§1. Introductory provisions

1. The Regulations define the terms and conditions of contracts concluded via the nudu.pl store and the terms and conditions of delivering the Commercial Newsletter.
2. Each Customer and User is obliged to read and accept the terms and conditions set out in the Regulations before concluding an Agreement with the Seller.

§2. Definitions

The definitions used in the Regulations should be understood as follows:

1. Seller – Nu Du Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Dolna 14/16/18 lok. 60, 00-774 Warsaw, entered into the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0000988511, NIP: 701-110-23-57, REGON: 522901130, share capital of PLN 5,000 (hereinafter referred to as “Nu Du”).
2. Client – a natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, who makes purchases through the Store.
3. User – a natural person with full legal capacity who subscribes to the Newsletter and thus concludes an Agreement with the Seller.
4. Consumer – a natural person making a purchase on the Website not directly related to his or her business or professional activity.
5. An entrepreneur with consumer rights – a natural person making a purchase directly related to his/her business activity, when it results from the content of this agreement that it is not of a professional nature for him/her, resulting in particular from the subject of the business activity he/she conducts (specified in the CEIDG).
6. Website – website operated by the Seller, available at: www.nudu.pl.
7. Store – functionality of the Website through which the Customer can make a purchase, available at: www.nudu.pl.
8. Commodity – a physical product available in the Store’s assortment that is the subject of the Agreement between the Customer and the Seller.
9. Service – a service consisting of computer embroidery of a monogram on the Goods.
10. Commercial Newsletter – digital content delivered to people who have subscribed using the Subscription Form on the Website. The content of the Commercial Newsletter may also include a so-called lead magnet (gift for signing up), which is delivered to the User once after signing up for the Newsletter.
11. Basket – an element of the Store software in which the Goods and Services selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data.
12. Order form – a form available in the Store enabling the placement of an Order, in particular by adding Goods and Services to the Basket and specifying the terms of the Distance Agreement, including the method of delivery and payment.
13. Registration form – a form available on the Website enabling the conclusion of an agreement for the delivery of the Commercial Newsletter.
14. Registration form – a form available in the Store enabling the creation of an Account.
15. Account – an account in the Store, which the Customer may, but does not have to, set up and which collects data provided by the Customer and information about Orders placed by him in the Store.
16. Order – declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding the Agreement.
17. Payment operators:
    • Przelewy24 payment system owned by PayPro SA, with its registered office in Poznań (60-198), at ul. Pastelowa 8, entered into the register of entrepreneurs of the National Court Register maintained by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, Tax Identification Number (NIP) 779-236-98-87,
    • PayPal payment system belonging to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal L-2449 Luxembourg, Commercial Register Number: RCS Luxembourg B 118 349, VAT Number: LU22046007,
    • PayPo payment system owned by PayPo Sp. z oo with its registered office in Warsaw, address: ul. Domaniewska 39, Warsaw (postal code: 02-672), entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000575158, NIP: 5213705997.
18. Agreement – a distance contract concluded with the Customer as part of an organised system for concluding distance contracts (Store or Subscription Form on the Website), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
19. Statute – these regulations.

§3. How to contact Seller

1. The Customer may contact the Seller in particular:
   • via e-mail to the following address: hello@nudu.pl,
   • in writing to the following address: Nu Du sp. z o. o., ul. Dolna 14/16/18 lok. 60, 00-774 Warsaw,
   • and also by phone: 22 841 01 97 from 12:00 to 18:00 on weekdays.
2. Seller’s bank account number: mBank SA 26 1140 2004 0000 3202 8489 2192.

§4. Customer's digital environment

1. To use the Website and the Store, including browsing the Seller's assortment and the scope of Services and placing Orders, the following are necessary:
   • a terminal device with Internet access, an operating system and a web browser enabling browsing of websites,
   • pdf file viewer,
   • active electronic mail address (e-mail).
2. The Seller takes technical and organizational measures to ensure the Customer's safe access to the Website and the Store and to use the functionalities of the Website and Products and Services, in particular measures to prevent access and modification of personal data by unauthorized persons.
3. The Seller is entitled to a technical break in the functioning of the Website, including the Store, necessary for planned, ongoing service and maintenance of the server and software. In the event of a planned break, Customers will be clearly notified about it on the Website.
4. The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Website and the Store caused by force majeure, unauthorized actions of third parties or incompatibility with computer hardware or software used by the Customer.

§5. Commercial Newsletter

1. The Seller enables the subscription to the Newsletter via the Website. The Seller describes the terms and conditions of this service on the Website.
2. To receive the Newsletter, please take the following steps:
   • complete the Newsletter subscription form;
   • consent to the processing of personal data for the purpose of sending the Newsletter covering direct marketing of the Seller's products and services;
   • read and accept the content of these Regulations and save by clicking the "Save" button;
   • then find the email from the Seller sent to the address provided in the subscription form and click the button confirming subscription to the Newsletter.
3. The Newsletter delivery agreement is concluded for an indefinite period and may be terminated at any time with immediate effect. The Newsletter delivery agreement may be terminated by unsubscribing according to the instructions included in each Newsletter or by sending an appropriate request to the Seller by e-mail or in writing to the address provided in §3 of the Regulations.

§6. Creating an Account in the Store

1. Creating an Account in the Store is free of charge.
2. In order to create an Account in the Store, complete the Registration Form or mark the appropriate checkbox in the Order Form.
3. Logging in to the Account is done by entering the login and password set in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account, using the Account functionality or by sending an appropriate request to the Seller, in particular via e-mail or in writing to the address provided in §3. Deleting the Account means no access to the data collected in the Account.

§7. Rules for placing an Order

1. Orders can be placed in the Store 24 hours a day, 365 days a year.
2. Browsing the Store's assortment does not require creating an Account.
3. The Customer may place orders for Goods and Services in the Store's assortment:
   • after creating an Account in accordance with the instructions contained in §8 of the Regulations
   • or without creating an Account, by providing the necessary personal and address data enabling the execution of the Order.
4. To place an Order without registration you must:
   • Select the Product and/or Service that is the subject of the Order and then click the "Add to Cart" button,
   • go to the basket and click "Proceed to payment",
   • complete the Order Form by entering the details of the Order recipient and the address to which delivery is to be made and select the type of shipment (method of delivery of the Goods or Services, if applicable),
   • enter the invoice details if they are different from the Order recipient’s details,
   • select one of the available payment methods, accept the Terms and Conditions, consent to the delivery of the Product and/or Service in circumstances resulting in the loss of the right to withdraw from the contract (if applicable) and click the “Buy and pay” button,
   • make a payment within a specified time, in a previously selected manner.
5. In order to place an Order with registration (creating an Account), you must:
   • select the Product and/or Service that is the subject of the Order and then click the "Add to cart" button,
   • go to the basket and click "Proceed to payment",
   • when ordering for the first time, complete the Order Form by entering the details of the recipient of the Order and the address to which the delivery is to be made, select the type of shipment (method of delivery of the Goods, if applicable), and check the "Create an account?" box,
   • for subsequent orders, log in to the Store,
   • enter the invoice details if they are different from the Order recipient’s details,
   • select one of the available payment methods, accept the Terms and Conditions, consent to the delivery of the Product and/or the provision of the Service in circumstances resulting in the loss of the right to withdraw from the contract (if applicable) and click the “Buy and pay” button,
   • make a payment in the previously selected method.
6. Online payment is made directly on the Payment Operator's website.
7. After making the online payment, the Customer will be redirected back to the Website.
8. When the Customer confirms placing the Order using the "Buy and pay" button, an Agreement is concluded between the Customer and the Seller.
9. The Customer will receive, to the e-mail address provided in the order, confirmation of the conclusion of the agreement, confirmation of receipt of the consent of the Consumer/Entrepreneur with consumer rights to the delivery of Goods or Services in circumstances resulting in the loss of the right to withdraw from the agreement (if applicable) as well as a copy of the content of these Regulations.

§8. Prices and offered delivery and payment methods

1. The prices of Goods and Services are specified in their descriptions available on the Website and in the Store.
2. All prices on the Website and in the Store are expressed in Polish zloty and are gross prices.
3. The Seller does not apply individual price adjustments based on automated decision-making.
4. The price shown for the Goods or Services at the time the Customer places the Order in accordance with the procedure described in §9 of the Regulations is binding on the parties to the transaction.
5. The price for the Goods or Services is the total amount to be paid by the Customer, and the Customer is informed about it on the Store's website when placing the Order, including at the time of expressing the will to accede to the Agreement.
6. In the case of Goods, the total amount to be paid by the Customer consists of the price for the Goods and/or Services and the cost of delivery, about which the Customer is informed on the Store's website when placing the Order, including at the time of expressing the will to enter into the Sales Agreement. 
7. The Seller shall deliver the Goods no later than within 2-3 business days, unless the Seller has indicated a different date in the product description. In the case of pre-sale, the physical Product will be delivered within the time specified in the product description provided on the Website.
8. A customer ordering Goods may use the following methods of delivery or collection of the ordered Goods:
   • InPost courier delivery,
   • DHL courier delivery
   • InPost parcel lockers.
   • Personal collection: Nu Du, ul. Dolna 14/16/18 Warsaw, Mon-Fri: 10am-6pm, Sat 10am-2pm.
9. The customer can pay for their order by choosing one of the following payment methods:
   • payment by transfer to the Seller's account,
   • debit card,
   • credit card,
   • electronic transfers Przelewy24, PayPal, PayPo,
   • mobile payments, including blik,
10. Detailed information on available payment methods for Goods and Services can be found in the Order Form.
11. By concluding an Agreement with the Seller, the Customer consents to sending invoices and their corrections electronically to the e-mail address provided in the Order Form or e-mail message sent to the Seller.

§9. Complaint

(Liability for non-conformity of performance with the contract)

1. The Seller is obliged to provide the Consumer and the Entrepreneur with consumer rights with Goods or Services in accordance with the agreement (so-called consumer warranty).
2. If the Consumer or Entrepreneur with consumer rights finds non-conformity with the contract, he or she should inform the Seller about it, at the same time specifying his or her claim related to the found non-conformity (filing a complaint).
3. The customer submits a complaint in writing or by email to the address provided in §3 of the Regulations.
4. The complaint should include the Customer's identifying information, a description of what the complaint concerns and the related demands. In the case of incomplete information, the Seller will request the Customer to complete it within 14 days of receiving the request with the instruction that failure to complete the deficiencies within the specified time will result in the complaint not being considered.
5. The deadline for considering a complaint by the Seller is 14 days from the date of a properly submitted complaint to the Seller.
6. Failure by the Seller to respond to a properly submitted complaint within the above deadline means that the complaint has been accepted by the Seller.
7. If the Customer is not a Consumer or an Entrepreneur with consumer rights, the Seller's liability under the warranty for physical or legal defects of the goods is excluded (pursuant to Art. 558§1 of the Civil Code).

§10. Right of withdrawal from the contract

1. The Customer who is a Consumer or an Entrepreneur with consumer rights and who has concluded a Distance Agreement with the Seller may withdraw from the Agreement without giving any reason within 14 days. In the case of Goods, the time limit is counted from the date of handover of the Goods to the Consumer/Entrepreneur using consumer protection or a person indicated by him, other than the carrier he chose to deliver the Goods.
2. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer or Entrepreneur with consumer rights to send information concerning the exercise of his right to withdraw from the contract before the deadline for withdrawal expires.
3. The right to withdraw from a contract concluded at a distance does not apply to the Consumer in relation to:
   • contracts for the provision of services for which the Consumer or the Entrepreneur with consumer rights is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer or the Entrepreneur with consumer rights, who was informed before the commencement of the provision that after the Seller has performed the service, he will lose the right to withdraw from the contract and has acknowledged this;
   • contracts for the provision of non-prefabricated goods, manufactured according to the specifications of the Consumer or Entrepreneur using consumer protection or serving to meet their individual needs;
   • contracts for the provision of Goods delivered in a sealed package which cannot be returned for health or hygiene reasons after opening the package if the package was opened after delivery;
   • contracts for the provision of Goods which, due to their nature, are inseparably connected with other items after delivery;
4. In order to withdraw from the contract, which does not cover the situations listed in section 3, the Consumer/Entrepreneur with consumer rights should inform the Seller of the intention to withdraw from the contract by means of a declaration of intent in the form of a letter sent by e-mail or post to the address provided in §3 of the Regulations.
5. The Consumer and the Entrepreneur with consumer rights may use the template provided in the appendix below these Regulations for this purpose. However, this is not obligatory.
6. In the event of withdrawal from the Agreement, the Seller shall return all payments received, no later than 14 days from the date on which the Seller was informed of the withdrawal from the Agreement by the Consumer or Entrepreneur with consumer rights.
7. The Seller will refund the payment using the same payment methods that were used in the original transaction, unless the Consumer/Entrepreneur with consumer rights has expressly agreed to another solution that will not involve any costs for him/her.
8. The Seller may withhold the refund until the Goods are received back..
9. The consumer bears all direct costs of the return, including packaging and shipping costs.
10. The Consumer and the Entrepreneur benefiting from consumer protection are liable for any reduction in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.

§11. Extrajudicial methods of resolving consumer disputes

1. The Seller agrees to resolve any disputes arising from distance contracts through mediation. The details will be determined by the parties to the conflict.
2. In a situation where the undertaken mediation proceedings are ineffective or the parties do not decide to conduct them, and the Customer is not a Consumer or an Entrepreneur with consumer rights, the court having jurisdiction to resolve any disputes related to such an agreement shall be the court having jurisdiction over the Seller's registered office.
3. The consumer has the option of using out-of-court complaint and claim settlement methods. Among other things, the consumer has the option of:
   • to refer to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract,
   • submitting a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute,
   • using the assistance of the district (municipal) consumer rights ombudsman or a social organization whose statutory tasks include consumer protection.
4. The consumer may also submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
5. For more detailed information on out-of-court complaint and claim settlement procedures, the Consumer may visit the website http://www.uokik.gov.pl

§12. Copyright

1. Goods and digital content available on the Website, in particular physical products marked with the NUDU brand, are works and are protected by copyright, and these rights belong to the Seller.

§13. Personal data and cookies

1. The principles of personal data processing and the use of cookies are described in the Privacy and Cookies Policy available at https://nudu.pl/polityka-prywatnosci-i-plikow-cookies/.

§14. Final provisions

1. Agreements concluded by the Seller are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, including: changes in legal regulations, decisions of a state authority, changes in the terms of service provision, including changes in payment and delivery methods, to the extent to which these changes affect the implementation of the provisions of these Regulations.
3. The Seller shall inform about planned changes to the Regulations by publishing them on its Website, and in the case of Users with whom it is bound by Agreements, also electronically to the User's e-mail address, provided that the User has provided it to the Seller.
4. The changes are effective from the date of publication of the Regulations on the Site, except for Customers and Users with whom the Seller concluded an Agreement before the changes were introduced and it was not fully performed until the changes were introduced. In the case of such Agreements, the changes are effective no earlier than 14 days from the date of informing the User and the Customer about them in the manner specified in paragraph 3. The changes do not affect the rights acquired by them.
5. In the event of changes that significantly change the terms of the concluded Agreement, the Client and User have the right to terminate the Agreement within 14 days from the date of informing them about the changes. If the User or the Client does not terminate the Agreement within this period, the changes in the Regulations will become binding on the User and the Client from the day following the expiry of the period for terminating the Agreement.
6. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Consumer Rights Act, the Civil Code, the Entrepreneurs' Rights Act, the Act on the provision of services by electronic means, the General Data Protection Regulation (GDPR) and the Personal Data Protection Act.
7. The Regulations apply to contracts concluded from 9 August 2024.