Chapter 1. General provisions and definitions

1. These Terms and Conditions are made available free of charge on the Store website before the relevant Contract is concluded, in a manner that allows the Customer to obtain, reproduce and store their content using the Customer's information and communication system.

2. At the Customer's request, the Terms and Conditions may also be sent by email.

3. The Customer should read the Terms and Conditions before using the Store, creating an Account, subscribing to the Newsletter, requesting an Availability Notification or placing an Order.

4. The following terms have the meanings set out below:

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Chapter 2. Basic and technical information

Seller's details

Kubek Urody Dominik Hoffmann
ul. Obornicka 8A
62-002 Jelonek
Poland
NIP: 9720967924
REGON: 300718188

• Orders, complaints and Electronic Services: sklep@kubekurody.pl;
• personal data matters and reports of illegal content: support@kubekurody.pl;
• general business contact: biuro@kubekurody.pl;
• telephone: +48 732 448 881.

Communication with the Seller may be conducted in Polish or English.

Types of Electronic Services

The Seller provides the following Electronic Services through the Store:

• access to and operation of the Online Store;
• the Order Form and Basket;
• the Account;
• the Newsletter;
• the Product Availability Notification;
• the ability to submit reviews of Products;
• contact and complaint forms;
• the cookie consent management panel.

Electronic Services are provided free of charge. The Customer only bears the ordinary costs of internet access charged under the Customer's agreement with their own telecommunications provider.

Technical requirements

The following are required for the proper use of the Store:

• a device with internet access;
• an up-to-date web browser;
• support for HTTPS;
• JavaScript enabled to the extent required for the operation of the Store;
• support for essential cookies or other essential browser storage mechanisms;
• an active email address for the Account, Orders, Newsletter and Product Availability Notification.

Disabling JavaScript or blocking all essential cookies may prevent some Store functions from operating correctly.

Risks and safe use

The use of electronic services may involve risks typical of the internet, including malware, phishing, unauthorised access to email or an Account, identity impersonation and unsolicited messages.

The Customer should use up-to-date software, protect login credentials, use appropriate security measures and exercise caution when opening links and attachments.

Rules for using the Store

The Customer must use the Store in accordance with the law, these Terms and Conditions, accepted standards of conduct and the intended purpose of each function.

In particular, the following are prohibited:

• providing illegal content;
• infringing personal rights, copyrights, trade marks or other third-party rights;
• transmitting malware or code that interferes with the operation of the Store;
• attempting unauthorised access to systems, Accounts or databases;
• automatically or repeatedly submitting Forms, spam or advertising content;
• bypassing safeguards or placing an excessive load on Store infrastructure;
• impersonating another person or providing information that is not true.

The Seller may temporarily restrict access to a function where this is necessary for maintenance, repairs, security or prevention of abuse. Any restriction will be limited to what is necessary and proportionate.

Conclusion and termination of Electronic Service agreements

An agreement for the use of the Store is concluded when the Customer begins using the Website and ends when the Customer leaves it.

Agreements concerning the Account, Newsletter, Product Availability Notification and reviews are concluded and terminated in accordance with Chapter 4.

Complaints concerning Electronic Services

Complaints concerning Electronic Services may be submitted:

• by email to sklep@kubekurody.pl;
• in writing to: Kubek Urody Dominik Hoffmann, ul. Obornicka 8A, 62-002 Jelonek, Poland.

Where possible, a complaint should contain information identifying the Customer, the Electronic Service concerned, a description of the issue and the requested solution. Missing information will not cause a complaint to be disregarded where its subject matter can still be determined.

The Seller examines complaints without undue delay and no later than 14 days after receipt.

DSA contact point

The Seller's contact point for communications concerning Regulation (EU) 2022/2065 on a Single Market for Digital Services is: support@kubekurody.pl.

Communication through the contact point may be conducted in Polish or English.

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Chapter 3. Personal data

1. The controller of Customers' personal data is Kubek Urody Dominik Hoffmann, ul. Obornicka 8A, 62-002 Jelonek, Poland, NIP 9720967924, REGON 300718188.

2. Personal data may be processed in particular for the following purposes:

• creating and operating an Account;
• accepting and fulfilling an Order;
• concluding and performing a Sales Contract;
• handling payments and delivery;
• issuing accounting documents;
• handling complaints, returns and withdrawals;
• providing the Newsletter after obtaining the required consent;
• providing the Product Availability Notification;
• publishing, verifying and moderating reviews;
• handling illegal-content notices and requests for reconsideration;
• handling correspondence and responding to enquiries;
• complying with the Seller's legal obligations;
• securing the Store and preventing abuse;
• establishing, pursuing or defending legal claims.

3. The legal basis for processing may include:

• the performance of a Contract or steps taken before entering into a Contract;
• a legal obligation binding on the Seller;
• the Seller's legitimate interests;
• the Customer's consent where consent is required.

4. Consents concerning the Newsletter, marketing, analytics, advertising personalisation and other optional purposes are voluntary, separate from an Order and are not a condition for concluding or performing a Sales Contract.

5. Requesting a Product Availability Notification does not subscribe the Customer to the Newsletter.

6. Data may be disclosed to entities supporting the Seller, including hosting and IT providers, email providers, payment operators, carriers, software providers, accountants and legal advisers.

7. Providing personal data is voluntary but may be necessary to perform a selected action, including creating an Account, placing an Order, arranging delivery or receiving the Newsletter or a Product Availability Notification.

8. Detailed information on categories of data, purposes, legal bases, recipients, retention periods, international transfers and data subject rights is set out in the Privacy Policy.

9. Personal data enquiries may be sent to support@kubekurody.pl.

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Chapter 4. Electronic Services

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Chapter 5. Sales

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Chapter 6. Liability and conformity of the Product with the Contract

Consumers and Privileged Entrepreneurs

1. The Seller is liable to a Consumer and Privileged Entrepreneur for conformity of the Product with the Contract in accordance with the Polish Consumer Rights Act.

2. A Product conforms with the Contract where, in particular, the following conform with the Contract:

• description, type, quantity, quality and completeness;
• functionality and safety;
• suitability for a particular purpose communicated to and accepted by the Seller no later than when the Contract was concluded.

3. The Product should also:

• be suitable for purposes for which Products of that type are normally used;
• have the characteristics, durability and safety normally expected for Products of that type;
• be supplied with packaging, accessories and instructions that may reasonably be expected;
• match any sample or model made available before conclusion of the Contract.

4. The Seller is not liable for a departure from objective conformity requirements where, no later than conclusion of the Contract, the Customer was expressly informed of the specific departure and separately and expressly accepted it.

5. The Seller is liable for non-conformity existing when the Product was delivered and disclosed within 2 years of delivery.

6. Non-conformity disclosed within 2 years of delivery is presumed to have existed at delivery unless proved otherwise or unless the presumption is incompatible with the nature of the Product or the nature of the non-conformity.

Repair or replacement

7. In the event of non-conformity, the Customer may request repair or replacement.

8. The Seller may replace instead of repair or repair instead of replace where the remedy chosen by the Customer is impossible or would involve excessive costs.

9. Where both repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the Product into conformity.

10. Repair or replacement is carried out within a reasonable time, without significant inconvenience and free of charge. The Seller bears, in particular, postage, transport, labour and material costs.

11. The Customer makes the Product available to the Seller, and the Seller collects it at its cost or agrees an appropriate method of return.

Price reduction or withdrawal

12. The Customer may make a declaration reducing the price or withdrawing from the Contract where:

• the Seller refused repair or replacement;
• the Seller failed to bring the Product into conformity;
• non-conformity continues despite an attempted repair or replacement;
• non-conformity is sufficiently serious to justify an immediate price reduction or withdrawal;
• the Seller's statement or the circumstances show that conformity will not be achieved within a reasonable time or without significant inconvenience.

13. The reduced price must bear the same proportion to the contractual price as the value of the non-conforming Product bears to the value of a conforming Product.

14. The Seller refunds the amount resulting from the price reduction promptly and no later than 14 days after receiving the Customer's declaration.

15. The Customer may not withdraw where the non-conformity is minor. Non-conformity is presumed to be material.

16. Following withdrawal, the Customer returns the Product at the Seller's expense and the Seller refunds the price promptly, no later than 14 days after receiving the Product or proof that it was returned.

17. The refund is made using the same payment method used by the Customer unless the Customer expressly agrees to another method that does not involve any cost.

Other Customers

18. In relations with Customers who are neither Consumers nor Privileged Entrepreneurs, the Seller's statutory warranty liability under the Polish Civil Code is excluded to the extent permitted by law.

19. For those Customers, the Seller's liability for loss is limited to actual loss and the value of the relevant Order, to the extent permitted by law. The limitation does not apply to loss caused intentionally or where limitation is otherwise prohibited.

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Chapter 7. Complaint procedure

1. A complaint may concern in particular:

• non-conformity of the Product with the Contract;
• Order fulfilment;
• payment or delivery;
• the Account, Newsletter, Product Availability Notification or another Electronic Service.

2. A complaint may be submitted:

• by email to sklep@kubekurody.pl;
• in writing to: Kubek Urody Dominik Hoffmann, ul. Obornicka 8A, 62-002 Jelonek, Poland.

3. A complaint may be made in any form that enables its content to be read. Use of the complaint form is not mandatory.

4. To facilitate handling, it is recommended that the complaint include:

• the Customer's name or business name;
• contact details;
• the Order number where relevant;
• the name of the Product or Service concerned;
• a description of the issue and the date it was identified;
• the Customer's request.

5. Missing information does not suspend the complaint where its subject matter can be determined.

6. Where the Product must be made available to examine the complaint, the Seller informs the Customer how this should be done. For a Consumer, the Seller bears the costs to the extent required by law.

7. The Seller responds to a Consumer complaint without undue delay and no later than 14 days after receipt. If the Seller does not respond within that period, the complaint is deemed accepted where provided by law.

8. For other Customers, the Seller also aims to respond within 14 days unless the nature of the matter justifies a longer period.

9. A response to a Consumer complaint is provided on paper or another durable medium, including email.

Out-of-court dispute resolution

10. A Consumer may use out-of-court complaint and redress procedures, including assistance from a municipal or district consumer ombudsman, the Polish Trade Inspection, mediation or a permanent consumer arbitration court operating through the Trade Inspection.

11. Use of an out-of-court procedure is voluntary and does not restrict the right to bring proceedings before a competent court.

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Chapter 8. Withdrawal from the Contract

1. A Consumer and Privileged Entrepreneur may withdraw from a distance Sales Contract within 14 days without giving a reason.

2. The withdrawal period begins:

• for a Contract covering one item – when the Customer or a third party designated by the Customer other than the carrier takes possession of the Product;
• for several items delivered separately – when the last item is taken into possession;
• for Products delivered in lots or parts – when the last lot or part is taken into possession;
• for regular delivery over a defined period – when the first item is taken into possession.

3. It is sufficient for the withdrawal statement to be sent before the period expires.

4. A withdrawal statement may be sent:

• by email to sklep@kubekurody.pl;
• in writing to: Kubek Urody Dominik Hoffmann, ul. Obornicka 8A, 62-002 Jelonek, Poland.

5. The Customer may use the model withdrawal form made available by the Seller as a PDF document but is not required to do so.

Effects of withdrawal

6. Following effective withdrawal, the Contract is treated as not having been concluded.

7. The Customer must return the Product promptly and no later than 14 days after withdrawing. The deadline is met if the Product is sent before it expires.

8. The Product should be returned to:

Kubek Urody Dominik Hoffmann
ul. Obornicka 8A
62-002 Jelonek
Poland

9. The Customer bears the direct cost of returning the Product unless the Seller agrees to bear it or failed to inform the Customer of that obligation.

10. The Customer is liable for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Product.

11. The Seller refunds payments received, including the cost of the least expensive ordinary delivery method offered by the Store, promptly and no later than 14 days after receiving the withdrawal statement.

12. If the Customer selected a more expensive delivery method, the Seller does not refund the additional cost resulting from that selection.

13. The refund is made using the same payment method used by the Customer unless the Customer expressly agrees to another method that does not involve any cost.

14. Unless the Seller offered to collect the Product, the Seller may withhold the refund until the Product is received or proof of return is provided, whichever occurs first.

Exceptions to the right of withdrawal

15. The right of withdrawal does not apply in the cases provided by law, including a Contract:

• for non-prefabricated Products made to the Customer's specifications or clearly personalised;
• for Products liable to deteriorate or expire rapidly;
• for sealed Products not suitable for return for health protection or hygiene reasons where the seal has been broken after delivery;
• for Products which, after delivery, are by their nature inseparably mixed with other items;
• where the price depends on fluctuations in the financial market outside the Seller's control which may occur before expiry of the withdrawal period, where such Products are offered.

16. The hygiene exception applies only where the Product was delivered sealed, the seal was broken after delivery and, once opened, the Product cannot be returned for health protection or hygiene reasons.

17. Merely examining the Product to the extent necessary to establish its nature, characteristics and functioning does not remove the right of withdrawal, subject to statutory exceptions.

18. Independently of the statutory right of withdrawal, the Customer may terminate free Electronic Services in accordance with these Terms and Conditions.

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Chapter 9. Intellectual property

1. Rights in the Store and its elements, including the name, domain, logos, trade marks, graphic design, photographs, videos, text, forms, software, source code and databases, belong to the Seller or relevant third parties.

2. Use of the Store does not transfer intellectual property rights to the Customer. Store content may only be used to the extent permitted by law and necessary for ordinary use of the Store.

3. Without an appropriate legal basis it is prohibited, in particular, to copy complete descriptions or photographs, distribute or modify materials, use them for competing activities, extract substantial parts of databases or remove authorship or ownership notices.

4. This Chapter does not restrict statutory permitted use or other rights granted by law.

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Chapter 10. Final provisions

1. Matters not governed by these Terms and Conditions are subject to Polish law, including the Polish Civil Code, Consumer Rights Act, Act on the Provision of Electronic Services, Electronic Communications Law, GDPR and the Digital Services Act.

2. The choice of Polish law does not deprive a Consumer of protection under mandatory provisions of the country of the Consumer's habitual residence where those provisions apply.

3. Disputes with Customers who are neither Consumers nor Privileged Entrepreneurs are submitted to the court having jurisdiction for the Seller's place of business, to the extent permitted by law.

4. Jurisdiction in disputes with Consumers and Privileged Entrepreneurs is determined by law.

Changes to these Terms and Conditions

5. The Seller may amend these Terms and Conditions for an important reason, including:

• a change in applicable law;
• a decision, judgment or recommendation of a competent authority;
• a change in the Seller's identification or contact details;
• a change in the scope or method of providing Electronic Services;
• the introduction of new functions or withdrawal of existing functions;
• a change of payment operator, carrier or other service provider;
• a need to secure the Store, Customers or systems;
• a need to correct errors, ambiguity or inconsistency;
• a change in review verification or user-content handling.

6. Amendments do not affect Sales Contracts concluded before they enter into force. Orders placed earlier remain governed by the Terms and Conditions applicable when the Order was placed unless the parties expressly agree otherwise and the change benefits the Customer.

7. Where an amendment materially affects the rights or obligations of a Customer using an Account or the Newsletter, the Seller informs the Customer before the amendment takes effect by sending a message to the email address associated with that Service.

8. The message includes at least a description of the amendment, the reason for it, its effective date and information about the right to discontinue the Service before that date. The amended Terms and Conditions or a list of the amendments is included in the message or in an attachment that allows the information to be saved and reproduced without alteration.

9. Amendments concerning Services provided for an indefinite period normally take effect no earlier than 14 days after the information is provided. A shorter period may apply where required by law or an authority, where necessary to address an urgent security risk, or where the amendment is exclusively beneficial, editorial, technical or organisational and does not restrict the Customer's rights.

10. A Customer who does not accept an amendment relating to the Account or Newsletter may terminate that Service before the amendment takes effect, without charge.

11. An amendment to these Terms and Conditions does not replace consent where a new activity requires separate consent.

12. If any provision is invalid or ineffective, the remaining provisions remain effective, and the relevant statutory provision applies in place of the invalid provision.

13. The current version is published on the Store website together with the date of the latest update.

14. This English version is a translation of the Polish version. In the event of a discrepancy, the Polish version prevails, subject to the Consumer's mandatory rights.

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