shall be governed by the applicable generally binding provisions of law,
in particular the Act on Consumer Rights and the Civil Code.
14. StartUp’s liability for defects in Goods, Services and Digital Services is excluded in the case of
agreements concluded for a Customer 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 is not of a professional
nature for that person, arising in particular from the subject of their business activity
disclosed on the basis of the provisions on the Central Register and Information on
Business Activity.
15. The Goods offered by StartUp may be covered by a manufacturer’s warranty. The warranty may
be exercised on the terms specified in the warranty statement. StartUp does not provide its own
warranty for the Goods offered.
§ 5 Provision of Services
1. StartUp provides Customers with Services whose type, scope and detailed description are
indicated on the Website. In particular, the Services consist of the sale of automotive parts
that are elements of visual tuning.
2. Services are provided in the manner indicated on the Website, in particular on the page
concerning the relevant Service.
3. StartUp publishes on the Website information on how the Customer may place an order for
Services. To place an order, the Customer indicates the Services in which they are
interested and then enters the data necessary to conclude the Agreement and perform the
Service, including specifying the method of performance (if applicable) and the payment
method.
4. If a button or similar function is used to place an order on the Website, it shall be clearly
marked with the words “order with an obligation to pay” or other equivalent and unambiguous
wording.
5. Placing and confirming an order entails an obligation for the Customer 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 Customer.
6. The Customer shall be informed of the date on which the Services will commence and end
before the Agreement is concluded, in particular through the Website.
7. If, at the Customer’s express request, performance of the Service is to commence before
expiry of the withdrawal period for an agreement concluded outside the business premises,
StartUp requires the Customer to submit a statement:
a) containing such express request on a durable medium;
b) confirming that the Customer has acknowledged the information that the right of
withdrawal will be lost once StartUp has fully performed the Agreement.
8. If the Customer does not consent to commencement of the performance of the Service
before expiry of the withdrawal period, the Service shall be provided after the withdrawal
period has expired, unless StartUp does not offer Customers the possibility of concluding
Agreements without such consent.
9. The Customer may terminate the Agreement for the provision of Services in writing or in
documentary form, subject to a 1-month notice period effective at the end of a calendar
month.
10. StartUp may terminate the Agreement for the provision of Services in writing or in
documentary form, subject to a 1-month notice period effective at the end of a calendar
month, for important reasons. The parties consider the following to constitute important
reasons:
a) cessation of, or StartUp’s decision to cease, operation of the organised part of StartUp’s
enterprise indicated in § 1;
b) a material change in, or StartUp’s decision to materially change, the business activity of
the organised part of StartUp’s enterprise indicated in § 1;
c) a material reorganisation of StartUp’s enterprise;
d) the occurrence of a failure or obstacles (in particular technical ones), not attributable to
StartUp, preventing or materially hindering the provision of Services to the Customer;
e) the Customer’s delay in paying remuneration to StartUp;
f) a material breach of the Agreement or the Terms and Conditions by the Customer.
§ 6 Liability for Non-Conformity of Services with the Agreement
1. A complaint concerning Services provided inconsistently with the Agreement should contain a
request appropriate to the nature of the Service.
2. A complaint concerning non-conformity of the Service with the Agreement shall be considered
within 14 (in words: fourteen) days of its receipt.
3. If StartUp fails to respond to the complaint within the prescribed time, the complaint shall be
deemed accepted.
4. StartUp shall inform the Customer of the outcome of the complaint on paper or another durable
medium.
5. If a complaint concerning a Service is accepted, StartUp shall perform the Service correctly, refund
all or part of the remuneration received from the Customer, or provide the Customer with other
performance, depending on the type of Service and the circumstances of the case.
6. StartUp’s liability is limited to the value of the Service not performed or improperly performed.
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 Services, as well as non-performance / improper performance of
an agreement concluded with the Customer, is excluded in the case of agreements concluded for
a Customer 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 is not of a professional
nature for that person, arising in particular from the subject of their business activity
disclosed on the basis of the provisions on the Central Register and Information on
Business Activity.
§ 7 Agreements for the Supply of Digital Content or Digital Services
1. The provisions of this section and the following section of the Terms and Conditions, pursuant to
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 is not of a professional nature for that
person, arising in particular from the subject of their business activity disclosed on the
basis of the provisions on the Central Register and Information on Business Activity.
2. StartUp publishes on the Website information on how the Customer may place orders for Digital
Services. To place an order, the Customer indicates in particular the Digital Services in which they
are interested and then enters the data necessary to conclude the Agreement and perform the
Digital Service, including specifying the method of performance (if applicable) and the payment
method.
3. If a button or similar function is used to place an order on the Website, it shall be clearly marked
with the words “order with an obligation to pay” or other equivalent and unambiguous wording.
4. Placing and confirming an order entails an obligation for the Customer to pay the remuneration for
Digital Services and any additional costs. Confirmation of the order by StartUp constitutes the
moment of conclusion of the agreement for the provision of Digital Services with the Customer.
5. StartUp shall provide the Customer with digital content or a Digital Service immediately after the
Agreement is concluded, unless the parties have agreed otherwise, in particular where another
date is indicated on the Website on the page of the relevant Digital Service. This provision does
not apply if the agreement provides for delivery of digital content on a tangible medium. If the
Customer does not consent to performance before expiry of the withdrawal period, the Service
shall be provided after that period has expired.
6. StartUp informs the Customer that giving the consent referred to in the preceding paragraph
results in the Customer losing the right to withdraw from the Agreement.
7. StartUp may, for important reasons, modify digital content or a Digital Service where the
modification is not necessary to maintain its conformity with the Agreement. Important reasons
include, in particular, an important interest of the Customer or StartUp. StartUp shall inform the
Customer clearly and comprehensibly 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 shall inform
the Customer in advance, on a durable medium, of the nature and timing of the change and of the
right to terminate the agreement without notice. The Customer may terminate the agreement
without notice within 30 days from the date of the change.
8. The Customer may terminate the Agreement for the supply of digital content or Digital Services in
writing or in documentary form, subject to a 1-month notice period effective at the end of a calendar
month.
9. StartUp may terminate the Agreement for the supply of digital content or Digital Services in writing
or in documentary form, subject to a 1-month notice period effective at the end of a calendar
month, for important reasons. The parties consider the following to constitute important reasons:
a) cessation of, or StartUp’s decision to cease, operation of the organised part of StartUp’s
enterprise indicated in § 1;
b) a material change in, or StartUp’s decision to materially change, the business activity of
the organised part of StartUp’s enterprise indicated in § 1;
c) a material reorganisation of StartUp’s enterprise;
d) the occurrence of a failure or material obstacles (in particular technical ones) in the
operation of the Website, not attributable to StartUp;
e) the Customer’s delay in paying remuneration to StartUp;
f) a material breach of the Agreement or the Terms and Conditions by the Customer.
10. In matters not regulated in this section, the provisions of Chapter 5b of the Act on Consumer Rights
shall apply.
§ 8 Liability for Non-Conformity of Digital Content or Digital Services with the
Agreement
1. If StartUp has not delivered digital content or a Digital Service, the Customer shall call upon
StartUp to deliver it. If StartUp does not deliver the digital content or Digital Service immediately
or within an additional period expressly agreed by the parties, the Customer may withdraw from
the Agreement. This provision does not apply if the agreement provides for delivery of digital
content on a tangible medium.
2. StartUp shall be liable for non-conformity with the Agreement of digital content or a Digital Service
delivered:
a) once or in parts, where the non-conformity existed at the time of delivery and became
apparent within two years from that time;
b) continuously, where the non-conformity occurred or became apparent during the period in
which, according to the Agreement, it was to be supplied.
3. If digital content or a Digital Service is not in conformity with the Agreement, the Customer may
demand that it be brought into conformity with the Agreement.
4. StartUp may refuse to bring digital content or a Digital Service into conformity with the Agreement
if doing so is impossible or would require excessive costs for StartUp.
5. If digital content or a Digital Service is not in conformity with the Agreement, the Customer may
submit a statement on price reduction or withdrawal from the Agreement where:
a) bringing the digital content or Digital Service into conformity with the Agreement is
impossible or would require excessive costs pursuant to Article 43m(2) and (3) of the Act
on Consumer Rights;
b) StartUp failed to bring the digital content or Digital Service into conformity with the
Agreement pursuant to Article 43m(4) of the Act on Consumer Rights;
c) the non-conformity of the digital content or Digital Service with the Agreement continues
despite StartUp having attempted to bring it into conformity with the Agreement;
d) the non-conformity of the digital content or Digital Service with the Agreement is so
significant that it justifies a price reduction or withdrawal from the Agreement without first
using the remedy specified in Article 43m of the Act on Consumer Rights;
e) it is clear from StartUp’s statement or the circumstances that StartUp will not bring the
digital content or Digital Service into conformity with the Agreement within a reasonable
time or without excessive inconvenience to the Customer.
6. The reduced price must remain in the same proportion to the price under the Agreement as the
value of the digital content or Digital Service that is not in conformity with the Agreement bears to
the value of the digital content or Digital Service that is in conformity with the Agreement. If the
Agreement provides that digital content or a Digital Service is supplied in parts or continuously,
the period during which the digital content or Digital Service remained non-conforming shall be
taken into account when reducing the price.
7. The Customer may not withdraw from the Agreement if the digital content or Digital Service is
supplied in exchange for payment of a price and the non-conformity of the digital content or Digital
Service with the Agreement is insignificant.
8. If the Customer withdraws from the Agreement, StartUp may demand the return of the tangible
medium on which it delivered the digital content within 14 days of receiving the Customer’s
statement of withdrawal. The Customer shall return the medium without undue delay.
9. If the Customer withdraws from the Agreement, StartUp is obliged to refund the price only to the
extent corresponding to the digital content or Digital Service that is not in conformity with the
Agreement and to the digital content or Digital Service whose delivery obligation ceased as a result
of withdrawal from the Agreement.
10. StartUp shall refund the price using the same method of payment used by the Customer, unless
the Customer has expressly agreed to another refund method that does not entail 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 damage caused by non-performance or improper performance of
a Digital Service or failure to deliver digital content does not include lost profits.
12. A complaint concerning non-conformity of a Digital Service with the Agreement shall be considered
within 14 (in words: fourteen) days of its receipt.
13. If StartUp fails to respond to the complaint within the prescribed time, the complaint shall be
deemed accepted.
14. StartUp shall inform the Customer of the outcome of the complaint on paper or another durable
medium.
15. StartUp’s liability for non-conformity with the Agreement of digital content or a Digital Service, as
well as non-performance / improper performance of an Agreement concluded with the Customer,
is excluded in the case of agreements concluded with a Customer 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 is not of a professional
nature for that person, arising in particular from the subject of their business activity
disclosed on the basis of the provisions on the Central Register and Information on
Business Activity.
§ 9 Product Prices and Delivery Costs
1. Prices displayed for Products offered on the Website for the Polish market are gross prices,
meaning that they include VAT. Prices are stated in the Polish currency (zloty – PLN). Prices
displayed for Products offered on the Website for foreign markets are net prices, meaning that
they do not include VAT. Prices are stated in US dollars and euros and apply exclusively to goods
sold for export.
2. The price indicated for a given Product includes the shipping cost.
3. Shipping costs are borne by the Customer unless the content of StartUp’s offer on the Website
provides otherwise.
4. The total amount that the Customer must pay in connection with the purchase of the selected
Product consists of the Product price and the delivery cost.
5. If StartUp has not specified otherwise on the Product page on the Website or during the
Customer’s order process, Products shall be delivered as follows:
a) in the case of Goods – by shipment to the address provided by the Customer or by
personal collection at StartUp’s premises;
b) in the case of Digital Services – to the e-mail address provided by the Customer;
c) in the case of other Services – in the manner specified on the Website on the page of the
relevant Service or during the Customer’s order process, depending in particular on the
type of Service.
6. On the Website, StartUp shall clearly indicate, no later than at the beginning of the Customer’s
order process, clear and legible information on restrictions concerning delivery of the Product.
§ 10 Payment Methods
1. On the Website, StartUp shall clearly indicate, no later than at the beginning of the Customer’s
order process, clear and legible information on the accepted payment methods.
2. If StartUp has not specified otherwise on the Website, on the Product page or during the
Customer’s order process, the Customer shall pay in one of the following ways:
a) by bank transfer using one of the electronic payment systems accepted by StartUp, allowing
quick payment for the order;
b) by ordinary bank transfer to the account indicated by StartUp.
3. To use one of the electronic payment systems, the Customer must accept the terms and conditions
of use of the relevant electronic payment system. The list of electronic payment systems available
on the Website is provided during order finalisation.
4. In the event of withdrawal from the Agreement, the refund shall be made in the same manner in
which the Customer made the payment, unless the Customer has expressly agreed to another
refund method that does not entail any costs for the Customer.
5. StartUp does not allow Customers to make cash payments.
§ 11 Right of Withdrawal from the Agreement
1. The provisions of this section apply to a Customer who is a Consumer or to 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 is not of a professional nature for that person, arising in
particular from the subject of their business activity disclosed on the basis of the provisions on the
Central Register and Information on Business Activity.
2. The Customer referred to in paragraph 1 has the right to withdraw from the Agreement without
giving a reason and without incurring costs, unless generally applicable law or these Terms and
Conditions provide otherwise. An Agreement from which the Customer referred to in paragraph 1
has withdrawn shall be deemed not to have been concluded.
3. To withdraw from the Agreement, it is sufficient to submit a statement of withdrawal and send it to
StartUp within 14 (in words: fourteen) days.
4. A Customer referred to in paragraph 1 who concluded an Agreement through the web interface
may also withdraw from the Agreement by submitting a statement of withdrawal using the
withdrawal function. The statement may concern selected Goods or Services.
5. To withdraw from the Agreement in the manner referred to in paragraph 4, the Customer
completes the withdrawal statement using the withdrawal function available on the Website and
then submits the statement to StartUp using the withdrawal confirmation function.
6. The withdrawal period begins:
a) for an Agreement under which StartUp delivers Goods and is obliged to transfer their
ownership – from the time the Customer or a third party indicated by the Customer other
than the carrier takes possession of the Goods, and in the case of an Agreement that:
covers several Goods delivered separately, in batches or in parts – from taking
possession of the last Goods, batch or part;
involves regular delivery of Goods for a specified period – from taking possession
of the first of the Goods;
b) for other Agreements – from the date of conclusion of the Agreement.
7. To meet the withdrawal deadline, it is sufficient to:
a) send a written statement to the StartUp address indicated in the Terms and Conditions or on
the Website, or
b) send a statement in documentary form to the StartUp e-mail address indicated in the Terms
and Conditions or on the Website, or
c) complete the withdrawal statement using the withdrawal function referred to in paragraphs 4-
5 above and submit it to StartUp using the withdrawal confirmation function.
8. StartUp shall immediately send the Customer, on a durable medium, confirmation of receipt of the
statement of withdrawal submitted electronically. If the Customer submits the statement using the
withdrawal confirmation function referred to in paragraphs 4-5 above, StartUp shall immediately
send the Customer, on a durable medium, confirmation of receipt of the statement of withdrawal
containing its content and the date and time of submission.
9. In the event of withdrawal from the Agreement, the Customer is obliged to return the purchased
Product immediately, no later than within 14 (in words: fourteen) days from withdrawal, unless
StartUp has offered to collect the Goods itself. It is sufficient to send the Goods back before the
deadline. The Customer bears the costs of returning the Goods.
10. If the Customer withdraws from the Agreement, StartUp is obliged to refund the Customer the
amount paid for the Product and the costs of shipping to the Customer within no more than 14 (in
words: fourteen) days from the date of receipt of the statement of withdrawal. However, if the
Customer chose a delivery method other than the cheapest method offered on the Website for the
relevant order, StartUp is not obliged to refund the additional costs incurred by the Customer.
11. StartUp shall refund the payment using the same method used by the Customer, unless the
Customer agrees with StartUp on another refund method that does not entail any costs for the
Customer.
12. StartUp may withhold the refund received from the Customer until it has received the Product back
or the Customer has provided proof of its return, whichever occurs first.
13. If the Customer sent a statement of withdrawal before receiving StartUp’s order confirmation, the
order shall be cancelled.
14. The Customer is liable for any reduction in the value of the Goods resulting from use beyond what
is necessary to establish the nature, characteristics and functioning of the Goods.
15. The right of withdrawal does not apply to the Customer in the cases specified in the Act of 30 May
2014 on Consumer Rights, in particular to agreements:
a) for the provision of services for which the consumer is obliged to pay a price, where the
entrepreneur has fully performed the service with the consumer’s express prior consent,
after the consumer was informed before performance began that they would lose the right
of withdrawal once the entrepreneur had fully performed the service, and acknowledged
this;
b) where the price or remuneration depends on fluctuations in the financial market over which
the entrepreneur has no control and which may occur before the withdrawal period expires;
c) where the subject matter of the performance is a non-prefabricated good manufactured
according to the consumer’s specifications or serving to satisfy the consumer’s individual
needs;
d) where the subject matter of the performance is a good that deteriorates rapidly or has a
short shelf life;
e) where the subject matter of the performance is a good delivered in sealed packaging which
cannot be returned after opening for health protection or hygiene reasons, if the packaging
was opened after delivery;
f) where the subject matter of the performance consists of goods which, after delivery, due
to their nature, become inseparably connected with other items;
g) where the subject matter of the performance consists of alcoholic beverages whose price
was agreed upon at the conclusion of the sales agreement and whose delivery can take
place only after 30 days and whose value depends on market fluctuations over which the
entrepreneur has no control;
h) where the consumer expressly requested the entrepreneur to visit them to carry out an
urgent repair or maintenance; if the entrepreneur additionally provides services other than
those whose performance the consumer requested, or supplies goods other than spare
parts necessarily used for the repair or maintenance, the consumer has the right of
withdrawal in relation to the additional services or goods;
i) where the subject matter of the performance consists of audio or visual recordings or
computer software supplied in sealed packaging, if the packaging was opened after
delivery;
j) for the delivery of newspapers, periodicals or magazines, except for subscription
agreements;
k) concluded by way of a public auction;
l) for the provision of accommodation services other than for residential purposes, carriage
of goods, car rental, catering, leisure services, entertainment, sporting or cultural events,
if the agreement specifies a day or period for the provision of the service;
m) for the supply of digital content not supplied on a tangible medium, for which the consumer
is obliged to pay a price, if the entrepreneur began performance with the consumer’s
express prior consent, after the consumer was informed before performance began that
they would lose the right of withdrawal once the entrepreneur had performed, and
acknowledged this, and the entrepreneur provided the consumer with the confirmation
referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
n) for the provision of services for which the consumer is obliged to pay a price, where the
consumer expressly requested the entrepreneur to visit them to carry out a repair and the
service has already been fully performed with the consumer’s express prior consent.
16. StartUp shall also correct the previously provided proofs of purchase (corrective VAT invoice or
corrective specification).
§ 12 Refund of Amounts Paid by the Customer
StartUp shall refund the funds within 14 (in words: fourteen) calendar days using the same payment
methods used by the Customer for payment, unless the Customer has expressly agreed to another
refund method that does not entail any costs for the Customer, in the event of:
a) withdrawal from the Agreement in whole or in part (in such case the corresponding part of the
price shall be refunded) where the order was paid for in advance before fulfilment;
b) acceptance of a complaint and inability to repair the damaged Goods or replace them with
new Goods, or to provide the Service / Digital Service in accordance with the Agreement;
c) acceptance of the right to request a reduction of the Product price.
§ 13 Newsletter
1. The Customer may consent to receiving commercial information, including commercial information
by electronic means, by selecting the appropriate option in the registration form or through the
Website. If such consent is given, the Customer will receive an information bulletin (Newsletter)
from StartUp at the e-mail address provided by the Customer.
2. The Customer may unsubscribe from the Newsletter at any time by notifying StartUp of their
resignation.
§ 14 StartUp Contact Details
The Customer may contact StartUp:
1) by telephone, at: +48 793931122
2) by e-mail, at: bumper4fiat124spider@gmail.com
§ 15 Final Provisions
1. StartUp informs the Customer that use of services provided electronically involves risks arising
from the publicly accessible nature of the Internet, including in particular the possibility of
unauthorised third parties obtaining or modifying the Customer’s transmitted data. To minimise this
risk, the Customer should use appropriate security measures, including in particular antivirus
software, up-to-date versions of Internet browsers and operating systems, and should not use
open access points.
2. To the fullest extent permitted by law, StartUp shall not be liable for mail server administrators
blocking transmission of messages to the e-mail address indicated by the Customer or for e-mail
messages being deleted or blocked by software installed on the computer used by the Customer.
3. StartUp shall not be liable for the devices or infrastructure used by the Customer, including
malfunctioning public telecommunications networks causing, for example, lack of or disruptions in
access to the Website.
4. StartUp informs the Customer that the display of Product visualisations in the Customer’s IT
system while using the Website depends on a number of factors, including the type of display
panel, aspect ratio, resolution, backlighting method, technologies used, performance of control
electronics and settings. Differences between the visualisation available in the Customer’s IT
system and the actual appearance of the Product cannot constitute grounds for a complaint.
5. StartUp informs the Customer that all trademarks displayed on the Website (logos, logotypes,
brand names, etc.), graphic materials or photographs are legally protected and are used by
StartUp solely for informational purposes.
6. To the fullest extent permitted by law, StartUp shall not be liable for disruptions, including
interruptions, in the operation of the Website caused by force majeure, unlawful actions of third
parties or incompatibility of the Website with the Customer’s technical infrastructure.
7. StartUp reserves the right to temporarily suspend operation of the Website, in particular in order
to carry out maintenance, development or modernisation work.
8. All names of Products offered on the Website are used for identification purposes and may be
protected or registered under the provisions of the Industrial Property Law.
9. StartUp points out that the Website contains content protected by intellectual property law, in
particular works protected by copyright (content posted on the Website, graphic layout, graphics,
photographs, etc.). Customers and persons visiting the Website undertake to respect the
intellectual property rights (including economic copyrights and industrial property rights such as
rights arising from trademark registration) belonging to StartUp and third parties. The Customer or
person visiting the Website bears sole responsibility for failure to comply with the provisions of this
paragraph.
10. The Customer may not post on the Website content that is unlawful, contrary to applicable law,
immoral or infringing the rights or interests of third parties, nor may the Customer publish links to
pornographic, obscene or degrading materials.
11. The Customer is obliged to refrain from any activity that could affect the proper functioning of the
Website, in particular from interfering in any way with the operation of the Website or its technical
elements.
12. StartUp undertakes to inform registered Customers of the Website of any amendment to the Terms
and Conditions by sending an electronic message to the e-mail address provided during
registration, and after receiving such information the Customer may delete the Account at any
time. An amendment to the Terms and Conditions does not affect Agreements concluded before
the amendments enter into force.
13. In matters not regulated by these Terms and Conditions, the applicable provisions of Polish law
shall apply, in particular the provisions of:
1) the Act of 23 April 1964 – Civil Code;
2) the Act of 30 May 2014 on Consumer Rights;
3) the Act of 18 July 2002 on the Provision of Services by Electronic Means.
14. Disputes related to Agreements concluded under these Terms and Conditions shall be resolved
by the court having territorial jurisdiction over StartUp. This provision does not apply to Agreements
concluded with a Consumer.
15. A particular method of out-of-court dispute resolution may be used only with the mutual consent
of the Customer and StartUp. Detailed out-of-court dispute resolution procedures are available on
the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the
websites of the Voivodeship Trade Inspection Inspectorates, as well as from district (municipal)
consumer ombudsmen.
16. The Terms and Conditions shall apply from: 30 September 2026.
Notice on Out-of-Court Dispute Resolution
Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May
2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004
and Directive 2009/22/EC (Regulation on ODR for consumer disputes), Fundacja Rozwoju
Przedsiębiorczości “Twój Startup”, with its registered office in Warsaw, hereby provides an electronic
link to the ODR (online dispute resolution) platform: https://webgate.ec.europa.eu/odr. The ODR
platform enables out-of-court resolution of disputes between entrepreneurs and consumers.
Resolution of disputes by this method is voluntary.
MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the Agreement)
………………………………………………
(Name and surname of the person submitting the form)
………………………………………………
………………………………………………
(address of the person submitting the form)
Fundacja Rozwoju Przedsiębiorczości
“Twój StartUp”
Atlas Tower, Al. Jerozolimskie 123a, 18th floor,
02-017 Warsaw
Correspondence address:
bumper4fiat124spider.gmail.com
WITHDRAWAL FROM THE AGREEMENT
I, the undersigned, hereby withdraw from the following Agreement:
1. Date of conclusion of the Agreement .....................................................................................
2. Agreement / order number ……………………………………………………………….
3. Subject matter of the Agreement ............................................................................................
……………………………
Customer’s signature
Date: ………………………….
MODEL COMPLAINT FORM
(this form should be completed and returned only if you wish to submit a complaint)
………………………………………………
(Name and surname of the person submitting the form)
………………………………………………
………………………………………………
(address of the person submitting the form)
Fundacja Rozwoju Przedsiębiorczości
“Twój StartUp”
Atlas Tower, Al. Jerozolimskie 123a, 18th floor,
02-017 Warsaw
Correspondence address:
bumper4fiat124spider.gmail.com
COMPLAINT
I, the undersigned, hereby submit a complaint concerning the Agreement / order dated
...............................……………. no. ………………………………………., the subject matter of which
was ......................................................................................................................................................
...................................................................................................................................................................
Reason for the complaint:.......................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
(the reason for the complaint should be described)
Accordingly, I request ………………………………………… ..............................................................
...................................................................................................................................................................
...................................................................................................................................................................
……………………………
Customer’s signature
Date: ………………………….