Fungazza

Legal

Shop Terms

Shop Terms of Fundacja Fungazza

Version: 1.0 Effective date: [PUBLICATION_DATE] Last updated: [PUBLICATION_DATE]

§1 General provisions

  1. These Terms govern the use of the online shop operated at fungazza.com/sklep (hereinafter: "the Shop").

  2. The Seller is:

    Fundacja Fungazza Tęczowa 65, 53-601 Wrocław, Poland KRS (court register no.): XXXXXXXXXX NIP (tax no.): XXXXXXXXXX REGON (statistical no.): XXXXXXXXX email: fundacja@fungazza.com phone: +48 662 288 023

  3. The Seller does not conduct commercial activity. Sales in the Shop are carried out as paid public benefit activity under art. 8 of the Polish Act of 24 April 2003 on Public Benefit and Volunteer Work. The remuneration charged by the Seller does not exceed the costs of the activity plus a justified margin to ensure its sustainability and development (per the Foundation's Statute).

  4. These Terms are available at /regulamin-sklepu in Polish and English. The Polish version prevails.

§2 Definitions

In these Terms we use the following terms:

  • Seller / Foundation — Fundacja Fungazza, details as in §1
  • Customer — natural person, legal person, or organizational unit placing an order in the Shop
  • Consumer — Customer who is a natural person making a purchase for purposes not directly related to their business or professional activity (art. 22¹ of the Polish Civil Code)
  • Shop — the online shop operated by the Seller
  • Goods / Product — item or service offered in the Shop
  • Digital Product — Product delivered as a digital file (e.g. ebook, sample pack, audio/video recording)
  • Contract — sales contract between the Seller and Customer concluded via the Shop
  • Order — Customer's declaration of intent to enter into a Contract
  • Terms — this document

§3 Technical requirements

  1. Using the Shop requires:

    • device with internet access
    • up-to-date browser with JavaScript enabled (Chrome, Firefox, Safari, Edge)
    • active email address

  2. The Seller does not charge any additional fees for using the Shop beyond the purchase price and shipping costs.

§4 Placing an order and concluding a Contract

  1. Order placement involves the following steps:

    1. The Customer adds selected Products to the cart
    2. In the cart, the Customer reviews the order contents and proceeds to checkout
    3. The Customer provides data: first name, last name, email, phone, billing address, and (for physical Products) shipping method and address
    4. The Customer accepts the Terms and Privacy Policy
    5. For Digital Products — the Customer consents to the loss of the right of withdrawal (see §8)
    6. The Customer clicks the "Order and pay" button

  2. Moment of contract conclusion: clicking the "Order and pay" button constitutes a declaration of intent to enter into the Contract on the terms set forth in the Order.

  3. After placing the Order, the Customer receives a confirmation email with the order number and bank transfer details.

§5 Prices and payment methods

  1. All prices in the Shop are in Polish złoty (PLN) and are gross prices (including all applicable taxes). Prices are valid at the time of order placement.

  2. Accepted payment methods:

    • Bank transfer to the Seller's bank account (account number provided in the email after order placement). For Products co-created with external artists, the payment may be split between the Seller's account and the artists' accounts — details are provided in the email.

  3. Payment deadline: 7 days from the date of order confirmation. After this period, the Seller may cancel the Order without further notice.

  4. Invoices: The Seller, as a non-profit foundation operating within paid public benefit activity, uses the subjective VAT exemption (art. 113 of the Polish VAT Act). We issue VAT-free invoices (standard invoices) upon Customer's request - after the Foundation's registration in the National Court Register (KRS) and obtaining a NIP number. The Customer marks the option "I want an invoice" in the order form and provides company data (name, NIP). The invoice will be sent by email within 7 days of payment confirmation.

§6 Delivery and lead times

  1. Physical Products are delivered within Poland using a method chosen by the Customer:

    • InPost parcel locker — cost per current pricing in the Shop
    • Courier — cost per current pricing
    • In-person pickup — free, at the Foundation's office (Tęczowa 65, Wrocław), by prior arrangement

  2. Lead time for physical Products: 3-7 business days after payment confirmation.

  3. Digital Products are delivered electronically — in an email containing a link to download the file. The email is sent within 24 hours of payment confirmation.

  4. The Seller does not ship physical Products outside Poland. This restriction may be expanded in the future.

§7 Right of withdrawal (14 days)

  1. The Consumer has the right to withdraw from a distance Contract within 14 days of taking possession of the Goods (physical Product) or concluding the Contract (services), without giving any reason and without incurring costs other than those specified in these Terms (art. 27 of the Polish Consumer Rights Act of 30 May 2014).

  2. To exercise the right of withdrawal, the Consumer informs the Seller of their decision by an unambiguous statement (e.g. letter sent by post or email).

  3. Sample withdrawal form (Consumer may use it but is not obligated to):

    "I/We (*) hereby give notice of my/our (*) withdrawal from the contract of sale of the following goods: ...

    Date of contract: ...

    Name and surname: ...

    Address: ...

    Date: ...

    Signature (only if the form is sent in paper form)"

  4. To meet the withdrawal deadline, it is sufficient to send the statement before the 14-day period expires.

  5. Effects of withdrawal: The Seller refunds all received payments (including delivery costs to the cheapest method) immediately, no later than within 14 days of receiving the withdrawal statement. The refund is made using the same payment methods as those used by the Consumer.

  6. The Consumer returns the Goods to the Seller's address within 14 days of withdrawal. The Consumer bears the direct costs of returning the Goods.

§8 Exceptions to the right of withdrawal (Digital Products)

  1. Pursuant to art. 38(13) of the Polish Consumer Rights Act of 30 May 2014, the right of withdrawal does not apply to the supply of digital content not stored on a tangible medium if:

    a) performance has begun with the express consent of the Consumer before the withdrawal period expires, b) the Consumer was informed of the loss of the right of withdrawal, c) the Consumer acknowledged both circumstances.

  2. Consent mechanism: Before clicking the "Order and pay" button, the Consumer marks a clearly separate checkbox labeled: "I accept immediate delivery of the digital product after purchase. Per art. 38(13) of the Polish Consumer Rights Act, the right of return does not apply after downloading." Without checking this box, placing an Order containing a Digital Product is not possible.

  3. Complaints regarding Digital Products are available to the Consumer regardless of the loss of the right of withdrawal (see §9).

§9 Complaints (statutory warranty)

  1. The Seller is liable to the Customer who is a Consumer for non-conformity of the Goods with the Contract under the rules set forth in the Polish Civil Code (art. 556 et seq.) and the Consumer Rights Act (art. 43a-43g, for Digital Products — art. 43h-43q).

  2. Liability period: 2 years from the date of delivery of the Goods.

  3. Complaint submission method:

    The complaint should include: Customer's data, problem description, occurrence date, order number, expected resolution.

  4. Complaint resolution time: The Seller resolves complaints within 14 days of receipt. Lack of response within this period means the complaint is deemed accepted.

  5. Consumer's rights upon accepted complaint:

    • repair or replacement of the Goods
    • price reduction
    • withdrawal from the Contract (if the defect is significant)

  6. Complaints for Digital Products — if the digital file is corrupted, inconsistent with the description, or impossible to download, the Consumer has the right to file a complaint under the rules above. The complaint is not the same as the right of withdrawal (see §8) — it applies regardless of file download.

§10 Out-of-court dispute resolution

  1. The Consumer may use out-of-court methods of complaint handling and claims pursuit:

    • Voivodship Inspectorate of Trade Inspection (WIIH) — mediation request
    • Permanent Consumer Arbitration Courts at WIIH
    • European Commission's ODR platform — for online disputes

  2. The Seller does not commit to participating in mediation or arbitration but may consider such participation individually.

  3. The Consumer may also seek assistance from the District (Municipal) Consumer Ombudsman, consumer organizations, or the Office of Competition and Consumer Protection (uokik.gov.pl).

§11 Personal data protection

  1. The Seller processes Customers' personal data in accordance with GDPR and Polish data protection laws.

  2. Detailed information on purposes, legal bases, and retention periods of personal data processing is provided in the Privacy Policy, which forms an integral part of these Terms.

§12 Cookies

Information about cookies used in the Shop is available in the Cookie Policy.

§13 Final provisions

  1. Applicable law: all matters not regulated in these Terms are subject to Polish law, including:

    • Polish Civil Code
    • Polish Consumer Rights Act of 30 May 2014
    • Polish Electronic Services Act of 18 July 2002
    • GDPR

  2. Competent court: for disputes with a Consumer — the court competent for the Consumer's place of residence. For disputes with non-Consumer Customers — the court competent for the Seller's seat.

  3. Changes to the Terms: The Seller reserves the right to modify the Terms for important reasons (changes in law, changes in payment/delivery methods, changes in the scope of services).

    Customers who placed an Order before changes take effect are bound by the version of the Terms in effect at the time of order placement.

    The Seller informs of material changes:

    • newsletter subscribers — by email at least 14 days before changes take effect
    • all Customers — by notice on the Shop page

  4. Earlier versions of the Terms are available on request (contact: fundacja@fungazza.com).

In the event of any discrepancy between the Polish and English versions, the Polish version prevails.