Terms and Conditions
The terms and conditions outlined herein are based on the legislative norms of the Republic of Poland. These rules have been established to ensure compliance with Polish law, providing a legal framework that governs the rights and obligations of both parties involved. It is important for users to be aware that these terms are crafted in accordance with the current legal standards and practices within Poland, aiming to offer clarity, security, and protection under the Polish jurisdiction.
Based on this, you agree that any disputes arising from these terms and conditions will fall under the jurisdiction of the Republic of Poland. This means that any legal actions or proceedings related to the enforcement, interpretation, or application of these terms will be adjudicated exclusively within the Polish legal system. By accepting these terms, you acknowledge and consent to the jurisdiction of Polish courts for the resolution of any disputes connected with the use of our services or products.
§ 1 General Provisions § 2 Technical Requirements Necessary for Using the Service § 3 Sale of Goods – Terms and Order Fulfillment Time § 4 Liability for Non-Conformity of Goods with the Contract § 5 Provision of Services § 6 Liability for Non-Conformity of Services with the Contract § 7 Contracts for Supplying Digital Content or Digital Service § 8 Liability for Non-Conformity of Digital Content or Digital Service with the Contract § 9 Product Prices and Delivery Cost § 10 Payment Methods § 11 Right to Withdraw from the Contract § 12 Refund of Payments Made by the Client § 13 Newsletter § 14 Contact Details of the StartUp § 15 Final Provisions Notice on Out-of-Court Dispute Resolution TEMPLATE FOR WITHDRAWAL FROM CONTRACT COMPLAINT FORM
§ 1 General Provisions
1. The web service Webdesign operating at https://1fix.me/ (hereinafter: the Service) is run by the Entrepreneurship Development Foundation "Twój StartUp", located in Warsaw, at Żurawia Street 6/12, apt. 766, 00-503 Warsaw, delivery address: Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw, registered in the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Economic Department of the National Court Register under the number KRS 0000442857, VAT ID (NIP): 521-364-12-11, REGON number: 146433467, BDO number: 000460502. 2. The provisions of the Terms and Conditions concern activities performed on behalf of the Entrepreneurship Development Foundation "Twój StartUp" by an organized part of the enterprise named Remote Media System operating at the Branch of the Entrepreneurship Development Foundation "Twój StartUp", represented by Maxim Tayurskiy (email address: info@1fix.me, tel.: +48780058200). The person mentioned in this paragraph is designated by the Entrepreneurship Development Foundation Twój StartUp for contact in the implementation of the Terms and Conditions. 3. The Terms and Conditions specifically define:- a) the rules of using the Service;
- b) conditions for placing orders for Products available in the Service;
- c) time and rules for order fulfillment;
- d) conditions and forms of payment;
- e) the Client's right to withdraw from the contract;
- f) rules for submitting and considering complaints;
- g) special rights of the Client who is a consumer.
Terms used in the Terms and Conditions mean:
- a) StartUp - Entrepreneurship Development Foundation "Twój StartUp" located in Warsaw, Żurawia Street 6/12 apt. 766, 00-503 Warsaw, correspondence address: Atlas Tower, Aleje Jerozolimskie 123A, 18th floor, 02-017 Warsaw, registered in the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Economic Department of the National Court Register under the number: 0000442857, assigned VAT ID (NIP): 521-364-12-11, REGON: 146-433-467, BDO: 000460502;
- b) Client - a person using the Service, acquiring Goods or Services provided by StartUp within the Service;
- c) Consumer – a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity;
- d) Services – services provided by StartUp, offered to Clients via the Service, excluding Digital Services;
- e) Digital Service – a digital service as defined in Art. 2 point 5a of the Act of May 30, 2014, on consumer rights, provided by StartUp, offered to Clients via the Service;
- f) Goods – movable items sold by StartUp to Clients via the Service;
- g) Products – Goods, Services, or Digital Services;
- h) Service – the website at https://1fix.me/, through which StartUp provides services electronically to the Client, as well as offers Products to Clients and enables the conclusion of contracts;
- i) Agreement – a contract concluded between StartUp and the Client via the Service;
- j) Account – an individual Client's account in the Service, enabling the use of Services and Digital Services and the conclusion of Agreements, upon logging in;
- k) working days – all days excluding Saturdays, Sundays, and statutory holidays.
- l) Terms and Conditions – these terms and conditions.
- a) the main features of the service with respect to the subject of the service and the way of communication with the Client,
- b) the total price or remuneration for the service including taxes, and when the nature of the service subject does not allow, upon reasonable estimation, for their prior calculation – the manner in which they will be calculated, as well as charges for transport, delivery, postal services, and other costs, and when it is not possible to determine the amount of these fees – about the obligation to pay them;
- c) the right to withdraw from the contract or the absence of this right,
- d) the duration of the contract or about the manner and conditions for termination of the contract – if the contract is concluded for an indefinite period or if it is to be automatically extended;
- e) the minimum duration of the Client's obligations under the contract.
§ 2 Technical Requirements Necessary for Using the Service
1. To browse the Service, the following are required:- a) an end device with Internet access,
- b) an internet browser that allows the acceptance of cookies; for example, Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari in their current versions;
- c) acceptance of necessary cookies.
§ 3 Sale of Goods – Terms and Order Fulfillment Time
1. StartUp concludes sales contracts with Clients through the Service. Under the sales contract, StartUp agrees to transfer the ownership of the Goods to the Client and deliver the Goods, and the Client agrees to receive the Goods and pay the price to StartUp. 2. To place an order, the Client indicates the Goods they are interested in by using the Add to cart command or an equivalent phrase on the page of the said Goods, and then specifies the data, method of delivery, and payment. 3. The cart offers the Client the possibility to:- a) add and remove Goods and their quantities;
- b) indicate the address to which the Goods should be delivered and provide data necessary for issuing an invoice;
- c) choose the method of delivery;
- d) choose the payment method;
- e) add a discount code (if applicable).
- a) cancellation of the entire order (if the Client chooses this option, StartUp is released from the obligation to fulfill the order);
- b) cancellation of the order in part, where fulfillment is not possible within the specified period (if the Client chooses this option, the order will be executed in part, while StartUp is released from the obligation to fulfill it in the remaining scope);
- c) execution of a substitute service, which will be agreed with the Client. The order for the substitute service, once approved by the Client, will be treated as final;
- d) splitting the order and setting a new fulfillment deadline for the part of the order that cannot be fulfilled within the originally specified period (if the Client chooses this option, the Goods comprising the order will be sent in several separate shipments, and the Client will incur additional costs associated with dividing the order into several shipments).
§ 4 Liability for Non-Conformity of Goods with the Agreement
1. The provisions of this paragraph of the Terms and Conditions, in accordance with Chapter 5a of the Act of May 30, 2014, on consumer rights, apply toStartUp's liability for non-conformity of the Goods with the Agreement concluded with:- a) Consumer, or
- b) a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, particularly based on the subject of their business activity, disclosed under the Central Registration and Information on Business.
- a) repair of the Goods;
- b) exchange of the Goods.
- a) StartUp refused to bring the goods into compliance with the agreement in accordance with Art. 43d sec. 2 of the Act of May 30, 2014, on consumer rights;
- b) StartUp did not bring the goods into compliance with the agreement in accordance with Art. 43d sec. 4-6 of the Act of May 30, 2014, on consumer rights;
- c) the non-conformity of the goods with the contract persists despite StartUp's attempt to bring the goods into compliance with the agreement;
- d) the non-conformity of the goods with the agreement is so significant that it justifies reducing the price or withdrawing from the contract without first using the protection measures specified in Art. 43d of the Act of May 30, 2014, on consumer rights;
- e) from StartUp's statement or circumstances, it is clear that he will not bring the goods into compliance with the agreement within a reasonable time or without excessive inconvenience to the consumer.
- a) Consumer;
- b) a natural person concluding a contract with StartUp directly related to their business activity, when the content of this contract indicates that it does not possess a professional character for this person, particularly based on the subject of their business activity, disclosed under the Central Registration and Information on Business.
§ 5 Provision of Services
1. StartUp provides Services for Clients, the type, scope, and detailed description of which are indicated on the Service. Services include, in particular, website creation, coding, website promotion, and other related services. 2. Services are provided in the manner indicated on the Service, especially on the page concerning a given Service. 3. StartUp posts information on the Service about the way for the Client to place orders for Services. To place an order, the Client indicates the Services they are interested in, and then enters the data necessary to conclude the Agreement and perform the Service, including specifying the method of performing the Service (if applicable) and the payment method. 4. If a button or similar function is used to place an order on the Service, they are clearly marked with the words “order with obligation to pay” or another equivalent unambiguous phrase. 5. Placing and confirming the order entails the Client's obligation to pay the fee for the Services and any additional costs. The order confirmation by StartUp is the moment of concluding a service provision agreement between StartUp and the Client. 6. The Client is informed about the start and end date of the Services provision before the Agreement is concluded, especially through the Service. 7. If, at the express request of the Client, the performance of the Service is to begin before the expiration of the withdrawal period from the contract concluded outside the business premises, StartUp requires the Client to submit a statement:- a) containing such explicit request on a durable medium;
- b) acknowledging the information about the loss of the right to withdraw from the contract from the moment of its full performance by StartUp.
- a) cessation or StartUp's decision to cease the operation of the organized part of StartUp's enterprise, indicated in § 1;
- b) a significant change or StartUp's decision on a significant change in the subject of the activity of the organized part of StartUp's enterprise, indicated in § 1;
- c) significant reorganization within StartUp's enterprise;
- d) occurrence of failures or obstacles (in particular technical), not caused by StartUp, preventing or significantly hindering the provision of Services to the Client;
- e) Client's delay in paying the fee to StartUp;
- f) significant breach of the Agreement or the Terms and Conditions by the Client.
§ 6 Liability for Non-Conformity of the Service with the Agreement
1. A complaint concerning Services provided not in accordance with the Agreement should contain a demand, depending on the nature of the Service. 2. A complaint concerning the non-conformity of the Service with the Agreement will be considered within 14 (in words: fourteen) days of its receipt. 3. In the case where StartUp does not respond to the complaint within the deadline, it is assumed that the complaint was acknowledged. 4. StartUp informs the Client about the result of the complaint consideration on paper or another durable medium. 5. In case of acknowledging the complaint concerning the Service, StartUp performs the Service correctly, refunds the entire or part of the received remuneration to the Client, or provides the Client with other benefits, depending on the type of Service and the circumstances of the case. 6. StartUp's liability is limited to the value of the unperformed or improperly performed Service. StartUp's liability for damage caused by non-performance or improper performance of the Service does not include lost benefits. 7. StartUp's liability for defects in Services, as well as non-performance / improper performance of the contract concluded with the Client, is excluded in the case of contracts concluded for the benefit of a Client who is not:- a) a Consumer;
- b) a natural person concluding a contract with StartUp directly related to their business activity, when the content of this contract indicates that it does not possess a professional character for this person, particularly based on the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business.
§ 7 Contracts for Supplying Digital Content or Digital Service
1. The provisions of this paragraph and the next paragraph of the Terms and Conditions, in accordance with Chapter 5b of the Act of May 30, 2014, on consumer rights, apply to Contracts for Supplying Digital Content or Digital Service concluded with:- a) Consumer, or a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, particularly based on the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business.
- a) cessation or StartUp's decision to cease the operation of the organized part of StartUp's enterprise, indicated in § 1;
- b) a significant change or StartUp's decision on a significant change in the subject of the activity of the organized part of StartUp's enterprise, indicated in § 1;
- c) significant reorganization within StartUp's enterprise;
- d) occurrence of failures or significant difficulties (in particular technical) in the functioning of the Service, not caused by StartUp;
- e) Client's delay in paying the fee to StartUp;
- f) significant breach of the Agreement or the Terms and Conditions by the Client.
§ 8 Liability for Non-Conformity of Digital Content or Digital Service with the Agreement
1. If StartUp did not deliver the digital content or digital service, the Client calls on them to deliver it. If StartUp does not deliver the digital content or digital service promptly or within an additional, explicitly agreed period, the Client may withdraw from the contract. This provision does not apply if the contract provides for the delivery of digital content via a tangible medium. 2. StartUp is liable for non-conformity with the contract of digital content or digital service provided:- a) once or in parts, existing at the time of delivery and revealed within two years from that moment;
- b) continuously, that occurred or was revealed during the time they were to be delivered according to the contract.
- a) bringing the digital content or digital service into compliance with the contract is impossible or would require excessive costs according to Art. 43m sec. 2 and 3 of the Act on consumer rights;
- b) StartUp did not bring the digital content or digital service into compliance with the contract according to Art. 43m sec. 4 of the Act on consumer rights;
- c) the non-conformity of the digital content or digital service with the contract persists, even though StartUp attempted to bring the digital content or digital service into compliance;
- d) the non-conformity of the digital content or digital service with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measure specified in Art. 43m of the Act on consumer rights;
- e) from StartUp's statement or circumstances, it is clear that they will not bring the digital content or digital service into compliance with the contract within a reasonable time or without excessive inconvenience for the Client.
- a) a Consumer;
- b) a natural person concluding a contract with StartUp directly related to their business activity, when the content of this contract indicates that it does not possess a professional character for this person, particularly based on the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business.
§ 9 Product Prices and Delivery Costs
1. Prices listed for Products offered on the Service are gross prices, meaning they include the value-added tax (VAT). Prices are given in Polish currency (zloty - PLN). 2. The price indicated for a given Product does not include shipping costs. 3. The Client bears the shipping costs unless the StartUp's offer content on the Service states otherwise. 4. The total amount that the Client must pay in connection with the purchase of the selected Product consists of the Product price and the delivery cost. 5. If on the Service page for a given Product or during the Client's order placement StartUp has not specified a different method of fulfilling the service, the methods of delivering Products are as follows:- a) for Goods – shipment to the address provided by the Client or through personal pickup at the StartUp's premises;
- b) for Digital Services – to the email address provided by the Client;
- c) for other Services – in a manner specified on the Service page for the given Service or during the Client's order placement, especially resulting from the type of Service.
§ 10 Payment Methods
1. On the Service, StartUp clearly indicates, at the latest at the beginning of the Client's order placement, clear and legible information about accepted payment methods. 2. If on the Service – on the page of a given Product or during the Client'sorder placement, StartUp has not specified a different payment method, the Client makes payment in one of the following ways:- a) by transfer via one of the electronic payment systems accepted by StartUp, allowing for quick payment for the order;
- b) by regular bank transfer to the account indicated by StartUp.
§ 11 Right to Withdraw from the Contract
1. The provisions of this paragraph apply to a Client who is a Consumer or a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, particularly based on the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business. 2. The Client referred to in sec. 1 has the right to withdraw from the Contract without giving any reason and without incurring costs, unless the universally binding legal provisions or the provisions of these Terms and Conditions state otherwise. The Contract from which the Client referred to in sec. 1 has withdrawn is considered not concluded. 3. To withdraw from the contract, it is sufficient to submit a statement of withdrawal from the contract and send it to StartUp within 14 (in words: fourteen) days. 4. The period for withdrawing from the contract begins:- a) for a Contract in which StartUp issues the Goods, being obliged to transfer its ownership – from taking possession of the Goods by the Client or a third party designated by them other than the carrier, and in the case of a Contract that:
- • includes multiple Goods that are delivered separately, in batches or in parts – from taking possession of the last Good, batch, or part,
- • is based on the regular delivery of Goods for a defined period – from taking possession of the first of the Goods;
- b) for other Contracts – from the day of concluding the Contract.
- a) to send a written statement to the StartUp's address indicated in the Terms and Conditions or on the Service, or
- b) to send a statement in documentary form to the StartUp's email address indicated in the Terms and Conditions or on the Service.
- a) for the provision of services, for which the consumer is obliged to pay the price, if the entrepreneur fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the completion of the service by the entrepreneur, they would lose the right to withdraw from the contract, and accepted it;
- b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract;
- c) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individualized needs;
- d) in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
- e) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;
- f) in which the subject of the service are goods, which after delivery, due to their nature, are inseparably mixed with other items;
- g) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and which can be delivered only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
- h) in which the consumer expressly requested the entrepreneur to come to them to perform urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or delivers goods other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract applies to the consumer in relation to additional services or goods;
- i) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
- j) for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
- k) concluded through a public auction;
- l) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract marked the day or period of service provision;
- m) for the delivery of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur commenced the service with the express and prior consent of the consumer, who was informed before the commencement of the service, that after the completion of the service by the entrepreneur, they would lose the right to withdraw from the contract, and accepted it, and the entrepreneur provided the consumer with confirmation as referred to in Art. 15 sec. 1 and 2 or Art. 21 sec. 1 of the Act on consumer rights.
- n) declaration of services, for which the consumer is obliged to pay the price, in cases where the consumer expressly requested the entrepreneur to come to them to perform a repair, and the service has already been fully performed with the express and prior consent of the consumer.
§ 12 Refund of Payments Made by the Client
StartUp will refund the money within 14 (in words: fourteen) calendar days, using the same payment methods that were used by the Client for payment, unless the Client has expressly agreed to a different method of refund, which does not involve any costs for them, in the case of:- a) withdrawal from the contract in whole or in part (in such case, the corresponding part of the price is subject to refund) in case of an order paid in advance before its fulfillment;
- b) acknowledgment of the complaint and the impossibility of repairing the damaged Goods or replacing them with new ones, or providing the Service / Digital Service in accordance with the contract;
- c) acknowledgment of the right to demand a price reduction for the Product.
§ 13 Newsletter
1. The Client may consent to receive commercial information, including commercial information electronically, by selecting the appropriate option in the registration form or through the Service. In case of such consent, the Client will receive the StartUp newsletter (Newsletter) to the email address they have provided. 2. The Client may at any time unsubscribe from the Newsletter by notifying StartUp of their resignation.§ 14 StartUp Contact Details
The Client can contact StartUp:- 1) by phone, at: +48780058200;
- 2) via email, at: info@1fix.me
§ 15 Final Provisions
1. StartUp informs that using services provided electronically is associated with risks stemming from the public nature of the Internet, including in particular the possibility of unauthorized third parties obtaining or modifyingClient's data. To minimize the aforementioned risk, the Client should use appropriate security measures, including especially using antivirus programs, having up-to-date versions of web browsers and operating systems, and not using open access points. 2. To the fullest extent permitted by law, StartUp is not responsible for blocking by mail server administrators the transmission of messages to the email address provided by the Client and for deleting and blocking email messages by software installed on the computer used by the Client. 3. StartUp is not responsible for devices and infrastructure used by the Client, including the faulty operation of public teleinformation networks, causing, for example, lack of access or disruptions in accessing the Service's website. 4. StartUp informs that displaying product visualizations in the Client's information system when using the Service depends on several factors, including the type of display matrix, proportions, resolution, backlighting method, applied technologies, and efficiency of control electronics, as well as settings. Discrepancies between the visualization available in the Client'sinformation system and the actual appearance of the Product cannot be the basis for a complaint. 5. StartUp informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials, or photographs posted on the Service are legally protected and are used by StartUp solely for informational purposes. 6. To the fullest extent permitted by law, StartUp is not responsible for disturbances, including interruptions, in the functioning of the Service caused by force majeure, unauthorized action of third parties, or incompatibility of the Service with the Client's technical infrastructure. 7. StartUp reserves the right to temporarily suspend the operation of the Service, especially for maintenance, development, or modernization works. 8. All product names offered in the Service are used for identification purposes and may be protected or reserved under the provisions of the Industrial Property Law Act. 9. StartUp draws attention that the Service contains content protected by intellectual property law, in particular works protected by copyright law (content posted on the Service, graphic layout, graphics, photographs, etc.). Clients and visitors to the Service are obliged to respect intellectual property rights (including copyright and industrial property rights such as trademarks registration) of StartUp and third parties. The Client or visitor to the Service bears sole responsibility for not complying with the provisions of this point. 10. The Client may not post content of an unlawful nature, inconsistent with the law, immoral, or infringing on the good of third parties on the Service, nor may they publish links to pornographic, obscene, or dignity-offending materials. 11. The Client is obliged to refrain from any activity that could affect the proper functioning of the Service, including in particular any interference with the operation of the Service or its technical elements. 12. StartUp undertakes to inform registered Clients of the Service about each change in the Terms and Conditions by sending an electronic message to the email address provided during registration, and the Client, upon receiving such information, may delete their Account at any time. Changes in the Terms and Conditions do not affect contracts concluded before the entry into force of the changes. 13. In matters not regulated in the Terms and Conditions, the applicable provisions of Polish law apply, in particular the provisions of:- 1) the Act of April 23, 1964, Civil Code;
- 2) the Act of May 30, 2014, on consumer rights;
- 3) the Act of July 18, 2002, on providing services by electronic means.
Notice on Out-of-Court Dispute Resolution
According to the Regulation of the European Parliament and of the Council (EU) No 524/2013 of May 21, 2013, on the online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), the Entrepreneurship Development Foundation "Twój Startup" based in Warsaw hereby provides an electronic link to the online ODR platform: https://webgate.ec.europa.eu/odr. The ODR platform enables the out-of-court resolution of disputes between entrepreneurs and consumers. The resolution of disputes by this method is voluntary.MODEL WITHDRAWAL FORM (This form should be filled out and returned only if you wish to withdraw from the contract)

Complaint Form Template
