Terms and conditions
1 GENERAL PROVISIONS
Customers whose delivery address was specified as a place beyond the
territory of the Republic of Poland.
Working days – all days of the week from Monday to Friday, excluding
Polish bank holidays.
Customer – a person using Store, a natural person, with full legal
capacity (therefore, in principle, at least of 18 years of age), a
legal person or an organizational unit, not a legal person that is
given their legal capacity by the law.
Consumer – a natural person that undertakes the legal act not
directly related to their business of professional activity (Art. 22
of the Civil Code).
Customer account– collection of Customer information, as well as
actions performed by Customer in Store (including customer data
necessary for execution of submitted orders, order record, execution
status of orders being processed).
Store or Internet store – Internet store operating at
www.mrgugu.com, managed by Seller, through which Seller offers goods to
Seller - Jakub Chmielniak, conducting business activity under the
company name of "LETHE", with its main office at ul. Czajkowskiego
Street No. 15, 43-300 Bielsko-Biała, NIP (Tax Identification
Number): 937-24-97-177, Regon (National Business Registry Number):
241353364, email address:
- Seller - Digital Goods – merchandise available in Store.
3. Pricing in Store shall not constitute an offer as defined in the
provisions of the Civil Code, but solely invitation to enter into a
4. Prices in Store are given in Euro (gross, after adding any duties,
VAT tax, and other taxes). Pricing does not contain shipping and payment
cost- these costs are every time decided upon by Customer at the time of
placing the order. The final price in relation to the contract for
selling Goods is specified during the process of offer (order)
placement, in accordance with §3 section 1 and 2.
5. From time to time the Seller may organise promotions (e.g.
promotional activities, contests, etc.) via the Store or grant discounts
(e.g. on the basis of discount codes). In such case, if there are no
other provisions, the promotions shall not aggregate. Moreover, during
promotion, the discount codes shall not be active.
2 ACCOUNT REGISTRATION
1. Customers are offered the possibility of registration in Internet
Store, which results in creating user Account.
- 2. Registration process means:
These are: name and surname or company name, shipping address and
e-mail address, and in case of entrepreneurs – also the company name
and tax identification number (NIP). Optionally, the Customer may
also provide: date of birth, phone number, information, who they
have found the Store’s website and billing address.
3. After filling in the registration form, Customer is sent a message
via e-mail to the address provided during registration. Customer is
requested to confirm the information by clicking on the attached link.
Customer Account is established as soon as the confirmation process has
4. Customer is entitled to remove the Store account at any time by
sending appropriate request at
5. After logging, the Customer may review data on its Account and use
the Store’s functionalities depending on the manager of disposal with
the Account. Logging takes place after correct login (that is e-mail
address provided during the registration process) and password are
provided on the Store’s respective site. The Customer undertakes to
maintain confidentiality of set defined password and not allow other
people to use their Account.
6. Terminating Account shall not impact validity of earlier legal
actions performed by Seller with Customer in Store.
3 PLACEMENT OF ORDERS
1. The Customer may purchase goods via the Store. To do this, the
Customer should add individual Goods to “the basket” and then confirm
its choice with a click on a respective option available on the Store’s
2. Having approved the list of selected Goods, the Customer should:
- specify the delivery
- specify the method of payment
confirm that data provided upon registration of the Account are
accurate, and confirm the total price of the Goods (comprising costs
of delivery and paymen
- clicking the button “order with obligation of payment”.
3. Performance of activities referred to in sec. 1 and 2 is equivalent
to the Customer’s placement of an offer to the Seller to sell goods in
the basket at prices displayed by the system, defined delivery costs,
etc. (see sec. 2 letter c, the last subsection above).
4. Upon placement of an offer by the Customer in compliance with sec. 3,
an e-mail message is sent to the Customer to the e-mail address provided
by the Customer upon registration of an account of a user of the online
store, with a written confirmation of the terms and conditions of the
offer made (an order).
5. A sale agreement is concluded between the Customer and the Seller
upon the Seller’s approval of an offer (order) that was received
earlier, in a form of an e-mail message sent to the e-mail address
provided upon registration of a user account. The message should contain
a copy of this Regulation in the version approved by the Customer and
binding for an order concerned, as well as information specified in sec.
2 letters a-c above. Confirmation of placement of an offer (order)
referred to is section 4 shall not be equivalent to approval of an offer
- 1. The Seller accepts the following modes of payment:
- cash payment on delivery
- via PayU system
- via Paypal system
- payment card
The Customer should specify selected mode of payment on the order form.
2. The cost of payment depends on selected mode of payment. The Customer
shall be notified on the costs of payment for the Goods concerned before
an order is made, in compliance with §3. Moreover, information on the
current rates is also available always on the Store’s website.
3. In case of payment via PayU system, Paypal system or a payment card,
a payment shall be made before delivery of the Goods, and in case of
cash payment on delivery – at the time of delivery of the Goods.
4. In case of the Customer’s delay in payment that is longer than 7
working days from acceptance of an order by the Seller, the Seller shall
have the right to cancel the sale agreement referred to in §3 sec. 5
5 FULFILMENT OF THE ORDER AND DELIVERY OF GOODS
1. The Seller shall commence fulfilment of the Customer’s order
immediately after conclusions of an agreement on the sales of Goods
subject to the order (in case of cash payment on delivery) or
immediately after a payment for Goods is credited on its bank account
(in case of the other modes of payment).
2. The manner and address of delivery should be specified by the
Customer in the order form.
3. Possible manners of delivery are as follows:
- postal business parcel
courier delivery (e.g. Fedex, DHL, UPS – to be selected by the
4. Costs of delivery depend on the selected manner of delivery and
selected method of payment (the costs of delivery are higher in case of
cash payments on delivery). The Customer is informed about the costs of
delivery of given Goods before an order is placed, in compliance with
§3. Moreover, information on current rates is available all the time on
the Store’s website.
5. In case of orders concerning Goods of a higher value than PLN 250, in
case of which payment in advance (that is one of the payment methods
referred to in §4 sec. 1 letters b-d) was selected, the Seller shall not
charge any additional costs of delivery to the Customer.
6. The period of fulfilment of an order consists of the time of delivery
of a parcel to the courier and the time of transportation of a parcel by
said courier - it usually takes around 25 days counting from conclusion
of an agreement on sale of Goods (acceptance of an order), depending on
a selected delivery method.
7. If it is not possible to fulfil an order in the period defined in
sec. 6 above, the Seller may notify the Customer about it via e-mail, at
e-mail address provided upon registration of an Account or upon
placement of an order, and should return the entire received amount to
the Customer, unless the Customer agrees on prolongation of the period
of delivery of goods. It refers in particular to Goods requiring
customization to the individual needs of the Customer.
8. The address of delivery should be located in the Republic of Poland.
The Seller shall not make deliveries outside its borders.
6 PRODUCT LIABILITY
1. Seller bears responsibility for faulty Goods in case of Customers who
are Consumers in line with the conditions specified in the Law of 27
July 2002 on special conditions of consumer sales and on changes in the
Civil Code, and in case of other Customers – in line with the conditions
specified in the Law of 23.04.1964 r. – the Civil Code
2. Faulty goods (complaints) might be submitted via e-mail at
in writing at the Seller’s address provided in §1.
Customer shall, if possible, write the following in the content of the
letter of complaint:
Customer shall, if possible, write the following in the content of
the letter of complaint:
fault description, including, especially: what the fault is and when
it was discovered.
- the date of revealing the fault
what Customer request is in connection with complaint submission.
- However, lack of any of the above elements in the letter of complaint
submitted by Customer who is Consumer shall not preclude consideration
of the complaint. Sending complete documentation might however speed the
3. The Seller undertakes to deliver ordered Goods to the Customer
according to all specifications presented in the description of the
Goods on the Store’s website. It refers mainly to the size of the Goods,
their manufacturing, material used for their production and graphical
decoration on the Goods.
7 CONSUMER’S RIGHT TO CANCEL
1. The Customer, who is a consumer, may cancel an agreement on sales of
the Goods without a reason. The deadline for cancellation expires upon
lapse of 100 days from when the Consumer enters in possession of the
Goods or on a day when a third party specified by the Customer, other
than a carrier, enters into possession of the Goods.
2. In case of an agreement comprising numerous items, that are delivered
separately, in batches or in parts, the period of cancellation of the
agreement shall expire upon lapse of 100 days from when the Consumer
enters in possession of the last item or on a day when a third party
specified by the Customer, other than a carrier, enters into possession
of the last item.
3. To comply with the deadlines referred to in sec. 1 and 2, it is
sufficient to send a declaration on cancellation of the agreement to the
Seller before such deadline.
4. An agreement on sales of Goods shall be cancelled through a clear
statement submitted by the Customer to the Seller.
5. If the Customer cancels an agreement on sales of Goods in the manner
defined in this article:
the Customer shall send the Goods to the Seller at the following
address: Czajkowskiego 15 , 43-300 Bielsko-Biała, immediately but
not later than within 14 days from when they cancel an agreement on
sales of Goods. The Goods should be sent back by the Customer within
14 days to comply with the deadline. The Customer shall cover direct
costs of return of the Goods.
The Seller shall return all payments received from the Customer,
including the costs of delivery of Goods (save for additional costs
resulting from the other manner of delivery selected by the Customer
that the cheapest delivery offered by the Selle
promptly, that is no later than within 14 days from the Customer’s
cancellation of an agreement on sales of Goods.
The Seller shall return payments by means of the same method of
payment, that was used by the Customer in the original transactions,
unless the Customer explicitly accepts another solution. In any
case, the Customer shall not pay any charges related to such return.
6. The Seller may suspend return of payment until receipt of Goods or
until it receives the evidence confirming that Goods have been sent
back, whichever takes place earlier.
7. The Customer shall be held liable for reduction of the value of Goods
in result of their use in a different way than necessary to confirm the
nature, features and functioning of the Goods.
8. The Customer shall have no right of cancellation referred to in this
article in case of agreements specified in article 38 of the Act on
Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827),
including agreements, whose subject includes a non-prefabricated item,
produced in compliance with consumer’s specification or used for
fulfilment of consumer’s individualised needs.
8 REPLACEMENT OF GOODS
1. The Customer, who is a consumer, may ask the Seller for replacement
of the Goods for other same Goods or other Goods available in the Store,
with payment or return of a price difference. If it is necessary to
return Goods, the Customer shall decide on the form of such return.
2. If the Seller agrees for replacement of Goods, the Buyer shall cover
the costs of dispatch.
The Seller specified in §1 above shall be the controller of the
Customer’s personal data. Customers may contact the Seller on issues
related to personal data protection at phone number (+48) 334 867 005 or
via e-mail at
1. The Customer’s personal data will be processed by the Seller in
compliance with generally applicable provisions (including the
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 – hereinafter referred to as GDPR), for the
period of activities aimed at accomplishment of purposes, in relation to
which the data have been collected.
- 2. The Seller processes Customers’ data for the purpose of:
performance of agreement on selection services, sale agreements of
other agreements concluded according to the principles defined in
this Regulation, in particular agreements in relation to
registration of an Account or placement of orders. In such case, the
data are processed based on execution of an agreement with the
Customer or undertaking of activities required by the Customer
before conclusion of an agreement (article 6 sec. 1 letter b of
fulfilment of legal obligations imposed on the Seller, in particular
in scope of maintenance of proper accounting documents (article 6
sec. 1 letter c of GDPR),
promotion of goods and own services, as well as preparation of
specification, analyses and statistics and asserting claims. In this
case, processing is based on the Seller’s legitimate interest
(article 6 sec. 1 letter f of GDPR).
3. Regardless of the foregoing, the Seller may process the Customer’s
personal data on the basis of voluntary, specific, aware and explicit
consent expressed by the Customer (article 6 sec. 1 letter a of GDPR).
In such case, the scope of processing will correspond to the contents of
such consent. The consent may be withdrawn any time.
4. Disclosure of personal data by the Customer is voluntary in every
case, provided that some data are necessary for the Seller to execute a
sale agreement concluded via the Store.
5. The Customer’s personal data may be disclosed to third parties only
if the Seller is authorised or obliged to do so by the legal provisions.
Recipients of such data may include in particular: persons servicing the
infrastructure or IT systems, subcontractors, persons who render
services related to execution or improvement of the selling process
(e.g. payment intermediaries, banks, advertising agencies, couriers or
carriers), as well as consultants (e.g. in respect to accounting or
legal services) and auditors.
6. Personal data will not serve as grounds for automated decision
making, in particular in respect to profiling performed by the
7. Personal data will not be delivered to third parties (outside the
European Economic Are
8. The Customer shall have the right to review their data, rectify or
delete them, or limit their processing, and also a right to transfer
9. The Customer has also the right to object to further data processing
by the Seller. The Customer shall be entitled to such right in
particular if there are no reasons for personal data processing or if
data are processed for direct marketing purposes.
10. If data processing violates legal provisions, the Customer shall be
entitled to submit a complaint to the supervisory authority, that is the
President of the Data Protection Office.
11. Detailed principles of personal data processing by the Seller may be
10 PERSONAL DATA
Technical requirements, prohibition to publish illegal contents,
1. The Seller shall provide the Customers via the Store with a
possibility of free of charge use of the following services rendered via
electronic means (within the meaning of the Act on Services Rendered via
Electronic Means of 18 July 2002, Dz.U.2002.144.1204 as amended), whose
contents comprise use of the Store’s functionality, including in
- providing access to the Store’s contents,
registration and maintenance of the Account, including entering into
agreements with the Seller on sale of Goods available in the Store,
- distribution of the newsletter.
2. Seller shall undertake the necessary technical and organizational
means to protect the processed personal data.
3. The principles of storage of cookie files in the Customer’s devices
by the Seller, as well as the Seller’s access to such files are defined
in the Cookie File Policy attached in Appendix no 1 to this Regulation.
4. In case of and in line with the conditions specified in the Law on
personal data protection, especially in art. 24 and art. 32-35, Customer
is entitled to access their data, correct it or delete it.
5. The agreement on rendering of services referred to in section 1 is
concluded by means of the a respective individual request submitted by
the Customer for a data transfer by means of the telecom network (which
may take place in case of sec. 1 letter a via opening of the Store’s
website, and in case of other services specified in sec. 1 – through
completion and approval of a respective form in the Store). These
agreements shall be terminated after their complete execution, and in
case of permanent services – through a termination submitted by any
Party any time. A respective statement may be sent to the Seller by the
Customer via e-mail at
6. In each case disclosure of personal data by Customer is voluntary-
subject to that fact that some data is essential for Seller to execute
the sale contract concluded through Store.
7. Customer personal data might be disclosed to a third party if such
right or duties result from the rule of law.
12 CONTENT TERMS
1. Do not upload, post, display, or publish Content on Fanadise that:
shows, includes or refers to:
adult content, nudity, or any other sexual content.
Any individual under 18 years old (or which refers to individuals under 18 years old generally); or
any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
- shows, promotes, advertises or refers to:
firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
drugs or drug paraphernalia;
self-harm or suicide;
violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
urine, scatological, or excrement-related material;
"revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on Fanadise);
escort services, sex trafficking, or prostitution;
contains unsoliticited sexual and adult content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Fanadise including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
- gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
- causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
- is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
- involves or promotes third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
such a case:
registered Customers shall be informed about the changes via e-mail
at the address provided at registration – at least 14 days before
the changes are in place.
registered Customers shall be asked for acceptance of changes of the
submission of a compliant via the platform of online systems to
solve disputes between consumers and entrepreneurs on the EU level
at the following www address of the ODR platform
http://ec.europa.eu/consumers/odr/; The Seller’s e-mail address as a
potential contact point in such cases is:
termination of the e-services contract, specified in §9 of these terms
of use effective immediately and resulting in terminating Customer’s
Account – subject to §10 section 3 below.
Customers; and they shall not impact the placed orders that shall be
13 AMENDMENTS OF THE REGULATION
all contracts concluded under this law (especially for sale contracts
for Goods) is the law of the Republic of Poland.
2. The Seller shall have the right to amend the provisions of this
Regulation due to important reasons. In such case of Customers who are
Consumers whose permanent residence is European Union (except for
Denmark) but outside of the Republic of Poland– section 1 is applied to
the extent that it shall not exclude application of regulations
applicable in the country of permanent residence of Consumer, the ones
that shall not be excluded on the grounds of the contract (see Art. 6 of
the Directive of the European Parliament and European Council of 17 June
2008 on the governing law applicable for contractual obligations [Rome
I, Journal of Laws of .UE.L.2008.177.6]).
contracts included in its execution shall be settled by Polish common
court having jurisdiction in accordance with the applicable regulations.
The Customer has a possibility to contact the online store, in
particular via e-mails sent to e-mail address
15 FINAL PROVISIONS
all contracts concluded under this law (especially for sale contracts
for Goods) is the law of the Republic of Poland.
2. In case of Customers who are Consumers with permanent place of stay
in the territory of the European Union (except Denmark) but outside the
territory of the Republic of Poland, section 1 shall apply in the scope,
in which it does not exclude application of legal provisions applicable
in the country of Consumer’s permanent stay, which cannot be excluded in
an agreement (see article 6 of the Regulation of the European Parliament
and the Council of 17 June 2008 on the law applicable to contractual
obligations [Rome I, EU OJ.L.2008.177.6]).
contracts included in its execution shall be settled by Polish common
court having jurisdiction in accordance with the applicable regulations.
1. This Policy defines the principles of storage of information by the
Seller and the Seller's access to information already stored on
Customer's devices in form of cookie files.
2. All terms, which have been defined in the Regulation, shall have the
same meaning in this Policy. Moreover, the following terms shall have
the meaning defined below:
Cookies - mean IT data, in particular short text files, that are
recorded and stored on devices used by the Customer to enter the
Own Cookies - mean Cookies placed by the Seller, in relation to
services rendered via electronic means by the Seller via the Store.
Foreign Cookies - mean Cookies placed by third parties via the
Device - means an electronic device used by the Customer to obtain
access to the Store.
§2 Cookie files
1. By means of cookie files, the Seller stores information on the User's
Device or obtains access to information that has been already stored, in
compliance with the principles defined in the Policy.
2. The Seller uses the following types of cookie files:
Session cookies: they are stored in the Customer's Device and remain
there until the end of session of a given browser. Then the recorded
information is permanently deleted from the memory of the Device.
Permanent cookies: are stored in the Customer's Device and remain
there until their deletion. They are not deleted from the Device at
the end of a session of a browser or after the Device is switched
§3 Using of cookie files
1. The Seller uses Own Cookies to adjust the contents of the Store to
preferences and needs of the Customer, taking into account in particular
a type of Device, by means of which the Customer uses services of the
2. The Seller uses Foreign Cookies for the purpose of collective
statistics and analyses used for monitoring of the manner of use of the
Store by Customers, which enables possibly best adjustments to the needs
of Customers. In this respect the Seller uses Google Analytics services,
within the scope of which the information on origin of users identified
by their IP is read, recorded and sent to a secured Google server upon
opening of the Store. Google Analytics does not collect any private
data. Detailed information on the issue is available on Google's website
configuration of the Customer's Device and software installed in the
1. The Customer has a possibility to limit or deactivate access of
cookie files to its Device in the Internet browser settings or though
configuration of the service, in particular in a way blocking automatic
handling of cookie files or informing on every fact of recording of
cookie files in the Customer's Device. Detailed information on
possibilities and ways of handling cookie files is available in software
(Internet browser) settings. Description of actions necessary for this
purpose may be found on websites of manufacturers, e.g.:
- The Customer may delete cookie files any time.
some functionalities available in the Store.
Appendix no 2 to the Regulation - Withdrawal form (this
form should be completed and sent only if you wish to withdraw from the
Addressee: Jakub Chmielniak
performing business activity under legal name of "LETHE Jakub Chmielniak''
Czajkowskiego 15, 43-300 Bielsko-Biała
JI/we (*) hereby inform(*) about my/our withdrawal from the sale agreement
concerning the following items (*):
Date of conclusion of the agreement (*)/receipt(*)
Name and surname of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the withdrawal form is on paper)
(*) Delete as appropriate.