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Terms of service

Online shop terms and conditions of 12.06.2026. 

Terms and Conditions of the online Shop Hugup specifying, among others, the rules of concluding contracts via the Shop, and containing the most important information concerning the Seller, the Shop and Consumer rights. 

TABLE OF CONTENTS 

Article 1 Definitions 

Article 2 Contact with the Seller 

Article 3 Technical requirements 

Article 4 Purchasing in the Shop 

Article 5 Payments 

Article 6 Order fulfillment 

Article 7 Right to withdraw from the contract 

Article 8 Exceptions to the right to withdraw from the contract 

Article 9 Complaints 

Article 10 Reviews

Article 11 User Content

Article 12 Personal data 

Article 13 Reservations 

Appendix No. 1: Model withdrawal form 

ARTICLE 1 DEFINITIONS 

Account – a free-of-charge digital service that allows the Buyer to use additional features in the Shop. 

Buyer – any entity purchasing from the Shop or taking steps to make a purchase in the Shop. 

Consumer – a Buyer who is an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession. 

Seller – HUGUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat at ul Smoluchowskiego 3c/3, 60-179 Poznań, Poland, entered in the National Court Register - Register of Entrepreneurs by SĄD REJONOWY POZNAŃ - NOWE MIASTO I WILDA W POZNANIU, VIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS (National Court Register) number 0000880047, NIP (Tax Identification Number) 7812017081, REGON (National Official Business Register number) 38801504400000, initial capital PLN 5700,00. 

Shop – the online shop operated by the Seller at https://hugup.com/. 

Terms and Conditions – these terms and conditions. 

Working Days – days from Monday to Friday, except for public holidays in Poland and UK. 

User – the Buyer or any recipient of the services provided by the Seller.

Article 2 CONTACT WITH THE SELLER 

1. Postal address: ul. Smoluchowskiego 3c/3, 60-179 Poznań, Poland. 

2. Email address: support@hugup.com. 

3. Phone: +48223072415.

4. The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or Internet service provider whose services the Buyer uses. The Seller stresses that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or Internet service provider whose services the Buyer uses. 

Article 3 TECHNICAL REQUIREMENTS 

1. For the proper functioning of the Shop a device with Internet access and a web browser that supports JavaScript and cookies is required. 

2. To place an order in the Shop, in addition to the requirements set out in sec. 1, an active email account is required. 

3. The Seller shall not be held liable for the inability to access or use the Website resulting from the User’s failure to meet the technical requirements specified in point 1 above.

Article 4 PURCHASING IN THE SHOP 

  1. The product prices shown in the Shop are the total prices for the product.
  2. The Seller emphasises that the total price of the order consists of the price of the products and, if applicable, the cost of the delivery of the goods. 
  3. The product selected for purchase should be added to the shopping cart in the Shop. 

  4. The Buyer then chooses the method of delivery of the goods and the method of payment for the order from among the options available in the Shop, and provides the data necessary to process the order. 

  5. The order is placed upon confirmation of its content and acceptance of the Terms and Conditions by the Buyer, which requires clicking the button confirming the order. 

  6. After the Buyer places an order, the Seller shall promptly confirm its receipt and simultaneously accept the order for processing. The confirmation of receipt of the order and its acceptance for processing shall be made by the Seller by sending the Buyer an appropriate e-mail message to the e-mail address provided by the Buyer when placing the order, which shall include at least the Seller’s statement of receipt of the order, its acceptance for processing, and confirmation of the conclusion of the sales contract. The sales contract between the Buyer and the Seller is concluded at the moment the Buyer receives the aforementioned e-mail. 

  7. Buyer may register in the Shop, i.e. create an Account in the Shop, or make purchases without registering by providing their details each time they place an order. 

  8. The Seller shall inform the Buyer, in a clear and prominent manner, prior to placing the order, of the total price including all applicable taxes, delivery charges, and any additional fees, if applicable.

  9. In the event of a price reduction, the Seller informs customers of the lowest price applied within the 30 days prior to the reduction. For this purpose, the Seller uses the Omnibus Pricing tool provided by Sniffie Software Oy, based in Helsinki. The rules for the processing of personal data by Sniffie are available at the following address: https://www.pricen.ai/about-us/privacy-policy/.
  10. After placing an order, the Buyer shall receive an order confirmation by email, which includes a summary of the ordered products, the total price, selected delivery and payment methods, and information regarding the right of withdrawal, if applicable.

  11. The Seller reserves the right to contact the Buyer using the provided contact details in order to confirm the order details in case of doubts or suspected errors.

  12. The Buyer declares that all data provided in the order process are true, accurate, and up to date.

  13. If the Shop provides the option to save payment details or use third-party payment services, the Buyer will be asked for explicit consent where required under applicable data protection laws.

  14. The Seller reserves the right to cancel the order if payment is not received within the time specified in the Shop, unless the chosen payment method provides for deferred payment.

Article 5 PAYMENTS 

1. The following payment methods are available in the Shop: 

a. using a payment card: 

  • Visa 

  • Visa Electron 

  • MasterCard 

  • MasterCard Electronic 

  • Maestro 

b. via a payment platform: 

  • eCard 

  • PayPal 

The Shop enables payment for Orders via PayPal, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A., with its registered office in Luxembourg.

When selecting this payment method, the Buyer is redirected to the PayPal website in order to complete the payment. Use of this method may require an active PayPal account or compliance with PayPal’s own terms and eligibility requirements.

PayPal is an independent payment service provider. The use of PayPal is governed by PayPal’s terms and conditions.

  • Przelewy24 

Electronic payments are available in the Store via the Przelewy24 payment service, operated by PayPro S.A., with its registered office in Poznań (60-198), ul. Pastelowa, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000347935, Tax Identification Number (NIP) 7792369887.

The detailed rules for making payments via the Przelewy24 service, including the rights and obligations of users and complaint procedures, are set out in the Przelewy24 Terms and Conditions available on the service provider’s website.

  • Shop Pay 

The Shop enables electronic payments via Shop Pay, a payment service provided by Shopify International Ltd., with its registered office in Ireland.

When selecting Shop Pay as the payment method, the Buyer may complete the payment using payment details previously saved in Shop Pay, in accordance with the terms and conditions applicable to this service.

Detailed rules governing the use of Shop Pay, including users’ rights and obligations as well as complaint procedures, are set out in the Shop Pay Terms and Conditions available on the service provider’s website.

  • Apple Pay 

The Shop enables electronic payments via Apple Pay, a payment service provided by Apple Inc..

When selecting Apple Pay as the payment method, the Buyer may complete the payment using payment cards stored in Apple Pay, in accordance with the terms and conditions applicable to this service and the relevant service provider.

Detailed rules governing the use of Apple Pay, including users’ rights and obligations as well as complaint procedures, are set out in Apple’s applicable terms and conditions and in the agreements between the Buyer and the relevant service provider.

  • Google Pay 

The Shop enables electronic payments via Google Pay, a payment service provided by Google LLC.

When selecting Google Pay as the payment method, the Buyer may complete the payment using payment cards stored in Google Pay, in accordance with the terms and conditions applicable to this service and the relevant service provider.

Detailed rules governing the use of Google Pay, including users’ rights and obligations as well as complaint procedures, are set out in Google Pay’s applicable terms and conditions and in the agreements between the Buyer and the relevant service provider.

  • Bancontact 

The Shop enables electronic payments via Bancontact, a payment method operated by Bancontact Payconiq Company.

When selecting Bancontact as the payment method, the Buyer may complete the payment in accordance with the terms and conditions applicable to this payment method and the relevant service provider.

Detailed rules governing the use of Bancontact, including users’ rights and obligations as well as complaint procedures, are set out in the applicable Bancontact terms and conditions.

  • BLIK 

The Shop enables electronic payments via BLIK, a mobile payment system.

When selecting BLIK as the payment method, the Buyer may complete the payment using the BLIK system, in accordance with the rules and procedures applicable in the bank where the Buyer holds their bank account.

Detailed rules governing the use of BLIK, including users’ rights and obligations as well as complaint procedures, result from the terms and conditions applicable at the Buyer’s bank.

  • iDeal 

The Shop enables electronic payments via iDEAL, an online banking payment system.

When selecting iDEAL as the payment method, the Buyer may complete the payment using online banking, in accordance with the rules and procedures applicable in the bank where the Buyer holds their bank account.

Detailed rules governing the use of iDEAL, including users’ rights and obligations as well as complaint procedures, result from the terms and conditions applicable at the Buyer’s bank.

  • Klarna 

The Shop offers payment via Klarna, an independent payment service provider. Depending on your market and eligibility, Klarna may offer payment methods such as Pay in full today, Pay later, or Pay over time. These options may be subject to additional fees or interest, as outlined in Klarna’s own terms.

When shopping online the available options will appear at checkout. Explore Klarna’s Terms & Conditions at klarna.com. Please note that when you choose Klarna at checkout, you enter into a separate agreement with Klarna. Hugup is not responsible for any decisions made by Klarna regarding your eligibility or payment terms.

Klarna's Pay in 3 / Pay in 30 days are unregulated credit agreements. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit. 18+, UK residents only. Subject to status. T&Cs and late fees apply. For questions or payment support, contact Klarna customer service.

2. The availability of specific payment methods may depend on the Buyer’s location and on the scope of services provided by the bank or other payment service provider used by the Buyer.

3. By purchasing from the Shop, the Buyer accepts the Seller's use of electronic invoices. The Buyer has the right to withdraw their acceptance. 

Article 6 ORDER FULFILLMENT 

1. The estimated lead time is indicated during the order placement process in the Shop. 

2. If the Buyer has chosen to pay in advance for the order, the Seller will begin processing the order once for the payment has been received and credited to the Seller’s bank account. 

3. Where the Buyer has purchased products with different lead times within one order, the order will be processed within the lead time applicable to the product with the longest lead time, unless otherwise agreed. 

4. The Seller shall deliver the goods to the Buyer without undue delay, and in any event no later than 30 days from the date of conclusion of the Contract, unless the parties have agreed otherwise.

5. Delivery can be made to the following countries: 

  • the Republic of Poland, 

  • Austria, 

  • Belgium, 

  • Bulgaria, 

  • Croatia, 

  • Czech Republic, 

  • Denmark, 

  • Estonia, 

  • Finland, 

  • France, 

  • Germany, 

  • Greece, 

  • Hungary, 

  • Ireland, 

  • Italy, 

  • Latvia, 

  • Lithuania, 

  • Luxembourg, 

  • The Netherlands, 

  • Portugal, 

  • Romania, 

  • Slovakia, 

  • Slovenia, 

  • Spain, 

  • Sweden, 

  • the United Kingdom. 

6. The following delivery methods are available in the Shop: 

a. via courier service to the address indicated by the Buyer; 

b. to InPost parcel lockers (available in selected countries, including Poland). 

7. The Buyer is responsible for ensuring the accuracy of the delivery address provided. 

8. The risk of loss or damage to the goods passes to the Buyer when the Buyer or a third party indicated by the Buyer (other than the carrier) takes physical possession of the goods. If the Buyer chooses a carrier other than those offered by the Seller, the risk shall pass upon delivery of the goods to that carrier. This provision reflects the applicable consumer protection rules under UK law (notably the Consumer Rights Act 2015).

Article 7 RIGHT TO WITHDRAW FROM THE CONTRACT 

  1. The Seller offers the possibility of an exchange, either as an alternative to a refund or simply if the Consumer wishes to replace the product. The first exchange requested by the Consumer is free of charge, and the Seller will cover the cost of shipping the replacement goods.

  2. The Consumer has the right to withdraw from the contract concluded with the Seller through the Shop, subject to Article 10 hereof, within 14 days without giving any reason. 

  3. The 14-day return or exchange request period begins on the day you, or a third party indicated by you (other than the carrier), take possession of the goods. If your order consists of multiple items delivered separately or in parts, the 14-day period starts when you (or a person you indicated) take possession of the last item or part. After notifying the Seller within this period, the Consumer has an additional 14 calendar days to send the goods back.

  4. To exercise the right to withdraw from the contract or request an exchange, the Consumer must inform the Seller, using the contact information provided in Article 2 hereof, of their decision to withdraw from the contract by way of an unambiguous statement (for example, a letter sent by post or email). The Consumer can inform the Seller of their withdrawal by following the process described on the Returns & Refunds page. Submitting the withdrawal notice through the indicated online form helps speed up the processing of your request.

a. As of 19 June 2026, in the case of distance contracts concluded through the Shop, the Seller shall also provide the Consumer with the possibility to withdraw from the contract by means of an easily accessible withdrawal function, available throughout the withdrawal period, clearly labelled as “Withdraw from the contract here” or with another equivalent and unambiguous wording, displayed in a prominent and easily accessible manner.

 

b. The withdrawal function is available on the Shop’s website here: https://account.hugup.com as described in the process here https://hugup.com/pages/returns-refunds.

c. This function enables the Consumer to submit a withdrawal statement and to provide or confirm the data necessary to identify the Consumer, the relevant contract, and the means of communication to be used by the Seller to confirm receipt of the withdrawal.

d. After completing the withdrawal statement, the Consumer may submit it using a confirmation function labelled “Confirm withdrawal” or with another equivalent and unambiguous wording.

e. The Seller shall send the Consumer, without undue delay and on a durable medium, an acknowledgement of receipt of the withdrawal statement, including its content and the date and time of submission.

f. Submitting the withdrawal statement through this function before the expiry of the withdrawal period shall be equivalent to the effective exercise of the right of withdrawal from the contract.

 

5. The Consumer may use the model withdrawal form attached at the end of the Terms and Conditions, however, it is not obligatory. 

6. The withdrawal deadline is met if the Consumer sends the notice before the 14-day period expires. The Consumer should handle and inspect the goods only to the extent necessary to establish their nature, characteristics and functioning. It is recommended that returned or exchanged goods be sent back with all tags and, where possible, in their original packaging. The Consumer shall be liable for any decrease in the value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT OR REQUESTING AN EXCHANGE

  1. Once the Consumer withdraws, the Seller will refund all payments received from the Consumer, including standard delivery costs (excluding any extra delivery costs the Consumer chose), without undue delay and no later than 14 days from the day the Seller receives your withdrawal notice. If the Consumer prefers an exchange instead of a refund, they should add a note stating “EXCHANGE” together with the requested size or colour. If the requested item is available, the Seller will send it free of charge for the first exchange. Return shipping is free if the Consumer uses the prepaid return label provided by the Seller.

  2. The Seller shall reimburse the payment using the same means of payment as the Consumer used in the original transaction, unless the Consumer agrees otherwise, and in any event the Consumer shall not bear any fees for such reimbursement. 

  3. If the Seller has not offered to collect the goods from the Consumer, the Seller may withhold the reimbursment until the goods have been received or until proof of return has been provided, whichever happens earlier. 

  4. The Seller requests that goods be returned to the following address:

  1. for orders delivered within the EU: Salesupply @Eurcommerce ul. Innowacyjna 17, Panattoni Park, Hala 8, 66-002 Zielona Góra, Poland,

  2. for orders delivered within the UK: Salesupply @Back2UK Unit 2 Burbage Road, LE102TP Burbage

without delay and in any case no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal from the contract or requested an exchange. The time limit is considered observed if the Consumer returns the goods before the expiry of the 14-day period. 

  1. Return shipping is free if the Consumer uses the prepaid return label provided by the Seller. The first exchange is also free of charge, and the Seller will cover the cost of shipping the replacement goods. 

  2. The Consumer shall be liable only for a decrease in the value of the goods resulting from using it in a different way than it was necessary to establish the type, characteristics, and functioning of the goods. 

  3. If the goods, due to their nature, cannot be returned by post in the usual manner, the Consumer will have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Shop or when placing the order. 

  4. In the event that a reimbursement is required for a transaction made by the Consumer with a payment card, the Seller will make the reimbursement to the bank account assigned to that payment card. 

Article 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT 

1. The right to withdraw from the contract, referred to in Article 7 hereof, shall not apply to the contract: 

  1. the subject of which is a non-prefabricated product manufactured in accordance with the specifications of the Consumer or intended to satisfy their individual needs; 

  2. the subject of which is the product liable to deteriorate rapidly or having a short shelf-life;

  3. the subject of which is a product delivered in a sealed package, which may not be returned after opening the package due to health protection or for hygiene reasons if the package is opened after delivery; 

  4. the subject of which are goods that after delivery, due to their nature, are inseparably connected with other goods; 

  5. the subject of which are sound or visual recordings or computer software delivered in a sealed package if the package is opened after delivery; 

  6. for the delivery of journals, periodicals or magazines, except for a subscription contract; 

  7. in which the price or remuneration depend on fluctuations on the financial market, over which the Seller has no control, and which may occur during the time limit to withdraw from the contract. 

Article 9 COMPLAINTS 

I GENERAL PROVISIONS 

1. The Seller shall be liable to the Consumer for the conformity of the performance with the contract as provided for by generally applicable laws - subject to the provisions of Article 11 sec. 3 and 4 hereof. 

2. The Seller asks to submit complaints (including complaints regarding the operation of the Shop) to the postal or electronic address provided in Article 2 hereof. Submitting the complaint by email helps speed up the processing of your request.

3. If a guarantee has been granted for the product, information about the guarantee and its conditions is available in the Shop. 

4. The Seller shall respond to the complaint within 14 days of its receipt - subject to the provisions of Article 11 sec. 3 and 4 hereof. 

II CONSUMERS 

A. Goods 

1. If the goods are not in conformity with the contract, the Consumer may exercise the rights provided for under applicable consumer protection laws..

2. Liability shall be borne by the Seller for any lack of conformity of the goods with the contract existing at the time of delivery and discovered within two years of that time, unless the shelf life of the goods, as determined by the Seller, their legal predecessors or persons acting on their behalf, is longer - subject to the provisions of Article 11 sec. 3 and 4 hereof. 

3. In the event of non-conformity of the goods with the contract, the Consumer may demand, free of charge: 

a. replacement of goods, 

b. repair of the goods. 

4. In addition, the Consumer may submit a notice of: 

a. price reduction, 

b. withdrawal from the contract 

where: 

  • the Seller refused to bring the goods into conformity with the; 

  • the Seller failed to bring the goods into conformity with the contract; 

  • the lack of conformity of the goods with the contract continues even though the Seller has tried to bring the goods into conformity with the contract; 

  • the lack of conformity of the goods with the contract is significant enough to justify either a reduction in price or withdrawal from the contract without first having recourse to the remedies set out in applicable consumer protection law; 

  • it is clear from the Seller's notice or the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer. 

5. In the case of goods subject to repair or replacement, the Consumer shall make the goods available to the Seller. The Seller shall collect the goods from the Consumer at their own cost. 

6. The Consumer cannot withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. 

7. In the event of withdrawal from the contract as referred to in this section (relating to goods), the Consumer shall, without delay, return the goods to the Seller at the Seller's cost to

  1. for orders delivered within the EU: Salesupply @Eurcommerce ul. Innowacyjna 17, Panattoni Park, Hala 8, 66-002 Zielona Góra, Poland,

  2. for orders delivered within the UK: Salesupply @Back2UK Unit 2 Burbage Road, LE102TP Burbage. The Seller shall reimburse the price to the Consumer without delay, no later than within 14 days of receipt of the goods or proof of their return - subject to the provisions of Article 11 sec. 3 and 4 hereof. 

8. The Seller shall reimburse to the Consumer the amounts due as a result of exercising the right to reduce the price without delay, no later than within 14 days from the date of receipt of the Consumer's notice of price reduction - subject to the provisions of Article 11 sec. 3 and 4 hereof. 

B. Out-of-court complaint and redress methods 

1. The Seller informs the Consumer about the possibility to use out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities entitled to out-of-court dispute resolution. A Consumer may use, among others:

  1. the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is, in principle, free of charge. For a list of country-specific Consumer Centres, see: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consu mer-complaint/european-consumer-centres-network-ecc-net_en#contact-ecc-net

  2. if the Consumer is resident in the United Kingdom, they may seek help from the UK International Consumer Centre (UKICC), which offers free advice and assistance in cross-border consumer disputes involving UK businesses. More information is available at: https://www.ukecc.net/.

2. The preceding provision is for information purposes only and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution.

3. The use of out-of-court dispute resolution is voluntary for both the Seller and the Consumer. 

4. A Consumer may additionally use the free assistance of the municipal or district consumer ombudsman in the Republic of Poland. 

5. While the Service Provider is not currently a member of a specific ADR scheme and is not obliged to engage in out-of-court resolution procedures, Consumers may seek information and support from relevant UK consumer organisations, such as:

  • Citizens Advice – which provides free, confidential consumer advice and guidance on resolving disputes with businesses: https://www.citizensadvice.org.uk

  • Consumer Helpline (England, Wales, Scotland) – operated by Citizens Advice:
    Phone: 0808 223 1133;

  • Consumerline (Northern Ireland) – consumer advice service provided by the Department for the Economy: https://www.nidirect.gov.uk/contacts/consumerline

III BUYERS OTHER THAN CONSUMERS 

1. In the event of a defect in the goods, a Buyer other than a Consumer has the option of making a complaint about the defective goods on the basis of the statutory warranty regulated by the applicable law. 

2. Towards a Buyer other than a Consumer, the Seller shall be liable under the aforementioned warranty if a physical defect is discovered within the period provided for by the applicable law from the date of delivery of the goods to the Buyer. 

3. When exercising the statutory warranty, a Buyer other than a Consumer may, in accordance with the applicable legal provisions: 

  • submit a notice of price reduction, 

  • in the event of a substantial defect – submit a notice of withdrawal from the contract,

  • request that the product be replaced with one free from defects, 

  • request that the defect be removed. 

4. If the complaint requires the delivery of the defective goods to the Seller, the Buyer other than the Consumer shall be obliged to deliver the goods at the Seller's cost to:

  1. Salesupply @Eurcommerce ul. Innowacyjna 17, Panattoni Park, Hala 8, 66-002 Zielona Góra, Poland - for orders delivered within the EU;

  2. Salesupply @Back2UK Unit 2 Burbage Road, LE102TP Burbage - for orders delivered within the UK.

Article 10 REVIEWS

  1. When presenting consumer reviews, the Seller verifies reviews regarding services and goods and uses a tool provided by an external supplier. The customer review tool is provided by Judge.me Ltd, with its registered office in London at c/o Buckworths, 2nd Floor, 1–3 Worship Street, London, England. More information is available at the following address: https://judge.me/terms.

  2. If there are doubts about the authenticity of a review, they are clarified on the basis of evidence of the purchase of the relevant service. If it turns out that the information contained in the review and the information obtained during clarification cannot be linked to an order that was the subject of the review, such review will be removed.

  3. The provider of the review tool publishes all reviews (both positive and negative). We do not interfere with their content and do not offer any additional benefits in connection with posting or withdrawing a review.

  4. For these reasons, we can assure that the reviews available on the Store’s website are verified, authentic, and reflect real shopping experiences.

  5. Reviews of the Store may also be posted on third-party websites. In the case of such reviews, the rules applied by those entities regarding the assessment of reliability and authenticity apply. From our side, the Store makes every effort to ensure that reviews about the Store are always reliable and authentic.

Article 11 USER CONTENT DSA

  1. User Content means any content posted independently or via the Store by a User, including in particular:
    a. reviews or comments about the Store or products,
    b. additional information not required for placing an order, provided on the customer account independently or via the Store.
    Users may not publish content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or that is otherwise unlawful, contrary to these Terms, or contrary to good practice, in particular:
    a. content intended to commit an offense or crime,
    b. content infringing personal rights or copyrights,
    c. content of a spam nature,
    d. content serving unfair competition, including prohibited marketing practices,
    e. content inconsistent with the subject matter of the service concerned.
    We may verify, block, and remove unlawful content, while maintaining objectivity and due diligence.
    A notice of illegal content should include:
    a. a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information in question constitutes illegal content,
    b. an electronic location of the information, such as a URL, and any additional information allowing identification of the illegal content,
    c. the name and e-mail address of the person or entity submitting the notice, except where the notice relates to information considered to be connected to any of the offenses referred to in Articles 3–7 of Directive 2011/93/EU,
    d. a declaration confirming the good-faith belief of the person or entity submitting the notice that the information and allegations contained therein are accurate and complete.
    If, as a result of verification undertaken on our own initiative or following a notice, we determine that certain content is illegal, we may decide to block or remove it.
    Both the User who submitted the notice and does not agree with our decision, and the User whose content has been found to be illegal, have the right to appeal the decision concerning the content through the contact point indicated in section 13 below. The appeal should include the name, contact details, and justification of the request for a change of decision.
    Upon receiving an appeal, we will promptly confirm its receipt and review it within 14 days. Appeals will not be reviewed in an automated manner. The reasoning of our decision will be prepared in accordance with all requirements arising from the Digital Services Act.
    The User has the right to appeal decisions concerning content through the contact point indicated in section 13 below. The appeal should include the name, contact details, and justification of the request for a change of decision.
    In the case of gross violations of this section and the publication of illegal content, we may decide to temporarily suspend or delete the account, as well as to restrict its functionalities.
    Any decision concerning a User account will be made with objectivity and due diligence. Such a decision may be appealed, and the appeal will not be reviewed in an automated manner. The appeal will be reviewed within 14 days, and the User will be promptly informed of the outcome.

  2. We are not liable for User Content if:
    a. we have no actual knowledge of illegal activity or illegal content, and in relation to claims for damages, we are not aware of facts or circumstances clearly indicating illegal activity or illegal content; or
    b. we act expeditiously to remove or disable access to illegal content once we obtain such knowledge or awareness.

  3. If we obtain any information giving rise to a suspicion that a criminal offense threatening the life or safety of a person or persons has been, is being, or may be committed, we will immediately inform the law enforcement or judicial authorities of the relevant Member State(s) and provide all available information on the matter.

  4. We have established a contact point for fulfilling our obligations under the Digital Services Act (DSA), through which competent authorities and Users can communicate with us: support@hugup.com. The indicated e-mail address can be used in particular to report content that the User considers illegal.

  5. None of the above provisions are intended to limit the rights of the User and should not be interpreted as such.

Article 12 PERSONAL DATA 

1. The controller of personal data provided by the Buyer while using the Shop is the Seller. 2. Detailed information about the processing of personal data by the Seller, including other purposes and grounds for data processing, as well as data recipients – can be found in the privacy policy available in the Shop – in accordance with the principle of transparency under the applicable data protection legislation, including the UK General Data Protection Regulation - “UK GDPR” and, where relevant, the EU GDPR “GDPR”. 

3. The purpose of processing Buyer's data provided by the Buyer in connection with the purchase in the Shop is to process orders. The basis for the processing of personal data in this case is: 

a contract or actions taken at the Buyer's request in order to conclude the contract (Article 6 sec. 1(b) of the GDPR/UK GDPR), 

the Seller's legal obligation relating in particular to accounting and product safety (Article 6 sec. 1(c) of the GDPR/UK GDPR) and 

the Seller's legitimate interest in processing data for the purpose of establishing, investigating or defending possible claims (Article 6 sec. 1(f) of the GDPR/UK GDPR). 

4. Providing personal data by the Buyer is voluntary, but at the same time necessary to conclude a contract. 

5. Failure to provide data will prevent the conclusion of a contract in the Shop. 

6. Buyer's personal data provided in connection with purchases from the Shop will be processed until: 

  1. the contract concluded between the Buyer and the Seller ceases to be valid 

  2. the Seller ceases to be legally obliged to process the Buyer's data; 

  3. the possibility of asserting claims by the Buyer or Seller, related to a contract concluded via the Shop ceases; 

  4. the Buyer's objection to the processing of his personal data is accepted, if the processing is based on the legitimate interest of the Seller 

- depending on what is applicable in each case. 

7. The Buyer shall have the right to request:

  1. access to their personal data, 

  2. correction of their personal data, 

  3. deletion of their personal data, 

  4. restriction of the processing of their personal data, 

  5. transfer of their personal data to another controller, 

and the right to: 

  1. object at any time to the processing of data on grounds relating to the Buyer's particular situation - to the processing of their personal data based on Article 6 sec. 1(f) of the GDPR/UK GPDR (i.e. on legitimate interests pursued by the Seller). 

  1. To exercise their rights, the Buyer should contact the Seller using the data provided in Article 2 hereof. 9. In the event that the Buyer considers that their data are being processed unlawfully, the Buyer may lodge a complaint with the compentent authority for data protection:

  1. in the United Kingdom, this authority is the Information Commissioner's Office (ICO): https://ico.org.uk

  2. in Poland, this authority is the President of the Personal Data Protection Office (Prezes UODO): https://uodo.gov.pl/en/680/1402;

  3. in other countries of the European Union, the competent authority is the one located in the Customer’s habitual place of residence. 

Article 13 FINAL PROVISIONS

1. The Buyer must not submit any content that is unlawful, offensive, or violates the rights of third parties.

2. Each order placed in the Shop constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of order processing. 

3. Any contract entered into on the basis of these Terms and Conditions shall be governed by Polish law, subject to sec. 4. 

4. The choice of Polish law for contracts concluded with Consumers under the Terms and Conditions shall not waive or limit the rights of Consumers under the mandatory rules of the law applicable to that Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to the Consumer provide for protection that is broader than that provided for under these Terms and Conditions or Polish law, such broader protection shall apply. 

5. Contracts concluded on the basis of these Terms and Conditions shall be concluded in English. 

6. None of the provisions of these Terms and Conditions exclude or in any way limit the rights of the Consumer resulting from the provisions of law. 

7. A natural person who concludes or intends to conclude a contract in the Shop that is in direct connection with their business activity, shall be treated as a Consumer and shall be entitled to the same rights as those enjoyed by Consumers, when it follows from the content of that contract that the contract is not of a professional nature for that person. The preceding sentence shall not apply to the provisions set out in Article 9 in the subpart “Out-of-court complaint and redress mechanism” as well as to the provision of section 4. 

8. Subject to Article 11 sec. 7, in the event of a possible dispute with a Buyer who is not a Consumer, the competent court shall be the one having jurisdiction over the Seller's registered office. 

9. The use of the Shop’s website and its features is subject to the terms and conditions of the website, which are available within the Shop.

Appendix 1. to Terms and Conditions 

What follows is a model withdrawal form from the contract which the Consumer may (but does not have to) use. 

Model withdrawal form 

(complete and return this form only if you wish to withdraw from the contract) 

HUGUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ 

ul. Smoluchowskiego 3c/3, 60-179 Poznań, Poland 

e-mail: support@hugup.com 

I/We (*) ..................................................................... hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*): 

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

– Ordered on(*)/received on(*) 

..................................................– Name of Consumer(s): 

.................................................. – Address of Consumer(s): 

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

Signature of Consumer(s) 

(only if this form is sent on paper) 

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

(*) Delete as appropriate.


Terms and conditions of the Newsletter 

TABLE OF CONTENTS 

Article 1 Definitions 

Article 2 Contact with the Service Provider 

Article 3 Technical requirements 

Article 4 Contract 

Article 5 Complaints 

Article 6 Right to withdraw from the contract 

Article 7 Personal data 

Article 8 Change to the Terms and Conditions or the Newsletter 

Article 9 Final provisions 

Appendix No. 1: Model withdrawal form 

Article 1 Definitions 

Consumer – a Customer who is a natural person who has entered into the Contract or is taking steps to enter into the Contract, without direct connection with his/her business or professional activity. 

Contract - contract for delivery of the Newsletter. 

Customer - any entity that has entered into the Contract or is taking steps to enter into the Contract. 

Newsletter – messages related to the Shop, including information about offers, promotions and new products in the Shop, provided free of charge to the Customer by the Service Provider under the Contract, which constitute digital content within the meaning of the Consumer Rights Act. 

Service Provider – HUGUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat at ul. Smoluchowskiego 3c/3, 60-179 Poznań, Poland, entered in the National Court Register - Register of Entrepreneurs by SĄD REJONOWY POZNAŃ - NOWE MIASTO I WILDA W POZNANIU, VIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS (National Court Register) number 0000880047, NIP (Tax Identification Number) 7812017081, REGON (National Official Business Register number) 38801504400000, initial capital PLN 5700,00. 

Shop - the online shop operated by the Service Provider at https://hugup.com/ Terms and Conditions – these terms and conditions. 

Article 2 Contact with the Service Provider 

1. Postal address: ul. Smoluchowskiego 3c/3, 60-179 Poznań, Poland. 

2. Email address: support@hugup.com. 

3. Phone: +48223072415. 

4. The cost of a telephone call or data transmission made by the Customer results from the basic tariff of the telecommunications operator or Internet service provider whose services the Customer uses. The Service Provider stresses that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or Internet service provider whose services the Customer uses.

Article 3 Technical requirements 

  1. In order to use the digital content covered by the Terms and Conditions it is necessary to have: 

    1. an active e-mail account; 

    2. a device with access to the Internet; 

    3. a web browser that supports JavaScript and cookies. 

2. The Service Provider shall not be held liable for the inability to access or use the Website resulting from the User’s failure to meet the technical requirements specified in point 1 above.

Article 4 Contract 

1. The Customer may voluntarily subscribe to the Newsletter, which is provided free of charge. 

2. In order to receive the Newsletter, it is necessary to conclude the Contract. 

3. Emails within the Contract will be sent to the email address provided by the Customer when entering the Contract. 

4. In order to conclude a Contract, the Customers shall provide in the first step, in a designated place in the Shop, their email address to which they wish to receive messages sent as part of the Contract. Upon signing up for the Newsletter, the Contract for an indefinite period of time shall be concluded and the Service Provider shall commence performance of the Contract – subject to the next provision. 

5. In order to properly perform the Contract, the Customer is obliged to provide their correct email address. 6. The Newsletter is delivered without delay, after the Service Provider creates messages intended for the Customers. 

7. Messages sent as part of the Newsletter will include information about the possibility of unsubscribing, as well as a link to unsubscribe. 

8. The Customer may unsubscribe from the Newsletter, without giving any reason or incurring any cost, at any time by using the option referred to in the previous provision or by sending a message to the Service Provider's email address provided in Article 2 of the Terms and Conditions. 

9. The Customer's use of the link to unsubscribe from the Newsletter or sending a message requesting unsubscription from the Newsletter will result in termination of the Contract without delay. 

Article 5 Complaints 

I GENERAL PROVISIONS 

1. The Service Provider asks to submit complaints regarding the digital content covered by the Terms and Conditions to the postal or electronic address provided in Article 2 of the Terms and Conditions. Submitting the complaint by email helps speed up the processing of your request. Submitting the complaint by email helps speed up the processing of your request.
2. The Service Provider shall consider the complaint within 14 days of receipt of the complaint - subject to the provisions of Article 9 sec. 3 and 4 of the Terms and Conditions. 

II CONSUMERS 

1. The Service Provider shall be liable to the Consumer for the conformity of the performance with the Contract as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act - subject to the provisions of Article 9 sec. 3 and 4 of the Terms and Conditions. 

2. I If the Newsletter service (a digital service) is not supplied or does not perform as expected, the Consumer has the right to request that it be brought into conformity 

3. If the Service Provider has not supplied the digital content covered by the Contract, the Consumer may request the Service Provider to supply it. If, despite the request, the Service Provider fails to supply the digital content covered by the Contract without delay or within an additional period of time expressly agreed between the Consumer and the Service Provider, the Consumer may withdraw from the contract.

4. The Consumer may withdraw from the Contract without requesting the digital content covered by the Contract to be supplied if: 

  1. it is clear from the Service Provider's notice or from the circumstances that they will not supply the digital content; or 

  2. the Consumer and the Service Provider have agreed, or it is clear from the circumstances of the conclusion of the Contract, that a specific date for the supply of the digital content was important to the Consumer and the Service Provider has not supplied the digital content within that date. 

5. Liability shall be borne by the Service Provider for any non-conformity of the Newsletter with the Contract that - due to the fact that the Newsletter is delivered continuously - occurred or became apparent at the time it was to be delivered in accordance with the Contract, subject to the provisions of Article 9 sec. 3 and 4 of the Terms and Conditions. 

6. If the digital content covered by the Terms and Conditions is not in conformity with the Contract, the Consumer may request that it be brought into conformity with the Contract. 

7. In case of non-conformity of the digital content covered by the Terms and Conditions with the Contract, the Consumer shall cooperate with the Service Provider, to a reasonable extent and using technical means that are least intrusive for the Consumer, to ascertain whether the lack of conformity of the digital content at the adequate time results from the characteristics of the Consumer’s digital environment. 

8. In addition, if the digital content covered by the Terms and Conditions is not in conformity with the Contract, the Consumer may give a notice of withdrawal from the Contract, when: 

a. bringing the digital content into conformity with the Contract is impossible or requires excessive costs to be borne, as provided for under applicable consumer protection laws; 

b. the Service Provider has failed to bring the digital content covered by the Terms and Conditions into conformity with the Contract within a reasonable time from the moment the Service Provider was informed by the Consumer of the lack of conformity with the Contract, and without undue inconvenience to the Consumer, taking into account the nature of the digital content and the purpose for which it is used; 

c. the lack of conformity of the digital content covered by the Terms and Conditions with the Contract continues despite the fact that the Service Provider has attempted to bring the digital content into conformity with the Contract; 

d. the lack of conformity of the digital content covered by the Terms and Conditions with the Contract is so significant that it justifies Contract withdrawal without first having recourse to the remedy set out in the applicable consumer protection laws  (i.e. requesting that the digital content be brought into conformity with the Contract); 

e. it is clear from the Service Provider's notice or the circumstances that the Service Provider will not bring the digital content covered by the Terms and Conditions into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer. 

Out-of-court complaint and redress methods 

  1. The Service Provider informs the Consumer about the possibility to use out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities entitled to out-of-court dispute resolution. A Consumer may use, among others:

  1. the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is, in principle, free of charge. For a list of country-specific Consumer Centres, see: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consume r-complaint/european-consumer-centres-network-ecc-net_en#contact-ecc-net;

  2. if the Consumer is resident in the United Kingdom, they may seek help from the UK International Consumer Centre (UKICC), which offers free advice and assistance in cross-border consumer disputes involving UK businesses. More information is available at: https://www.ukecc.net/. 

2. The preceding provision is for information purposes only and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution. 

3. The use of out-of-court dispute resolution is voluntary for both the Service Provider and the Consumer. 4. A Consumer may additionally use the free assistance of the municipal or district consumer ombudsman in the Republic of Poland. 

4. While the Service Provider is not currently a member of a specific ADR scheme and is not obliged to engage in out-of-court resolution procedures, Consumers may seek information and support from relevant UK consumer organisations, such as:

  • Citizens Advice – which provides free, confidential consumer advice and guidance on resolving disputes with businesses: https://www.citizensadvice.org.uk

  • Consumer Helpline (England, Wales, Scotland) – operated by Citizens Advice:
    Phone: 0808 223 1133;

  • Consumerline (Northern Ireland) – consumer advice service provided by the Department for the Economy: https://www.nidirect.gov.uk/contacts/consumerline

Article 6 Right to withdraw from the Contract 

1. The Consumer has the right to withdraw from the Contract concluded with the Service Provider, within 14 calendar days without giving any reason. 

2. The time limit for the withdrawal from the Contract expires 14 calendar days after the conclusion of the Contract. 

3. In order to exercise the right to withdraw from the Contract, the Consumer must inform the Service Provider of their decision by making a clear statement (e.g. a letter sent by post or email), using the contact information provided in Article 2 of the Terms and Conditions. 

4. The Consumer may use the model withdrawal form attached at the end of the Terms and Conditions, however, it is not obligatory. 

5. In order to observe the time limit for withdrawal, it is sufficient for the Consumer to send information concerning the exercise of their right to withdraw from the Contract before the time limit for withdrawal expires. 

Article 7 Personal data 

1. The Service Provider is the administrator of the personal data provided by the Customer in connection with the Contract. Detailed information regarding the Service Provider's processing of personal data - in accordance with the principle of transparency under the applicable data protection legislation, including the UK General Data Protection Regulation - “UK GDPR” and, where relevant, the EU GDPR – "GDPR". 

2. The purpose of the Customer's data processing is: 

  1. performance of the Contract; the basis of processing of personal data in this case is the Contract or actions taken at the request of the Customer in order to conclude it (Art. 6 sec. 1 (b) of the GDPR/UK GDPR); analysis of the effectiveness of the messages sent under the Contract, in order to establish general 

  2. principles for effective messaging in our business activity; the basis of processing of personal data in this case is the Service Provider's legitimate interest (Art. 6 sec. 1 (f) of the GDPR/UK GDPR);

  3. establishing, investigating or defending possible claims related to the Contract; the basis of processing of personal data in this case is the Service Provider's legitimate interest (Art. 6 sec. 1 (f) of the GDPR/UK GDPR). 

3. The provision of data by the Customer is voluntary, but at the same time necessary for the conclusion of the Contract and providing the digital content covered by this Contract. Failure to provide data means that the Contract will not be concluded and the Service Provider will not be able to provide the digital content covered by this Contract. 

4. The Customer's data will be processed until: 

  1. the Contract ceases to be valid; 

  2. the ability of the Customer or the Service Provider to assert claims related to the Contract ceases; 

  3. the Customer's objection to the processing of their personal data is accepted - if the processing was based on the Service Provider's legitimate interest 

- depending on what is applicable in each case. 

5. The Customer has the right to request: 

  1. access to their personal data, 

  2. correction of their personal data, 

  3. deletion of their personal data, 

  4. restriction of the processing of their personal data, 

  5. transfer of their personal data to another controller, 

and the right to: 

  1. object at any time to the processing of data on grounds relating to the Customer's particular situation - to the processing of their personal data based on Article 6 sec. 1(f) of the GDPR/UK GDPR (i.e. on the legitimate interests pursued by the Service Provider). 

6. To exercise their rights, the Customer should contact the Service Provider. 

7. If the Customer considers that their data is being processed unlawfully, the Customer may lodge a complaint with the competent data protection authority:

  1. in the United Kingdom, this authority is the Information Commissioner's Office (ICO): https://ico.org.uk

  2. in Poland, this authority is the President of the Personal Data Protection Office (Prezes UODO): https://uodo.gov.pl/en/680/1402;

  3. in other countries of the European Union, the competent authority is the one located in the Customer’s habitual place of residence 

Article 8 Change to the Terms and Conditions or the Newsletter 

1. The Service Provider reserves the right to amend these Terms and Conditions only for important and legitimate reasons. An important reason is understood to be the need for amendments to the Terms and Conditions due to: 

  1. change in the functionality of the Newsletter, requiring modification of the Terms and Conditions, or 

  2. a change in the provisions of law, affecting the execution of the Contract by the Service Provider, or

  3. adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorized public authorities or 

  4. change of contact or identification data of the Service Provider. 

2. Any changes to the Terms and Conditions will be communicated by the Seller to Users who have an Account, electronically to the e-mail address assigned to the Account, at least 14 days before the changes take effect.

3. The amendments to the Terms and Conditions do not affect orders placed before the date on which they enter into force.

4. A User who does not accept the amended Terms and Conditions may terminate the agreement for maintaining the Account by contacting the Seller at: support@hugup.com.

5. If the Customer does not object to the planned amendments by the time they take effect, the Customer is deemed to have accepted them, which shall not constitute any obstacle to the termination of the Contract in the future. 

6. The Service Provider may make a change to the Newsletter, which is not necessary for its compliance with the Contract, for the reason indicated in sec. 1 (b) or due to change in the functionality of the Newsletter. The implementation of the change referred to in the preceding sentence will not incur any costs on the part of the Consumer. The provisions of sec. 2-4 shall apply accordingly. 

7. If the change referred to in the preceding provision significantly and negatively affects the Consumer's access to or use of the Newsletter, the Service Provider shall send to the Consumer's e-mail address sufficiently in advance, on a durable medium, information about the characteristics and date of the change and the Consumer's rights in connection with the change. 

Article 9 Final provisions 

1. The Customer shall be prohibited to provide unlawful or offensive content. 

2. The Contract is concluded in English. 

3. The Contract entered into on the basis of these Terms and Conditions shall be governed by Polish law, subject to sec. 4. 

4. The choice of Polish law for the Contracts concluded with Consumers under the Terms and Conditions shall not waive or limit the rights of Consumers under the mandatory rules of the law applicable to that Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to the Consumer provide for protection that is broader than that provided for under these Terms and Conditions or Polish law, such broader protection shall apply

5. Subject to sec. 7, in the event of a possible dispute with a Customer who is not a Consumer, connected with the Contract, the competent court shall be the one having jurisdiction over the Service Provider's registered office. 

6. None of the provisions of these Terms and Conditions exclude or in any way limit the rights of the Consumer resulting from the provisions of law. 

7. A natural person who concludes or takes steps to conclude the Contract that is in direct connection with their business activity, shall be treated as a Consumer and shall be entitled to the same rights as those enjoyed by Consumers, when it follows from the content of that Contract that the Contract is not of a professional nature for that person. The preceding sentence shall not apply to the provisions set out in Article 5 in the subpart “Out-of-court complaint and redress methods” as well as to the provision of sec. 4. 

8. Subject to Article 11 sec. 7, in the event of a possible dispute with a Buyer who is not a Consumer, the competent court shall be the one having jurisdiction over the Seller's registered office. 

9. The use of the Shop’s website and its features is subject to the terms and conditions of the website, which are available within the Shop.

10. Any changes to the Terms and Conditions will be communicated by the Seller to Users who have an Account, electronically to the e-mail address assigned to the Account, at least 14 days before the changes take effect. 

11. The amendments to the Terms and Conditions do not affect orders placed before the date on which they enter into force.

12. A User who does not accept the amended Terms and Conditions may terminate the agreement for maintaining the Account by contacting the Seller at: support@hugup.com.

Appendix 1. to Terms and Conditions 

What follows is a model withdrawal form from the contract which the Consumer may (but does not have to) use. 

Model withdrawal form 

(complete and return this form only if you wish to withdraw from the contract) 

HUGUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ 

ul. Smoluchowskiego 3c/3, 60-179 Poznań, Poland 

e-mail: support@hugup.com 

I/We (*) ..................................................................... hereby give notice that I/We (*) withdraw from my/our (*) contract of for the provision of the following service (*) / for the supply of digital content in the form of(*): 

....................................................................................................................................................................................................................................................................................................................................................................................................................................– Ordered on/received on(*) 

..................................................– Name of Consumer(s): 

.................................................. – Address of Consumer(s): 

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

Signature of Consumer(s) 

(only if this form is sent on paper) 

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

(*) Delete as appropriate.

Account Terms and Conditions

TABLE OF CONTENTS 

Article 1 Definitions 

Article 2 Contact with the Service Provider 

Article 3 Technical requirements 

Article 4 Account 

Article 5 Complaints 

Article 6 Right to withdraw from the contract 

Article 7 Personal data 

Article 8 Change to the Terms and Conditions or to the Account 

Article 9 Final provisions 

Appendix No. 1: Model withdrawal form 

Article 1 DEFINITIONS 

Account – digital service within the meaning of the Consumer Rights Act, provided electronically free of charge by the Service Provider to the Customer, through which the Customer can use additional functions in the Shop. Consumer – a Customer who is a natural person, who has entered into the contract for the operation of the Account on the basis of the Terms and Conditions or is taking steps to enter into this contract, without direct connection with his/her business or professional activity. 

Customer – any entity that has entered into the contract for the operation of the Account on the basis of the Terms and Conditions or is taking steps to enter into this contract. 

Service Provider; Seller – HUGUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat at ul. Smoluchowskiego 3c/3, 60-179 Poznań, Poland, entered in the National Court Register - Register of Entrepreneurs by SĄD REJONOWY POZNAŃ - NOWE MIASTO I WILDA W POZNANIU, VIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS (National Court Register) number 0000880047, NIP (Tax Identification Number) 7812017081, REGON (National Official Business Register number) 38801504400000, initial capital PLN 5700,00. 

Shop – the online shop operated by the Service Provider at https://hugup.com/

Terms and Conditions – these Account terms and conditions.

User – the Customer or any recipient of the services provided by the Seller.

Article 2 CONTACT WITH THE SERVICE PROVIDER 

1. Postal address: ul. Smoluchowskiego 3c/3, 60-179 Poznań, Poland. 

2. E-mail address: support@hugup.com. 

3. Phone number: +48223072415. 

4. The cost of a telephone call or data transmission made by the Customer results from the basic tariff of the telecommunications operator or Internet service provider whose services the Customer uses. The Service Provider stresses that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or Internet service provider whose services the Customer uses.

Article 3 TECHNICAL REQUIREMENTS 

  1. For the proper functioning and creation of an Account, an active email account, a device with Internet access and a web browser that supports JavaScript and cookies are required. 

  2. The Seller shall not be held liable for the inability to access or use the Website resulting from the User’s failure to meet the technical requirements specified in point 1 above.

Article 4 ACCOUNT 

  1. Creating an Account is optional and free of charge. When you provide your email address during checkout or in the login form, an Account is created automatically. To access it, enter your email address and confirm it with the one-time code sent to you by email.

  2. The Account provides the Customer with additional features, such as viewing the history of orders placed by the Customer in the Shop, checking the status of an order or editing the Customer's data by themselves. 

  3.  In order to set up an Account, the Customer shall fill in the appropriate form in the Shop. 

  4. When an Account is created, a contract is concluded for an indefinite period of time between the Customer and the Service Provider for the operation of the Account under these Terms and Conditions. 

  5. The Service Provider shall begin to perform the service of operating the Account under the rules set forth in the Terms and Conditions without delay after the conclusion of the contract for the provision of the Account. 

  6. The Customer may cancel the Account at any time without incurring any costs. 

  7. The deletion of the Account results in the termination of the contract for the operation of the Account. In order for the Service Provider to delete the Account, the Customer must send their resignation to the Service Provider's email address provided in Article 2 of the Terms and Conditions, which will result in the deletion of the Account without delay and the termination of the contract for the operation of the Account. 

Article 5 COMPLAINTS 

I GENERAL PROVISIONS 

1. The Service Provider asks to submit complaints concerning the operation of the Account to the postal or electronic address provided in Article 2 of the Terms and Conditions. Submitting the complaint by email helps speed up the processing of your request.

2. The Service Provider shall consider the complaint within 14 days of receipt of the complaint - subject to the provisions of Article 9 sec. 3 and 4 of these Terms and Conditions. 

II CONSUMERS 

  1. The Service Provider shall be liable to the Consumer for the conformity of the performance with the contract as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act - subject to the provisions of Article 9 sec. 3 and 4 of the Terms and Conditions. 

  2. If the Account service (a digital service) is not supplied or does not perform as expected, the Consumer has the right to request that it be brought into conformity.

  3. If the Service Provider has not supplied the digital service, the Consumer may request the Service Provider to supply it. If, despite the request, the Service Provider fails to supply the digital service without delay or within an additional period of time expressly agreed between the Consumer and the Service Provider, the Consumer may withdraw from the contract for the operation of the Account. 

  4. The Consumer may withdraw from the contract for the operation of the Account without requesting the digital service to be supplied if: 

a. it is clear from the Service Provider's notice or from the circumstances that they will not supply the digital service; or 

b. the Consumer and the Service Provider have agreed, or it is clear from the circumstances of the conclusion of the contract for the operation of the Account, that a specific date for the supply of the digital service was important to the Consumer and the Service Provider has not supplied the digital service within that date. 

  1. Liability shall be borne by the Service Provider for any non-conformity of the digital service with the contract for the operation of the Account which – due to the fact that the digital service is provided continuously - occurred or became apparent at the time it was to be provided in accordance with the contract - subject to the provisions of Article 9 sec. 3 and 4 of the Terms and Conditions. 

  2. If the digital service is not in conformity with the contract for the operation of the Account, the Consumer may request that it be brought into conformity with the contract. 

  3. In case of non-conformity of the digital service with the contract for the operation of the Account, the Consumer shall cooperate with the Service Provider, to a reasonable extent and using technical means that are least intrusive for the Consumer, to ascertain whether the lack of conformity of the digital service at the adequate time results from the characteristics of the Consumer’s digital environment. 

  4. In addition, if the digital service is not in conformity with the contract for the operation of the Account, the Consumer may give a notice of withdrawal from the contract, when: 

a. bringing the digital service into conformity with the contract for the operation of the Account is impossible or requires excessive costs to be borne, as provided for under applicable consumer protection laws;; 

b. the Service Provider has failed to bring the digital service into conformity with the contract for the operation of the Account within a reasonable time from the moment the Service Provider was informed by the Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer, taking into account the nature of the digital service and the purpose for which it is used; 

c. the lack of conformity of the digital service with the contract for the operation of the Account continues despite the fact that the Service Provider has attempted to bring the digital service into conformity with the contract; 

d. the lack of conformity of the digital service with the contract for the operation of the Account is so significant that it justifies withdrawal from the contract for the operation of the Account without first having recourse to the remedy set out in the applicable consumer protection laws (i.e. requesting that the digital service be brought into conformity with the contract); 

e. it is clear from the Service Provider's notice or the circumstances that the Service Provider will not bring the digital service into conformity with the contract for the operation of the Account within a reasonable time or without undue inconvenience for the Consumer. 

OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM 

11. The Service Provider informs the Consumer about the possibility to use out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities entitled to out-of-court dispute resolution. A Consumer may use, among others:

  1. the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is, in principle, free of charge. For a list of country-specific Consumer Centres, see: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consume r-complaint/european-consumer-centres-network-ecc-net_en#contact-ecc-net

  1. if the Consumer is resident in the United Kingdom, they may seek help from the UK International Consumer Centre (UKICC), which offers free advice and assistance in cross-border consumer disputes involving UK businesses. More information is available at: https://www.ukecc.net/.

12. The preceding provision is for information purposes only and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution. 

13. The use of out-of-court dispute resolution is voluntary for both the Service Provider and the Consumer. 

14. A Consumer may additionally use the free assistance of the municipal or district consumer ombudsman in the Republic of Poland. 

15. While the Service Provider is not currently a member of a specific ADR scheme and is not obliged to engage in out-of-court resolution procedures, Consumers may seek information and support from relevant UK consumer organisations, such as:

  • Citizens Advice – which provides free, confidential consumer advice and guidance on resolving disputes with businesses: https://www.citizensadvice.org.uk

  • Consumer Helpline (England, Wales, Scotland) – operated by Citizens Advice:
    Phone: 0808 223 1133;

  • Consumerline (Northern Ireland) – consumer advice service provided by the Department for the Economy: https://www.nidirect.gov.uk/contacts/consumerline

Article 6 RIGHT TO WITHDRAW FROM THE CONTRACT 

1. The Consumer has the right to withdraw from the contract for the operation of the Account concluded with the Service Provider, within 14 calendar days without giving any reason. 

2. The time limit for the withdrawal from the contract for the operation of the Account expires 14 calendar days after the conclusion of the contract. 

3. In order to exercise the right to withdraw from the contract, the Consumer must inform the Service Provider of their decision by making a clear statement (e.g. a letter sent by post or email) using the contact information provided in Article 2 of the Terms and Conditions.

4. The Consumer may use the model withdrawal form attached at the end of the Terms and Conditions, however, it is not obligatory. 

5. In order to observe the time limit for withdrawal, it is sufficient for the Consumer to send information concerning the exercise of their right to withdraw from the contract before the time limit for withdrawal expires. 

Article 7 PERSONAL DATA 

1. The Service Provider is the controller of the personal data provided by the Customer in connection with the conclusion of the contract for the operation of the Account. Detailed information regarding the Service Provider's processing of personal data, including the other purposes and grounds for processing, as well as the recipients of the data, can be found in the privacy policy available in the Shop - in accordance with the principle of transparency under the applicable data protection legislation, including the UK General Data Protection Regulation - “UK GDPR” and, where relevant, the EU GDPR -“GDPR”.

2. The purpose of the Customer's data processing is to maintain the Account. The basis for the processing of personal data in this case is the contract for the operation of the Account or actions taken at the request of the Customer in order to conclude it (Art. 6 sec. 1 (b) of the GDPR/UK GDPR), as well as the Service Provider's legitimate interest in processing data in order to establish, assert or defend possible claims (Art. 6 sec. 1 (f) of the GDPR/UK GDPR). 

3. The provision of data by the Customer is voluntary, but at the same time necessary for the conclusion of the contract for the operation of the Account and providing the digital service covered by this contract. Failure to provide data means that the contract for the operation of the Account will not be concluded and the Service Provider will not be able to provide the digital service covered by this contract. 

4. The Customer's data will be processed until:

a. the contract for the operation of the Account ceases to be valid; 

b. the ability of the Customer or the Service Provider to assert claims related to the Account ceases; 

c. the Customer's objection to the processing of their personal data is accepted - if the processing was based on the Service Provider's legitimate interest 

- depending on what is applicable in each case. 

5. The Customer has the right to request: 

a. access to their personal data, 

b. correction of their personal data, 

c. deletion of their personal data, 

d. restriction of the processing of their personal data, 

e. transfer of their personal data to another controller, 

and the right to: 

f. object at any time to the processing of data on grounds relating to the Customer's particular situation - to the processing of their personal data based on Article 6 sec. 1(f) of the GDPR/UK GDPR (i.e. on the legitimate interests pursued by the Service Provider). 

6. To exercise their rights, the Customer should contact the Service Provider. 

7. If the Customer considers that their data is being processed unlawfully, the Customer may lodge a complaint with the competent data protection authority:

  1. in the United Kingdom, this authority is the Information Commissioner's Office (ICO): https://ico.org.uk

  2. in Poland, this authority is the President of the Personal Data Protection Office (Prezes UODO): https://uodo.gov.pl/en/680/1402;

  3. in other countries of the European Union, the competent authority is the one located in the Customer’s habitual place of residence.

Article 8 CHANGE TO THE TERMS AND CONDITIONS OR TO THE ACCOUNT 

  1. The Service Provider reserves the right to amend these Terms and Conditions only for important and legitimate reasons. An important reason is understood to be the need for amendments to the Terms and Conditions due to: 

a. change in the functionality of the Account, requiring modification of the Terms and Conditions, or 

b. a change in the provisions of law, affecting the execution of the contract for the operation of the Account by the Service Provider, or adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorized public authorities or 

c. change of contact or identification data of the Service Provider. 

  1. Any changes to the Terms and Conditions will be communicated by the Seller to Users who have an Account, electronically to the e-mail address assigned to the Account, at least 14 days before the changes take effect.

  2. The amendments to the Terms and Conditions do not affect orders placed before the date on which they enter into force.

  3. A User who does not accept the amended Terms and Conditions may terminate the agreement for maintaining the Account by contacting the Seller at: support@hugup.com.
  4. If the Customer does not object to the planned amendments by the time they take effect, the Customer is deemed to have accepted them, which shall not constitute any obstacle to the termination of the contract for the operation of the Account in the future. 

  5. If the Customer does not object to the planned amendments by the time they take effect, the Customer is deemed to have accepted them, which shall not constitute any obstacle to the termination of the contract for the operation of the Account in the future.

  6. The Service Provider may make a change to the Account, which is not necessary for its compliance with the contract for the operation of the Account, for the reason indicated in sec. 1 (b) or due to change in the functionality of the Account. The implementation of the change referred to in the preceding sentence will not incur any costs on the part of the Consumer. The provisions of sec. 2-4 shall apply accordingly. 

  7. If the change referred to in the preceding provision significantly and negatively affects the Consumer's access to or use of the Account, the Service Provider shall send to the Consumer's e-mail address sufficiently in advance, on a durable medium, information about the characteristics and date of the change and the Consumer's rights in connection with the change.

Article 9 FINAL PROVISIONS 

1. The Customer shall be prohibited to provide unlawful or offensive content. 

2. The contract for the operation of the Account is concluded in English. 

3. The contract entered into on the basis of these Terms and Conditions shall be governed by Polish law, subject to sec. 4. 

4. The choice of Polish law for the contracts concluded with Consumers under the Terms and Conditions shall not waive or limit the rights of Consumers under the mandatory rules of the law applicable to that Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to the Consumer provide for protection that is broader than that provided for under these Terms and Conditions or Polish law, such broader protection shall apply. 

5. Subject to sec. 7, in the event of a possible dispute with a Customer who is not a Consumer, connected with the contract on the operation of the Account, the competent court shall be the one having jurisdiction over the Service Provider's registered office. 

6. None of the provisions of these Terms and Conditions exclude or in any way limit the rights of the Consumer resulting from the provisions of law. 

7. A natural person who concludes or takes steps to conclude the contract for the operation of the Account, that is in direct connection with their business activity, shall be treated as a Consumer and shall be entitled to the same rights as those enjoyed by Consumers, when it follows from the content of that contract that the contract is not of a professional nature for that person. The preceding sentence shall not apply to the provisions set out in Article 5 in the subpart “Out-of-court complaint and redress methods”, as well as to the provision of sec. 4. 

8. The use of the Shop’s website and its features is subject to the terms and conditions of the website, which are available within the Shop.

Appendix 1. to Terms and Conditions 

What follows is a model withdrawal form from the contract which the Consumer may (but does not have to) use. 

Model withdrawal form 

(complete and return this form only if you wish to withdraw from the contract) 

HUGUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ 

ul. Smoluchowskiego 3c/3, 60-179 Poznań, Poland 

e-mail: support@hugup.com 

I/We (*) ..................................................................... hereby give notice that I/We (*) withdraw from my/our (*) contract of for the provision of the following service (*) / for the supply of digital content in the form of(*): 

....................................................................................................................................................................................................................................................................................................................................................................................................................................– Ordered on/received on(*) 

..................................................– Name of Consumer(s): 

.................................................. – Address of Consumer(s): 

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

Signature of Consumer(s) 

(only if this form is sent on paper) 

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

(*) Delete as appropriate.