TERMS AND CONDITIONS OF THE TUTU.EU ONLINE STORE

1. The online store TuTu.eu, accessible at tutu.eu, is operated by Dawid Hudyka, with its registered office at ul. Węgierska 12B, 33-340 Stary Sącz, and Tax Identification Number (NIP): 734-262-76-68.
2. These Terms and Conditions for the online store set out the rules for making purchases in the online store TuTu.eu, specifically the terms and procedures for concluding distance sales contracts via the store, as well as the procedures for handling complaints and for the withdrawal from a contract by a consumer.
3. With regard to services provided by electronic means, these Terms and Conditions constitute the regulations referred to in Article 9 of the Act on the Provision of Services by Electronic Means of 18 July 2002 (consolidated text, Journal of Laws of 2024, item 1513, as amended).
4. These Terms and Conditions apply to all customers of the Store. All customers are required to familiarize themselves with the provisions of the Terms and Conditions before making a purchase.
5. Every customer is required to comply with the provisions of the Terms and Conditions. Sales are governed by the version of the Terms and Conditions in effect at the time an order is placed.
6. Every customer may review the Terms and Conditions at any time by clicking the “Store Terms and Conditions” hyperlink on the store’s website, tutu.eu. The Terms and Conditions may be downloaded and printed at any time.
7. All information provided on the store’s website, tutu.eu, regarding products (including prices), does not constitute an offer within the meaning of Article 66 of the Act of April 23, 1964, the Civil Code (consolidated text, Journal of Laws of 2024, item 1061, as amended), but rather an invitation to enter into a contract, pursuant to Article 71 of the Act of April 23, 1964, the Civil Code (consolidated text, Journal of Laws of 2024, item 1061, as amended). By submitting an Order Form, the customer makes an offer to purchase and take delivery of the specified product(s) at the price and under the terms and conditions set out in the product description.

Terms and conditions – this set of regulations governing the rules for the use of the Store’s services by Customers.

Consumer – a person who enters into an Agreement via the Store, where such agreement is not directly related to their business or professional activity.

Entrepreneur with Consumer Rights – a natural person entering into a civil-law agreement via the Store, where such agreement is directly related to their business activity, but—as evidenced by the content of the agreement—does not have a professional character for that person (determined, in particular, by the nature of the business activity as disclosed in the Central Register and Information on Economic Activity). For the purposes of these Terms and Conditions, where no distinction is made between these two groups, the Terms and Conditions apply both to Consumers and to Entrepreneurs with consumer status.

Client – a natural person (including a consumer) who is at least 13 years of age (provided that they have obtained the consent of their legal representative), a legal entity, or an organizational unit without legal personality that is granted legal capacity by specific provisions of law, and who uses the services provided by the Store.

Order form – A service available on the Store’s website, through which a Customer may make a purchase—specifically by adding Products to the Cart and specifying certain terms of the Sales Agreement, such as the method of delivery and payment.

Shopping cart– a section of the Store where the Goods selected by the Customer are displayed, and where the Customer has the option to specify and modify Order details, including the quantities of the Products being purchased.

Shop – an online trading platform, owned by the Seller, available at the domain: tutu.eu, through which the Customer may purchase Goods from the Seller.

Seller – Dawid Hudyka, with its registered office at: ul. Węgierska 12B, 33-340 Stary Sącz, Tax ID (NIP): 734-262-76-68, who, in the course of his business or professional activity, offers products for sale via his website.

Merchandise – a movable item that is the subject of a transaction between the Store and the Customer, the terms of sale for which are specified in the Order Form.

Goods with digital elements – a good that contains, or is interlinked with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the good from functioning properly.

Product – any good or service, including real estate, digital services and digital content, as well as rights and obligations.

Digital environment – computer hardware, software, and network connections used by the consumer to access or use digital content or a digital service.

Integration – pThe integration of digital content or a digital service with elements of the consumer’s digital environment, and the incorporation of such content or service into those elements, for the purpose of ensuring conformity with the contract for the supply of digital content or a digital service.

Compatibility– the interoperability of digital content, a digital service, or a good with hardware or software that is typically used to access digital content, a digital service, or a good of the same type, without the need for conversion.

Functionality – the ability of digital content, a digital service, or a good to perform its functions, taking into account its intended purpose.

Interoperability – the ability of digital content, a digital service, or a good to function with computer hardware or software other than that typically used to access digital content, a digital service, or a good of the same type.

Online trading platform – a service that utilizes software—including a website, a portion of a website, or an application—operated by or on behalf of a business, through which consumers are enabled to enter into distance contracts with other businesses, or individuals who are not acting as businesses are enabled to enter into distance contracts with other individuals who are not acting as businesses.

Provider of an online trading platform – an entrepreneur who operates an online marketplace, provides an online marketplace to other entities, or enables the use of such a marketplace.

Agreement – a distance sales agreement for Goods, concluded by the Customer via the Store, typically by means of an Order Form.

1. A condition for using the Store is having read and accepted these Terms and Conditions. By placing an order, the Customer accepts the content of the Terms and Conditions.
2. The main parameters that determine the ranking of offers presented to the consumer as a result of a search—which are also displayed in a visible manner in direct connection with each specific offer—are as follows:
   purchase history, product popularity, current promotions, and stock availability.
3. The store features sponsored offers and paid advertisements. This information is presented in direct connection with a given search result, in a visible manner that stands out from the general interface.
4. The price stated in the order represents the total amount that the Customer is required to pay, inclusive of applicable taxes (gross price). Delivery costs are not included in this price, as they depend on the delivery method chosen by the Customer.
5. If the Consumer is required to make a payment exceeding the agreed price described in the preceding paragraph, the Store shall promptly inform the Consumer of this fact, explaining the reason for the price difference. The Consumer shall be charged for any additional costs only upon obtaining the Consumer’s explicit consent.
6. The Seller reserves the right to change the prices of items in the Store, introduce new Products for sale, conduct or cancel promotional campaigns, or make changes to such campaigns, in accordance with applicable law.
7. When a promotion is introduced, the Store informs Customers of the lowest price of the Product over the last 30 days. If the Product has been on sale for less than 30 days, the price prior to the promotion is the lowest price recorded since the Product was first introduced in the Store. This information is displayed alongside the promotional price of the Product.
8. Customer orders are accepted via an Order Form submitted through the website tutu.eu or by email to hubert@tutu.eu, 7 days a week, 24 hours a day.
9. To place an order for a product, the customer selects the item(s) they are interested in and clicks the “ADD TO CART” button located next to the product description. From the “CART” section of the store, the customer then completes the order form—including the selection of a delivery and payment method (or the option to pay upon delivery, if available for the chosen product)—and finally confirms the purchase.
10. Entrepreneurs with consumer status should indicate, at the time of placing an order for products, that the purchase is not related to their professional activity.
11. After placing an order, the customer receives an order confirmation at the email address provided in the Order Form.
12. Once the Customer receives confirmation that their offer has been accepted, the Seller begins the order fulfillment process, whereby:
    a) for orders to be paid for upon delivery, the process begins no later than the next business day following confirmation by the Seller.
    b) for orders to be paid for via a traditional bank transfer, the process begins once the payment for the order has been credited to the Store’s bank account.
13. Orders placed in the Store are processed during the Store’s business hours (on business days, Monday to Friday, from 8:00 to 16:00). Orders placed on business days after 16:00, as well as those placed on Saturdays, Sundays, or public holidays, will be processed on the next business day.
14. The customer will receive a notification that their order has been accepted for processing, which is considered the Seller’s declaration of acceptance of the offer. The Sales Agreement is concluded the moment this notification is received by the customer.
15. A VAT receipt is issued for every order. Upon the customer’s request, a VAT invoice will also be issued and sent to the customer (pursuant to Article 106b, paragraph 3 of the Act of 11 March 2004 on Value Added Tax; consolidated text, Journal of Laws of 2023, item 1570, as amended).
16. The available means of communication between the Customer and the Store are:
    a) E-mail – hubert@tutu.eu
    b) Phone – 696230088
    c) Address for the purpose of exercising the right to withdraw from the Agreement: ul. Węgierska 12B, 33-340 Stary Sącz
17. The Seller verifies the authenticity of reviews submitted by customers who have purchased products in the store, in the following manner:

In our store, customers are welcome to post reviews of the products they have purchased. Before publication, we may review these submissions to ensure they comply with our terms and conditions—specifically to filter out offensive content, material unrelated to the product, spam, or unlawful content.
If a review comes from a customer whose purchase of the product is confirmed by our system records, we may label it as a “Verified Purchase.”
We do not guarantee that every published review originates from someone who has actually purchased or used the product, unless the review carries a label confirming its verification.
The seller does not post false or distorted reviews. Published reviews include both positive and negative feedback; the seller does not selectively remove only negative reviews. Furthermore, the seller does not solicit “likes” for the store on social media, nor does the seller ask acquaintances to post fake, positive reviews for the purpose of artificially promoting products. The store does not move positive reviews or comments (or portions thereof) to other locations on the website in a manner intended to create the impression that such feedback applies to the entire store rather than the specific product or service to which the customer’s original comment referred; furthermore, the store does not engage in any other unfair commercial practices.
Any reviews or recommendations created at the request of and for payment by the Seller will be clearly labeled within the store as sponsored reviews or recommendations.

1. Orders from the Store are fulfilled via:
   Poczta Polska (Polish Post)
   parcel locker
   courier
   personal pickup

2. The shipping fee (in PLN) via Poczta Polska is:
   – 19.49 PLN gross (parcel up to 2 kg);
   – 20.49 PLN gross (parcel up to 5 kg).

3. Orders placed in the Store are processed exclusively on business days. Orders placed on Saturdays, Sundays, or public holidays will be processed on the next business day.
4. The typical waiting time for a shipment is 3 business days. This duration includes the order processing time—the time required to assemble the products for your order—as well as the estimated delivery time, which, for shipments within Poland, starts from 24 hours.
5. The seller is not liable for delays caused by the carrier.
6. Upon receipt of a shipment delivered by a courier, the Customer should, in the courier’s presence, thoroughly check the contents and completeness of the shipment, the condition of the outer packaging, and the condition of the ordered Product. In the event that the shipment is damaged, the Customer should, together with the courier, draw up a damage report in two identical copies, signed by both the Customer and the courier.
7. It is possible to collect the ordered Product in person at the stationary store at the following address: ul. Węgierska 12B, 33-340 Stary Sącz.

1. The following payment methods are available when shopping at the Store:
   – cash on delivery – upon receipt of the shipment;
   – bank transfer;
   – online payment via the PayU payment gateway.

2. The detailed rules and conditions for making payments via banks or other available services are set out in the respective terms and conditions of those banks and services.
3. A customer who has chosen the bank transfer payment option is required to pay for their order within five (5) business days from the date the order was placed. Failure to do so will render the Seller’s offer non-binding, and the order will be removed from the system. Please include only the order number in the payment reference. It is possible to extend the payment deadline, provided that you notify the store’s customer service team in advance via email at hubert@tutu.eu, by phone at 696230088, or by mail at ul. Węgierska 12B, 33-340 Stary Sącz.

1. The seller is liable for any non-conformity of the product with the contract. For contracts that entail the transfer of ownership of goods to a consumer—including, in particular, sales contracts, supply contracts, and contracts for specific work resulting in a good—the provisions of the Act of 23 April 1964, the Civil Code (consolidated text, Journal of Laws of 2023, item 1610, as amended), concerning the statutory warranty for defects, do not apply.
2. The seller is liable for any lack of conformity of the product with the contract that exists at the time of delivery and becomes apparent within two (2) years from that time, unless a longer period of product usability has been specified by the seller, their legal predecessors, or persons acting on their behalf. It is presumed that any lack of conformity of the product with the contract that becomes apparent within two (2) years of the product’s delivery existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the specific nature of the product or the nature of the lack of conformity.
3. If the Product is inconsistent with the Agreement, the Consumer may request its repair or replacement. The Seller may make an exchange when the Consumer requests repair, or the Seller may make a repair when the Consumer requests replacement, if bringing the Product into compliance with the Agreement, in the manner chosen by the Consumer, is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Product into compliance with the Agreement.
4. The seller shall carry out the repair or replacement within a reasonable time from the moment the consumer informs them of the lack of conformity with the contract, and without causing undue inconvenience to the consumer, taking into account the nature of the product and the purpose for which the consumer acquired it. The costs of repair or replacement—including, in particular, postage, transport, labor, and material costs—shall be borne by the seller. To this end, the consumer shall make the product subject to repair or replacement available to the seller. The seller shall collect the product from the consumer at their own expense. If the product was installed before the lack of conformity with the contract became apparent, the seller shall dismantle the product and reinstall it—or arrange for these actions to be performed—following the repair or replacement, at the seller’s own expense.
5. If the Product is not in conformity with the Agreement, the Consumer may submit a declaration to reduce the price or to withdraw from the Agreement when:
   a) the Seller has refused to bring the Product into conformity with the Agreement;
   b) the Seller has failed to bring the Product into conformity with the Agreement;
   c) the lack of conformity of the Product with the Agreement persists, even though the Seller has attempted to bring the Product into conformity with the Agreement;
   d) the lack of conformity of the Product with the Agreement is of such a serious nature that it justifies a price reduction or withdrawal from the Agreement without first requesting repair or replacement;
   e) it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without causing significant inconvenience to the Consumer.
6. The reduced price must bear the same proportion to the price stipulated in the Agreement as the value of the non-conforming Product bears to the value of a conforming Product. The Seller shall reimburse the Consumer for any amounts due as a result of the exercise of the right to a price reduction promptly, and no later than fourteen (14) days from the date of receipt of the Consumer’s statement regarding the price reduction.
7. The consumer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is minor. It is presumed that any lack of conformity of the Product with the Agreement is significant.
8. In the event of withdrawal from the Agreement, the Consumer shall promptly return the Product to the Seller at the Seller’s expense. The Seller shall promptly refund the price to the Consumer, no later than fourteen (14) days from the date of receipt of the Product or proof of its return, using the same means of payment as that used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not entail any costs for the Consumer.
9. Complaints regarding Products may be submitted:
   a) in writing, to the Seller’s registered office address: ul. Węgierska 12B, 33-340 Stary Sącz;
   b) via email, to the following email address: hubert@tutu.eu.
10. A complaint should include:
    a) the details of the person filing the complaint (full name, mailing address, e-mail address, and a contact phone number);
    b) an indication of the reason for the complaint and the specific request;
    c) the Order number, as shown in the order confirmation;
    d) the original or a copy of the proof of purchase (e.g., a receipt or an invoice) may facilitate the complaint process, but it is not strictly required for filing a complaint.
11. The above provisions do not preclude the Seller from providing a warranty for the purchased Products, which is governed by a separate warranty policy.

1. In accordance with the Act of 30 May 2014 on Consumer Rights (consolidated text, Journal of Laws of 2020, item 287, as amended), a consumer may withdraw from a contract for products purchased in the store without providing a reason by submitting an appropriate written statement within fourteen (14) days from the date the goods are delivered (i.e., from the date the goods are received by the consumer). This deadline is considered met if the consumer sends the statement before the period expires.
2. The consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. A template for this statement is provided as Appendix No. 1 to these Terms and Conditions.
3. The statement regarding withdrawal from the Agreement should be sent to the following address: ul. Węgierska 12B, 33-340 Stary Sącz.
4. The consumer shall return the Goods to the Seller within fourteen (14) days from the date on which they withdrew from the Agreement. It is sufficient to dispatch the Goods before this period expires in order to meet the deadline.
5. The consumer shall bear only the direct costs of returning the goods.
6. Products should be returned to the Seller’s address: ul. Węgierska 12B, 33-340 Stary Sącz.
7. Within fourteen (14) days of receiving the notice of withdrawal from the Agreement, the Seller shall refund to the Consumer all payments made, including the cost of delivering the Goods; however, the refund shall not be issued until the Seller has received the Goods back or the Consumer has provided proof of having sent them back.
8. If the Consumer has chosen a method of delivery for the Goods other than the least expensive delivery method offered by the Seller, the Seller is not required to reimburse the Consumer for the additional costs incurred.
9. The seller will refund the payment using the same payment method as the one used by the consumer.
10. The consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
11. The Consumer does not have the right to withdraw from a Sales Agreement in the case of an agreement:
    a) where the subject of the performance is a non-prefabricated good, manufactured according to the Consumer’s specifications or intended to meet their individual needs;
    b) where the subject of the performance is a good that is liable to deteriorate rapidly or has a short shelf life;
    c) where the subject of the performance is alcoholic beverages, the price of which was agreed upon at the time of concluding the agreement, the delivery of which can only take place after 30 days, and the value of which depends on market fluctuations over which the Seller has no control;
    d) where the subject of the performance is a good supplied in a sealed package which cannot be returned after opening due to health protection or hygiene reasons, if the package has been opened after delivery;
    e) where the subject of the performance consists of goods which, due to their nature, become inseparably mixed with other items after delivery;
    f) where the subject of the performance consists of sound or visual recordings or computer software supplied in a sealed package, if the package has been opened after delivery;
    g) for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts. h) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawing from the Agreement;
    i) for the supply of goods with digital elements, digital services, or digital content not supplied on a tangible medium, for which the Consumer is required to pay a price, provided that the Seller has commenced performance with the Consumer’s express and prior consent, the Consumer was informed before the commencement of performance that they would lose their right of withdrawal once the Seller had fully performed the contract and acknowledged this, and the Seller has provided the Consumer with confirmation;
    j) concluded by way of a public auction;
    k) for the provision of accommodation (other than for residential purposes), transport of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the Agreement specifies a particular date or period for the provision of the service;
    l) in which the Consumer has expressly requested the Seller to visit them for the purpose of carrying out urgent repairs or maintenance; if the Seller provides services in addition to those requested by the Consumer, or supplies goods other than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from the Agreement with respect to such additional services or goods;
    m) for the provision of services for which the Consumer is required to pay a price, where the Consumer has explicitly requested the Seller to visit them for the purpose of carrying out repairs, and the service has already been fully performed with the Consumer’s express prior consent.
12. The right to withdraw from a distance contract is available to consumers and to entrepreneurs with consumer status.

1. In the event that the complaint procedure does not yield the result expected by the consumer, the consumer may, among other options, avail themselves of the following:

   Mediation conducted by the competent regional Trade Inspection (Inspekcja Handlowa) office; a request for mediation must be submitted to the relevant office. As a general rule, this procedure is free of charge. A list of these offices can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

   Assistance from a competent regional permanent consumer arbitration court, operating under the auspices of the Trade Inspection; a request for the case to be heard by the arbitration court must be submitted to the relevant body. As a general rule, this procedure is free of charge. A list of such courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

   Free assistance from a municipal or district consumer ombudsman.

   The online ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/

2. This section, titled “Out-of-court dispute resolution,” does not apply to entrepreneurs with consumer status.

1. By placing an order, the customer consents to the processing of the personal data they provide for the purpose of fulfilling and handling the order by the Seller, who also acts as the personal data controller within the meaning of Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – Official Journal of the European Union L 119, 4 May 2016, pp. 1–88.
2. The Seller is the controller of the personal data provided by the Customer while using the Store.
3. Personal data contained in the Seller’s database are not transferred to entities that are not involved in the execution of the Agreement.
4. In accordance with Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – Official Journal of the European Union L 119, 4 May 2016, pp. 1–88 – the Customer has the right to access their personal data and may request its correction or deletion. The Seller ensures that every Customer has the right to control the personal data being processed.
5. Providing personal data is voluntary; however, failure to consent to the processing of personal data makes it impossible to fulfill the customer’s order.
6. Detailed information regarding personal data and privacy protection can be found in the “Privacy Policy” section on the Store’s website.

1. Regulamin określa zasady zawierania i wykonywania Umowy sprzedaży Produktów, znajdujących się na stronie Sklepu.
2. Umowa sprzedaży zawierana jest między Klientem a Sprzedawcą.
3. Regulamin dostępny jest dla wszystkich Klientów w wersji elektronicznej na stronie internetowej Sklepu: tutu.eu, w zakładce: „Regulamin Sklepu”.
4. Aby móc korzystać z Usług Sklepu, niezbędne jest posiadanie urządzeń pozwalających na dostęp do internetu oraz przeglądarki internetowej, umożliwiającej wyświetlanie stron www, jak również podanie adresu e-mail, umożliwiającego przesłanie informacji, dotyczących realizacji zamówienia.
5. Zakazuje się wszystkim osobom, w tym Klientom, zamieszczania na stronie Sklepu treści bezprawnych.
6. W sprawach nieuregulowanych niniejszym Regulaminem stosuje się odpowiednie przepisy powszechnie obowiązującego prawa.
7. Regulamin nie wyłącza oraz nie ogranicza żadnych uprawnień Klienta, będącego Konsumentem, które przysługują mu na mocy bezwzględnie obowiązujących przepisów prawa. W przypadku sprzeczności pomiędzy postanowieniami Regulaminu a bezwzględnie obowiązującymi przepisami prawa, przyznającymi konsumentom uprawnienia, pierwszeństwo mają przepisy prawa.
8. Postanowienia Regulaminu mniej korzystne dla Konsumenta, niż postanowienia ustawy z dnia 30 maja 2014 r. o prawach konsumentów (t.j. Dz. U. z 2020 r. poz. 287, ze zm.) są nieważne, a w ich miejsce stosuje się przepisy ustawy.
9. W razie gdyby którekolwiek z postanowień niniejszego Regulaminu było lub miało stać się nieważne lub bezskuteczne, ważność całego Regulaminu w pozostałej części zostaje nienaruszona. W takim przypadku Strony zastąpią nieważne lub bezskuteczne postanowienie innym, które możliwie najwierniej oddaje zamierzony cel gospodarczy. Odpowiednio dotyczy to także ewentualnych luk w Regulaminie.