Regulations of TukuTuk online Store

Specifying, among others, the rules of concluding sales agreements through the Shop, containing the most important information about the Seller, the Shop and Consumer rights

The provisions concerning the Entrepreneur Privileged shall apply to contracts concluded from 1 January 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Making Purchases from the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal information
§ 11 Objections

Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, except for public holidays.
Consumer - a consumer within the meaning of the Civil Code.
Account - regulated by separate regulations free-of-charge function of the Store (service provided electronically), through which the Buyer may set up his account in the Store.
Buyer - any entity buying in store.
Privileged Buyer - Consumer or Privileged Businessman.
Privileged Entrepreneur - a natural person who agrees with the Seller directly related to its business, but does not have a professional character for it (the definition applies to contracts concluded from 1 January 2021).
Regulations - these regulations.
Store - TukuTuk online store operated by the Seller at https://tukutuk.com.
Seller - TukuTuk Sp. z o.o. with headquarters in Płouszowice-Kolonia 137A, 21-008 Jastków, registered in the National Court Register - Register of Entrepreneurs by the District Court Lublin-Wschód in Lublin, with headquarters in Świdnik, under KRS number 0000941738, NIP 7133116604, REGON number 520765705, initial capital 5000,00 PLN.
Consumer Rights Act – the Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

1. Postal address: Płouszowice-Kolonia 137A, 21-008 Jastków
2. E-mail address: kontakt@tukutuk.com
3. Phone: +48 502 859 771
4. The cost of a telephone call or data transmission made by the Buyer is based on the standard tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller points out that the cost of an international call or international data transmission may be higher than that of a domestic one, depending on the tariff applied by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, you need:
   
   • a device with access to the Internet
   • a web browser that supports JavaScript and cookies.
2. To place an order in the Store, apart from the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN-STORE

1. Prices of goods visible in the Store are total prices for the goods.
2. The Seller points out that the total price of the order consists of the price of the goods indicated in the Store and, if applicable, the cost of delivery of goods.
3. Goods selected for purchase should be added to the shopping cart in the Store.
4. Then the Buyer chooses from the available in the store: the method of delivery of goods and method of payment for the order and enters the data necessary to complete the order.
5. The order is placed when the Buyer confirms its content and accepts the Terms & Conditions.
6. Placing an order is the same as concluding a contract of sale between the Buyer and Seller.
7. Buyers may register with the Store, i.e. create an Account, or make purchases without registration by providing their data for each order.

§ 5 PAYMENTS

1. You can pay for your order, depending on the choice of the Buyer:
   
   1. by ordinary transfer to the Seller's bank account;
   2. by payment card:
      
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via the payment platform:
      
      • Shoper Payments*
      • PayPal
      • PayU
   4. cash on delivery, i.e. in cash at the time of delivery of goods to the Buyer*;
   5. in cash at the time of personal collection of the goods*;
2. If the Buyer decides to pay via the platform Shoper Payments, the online payment service provider is Blue Media S.A.
3. If the Buyer chooses payment in advance, the order must be paid for within 1 working day of placing the order.
4. The Seller informs that in the case of some payment methods, due to their specificity, paying for the order using this method is possible only directly after placing the order.
5. The Buyer making purchases in the store accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

* Applies to the Polish language version and payment in PLN

§ 6 ORDER FULFILLMENT

1. The deadline for the implementation of the order is indicated in the Store.
2. In case the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after it has been paid.
3. If within one order the Buyer has purchased goods with different lead times, the order shall be fulfilled within the time limit applicable to the goods with the longest lead time.
4. Countries where the delivery is carried out:
   
   • Poland
   • Germany
   • Austria
   • Belgium
   • Bulgaria
   • Croatia
   • Cyprus
   • Czechia
   • Denmark
   • Estonia
   • Finland
   • France
   • Greece
   • Spain
   • Ireland
   • Lithuania
   • Luxembourg
   • Latvia
   • Malta
   • Netherlands
   • Portugal
   • Romania
   • Slovakia
   • Slovenia
   • Sweden
   • Hungary
   • Italy
   • United Kingdom
   • Norway
   • Russia
   • Canada
   • USA
5. Goods purchased in the Store are delivered depending on the method of delivery chosen by the Buyer:
   
   1. through a courier company
   2. through the Polish Post Office
6. The Buyer can pick up the goods in person at the company's headquarters during its opening hours.
7. In the case of choosing personal collection by the Buyer, the goods will be ready for collection on the indicated date of execution of the order, and if the Seller has indicated the date of shipment of the goods - on that date.

§ 7 RIGHT OF WITHDRAWAL

1. Preferred the Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The period to withdraw from the contract expires after 14 days from the date:
   
   1. on which the Priority Buyer came into possession of the goods, or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
   2. on which the Priority Buyer has acquired possession of the last of the goods or on which a third party other than the carrier and nominated by the Priority Buyer has acquired possession of the last of the goods in the case of a contract involving the transfer of ownership of multiple goods which are delivered separately.
3. For the privileged Buyer to exercise the right of withdrawal, he must inform the Seller, using the data specified in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information transmitted by e-mail).
4. Preferred Buyer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.
5. To meet the deadline for withdrawal, it is sufficient for the privileged Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.
   
   EFFECTS OF WITHDRAWAL
6. In case of withdrawal from the concluded contract the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of goods (except for additional costs resulting from the chosen by the privileged Buyer method of delivery other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller was informed about the decision of the privileged Buyer to exercise his right of withdrawal.
7. Return of payment the Seller will make using the same means of payment that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different solution, in any case, the privileged Buyer will not incur any fees in connection with this return.
8. The Seller may withhold payment until it receives the goods or until it is provided with proof of return, whichever event occurs first.
9. The Seller asks to return the goods to the address: Płouszowice-Kolonia 137A, 21-008 Jastków immediately, and in any case no later than 14 days from the date on which the Buyer privileged to inform the Seller about withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the expiry of the 14 days.
10. The privileged Buyer shall bear the direct costs of returning the goods.
11. The privileged Buyer is liable only for the diminished value of the goods resulting from the use of the goods in a manner other than necessary to ascertain the nature, characteristics, and functioning of the goods.
12. If the goods, due to their nature, cannot be returned by ordinary mail, the Priority Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
13. If a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from the agreement concluded at a distance, referred to in § 7 of the Terms and Conditions, does not apply to the agreement:
   
   1. in which the subject of the performance is a thing not prefabricated, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;
   2. in which the subject of the performance is an item that deteriorates rapidly or -has a short period of usefulness for use;
   3. in which the subject of performance is the thing supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons if the package has been opened after delivery;
   4. in which the subject of the performance are things, which after the delivery, due to their nature, are inseparably connected with other things;
   5. in which the subject of the performance is sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery;
   6. for the supply of newspapers, periodicals, or magazines, except for a subscription contract;
   7. in which the price or remuneration depends on fluctuations of the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. 1. 1. The Seller shall be liable to the Privileged Buyer for the conformity of the performance with the contract as provided for under generally applicable law, in particular the provisions of the Consumer Rights Act.
      2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address specified in § 2 of the Terms and Conditions.
      3. If the product is covered by a warranty, information about it and its terms is available in the Store.
      4. The Seller shall respond to the complaint within 14 days of its receipt.

II PRIVILEGED BUYERS

1. 1. 1. Goods
         1. In the event of non-conformity of the goods with the contract, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
         2. The Seller shall be liable for any non-conformity of the goods with the contract existing at the time of delivery and revealed within two years thereafter, unless a longer period is indicated by the Seller, its legal predecessors, or persons acting on their behalf.
         3. Pursuant to the Consumer Rights Act, in the event of non-conformity with the contract, the Privileged Buyer may request:
            1. replacement of the goods,
            2. repair of the goods.
         4. Additionally, the Privileged Buyer may submit a statement on:
            1. price reduction,
            2. withdrawal from the contract
            if:
            • the Seller refuses to bring the goods into conformity with the contract pursuant to Article 43d(2) of the Consumer Rights Act;
            • the Seller fails to bring the goods into conformity with the contract in accordance with Article 43d(4–6) of the Consumer Rights Act;
            • the non-conformity persists despite the Seller’s attempt to restore conformity;
            • the non-conformity is so significant that it justifies a price reduction or withdrawal from the contract without prior recourse to measures under Article 43d of the Consumer Rights Act;
            • the Seller’s statement or the circumstances clearly indicate that conformity will not be restored within a reasonable time or without significant inconvenience to the Privileged Buyer.
         5. In the event of repair or replacement, the Privileged Buyer shall make the goods available to the Seller. The Seller shall collect the goods at its own expense.
         6. The Privileged Buyer may not withdraw from the contract if the lack of conformity is immaterial.
         7. In the event of withdrawal under this section, the Privileged Buyer shall promptly return the goods to the Seller at the Seller’s expense to the following address: Płouszowice-Kolonia 137A, 21-008 Jastków. The Seller shall promptly reimburse the Privileged Buyer the price, no later than within 14 days of receiving the goods or proof of return shipment.
         8. The Seller shall promptly refund the amount due resulting from the price reduction, no later than within 14 days of receiving the Privileged Buyer’s statement on price reduction.
      2. Alternative Dispute Resolution (ADR)
         1. The Seller informs Consumers of the possibility to use out-of-court complaint and redress mechanisms. The rules of access to such procedures are available at the offices and websites of authorized ADR entities. The Consumer may use, among others:
            • assistance from the relevant European Consumer Centre of the European Consumer Centres Network (ECC-Net). ECCs provide information on consumer rights and help resolve disputes in cross-border cases. Assistance is generally free of charge. A list of ECCs is available at: https://konsument.gov.pl/eck-w-europie/
            • the EU's Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr
              – note: the option to file complaints via the ODR platform expires on 20 March 2025.
            In Poland, consumers may additionally use:
            • mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, by submitting a request for mediation. The procedure is generally free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
            • assistance of the permanent consumer arbitration court operating at the relevant Provincial Inspectorate of Trade Inspection by submitting a request for arbitration. The procedure is generally free of charge. A list is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
         2. The above provision is for information purposes only and does not constitute an obligation on the part of the Seller to participate in ADR procedures.
         3. Participation in ADR is voluntary for both the Seller and the Consumer.
         4. The Consumer may also seek free assistance from a municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. 1. In case of a defect, a Buyer other than a Privileged Buyer may file a complaint based on statutory warranty under the Civil Code.
   2. The Seller shall be liable to such Buyer under the warranty if the physical defect is discovered within two years from the date of delivery of the goods.
   3. According to the Civil Code, a Buyer who is an entrepreneur (other than a Privileged Entrepreneur) loses warranty rights if they fail to inspect the goods in the usual manner and to notify the Seller of the defect without undue delay; or if the defect was discovered later – if the Seller was not notified immediately upon its discovery. Sending the notification before the deadline is sufficient.
   4. Under the warranty, the Buyer other than a Privileged Buyer may, under the Civil Code:
      1. request a price reduction,
      2. in the case of a material defect – withdraw from the contract,
      3. request replacement of the goods with non-defective ones,
      4. request rectification of the defect.
   5. If it is necessary to return the defective product to assess the complaint, the Buyer other than a Privileged Buyer must deliver the goods to: Płouszowice-Kolonia 137A, 21-008 Jastków.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer while using the Shop is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as the recipients of the data - can be found in the Privacy Policy available in the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and the Council (EU) on data protection - "RODO".
2. The purpose of processing Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
   
   • contract or actions were taken at the request of the Buyer, aimed at its conclusion (Article 6(1)(b) RODO),
   • the Seller's legal obligation relating to accounting (Article 6(1)(c)) and
   • the Seller's legitimate interest in processing the data to establish, assert or defend potential claims (Article 6(1)(f) RODO).
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Shop.
4. The Buyer's data given in connection with purchases in the Shop will be processed until the moment when:
   
   1. the contract concluded between the Buyer and the Seller ceases to be valid;
   2. the Seller ceases to be legally obliged to process Buyer's data;
   3. there ceases to be a possibility of asserting claims by the Buyer or Seller, related to a contract concluded by the Store;
   4. will be accepted Buyer's objection to the processing of his data - if the basis for data processing was a legitimate interest of the Seller
   – depending on what is applicable in a given case and what will occur at the latest.
5. The Buyer has the right to request:
   
   1. access to his data,
   2. rectification,
   3. erasure,
   4. restriction of processing,
   5. data transfer to another administrator
      as well as the right:
   6. to object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him, based on Article 6(1)(f) RODO (i.e. on the legally justified interests pursued by the administrator).
6. To exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
7. If the Buyer believes that his data are processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 11 FINAL PROVISIONS

1. The Buyer is prohibited from providing any content of an unlawful nature.
2. Each order placed in the Store constitutes a separate contract and requires a separate acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of fulfilling the order.
3. All contracts concluded under these Terms and Conditions are governed by Polish law, subject to paragraph 4 below.
4. The choice of Polish law for contracts concluded with Consumers under these Terms and Conditions does not exclude or limit the rights of such Buyers granted to them under mandatory provisions of law applicable to the Consumer in cases where no choice of law has been made. In particular, if the national laws applicable to a given Consumer provide for broader protection than that arising from these Terms and Conditions or Polish law, such broader protection shall apply.
5. Contracts concluded under the Terms and Conditions are made in the Polish language.
6. In the event of a dispute with a Buyer who is not a Privileged Buyer, arising in connection with a contract concluded via the Store, the competent court shall be the court having jurisdiction over the Seller’s registered office.

Attachment No. 1 to the Regulations

Below is a sample form of withdrawal from the contract, which the Consumer or Entrepreneur Privileged may or may not use:

MODEL WITHDRAWAL FORM
(this form should be filled in and sent back only if you wish to withdraw from the contract)

TukuTuk sp. z o.o
Płouszowice-Kolonia 137A, 21-008 Jastków
e-mail: kontakt@tukutuk.com

- I(*) ..................................................................... hereby inform(*) about my withdrawal from the contract of sale of the following items(*) / provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the contract(*)/collection(*)

..............................................................................................................................................................................

- First and last name of the Consumer/Entrepreneur privileged:

..............................................................................................................................................................................

- Address of the Consumer/Entrepreneur privileged:

..............................................................................................................................................................................

..............................................................................................................................................................................

Signature of Consumer/Entrepreneur
(only if this form is sent in hard copy)

Date ............................................

(*) Delete as appropriate.

Terms of Use for the TukuTuk Online Store
(DSA)

regarding content submitted by users (DSA)

Contact Point

To contact us, you can use the following electronic communication methods:

email: kontakt@tukutuk.com

contact form available at: https://tukutuk.com/en/contact

In addition to electronic communication, you can also contact us by phone at: +48 502 859 771

Language of Communication

You can contact us by email in the following languages:

• Polish,
• English,
• French,
• German.

You can contact us by phone in the following languages:

• Polish,
• English.

Content Submitted by Users

The online store allows you to submit content, which is stored within our website.

This content includes:

• reviews of products (including services).

We ensure that reviews come from individuals who have used or purchased the product. To achieve this, review requests are only sent to those who have purchased the product from us.

Restrictions on User-Submitted Content

Remember that when using our website, you cannot submit illegal content (in particular, content such as incitement to hatred, terrorist-related content, or illegal discriminatory content), or content that becomes illegal under applicable laws due to reference to illegal activities. For example, the following actions are considered illegal content:

• distributing images depicting child abuse for sexual purposes,
• illegally distributing private images without consent,
• cyberstalking,
• unauthorized use of copyrighted material,
• illegally offering accommodation services,
• illegal sale of live animals.

You should also refrain from submitting content that violates public decency or contradicts the terms of use of our services, including provisions, rules, conditions, and regulations related to our website – in terms of content submission within the website.

Specifically, while using our website, the submission of content that may be considered as:

• Degrading, offensive, or humiliating materials: Any content that can be considered offensive or degrading, or that may violate someone's reputation.
• Erotic content: Pornographic materials or other content with explicit sexual undertones.
• False information and misinformation: Spreading false information or content that misleads users, particularly regarding medical or scientific knowledge.
• Propaganda and totalitarian ideologies: Content promoting ideologies or activities deemed illegal or harmful to democratic principles in Poland.
• Spam and unsolicited advertising: Sending or publishing unsolicited advertising or marketing materials.
• Intellectual property violations: Publishing content without appropriate rights or licenses, violating copyright or industrial property rights.
• Impersonation of other users: Pretending to be someone else or posting content in another person's name without their consent.
• Content unrelated to the service's purpose: Publishing materials that are not related to the themes or goals of the website.
• Content universally recognized as indecent: Including profanity.

Reporting Illegal Content

If you wish to report illegal content, please contact us via the Contact Point, the details of which are provided at the beginning of these terms.

Please ensure that your report includes:

• A sufficiently justified explanation of why you believe the content in question constitutes illegal material.
• A clear indication of the precise electronic location of the content, such as the exact URL or URLs, along with, if applicable, additional information to help identify illegal content according to the type of content and specific hosting service.
• Your full name or business name and email address – except in cases of reports related to content associated with crimes as specified in Articles 3–7 of Directive 2011/93/EU (i.e. sexual crimes against children and child pornography).
• A statement confirming that you have made the report in good faith and believe the information and allegations in the report are accurate and complete.

Simply include this information in your message. You can use the template for reporting content, which we provide at the end of this document.

We collect this information due to Article 16(2) of Regulation (EU) 2022/2065 of the European Parliament and Council of October 19, 2022, on the Digital Services Act (DSA).

If you submit a report via email or provide your electronic contact details, we will confirm receipt of your report.

We will also inform you about the actions we have taken regarding the reported illegal content and your options for appealing our decision.

Content Moderation

Content submitted by users within the Online Store is moderated in response to user reports. We may also take such actions on our own initiative.

We respond to all reports concerning potential legal violations or breaches of community standards, terms, conditions, and regulations related to our website. We take appropriate actions promptly to remove or restrict access to illegal content as soon as we become aware of it.

Remember that we are not obligated to actively search for illegal content.

However, we apply automatic mechanisms to detect potentially illegal content, acting in good faith and with due diligence. Content may also be reviewed manually by us, without the use of automated tools.

Content moderation is carried out based on the applicable laws, particularly the Digital Services Act (DSA).

Justification for Actions Taken Against User Content

If we take action against illegal content or content that violates the rules described in this document, we will inform all relevant recipients – provided we have their electronic contact details – about the limitations imposed on the content or the user responsible for it, provided the nature of the service or other binding agreements require it. Actions may include:

• Restrictions on the visibility of certain information we provide, including content removal, access restriction, or de-ranking of content.
• Suspension, termination, or other restrictions on financial payments.
• Suspension or termination of the service, in whole or in part.
• Suspension or termination of the user's account.

Each action we take will be justified.

We may refrain from providing this information if the content consists of misleading commercial material in large volumes.

REPORTING TEMPLATE FOR ILLEGAL CONTENT

To streamline the process of reporting illegal content, we encourage you to submit information according to the template below. Using this template is NOT mandatory.

Name of the person reporting: ……………………….

Email address of the person reporting: ………………………

(The fields for the reporter's data do not apply to reports related to content associated with one of the crimes specified in Articles 3–7 of Directive 2011/93/EU, i.e., sexual crimes against children and child pornography.)

URL(s) where the reported content is located: ……………………………………………………………………………………………………………

Any additional information to help identify the reported content: ……………………………………………………………

Justified explanation of why you believe the content in question constitutes illegal material:

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

I declare that I have made this report in good faith and believe that the information and allegations in my report are accurate and complete.

Account Terms and Conditions

at the TukuTuk store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or Account
§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person who has entered into an agreement to maintain an Account under these Terms and Conditions or takes steps to do so, without a direct connection to their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider for the benefit of the Service Recipient, allowing the Service Recipient to access additional features in the Store.
Privileged Entrepreneur – a Service Recipient who is a natural person entering into an agreement to maintain an Account (or taking steps to do so) directly related to their business activity, but not professional in nature.
Terms and Conditions – these Account Terms and Conditions.
Store – the TukuTuk online store operated by the Service Provider at https://tukutuk.com
Service Recipient – any entity who has entered into an agreement to maintain an Account or takes steps to do so.
Privileged Service Recipient – a Service Recipient who is either a Consumer or a Privileged Entrepreneur.
Service Provider – TukuTuk sp. z o.o., located at Płouszowice-Kolonia 137A, 21-008 Jastków, registered in the National Court Register – register of entrepreneurs by the District Court Lublin-East in Lublin, seated in Świdnik, under the KRS number 0000941738, NIP 7133116604, REGON 520765705, with a share capital of 5000.00 PLN.
Consumer Rights Act – the Polish Act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Płouszowice-Kolonia 137A, 21-008 Jastków
2. Email address: kontakt@tukutuk.com
3. Phone: +48 502 859 771
4. The cost of the telephone call or data transmission made by the Service Recipient depends on the basic tariff of the telecommunication operator or Internet service provider the Service Recipient uses. The Service Provider notes that the cost of international calls or data transmission may be higher than that of domestic calls or transmissions, depending on the tariff set by the telecommunication operator or Internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and establishment of an Account, the following are required:
   • an active email account,
   • a device with internet access,
   • a web browser supporting JavaScript and cookies.

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and dependent on the will of the Service Recipient.
2. The Account provides the Service Recipient with additional features, such as: browsing the history of orders placed by the Service Recipient in the Store, checking the order status, and self-editing the Service Recipient's data.
3. To create an Account, the Service Recipient must fill out the appropriate form in the Store.
4. At the moment of creating an Account, an agreement for maintaining the Account is concluded for an indefinite period between the Service Recipient and the Service Provider, under the terms specified in these Terms and Conditions.
5. The Service Provider begins providing the service of maintaining the Account under the terms specified in these Terms and Conditions immediately after the conclusion of the agreement.
6. The Service Recipient may withdraw from the Account at any time without incurring any costs.
7. Deleting the Account results in the termination of the agreement to maintain the Account. To delete the Account, the Service Recipient must send a request to the Service Provider’s email address provided in § 2 of these Terms and Conditions, which will result in the immediate deletion of the Account and termination of the agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding the Account be submitted to the postal or electronic address specified in § 2 of these Terms and Conditions.
2. The Service Provider will respond to complaints within 14 days of receiving the complaint.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is responsible to the Privileged Service Recipient for compliance with the contract, as provided by generally applicable legal regulations, particularly the Consumer Rights Act.
4. If the Service Provider improperly performs the contract for maintaining the Account, the Privileged Service Recipient has the right to exercise the rights provided in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider fails to deliver the digital service, the Privileged Service Recipient can request its delivery. If the Service Provider fails to deliver the digital service promptly or within an additional period explicitly agreed upon by both the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the contract to maintain the Account.
6. The Privileged Service Recipient may withdraw from the contract to maintain the Account without requesting the delivery of the digital service if:
   1. the Service Provider’s statement or the circumstances clearly show that the service will not be delivered or
   2. the Service Provider and the Privileged Service Recipient have agreed, or the circumstances of entering into the account agreement clearly show, that a specific delivery deadline for the digital service was of substantial importance to the Privileged Service Recipient, and the Service Provider failed to deliver the service within this deadline.
7. The Service Provider is responsible for non-compliance with the Account maintenance contract for any continuously provided digital service that occurred or became apparent during the period when the service should have been provided.
8. If the digital service is non-compliant with the Account maintenance contract, the Privileged Service Recipient may request that the service be brought into compliance with the contract.
9. If the digital service is non-compliant with the Account maintenance contract, the Privileged Service Recipient must cooperate with the Service Provider, reasonably and using the least disruptive technical means, to determine whether the non-compliance of the digital service with the contract is due to the digital environment of the Privileged Service Recipient.
10. Additionally, if the digital service is non-compliant with the Account maintenance contract, the Privileged Service Recipient may withdraw from the contract if:
    1. bringing the digital service into compliance with the contract is impossible or requires excessive costs in accordance with Article 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider has not brought the digital service into compliance with the contract within a reasonable time after being informed by the Privileged Service Recipient of the non-compliance, and without causing undue inconvenience to the Privileged Service Recipient, considering the nature and purpose of the digital service, and how it is used;
    3. the non-compliance persists even after the Service Provider attempted to bring the digital service into compliance;
    4. the non-compliance is so substantial that it justifies withdrawal from the contract without first requesting compliance (i.e., requesting the digital service to be brought into compliance with the contract);
    5. the Service Provider’s statement or the circumstances clearly show that the service will not be brought into compliance with the contract within a reasonable time or without undue inconvenience to the Privileged Service Recipient.

III. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS

11. The service provider informs the consumer about the possibility of using out-of-court methods for handling complaints and seeking claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. The consumer may use, among others:
    • the assistance of the appropriate European Consumer Centre from the European Consumer Centres Network. These centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. A list of relevant Consumer Centres can be found at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      - however, the possibility to file complaints through the ODR platform will expire on March 20, 2025.
    In addition, in Poland, the following forms of support are available:
    • mediation conducted by the relevant regional Provincial Inspectorate of the Trade Inspection, to which the consumer should submit a request for mediation. As a rule, the process is free of charge. A list of inspection authorities can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance from the relevant permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, where the consumer should submit a request for a case to be heard by the arbitration court. As a rule, the process is free of charge. A list of inspection authorities is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The previous provision is informative and does not constitute an obligation for the service provider to use out-of-court dispute resolution methods.
13. Using out-of-court methods of handling complaints and seeking claims is voluntary for both the service provider and the consumer.
14. The consumer may additionally seek free assistance from the municipal or county consumer ombudsman.

§ 6 RIGHT TO WITHDRAW FROM THE CONTRACT

1. The privileged service user has the right to withdraw from the agreement for the provision of the Account service within 14 days without providing any reason.
2. The deadline for withdrawal from the Account service contract expires 14 days from the day the contract is concluded.
3. In order for the privileged service user to exercise the right of withdrawal, they must inform the service provider, using the details provided in § 2 of the Regulations, about their decision to withdraw from the contract by means of a clear statement (for example, a letter sent by mail or email).
4. The privileged service user may use the withdrawal form template provided at the end of the Regulations, but it is not mandatory.
5. To meet the withdrawal deadline, it is enough for the privileged service user to send the information about exercising their right to withdraw from the contract before the deadline for withdrawal expires.

§ 7 PERSONAL DATA

1. The administrator of the personal data provided by the service user in connection with the conclusion of the Account service contract is the service provider. Detailed information regarding the processing of personal data by the service provider – including other purposes and grounds for data processing, as well as recipients of the data – is available in the privacy policy available in the Store, in accordance with the principle of transparency set out in the General Data Protection Regulation (GDPR).
2. The purpose of processing the service user’s data is to manage the Account. The legal basis for processing personal data in this case is the contract for managing the Account or actions taken at the request of the service user to enter into the contract (Art. 6(1)(b) GDPR), as well as the legitimate interest of the service provider, which is processing data to establish, pursue, or defend potential claims (Art. 6(1)(f) GDPR).
3. Providing data by the service user is voluntary but necessary to conclude the contract for managing the Account and to provide the services covered by the contract. Failure to provide the data means that the contract for managing the Account cannot be concluded, and the service provider will not be able to provide the services.
4. The service user’s data will be processed until:
   1. the Account service contract ceases to be valid;
   2. the possibility of pursuing claims by the service user or the service provider, related to the Account, ceases;
   3. the service user files an objection to the processing of their personal data – in cases where the legal basis for data processing was the legitimate interest of the service provider.
   – depending on what is applicable in a given case.
5. The service user has the right to request:
   1. access to their personal data,
   2. rectification of data,
   3. erasure,
   4. restriction of processing,
   5. data transfer to another controller,
   6. and the right to object to the processing of their personal data at any time for reasons related to the user's particular situation – against processing based on Art. 6(1)(f) GDPR (i.e., based on the legitimate interests pursued by the service provider).
6. To exercise their rights, the service user should contact the service provider.
7. If the service user believes that their data is being processed unlawfully, they may file a complaint with the data protection authority. In Poland, this is the President of the Office for Personal Data Protection.

§ 8 CHANGES IN THE REGULATIONS OR ACCOUNT

1. The service provider reserves the right to change the Regulations only for important reasons. An important reason is understood as the need to change the Regulations due to:
   1. modifications to the functionality of the Account, requiring changes to the Regulations, or
   2. changes in the law affecting the execution of the Account management contract by the service provider, or adapting services to recommendations, guidelines, orders, prohibitions, judgments, rulings, interpretations, or decisions of authorized public authorities, or
   3. changes in the contact or identification details of the service provider.
2. Information about the planned change to the Regulations will be sent to the service user's email address associated with the Account at least 7 days before the changes take effect.
3. If the service user does not object to the planned changes by the time they take effect, it is assumed that they accept them, which does not prevent the user from terminating the agreement in the future.
4. If the service user does not accept the planned changes, they should send an email to the service provider’s address provided in § 2 of the Regulations, which will result in the termination of the Account service contract when the planned changes take effect.
5. The service provider may make changes to the Account that are not necessary to ensure its compliance with the contract for managing the Account, for reasons specified in paragraph 1(b), or due to changes in the functionality of the Account. Introducing such changes will not incur any costs for the privileged service user. Paragraphs 2-4 apply accordingly.
6. If the change significantly and negatively impacts the privileged service user’s access to or use of the Account, the service provider will send an email to the privileged service user with information about the characteristics and timing of the change, as well as the rights related to the change.

§ 9 FINAL PROVISIONS

1. It is prohibited for the User to provide unlawful content.
2. The Agreement for Account Management is concluded in the Polish language.
3. The Agreement concluded under these Terms and Conditions is subject to Polish law, subject to paragraph 4.
4. The choice of Polish law for an Agreement concluded under these Terms and Conditions with a Consumer does not affect or limit the rights of the Consumer granted under mandatory provisions of law that apply to the Consumer in situations where no law choice is made. This means, in particular, that if applicable national laws for a given Consumer provide greater protection than that provided by these Terms and Conditions or Polish law, the broader protection applies.
5. In the event of a dispute with a User who is not a privileged User, related to the Account Management Agreement, the competent court will be the court of the User's residence.

Newsletter Terms and Conditions

at TukuTuk store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right of Withdrawal from the Agreement
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or Newsletter
§ 9 Final Provisions

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Płouszowice-Kolonia 137A, 21-008 Jastków
2. Email address: kontakt@tukutuk.com
3. Phone: +48 502 859 771
4. The cost of a telephone call or data transmission made by the Service Recipient depends on the basic tariff of the telecommunications operator or Internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

In order to use the Newsletter, the Service Recipient needs:

• an internet-enabled device (e.g. computer, smartphone, tablet) with access to a web browser (preferably Google Chrome, Mozilla Firefox, Safari, or Microsoft Edge),
• an active email address (e-mail address),
• an active Internet connection (data transmission may be subject to the fees charged by the Service Recipient's telecommunications operator),
• an email client that supports HTML content (for full functionality).

§ 4 AGREEMENT

The Agreement for providing the Newsletter is concluded when the Service Recipient submits a request to receive the Newsletter by providing their email address via the form available on the Store's website. The Service Recipient confirms their request by submitting the necessary data. The Agreement is concluded for an indefinite period and is free of charge.

§ 5 COMPLAINTS

If the Newsletter service provided by the Service Provider is inconsistent with these Terms and Conditions, the Service Recipient is entitled to file a complaint. Complaints should be sent to the email address kontakt@tukutuk.com. The complaint will be considered within 14 days of its submission.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The Consumer has the right to withdraw from the Agreement within 14 days without providing any reason. To exercise the right of withdrawal, the Consumer must inform the Service Provider of their decision by sending a clear statement (e.g. by letter or email). The Consumer may use the model withdrawal form available on the Store's website, but this is not mandatory.

§ 7 PERSONAL DATA

The Service Provider processes personal data in accordance with applicable data protection laws and the Privacy Policy available on the Store's website. The Service Recipient agrees to the processing of their personal data for the purpose of providing the Newsletter.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR NEWSLETTER

The Service Provider reserves the right to change the Terms and Conditions or modify the Newsletter. Any changes will be communicated to the Service Recipients by email or posted on the Store's website.

§ 9 FINAL PROVISIONS

1. The Service Recipient is prohibited from providing unlawful content.
2. The Agreement is concluded in Polish.
3. The Agreement concluded based on these Terms and Conditions is governed by Polish law, subject to paragraph 4.
4. The choice of Polish law for the Agreement concluded under the Terms and Conditions with a Consumer does not waive or limit the Consumer's rights under the mandatory provisions of law applicable to that Consumer in a situation where no choice of law is made. This means that, in particular, if the applicable national provisions for a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law – such broader protection applies.
5. In the case of a dispute with a Service Recipient who is not a Privileged Service Recipient, related to the Agreement, the court competent will be the court with jurisdiction over the Service Provider's seat.