Last modified: 27 June 2026
1. GENERAL PROVISIONS
Foundation representatives: Anna Maria Łotowska Ręczmień – President of the Foundation, country of birth: Poland, and Maciej Ręczmień – Vice President of the Foundation, country of birth: Poland.
1. The online shop of Fundacja Nie Musi Boleć, operating at Foundation.niemusibolec.com, is run by Fundacja Nie Musi Boleć (It Doesn’t Have to Hurt Foundation), registered office: ul. Zbigniewa Religi 4 lok. 04, 15-797 Białystok, Poland, KRS: 0001117935, NIP: 9662195289, REGON: 529228080.
2. These Online Shop Terms set out the rules for making purchases in the Fundacja Nie Musi Boleć online shop, including the rules and procedure for concluding distance sales contracts through the Shop, the complaint procedure and the procedure for withdrawal from the contract by a Consumer.
3. For services provided electronically, these Terms are the terms referred to in Article 8 of the Polish Act on Providing Services by Electronic Means of 18 July 2002.
4. These Terms are addressed to all Shop Customers. Each Customer should read the Terms before making a purchase.
5. Each Customer is obliged to comply with the Terms. Sales are made under the version of the Terms in force when the order is placed.
6. Each Customer may read the Terms at any time on the Shop website: Foundation.niemusibolec.com, in the „Shop Terms” section. The Terms may be downloaded and printed at any time.
7. Information on the Shop website concerning products, including prices, does not constitute an offer within the meaning of the Polish Civil Code, but an invitation to conclude a contract. By sending the Order Form, the Customer makes an offer to purchase and receive the indicated Goods or Service at the price and on the terms stated in the description.
2. DEFINITIONS
Terms – this set of rules governing the use of Shop Services by Customers.
Consumer – a natural person concluding a Contract through the Shop that is not directly related to their business or professional activity.
Entrepreneur with Consumer rights – a natural person concluding a civil-law Contract through the Shop directly related to their business activity, where the content of the Contract indicates that it is not of a professional nature for that person, in particular based on the subject of that person’s business activity disclosed in the Polish Central Register and Information on Business. Unless these two groups are distinguished, these Terms apply both to Consumers and Entrepreneurs with Consumer rights.
Customer – a natural person, including a Consumer, who is at least 13 years old, provided that they have obtained consent from their statutory representative where required, a legal person or an organizational unit without legal personality to which specific provisions grant legal capacity, using the Services provided by the Shop.
Order Form – a Service available on the Shop website through which the Customer may make a purchase, in particular by adding Goods, Services or digital services to the Cart and specifying certain terms of the Sales Contract, including delivery and payment method.
Cart – an element of the Shop where the Goods or Services selected by the Customer are visible and where the Customer may determine and modify order details, including the quantity of Products purchased.
Shop – the online service owned by the Seller, available at Foundation.niemusibolec.com, through which the Customer may purchase Goods or Services from the Seller.
Seller – Fundacja Nie Musi Boleć (It Doesn’t Have to Hurt Foundation), registered office: ul. Zbigniewa Religi 4 lok. 04, 15-797 Białystok, Poland, KRS: 0001117935, NIP: 9662195289, REGON: 529228080, offering sales through its website.
Goods – a movable item traded between the Shop and the Customer, the sales terms of which are set out in the Order Form.
Goods with digital elements – goods containing or connected with digital content or a digital service in such a way that the absence of the digital content or digital service would prevent the goods from functioning properly.
Service – a non-production economic activity provided at a distance, without the simultaneous presence of the Seller and the Customer, by transmitting data at the individual request of the Customer through electronic processing and telecommunications systems.
Digital service – a service allowing the Consumer to create, process, store or access data in digital form, share such data or otherwise interact using data in digital form, including video and audio sharing services, cloud storage, email, social media and cloud-based applications.
Product – any goods or service, including digital services and digital content, as well as rights and obligations.
Digital environment – hardware, software and network connections used by the Consumer to access or use digital content or a digital service.
Integration – connecting digital content or a digital service with elements of the Consumer’s digital environment and incorporating them into those elements to ensure conformity with the contract for supply of digital content or a digital service.
Compatibility – the ability of digital content, a digital service or goods to work with hardware or software normally used for content, services or goods of the same type without transformation.
Functionality – the ability of digital content, a digital service or goods to perform their functions, taking into account their intended purpose.
Interoperability – the ability of digital content, a digital service or goods to work with hardware or software other than those normally used for content, services or goods of the same type.
Online marketplace – a service using software, including a website or part of a website or application, operated by or on behalf of a trader, through which Consumers may conclude distance contracts with other traders or natural persons may conclude distance contracts with other natural persons who are not traders.
Online marketplace provider – a trader that operates an online marketplace, provides it to entities or enables its use.
Contract – a distance contract for the sale of Goods, Services or digital services concluded by the Customer through the Shop, usually through the Order Form.
3. ACCEPTING AND PROCESSING ORDERS
1. Use of the Shop requires reading and accepting these Terms. By placing an order, the Customer accepts the Terms.
2. The main parameters determining ranking of offers shown to the Consumer in search results may include search history, previous purchases and other criteria used by the Shop to organize search results.
3. The Shop marks sponsored offers and paid advertisements. Such information is presented directly next to the relevant search result in a visible way that distinguishes it from the general interface.
4. The price stated in the order is the total gross amount that the Customer is required to pay.
5. If the Consumer is to make any payment beyond the agreed price, the Shop will immediately inform the Consumer of this and explain the reason. The Consumer will be charged additional costs only after giving express consent.
6. The Seller reserves the right to change prices in the Shop, introduce new Products, run or cancel promotions or modify them, in accordance with applicable law.
7. If a promotion is introduced, the Shop informs Customers about the lowest Product price from the last 30 days. If a Product has been on sale for less than 30 days, the pre-promotion price is the lowest price since the Product was introduced to the Shop.
8. Customer orders are accepted through the Order Form on Foundation.niemusibolec.com or by email at sklep@niemusibolec.com, seven days a week, 24 hours a day.
9. An order is placed by selecting the relevant Goods, Service or digital service, clicking „Add to cart”, completing the Order Form from the Cart, including delivery and payment method where available, and confirming the purchase.
10. Entrepreneurs with Consumer rights should indicate, when placing an order, that the purchase is not professional in nature for them.
11. After placing an order, the Customer receives order confirmation at the email address provided in the Order Form.
12. Once the Customer receives confirmation that the offer has been accepted, the Seller begins processing the order. For cash-on-delivery orders, this begins no later than the next business day after confirmation by the Seller. For traditional bank transfer orders, processing begins after the payment is credited to the Shop’s bank account.
13. Orders placed in the Shop are processed 24 hours a day, regardless of the day of the week.
14. The Customer receives a message confirming acceptance of the order for processing. Upon receipt of that message by the Customer, the sales contract is concluded.
15. A VAT receipt is issued for each order. At the Customer’s request, a VAT invoice will also be issued and sent to the Customer.
16. Available contact channels with the Shop are:
a) Email – sklep@niemusibolec.com
b) Phone – +48 790 277 795
c) Correspondence address – ul. Zbigniewa Religi 4 lok. 04, 15-797 Białystok, Poland
d) Address for withdrawal from the Contract – ul. Zbigniewa Religi 4 lok. 04, 15-797 Białystok, Poland
17. The Seller verifies the authenticity of reviews submitted by Customers who purchased Products in the Shop. A review may be submitted only after purchasing the specific product.
18. The Seller does not publish false or distorted reviews. Published reviews may be both positive and negative.
4. PAYMENTS
1. The Shop may offer the following payment methods: cash on delivery, bank transfer, fast online transfers through Stripe, card payment and BLIK payment.
2. Detailed terms of payments through banks or other available services are governed by the rules of those banks and services.
3. The Customer is required to pay the price under the Sales Contract within 7 business days from conclusion of the Contract, unless the Sales Contract provides otherwise.
4. The Product is dispatched only after payment is made, unless the Contract provides otherwise.
5. COMPLAINTS
1. The Seller is liable for non-conformity of the Product with the Contract under applicable law.
2. Complaints may be sent by email to sklep@niemusibolec.com or by post to the Seller’s registered office address.
3. A complaint should include the Customer’s details, order identification, description of the issue and the Customer’s request. If the data or information provided in the complaint is incomplete, the Seller may ask the Customer to supplement it before reviewing the complaint.
4. The Seller reviews complaints within 14 days of receipt of a complete complaint.
5. If a complaint is accepted, the Seller will take actions required by applicable law, including repair, replacement, price reduction, refund or other appropriate remedy, depending on the nature of the Product and defect.
6. The complaint procedure does not limit the Customer’s rights under mandatory provisions of law.
6. RIGHT OF WITHDRAWAL
1. Under the Polish Act on Consumer Rights, a Consumer may withdraw from a Contract for Products purchased in the Shop without giving any reason by submitting a written statement within 14 days from delivery of Goods or receipt of a Service, digital content or digital service. The deadline is met if the Consumer sends the statement before it expires.
2. The Consumer may withdraw from the Contract by submitting a withdrawal statement to the Seller. A template statement is attached as Appendix 1 to these Terms.
3. The withdrawal statement should be sent to: ul. Zbigniewa Religi 4 lok. 04, 15-797 Białystok, Poland.
4. The Consumer should return the Goods to the Seller within 14 days from the day on which they withdrew from the Contract. The deadline is met if the Goods are sent back before it expires.
5. The Consumer bears only the direct cost of returning the Goods.
6. The Goods should be returned to the Seller’s address: ul. Zbigniewa Religi 4 lok. 04, 15-797 Białystok, Poland.
7. Within 14 days of receiving the withdrawal statement, the Seller will refund all payments received from the Consumer, including delivery costs, but the refund may be withheld until the Goods are received back or the Consumer provides proof of sending them back.
8. If the Consumer selected a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not required to refund the additional costs incurred by the Consumer.
9. The Seller will make the refund using the same payment method as the Consumer used.
10. The Consumer is liable for any reduction in the value of the Product resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Product.
11. The right of withdrawal does not apply to a Sales Contract:
a) for non-prefabricated Goods produced according to the Consumer’s specifications or serving the Consumer’s individualized needs;
b) for Goods that deteriorate quickly or have a short shelf life;
c) for reservation of a place or purchase of a ticket for on-site or online courses, conferences and workshops;
d) for Goods delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
e) for Goods which, after delivery, due to their nature, become inseparably connected with other goods;
f) for audio or visual recordings or computer programs to which the buyer obtains access through a recording link or educational platform;
g) for newspapers, periodicals or magazines, except subscription contracts;
h) where the price or remuneration depends on financial market fluctuations beyond the Seller’s control that may occur before the withdrawal period expires;
i) for Goods with digital elements, digital services or digital content not supplied on a tangible medium for which the Consumer is obliged to pay, if the Seller began performance with the Consumer’s express prior consent after the Consumer was informed that they would lose the right of withdrawal after performance and acknowledged this, and the Seller provided confirmation;
j) concluded at a public auction;
k) for accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure, entertainment, sports or cultural events, if the Contract specifies the day or period of service;
l) where the Consumer expressly requested the Seller to visit them for urgent repair or maintenance; if the Seller provides additional services or goods other than necessary replacement parts, the right of withdrawal applies to those additional Services or Goods.
12. The right of withdrawal from a distance contract applies to Consumers and Entrepreneurs with Consumer rights.
7. OUT-OF-COURT DISPUTE RESOLUTION
1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others: mediation conducted by the competent Regional Inspectorate of Trade Inspection; assistance of a permanent consumer arbitration court operating at the Regional Inspectorate of Trade Inspection; free assistance from a municipal or district consumer ombudsman; or the online ODR platform available at http://ec.europa.eu/consumers/odr/.
2. This section on out-of-court dispute resolution does not apply to Entrepreneurs with Consumer rights.
8. PERSONAL DATA PROTECTION
1. By placing an order, the Customer consents to the processing of personal data provided for the purpose of completing and handling the order by the Seller, who is also the personal data controller within the meaning of GDPR.
2. The controller of personal data provided by the Customer when using the Shop is the Seller.
3. Personal data in the Seller’s database is not transferred to entities that do not participate in performance of the Contract.
4. The Customer has the right to access their personal data and may request correction or deletion. The Seller ensures each Customer’s right to control processed personal data.
5. Providing personal data is voluntary, but lack of consent to personal data processing prevents completion of the Customer’s order.
6. Detailed information on personal data and privacy protection is included in the Privacy Policy section of the Shop.
9. FINAL PROVISIONS
1. These Terms set out the rules for concluding and performing sales contracts for Products available on the Shop website.
2. The sales contract is concluded between the Customer and the Seller.
3. The Terms are available to all Customers electronically on the Shop website Foundation.niemusibolec.com in the „Shop Terms” section.
4. To use Shop Services, the Customer must have a device with internet access and a web browser that displays websites, and must provide an email address enabling order-related information to be sent.
5. All persons, including Customers, are prohibited from posting unlawful content on the Shop website.
6. Matters not regulated in these Terms are governed by generally applicable law.
7. These Terms do not exclude or limit any rights of Consumers granted by mandatory provisions of law. If the Terms conflict with mandatory consumer protection provisions, those provisions prevail.
8. Provisions of the Terms less favorable to Consumers than mandatory provisions of the Polish Act on Consumer Rights are invalid and are replaced by those statutory provisions.
9. If any provision of these Terms is or becomes invalid or ineffective, the validity of the remaining Terms is unaffected. The parties will replace an invalid or ineffective provision with another one that reflects the intended economic purpose as closely as possible. The same applies to any gaps in the Terms.
Appendix 1: Withdrawal form
Town/Village: ___________, date: __________
Consumer/Entrepreneur with Consumer rights:
First and last name: ________________
Address: ________________
Email: ________________
Phone: ________________
Trader:
Name: Fundacja Nie Musi Boleć
Address: ul. Zbigniewa Religi 4 lok. 04, 15-797 Białystok, Poland
WITHDRAWAL FORM FOR A CONSUMER OR ENTREPRENEUR WITH CONSUMER RIGHTS
I hereby inform you of my withdrawal from the contract concluded on _______________ concerning: __________________________________________________________________________________________________________________________________________________________________________________________________________________
In connection with the above, I kindly request a refund of the following amount resulting from withdrawal from the contract: _______________ PLN (in words: _____________________________________________), to be transferred to the following bank account number: _________________________.
Notice
The Consumer, as well as an Entrepreneur with Consumer rights, has the right to withdraw from the Contract within 14 days without giving any reason, and in the case of a Contract concluded during an unsolicited visit at the Consumer’s place of residence or usual stay or during an excursion, within 30 days. To exercise the right of withdrawal, the Consumer must inform the Seller, Fundacja Nie Musi Boleć, at ul. Zbigniewa Religi 4 lok. 04, 15-797 Białystok, Poland, or by email at sklep@niemusibolec.com, of the decision to withdraw from the Contract by an unequivocal statement sent by post or email. The Consumer may use the withdrawal form attached to these Terms, but this is not mandatory.
Yours faithfully
__________________(handwritten signature of the Consumer/Entrepreneur with Consumer rights)