Terms of service

These Terms of Service govern the use of the EDUstick® online store, available at edustick.eu, operated by EDUstick Sp. z o.o. with its registered office in Warsaw, Poland. They apply to all Customers — both Consumers and Business Customers — and define the rules for placing orders and concluding distance sales contracts through the Store. In case of any discrepancy between this English translation and the original Polish version, the Polish text prevails.

§ 1General Provisions

1. The EDUstick® online store, available at edustick.eu, is operated by EDUstick Sp. z o.o., entered in the National Court Register (KRS) maintained by the District Court for the Capital City of Warsaw, 14th Commercial Division, under KRS number 0001116158, Tax ID (NIP) 9522258570, Statistical ID (REGON) 529170439 — hereinafter referred to as the Company.
2. These Terms apply both to Consumers and to Business Customers using the Store, and define the rules for using the online store and for concluding distance Sales Agreements with Customers through the Store.

§ 2Definitions

1. Customer (User) — any entity making purchases through the Store.
2. Seller — EDUstick Sp. z o.o. with its registered office in Warsaw at ul. Żegańska 15, 04-713 Warsaw, entered in the National Court Register (KRS) maintained by the District Court for the Capital City of Warsaw, 14th Commercial Division, under KRS number 0001116158, with share capital of PLN 50,000, NIP 9522258570, REGON 529170439.
3. Consumer — a natural person concluding a contract with the Seller through the Store, where the subject of the contract is not directly related to their business or professional activity.
4. Business Customer (Entrepreneur) — a natural person, legal person, or organisational unit without legal personality to which a separate act grants legal capacity, carrying out business activity in its own name and using the Store.
5. Store — the online store operated by the Seller at edustick.eu.
6. Distance Contract — a contract concluded with a Customer within an organised distance contracting system (within the Store), without simultaneous physical presence of the parties, exclusively using one or more means of distance communication up to and including the moment the contract is concluded.
7. Terms — these Terms of Service.
8. Order — the Customer's declaration of intent submitted via the Order Form, aimed directly at concluding a Sales Agreement for one or more Products with the Seller.
9. Account — the Customer's account in the Store, in which data provided by the Customer and information about Orders placed in the Store are collected.
10. Registration Form — the form available in the Store enabling the creation of an Account.
11. Order Form — the interactive form available in the Store enabling Order placement, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
12. Cart — a component of the Store software where Products selected by the Customer for purchase are displayed, and where it is possible to set and modify Order details, in particular the quantity of products.
13. Product — a movable item or service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement — a contract for the sale of a Product concluded or being concluded between the Customer and the Seller through the online store. The Sales Agreement also includes, depending on the nature of the Product, a service contract or a contract for specific work.

§ 3Contact with the Store

The Customer may communicate with the Seller using the addresses and phone numbers indicated above.

§ 4Technical Requirements

To use the Store, including browsing its assortment and placing Orders for Products, the following are required:

1. An end device with Internet access and a web browser compatible with the Shopify technology that powers the EDUstick store;
2. An active email account;
3. An active phone number;
4. Cookies enabled.

§ 5General Information

1. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require creating an Account. Customers may place Orders for Products available in the Store either after creating an Account in accordance with § 6 of these Terms, or by providing the necessary personal and address data enabling Order fulfilment without creating an Account.
3. Prices in the Store are quoted in Polish Złoty (PLN) and are gross prices (including VAT) — or, in specific cases, in Euro (EUR) or US Dollars (USD), also as gross prices including VAT.
4. The final amount payable by the Customer consists of the Product price and the delivery cost (including transport, delivery, and postal service fees), of which the Customer is informed on the Store's pages during Order placement, including at the moment of confirming the intention to be bound by the Sales Agreement.
5. For Agreements covering subscriptions or services for an indefinite period, the final price is the total price covering all payments for the billing period.
6. Where the nature of the subject of the Agreement does not reasonably allow the final price to be calculated in advance, information on how the price will be calculated, as well as on transport, delivery, postal, and other costs, will be provided in the Store in the Product description.

§ 6Creating an Account in the Store

To create an Account in the Store, complete the Registration Form. The following data is required: first and last name, an active email address, an active phone number, country of residence, and a password.

1. Creating an Account in the Store is free of charge.
2. Logging into the Account is done by entering the login and password set in the Registration Form.
3. The Customer may, at any time, without giving reasons and without any fees, delete their Account by sending a relevant request to the Seller — in particular by email or in writing to the addresses specified in § 3.

§ 7Placing an Order

To place an Order:

1. Log into the Store (optional);
2. Select the Product that is the subject of the Order and click "Add to Cart" (or equivalent);
3. Log in or use the option to place an Order without registration;
4. If placing an Order without registration — complete the Order Form by entering the recipient's data and the address for delivery, select the shipping method, and enter invoicing data if different from the recipient's data;
5. Click "Order and pay" (or click "Order and pay" and confirm the order via the link sent by email);
6. Select one of the available payment methods and, depending on the chosen method, pay for the order within the specified timeframe, subject to § 8(3).

§ 8Delivery and Payment Methods

1. The Customer may use the following methods of delivery or collection of the ordered Product, provided they are available for the Product ordered:
   1. Courier delivery;
   2. In-person pickup, available at: EDUstick Sp. z o.o., ul. Żegańska 15, 04-713 Warsaw.
2. The Customer may use the following payment methods, provided they are available for the Product ordered:
   1. Cash on delivery;
   2. Bank transfer to the Seller's account;
   3. Electronic payments;
   4. Payment card.

Detailed information about currently available delivery methods and accepted payment methods is provided on the Store's pages.

§ 9Performance of the Sales Agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the online store, in accordance with § 7 of these Terms.
2. After the Order has been placed, the Seller promptly confirms its receipt and simultaneously accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment takes place via an email sent by the Seller to the Customer at the email address provided during Order placement, containing at minimum the Seller's statements regarding receipt of the Order, its acceptance for fulfilment, and confirmation of the conclusion of the Sales Agreement. Upon the Customer's receipt of the above email, the Sales Agreement between the Customer and the Seller is concluded.
3. In the event the Customer selects:
   1. Bank transfer, electronic payment, or payment card — the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement. Otherwise, the order will be cancelled.
   2. Cash on delivery — the Customer is obliged to make payment upon receipt of the shipment.
   3. Cash payment upon in-person pickup — the Customer is obliged to make payment upon collection of the shipment within 3 days from the date of receiving notification that the shipment is ready for collection.
4. If the Customer selects a delivery method other than in-person pickup, the Product will be shipped by the Seller within the period indicated in its description (subject to paragraph 5 of this section) using the method selected by the Customer when placing the Order.
5. If Products with different delivery dates are ordered, the delivery date is the longest of those indicated.
6. The delivery period begins:
   1. For bank transfer, electronic payment, or payment card — from the date the Seller's bank account is credited.
   2. For cash payment upon in-person pickup — from the date of conclusion of the Sales Agreement.
7. If the Customer selects in-person pickup, the Product will be ready for collection within the period indicated in the Product description. The Customer will be additionally notified of the Product's readiness for collection via an email sent to the address provided during Order placement.
8. If Products with different pickup-readiness dates are ordered, the Customer may collect the Products in parts (according to their readiness for collection) or collect all Products once the entire Order is complete.
9. Delivery of Products takes place within the European Union.
10. Delivery of the Product to the Customer is paid, unless the Sales Agreement provides otherwise. Delivery costs (including transport, delivery, and postal service fees) are indicated to the Customer on the Store's pages under "Shipping costs" and during Order placement, including at the moment the Customer confirms the intention to be bound by the Sales Agreement.
11. In-person pickup of the Product by the Customer is free of charge.

§ 10Right of Withdrawal

1. A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period referred to in paragraph 1 begins on the day the Product is delivered to the Consumer or to a person other than a carrier designated by the Consumer.
3. In the case of an Agreement covering multiple Products delivered separately, in batches, or in parts, the period referred to in paragraph 1 begins on delivery of the last item, batch, or part.
4. In the case of an Agreement consisting of regular delivery of Products for a fixed period (subscription), the period referred to in paragraph 1 begins on taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
6. If the statement is sent by the Consumer electronically, the Seller will promptly send the Consumer a confirmation of receipt of the withdrawal statement to the email address provided.
7. Consequences of withdrawal:
   1. Upon withdrawal from a Distance Contract, the Contract is deemed not to have been concluded.
   2. Upon withdrawal, the Seller shall promptly — no later than within 14 days of receiving the Consumer's withdrawal statement — refund all payments made by the Consumer, including delivery costs, except for additional costs arising from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
   3. The Seller will refund payment using the same payment methods used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution that involves no costs for them.
   4. The Seller may withhold the refund until the Product is returned, or until proof of return is provided — whichever occurs first.
   5. The Consumer should send the Product back to the Seller's address indicated in these Terms promptly, no later than 14 days from the day on which they notified the Seller of withdrawal. The deadline is met if the Consumer sends the Product before this period expires.
   6. The Consumer bears the direct costs of returning the Product, including the cost of return if, due to its nature, the Product cannot be returned by ordinary postal means.
   7. The Consumer is liable only for any reduction in the value of the Product resulting from use beyond what was necessary to ascertain its nature, characteristics, and functioning.
8. Where, due to the nature of the Product, it cannot be returned by ordinary post, information about this and about return costs will be provided in the Product description in the Store.
9. The right of withdrawal from a distance contract does not apply to Agreements:
   1. Where the subject is a non-prefabricated item manufactured to the Consumer's specifications or serving to meet their individualised needs;
   2. Where the subject is delivered in a sealed package that cannot be returned after opening for health protection or hygiene reasons, if the package was opened after delivery;
   3. Where the subject is a perishable item or one with a short shelf life;
   4. For the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before performance that they would lose the right of withdrawal upon performance;
   5. Where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, which may occur before the withdrawal deadline expires;
   6. Where the subject is items which, after delivery, are inseparably combined with other items due to their nature;
   7. Where the subject is alcoholic beverages whose price was agreed at the conclusion of the sales contract, delivery of which can only take place after 30 days, and whose value depends on market fluctuations over which the Seller has no control;
   8. Where the subject is sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
   9. For the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
   10. For the delivery of digital content not stored on a tangible medium, if performance began with the express consent of the Consumer before the withdrawal deadline expired and after they were informed by the Seller of the loss of the right of withdrawal.

§ 11Complaints and Warranty

1. The Sales Agreement covers new Products.
2. The Seller is obliged to deliver to the Customer a product free of defects.
3. In the event of a defect in goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions on statutory warranty in the Polish Civil Code.
4. Complaints should be submitted in writing or electronically to the Seller's addresses specified in these Terms, or using the electronic complaint form made available by the Seller on a Store subpage.
5. It is recommended that the complaint include: a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer filing the complaint, and the Customer's demand in connection with the defect.
6. The Seller will respond to the complaint promptly — no later than within 14 days if the Customer is a Consumer. If the Customer is a Consumer and the Seller does not respond within 14 days, the Customer's demand is deemed accepted as justified.
7. Goods returned under the complaint procedure should be sent to the address indicated in § 3 of these Terms.
8. Where a Product is covered by a warranty, information about it and its content will be included in the Product description in the Store.

§ 12Out-of-Court Dispute Resolution

1. Detailed information on the Consumer's options for out-of-court complaint resolution and claim enforcement, and the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Trade Inspectorates, and at the following addresses of the Polish Office of Competition and Consumer Protection (UOKiK):
   1. uokik.gov.pl/spory_konsumenckie.php
   2. uokik.gov.pl/sprawy_indywidualne.php
   3. uokik.gov.pl/wazne_adresy.php
2. The Consumer has the following example options for out-of-court complaint resolution and claim enforcement:
   1. The Consumer is entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws 2014, item 148, as amended), requesting resolution of a dispute arising from an Agreement with the Seller.
   2. The Consumer is entitled to apply to the provincial trade inspector, in accordance with Article 36 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws 2014, item 148, as amended), requesting initiation of mediation proceedings for amicable resolution of a dispute between the Consumer and the Seller.
   3. The Consumer may obtain free assistance in resolving a dispute with the Seller from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Polish Consumer Federation and the Association of Polish Consumers).

§ 13Personal Data in the Online Store

1. The controller of the personal data of Customers collected through the online store is the Seller.
2. The personal data of Customers collected by the controller through the online store is processed for the purpose of performing the Sales Agreement and — if the Customer consents — also for marketing purposes.
3. Recipients of personal data of Customers of the online store may be:
   1. For Customers using postal or courier delivery — the controller makes the collected personal data available to the selected carrier or shipping intermediary handling shipments on the controller's behalf.
   2. For Customers using electronic payment or payment card — the controller makes the collected personal data available to the selected entity handling such payments in the online store.
4. The Customer has the right of access to their data and the right to correct it.
5. Providing personal data is voluntary; however, failure to provide the personal data specified in these Terms as necessary to conclude a Sales Agreement results in the inability to conclude such an agreement.

For full details on personal data processing, see our Privacy Policy.

§ 14Final Provisions

1. Agreements concluded through the online store are concluded in Polish.
2. The Seller reserves the right to amend these Terms for important reasons — i.e. changes in legislation, changes in payment or delivery methods — to the extent that such changes affect the implementation of these Terms. The Seller will notify the Customer of each change at least 7 days in advance.
3. In matters not regulated by these Terms, generally applicable provisions of Polish law apply, in particular: the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act, and the Personal Data Protection Act.
4. The Customer has the right to use out-of-court complaint resolution and claim enforcement. For this purpose, the Customer may file a complaint via the EU's online dispute resolution platform (ODR), available at ec.europa.eu/consumers/odr.