Terms of service

TERMS AND CONDITIONS OF THE ZUZUCASE ONLINE STORE

Effective date: 1st of June 2026

§ 1. GENERAL PROVISIONS AND DEFINITIONS

1. These Terms and Conditions (hereinafter: "Terms") set out the rules for using the online store available at zuzucase.com (hereinafter: the "Store"), including the rules for placing orders, concluding sales contracts, delivery of goods, and the complaint procedure.

2. The owner and operator of the Store is:

Jacek Żukowski operating as a sole proprietorship under the business name:
New Tech Jacek Żukowski registered in the Central Register and Information on Economic Activity (CEIDG).
Registered address: Promyka 49/46, 05-800, Pruszków, Poland
Tax Identification Number (NIP): PL5342219307
Statistical Number (REGON): 142324037
Email address: jack@zuzucase.com
(hereinafter: the "Seller")

3. The following terms used in these Terms shall have the meanings set out below:
   - Customer - a natural person with full legal capacity, a legal person, or an organisational unit without legal personality that makes or intends to make a purchase in the Store;
   - Consumer - a Customer who is a natural person entering into a transaction with the Seller that is not directly related to their business or professional activity (Article 22¹ of the Polish Civil Code), as well as a natural person running a sole proprietorship who enters into a contract directly related to that activity but of a non-professional nature for that person (Article 38a of the Polish Consumer Rights Act);
   - Product - goods offered in the Store, in particular phone cases, tablet cases, protective accessories for electronic devices, and other products available in the Store;
   - Order - a declaration of intent by the Customer constituting an offer to conclude a sales contract for a Product with the Seller, placed via the Store;
   - Sales Contract - a distance sales contract for a Product concluded between the Customer and the Seller via the Store;
   - Account - a set of resources and functionalities available to the Customer after registering in the Store;
   - Business Days - Monday through Friday, excluding public holidays in the Republic of Poland.

4. These Terms are made available free of charge via the Store in a form that allows the Customer to obtain, reproduce, and store them, in accordance with Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services.

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§ 2. CONTACT INFORMATION

1. The Customer may contact the Seller:
   - by email: jack@zuzucase.com
   - via the contact form available on the Store's website
   - by post: at the Seller's registered address indicated in § 1(2)

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§ 3. TECHNICAL REQUIREMENTS

1. Using the Store requires:
   - a device with internet access (computer, tablet, or smartphone);
   - an up-to-date web browser (Chrome, Firefox, Safari, Edge, or another compatible browser);
   - an active email account;
   - cookies and JavaScript enabled.

2. The Seller is not responsible for technical issues resulting from the Customer's failure to meet the above requirements.

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§ 4. SERVICES PROVIDED ELECTRONICALLY

1. The Seller provides the following services electronically via the Store:
   - browsing the Store's product catalogue and viewing Product descriptions;
   - maintaining a Customer Account;
   - placing Orders for Products;
   - a newsletter service (upon the Customer's separate consent).

2. The Account service is provided free of charge for an indefinite period. The Customer may cancel their Account at any time by sending a request to the Seller by email or by using the account deletion feature available in the Customer panel.

3. The newsletter service is provided free of charge for an indefinite period. The Customer may unsubscribe from the newsletter at any time by clicking the unsubscribe link included in each message or by contacting the Seller.

4. The Customer is prohibited from providing unlawful content, including in particular content that infringes the rights of third parties, vulgar or offensive content, or content that violates applicable law.

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§ 5. REGISTRATION AND CUSTOMER ACCOUNT

1. Registration in the Store is voluntary and free of charge. Orders may be placed both with and without registration (as a guest).

2. To register, the Customer fills in the registration form, provides the required information, and accepts these Terms.

3. The Customer is obliged to provide truthful and up-to-date information and to update it in the event of any changes.

4. The Customer is responsible for maintaining the confidentiality of their login credentials and bears responsibility for all actions performed through their Account.

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§ 6. PLACING ORDERS AND CONCLUSION OF THE SALES CONTRACT

1. Information about Products displayed on the Store's website constitutes an invitation to negotiate within the meaning of Article 71 of the Polish Civil Code and does not constitute a binding commercial offer.

2. To place an Order, the Customer:
   - selects a Product and adds it to the shopping cart;
   - fills in the order form, providing the information necessary to process the Order (delivery address, delivery method, payment method);
   - reads and accepts these Terms;
   - confirms the Order by clicking the button marked "Order with obligation to pay" or an equivalent unambiguous statement.

3. Placing an Order constitutes an offer by the Customer to the Seller to conclude a sales contract.

4. After placing an Order, the Customer receives an automatic order confirmation at the email address provided. The Sales Contract is concluded when the Seller sends a confirmation that the Order has been accepted for fulfilment.

5. Confirmation of the concluded contract is provided to the Customer on a durable medium (email) and contains the essential elements of the Order, including a description of the Product, the price, delivery costs, and information about the right of withdrawal.

6. The Store offers the option of ordering Customised Products, in particular cases featuring an individual graphic uploaded by the Customer, a name, inscription, or another element chosen by the Customer (hereinafter: "Customised Product"). When placing an Order for a Customised Product, the Customer:
   - uploads materials (photos, graphics, text) via the form available in the Store;
   - bears sole responsibility for the content, quality, and legality of the uploaded materials (details in § 11(4)–(6));
   - acknowledges and accepts that the Customised Product is manufactured to their individual specification, and therefore **the right of withdrawal does not apply**, pursuant to Article 38(3) of the Polish Consumer Rights Act (details in § 10(4)–(5));
   - is clearly informed of the above exclusion before confirming the Order.

   Once the Customer has approved the final appearance of the Customised Product (preview) and confirmed the Order, changes to the customisation specification are no longer possible, as production begins immediately.

7. The Seller reserves the right to refuse to fulfil an Order in the following cases:
   - the Customer has provided false or incomplete information;
   - an obvious pricing error on the Store's website (system error);
   - a reasonable suspicion of fraud;
   - the Customer has submitted, as part of the customisation process, content that is unlawful, offensive, infringing on the rights of third parties (including copyrights, trademarks, or personal rights), promoting hatred, violence, or discrimination, or otherwise contrary to the law or common decency.

   In such cases, the Seller promptly informs the Customer by email, and any payments made are refunded in full.

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 § 7. PRICES AND PAYMENTS

1. Product prices displayed in the Store are quoted in local currencies and include VAT.

2. The price of a Product does not include delivery costs, which are displayed separately during the ordering process and added to the total Order amount.

3. The total price of the Order, including the Product price and delivery costs, is visible before the Order is confirmed.

4. In the event of a price reduction, the Seller displays, alongside the reduced price, the lowest price of that Product that was in effect during the 30 days prior to the reduction, in accordance with the Polish Act on Informing About Prices of Goods and Services (implementing the EU Omnibus Directive).

5. The Seller accepts the following payment methods:
   - Shopify Payments (credit/debit cards: Visa, Mastercard, American Express, and others);
   - PayPal;
   - other payment methods, e.g. BLIK, Przelewy24, Klarna, Apple Pay, Google Pay and others, depending on your Shopify configuration.

6. Order fulfilment begins once payment has been credited to the Seller's account or confirmed by the payment operator.

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§ 8. DELIVERY

1. The Seller delivers Products to European Union member states.

2. Delivery is carried out by courier companies or postal operators.

3. For sales to Consumers, the risk of accidental loss or damage to the Product during transit is borne by the Seller until the Product is delivered to the Consumer. The Consumer does not bear any costs related to damage or loss of a shipment during transit.

4. For sales to Customers who are not Consumers, the risk of accidental loss or damage to the Product passes to the Customer upon handover of the Product to the carrier.

5. Upon receipt of the parcel, the Customer should inspect the condition of the packaging. If any damage caused during transit is identified, the Customer should draw up a damage report in the presence of the courier and promptly notify the Seller. The absence of a damage report does not preclude the filing of a complaint, but it facilitates the complaint process.

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§ 9. COMPLAINTS - NON-CONFORMITY OF GOODS WITH THE CONTRACT

1. The Seller is obliged to deliver Products that are in conformity with the contract, in accordance with the Polish Consumer Rights Act of 30 May 2014 (Chapter 5a — non-conformity of goods with the contract, implementing EU Directive 2019/771 on the sale of goods).

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 2 years from that date.

3. A Product is in conformity with the contract if, in particular, its description, type, quantity, quality, completeness, and functionality are consistent with the contract, and if it is fit for any particular purpose communicated by the Consumer to the Seller no later than at the time the contract was concluded and accepted by the Seller.

4. In the event of non-conformity of the Product with the contract, the Consumer is entitled to the following remedies in the order prescribed by law:
   - repair or replacement - the Consumer may request repair or replacement of the Product; the Seller shall carry out the repair or replacement within a reasonable time from being informed of the non-conformity and without excessive inconvenience to the Consumer;
   - price reduction or withdrawal from the contract - the Consumer may submit a statement requesting a price reduction or withdrawal from the contract if: the Seller has refused to repair or replace the Product or has failed to bring the Product into conformity with the contract; the non-conformity is so significant as to justify an immediate price reduction or withdrawal; or it is clear from the Seller's statement or the circumstances that the Seller will not bring the Product into conformity within a reasonable time or without excessive inconvenience to the Consumer.

5. Complaints may be submitted:
   - by email to: jack@zuzucase.com
   - by post to the Seller's registered address

6. A complaint should include:
   - the Customer's full name and contact details;
   - the Order number;
   - a description of the identified non-conformity;
   - the Customer's request (repair, replacement, price reduction, or refund);
   - photographs illustrating the defect.

7. The Seller shall process the complaint within 14 days of receipt. Failure to respond within this period shall be treated as acceptance of the complaint.

8. If the complaint is upheld, the costs of repair, replacement, or return of the Product shall be borne by the Seller.

9. With respect to Customers who are not Consumers, the Seller's liability for defects is governed by the provisions of Articles 556 et seq. of the Polish Civil Code (warranty for defects / rękojmia).

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§ 10. RIGHT OF WITHDRAWAL

1. The Consumer has the right to withdraw from a distance contract without giving any reason within 14 days from the day on which the Consumer, or a third party other than the carrier designated by the Consumer, takes physical possession of the Product.

2. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision by means of an unambiguous statement (e.g. an email or a letter sent by post). To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.

3. The detailed conditions for withdrawal, including a model withdrawal form, are set out in the separate Returns Policy available on the Store's website.

4. Exclusion of the right of withdrawal for Customised Products. Pursuant to Article 38(3) of the Polish Consumer Rights Act, the right of withdrawal from a distance contract does not apply to contracts where the Product is non-prefabricated, manufactured to the Consumer's specification, or intended to satisfy the Consumer's individualised needs. Customised Products — i.e. cases on which an individual graphic, photograph, name, inscription, or other element chosen or provided by the Customer has been printed — constitute products manufactured to the Consumer's specification and are therefore not eligible for return under the right of withdrawal.

5. The Customer is informed of the exclusion of the right of withdrawal in a clear and prominent manner during the ordering process for a Customised Product — before confirming the Order with the "Order with obligation to pay" button. Confirming an Order for a Customised Product constitutes simultaneous acceptance of this exclusion.

6. The right of withdrawal applies on standard terms (14 days) to non-customised Products, i.e. cases with pre-designed patterns offered in the Store that have not been modified to the Customer's individual specification.

7. The exclusion of the right of withdrawal does not limit the Consumer's right to file a complaint on the grounds of non-conformity of the Product with the contract (§ 9). If a Customised Product is defective (e.g. a printing error, damage, or a discrepancy from the approved preview), the Consumer retains full complaint rights.

8. In the event of a valid withdrawal, the Seller shall refund all payments using the same payment method that the Consumer used, unless the Consumer has expressly agreed to a different method of refund.

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§ 11. INTELLECTUAL PROPERTY

1. All content published in the Store, including in particular graphic designs and patterns printed on Products, product photographs, descriptions, logos, graphic elements of the interface, and the website's source code, are the property of the Seller or are used by the Seller under applicable licences and are protected under the Polish Act of 4 February 1994 on Copyright and Related Rights and other intellectual property laws.

2. Purchasing a Product from the Store does not constitute the acquisition of copyright or a licence to the graphic designs applied to the Product. The Customer acquires only the right to use the purchased copy of the Product for personal use.

3. Copying, reproducing, distributing, modifying, or commercially exploiting graphic designs, photographs, and other materials published in the Store without the prior written consent of the Seller is prohibited.

4. The Customer bears full responsibility for any content provided to the Seller in connection with Product customisation (uploaded graphics, photographs, inscriptions, names, and other elements). The Customer represents and warrants that:
   - they hold all necessary rights (copyright, licence, right to likeness) to the provided content;
   - the content does not infringe the rights of any third party, including copyrights, trademarks, personal rights, or the right to likeness;
   - the content does not contain any unlawful, offensive, vulgar, pornographic elements, or elements promoting hatred, violence, or discrimination;
   - if the content includes the likeness of a third party, the Customer has obtained that person's consent for the use of their likeness.

5. By uploading content for customisation, the Customer grants the Seller a free, non-exclusive licence to use the content solely to the extent necessary to fulfil the Order (i.e. to manufacture and deliver the Customised Product). The Seller does not use the uploaded content for any other purpose; in particular, it does not make the content publicly available, use it for marketing purposes, or resell it.

6. In the event of third-party claims against the Seller arising from content provided by the Customer as part of the customisation process, the Customer undertakes to indemnify the Seller against all liability and to cover the reasonable costs of defence against such claims.

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§ 12. PRODUCT DESCRIPTIONS — COLOUR AND APPEARANCE DISCLAIMERS

1. The Seller makes every effort to ensure that Product descriptions, photographs, and specifications displayed in the Store are as accurate and reliable as possible.

2. Due to the nature of the production process (digital printing on protective materials) and differences in monitor settings and calibration, **actual Product colours may differ slightly from the colours displayed on the Customer's screen**. Minor colour differences resulting from these factors do not constitute a defect or grounds for a complaint on the basis of non-conformity with the contract.

3. Structural elements of the Product, such as camera cutouts, button openings, ports, and speaker grilles, are tailored to the specific device model selected by the Customer when placing the Order. The Seller is not liable for a Product's failure to fit a device if this results from the Customer selecting the wrong device model.

4. For Customised Products, print quality is directly dependent on the quality and resolution of the materials uploaded by the Customer. The Seller is not liable for poor print quality (blurriness, pixelation, insufficient sharpness) resulting from the Customer uploading graphics with too low a resolution or in an unsuitable format. Guidelines regarding minimum resolution and file formats are provided on the Store's website during the customisation process. Colours of a customised print may differ slightly from those displayed on the Customer's screen — the disclaimer in paragraph 2 above applies accordingly.

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§ 13. SELLER'S LIABILITY

1. The Seller is liable to the Customer in accordance with the generally applicable provisions of law, including in particular for non-conformity of the Product with the contract as described in § 9 of these Terms.

2. The Seller's liability to Customers who are not Consumers for lost profits is excluded. The Seller's total liability for damages to Customers who are not Consumers is limited to the amount paid by that Customer for the Product to which the claim relates.

3. The above limitations do not apply to the Seller's liability for damage caused intentionally, through wilful misconduct or gross negligence, or for personal injury.

4. Nothing in these Terms excludes or limits the Consumer's rights under mandatory provisions of law, in particular the Polish Consumer Rights Act and the Polish Civil Code.

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§ 14. REVIEWS AND RATINGS

1. If the Store enables the publication of Product reviews, the Seller informs that:
Published reviews come from Customers who have purchased the reviewed Product. The Seller verifies whether the review author has actually purchased the Product by linking the review to the Order number.

2. The Seller does not publish fake reviews or commission their creation. Reviews are not sponsored unless explicitly marked as such.

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§ 15. FORCE MAJEURE

1. The Seller shall not be liable for the non-performance or improper performance of obligations arising from the Sales Contract if this is caused by events of force majeure, i.e. external events that are unforeseeable and unavoidable, including but not limited to: natural disasters, epidemics, pandemics, military operations, strikes, telecommunications system failures, decisions of public authorities, and supply chain disruptions beyond the Seller's control.

2. In the event of force majeure, the Seller shall promptly inform the Customer of the situation and the anticipated delay. The Customer has the right to cancel the Order and receive a full refund of any payments made.

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§ 16. OUT-OF-COURT DISPUTE RESOLUTION

1. The Consumer has the option to use out-of-court means of handling complaints and pursuing claims, including in particular:

   - applying to the Provincial Inspector of the Trade Inspection) for the initiation of mediation proceedings for the amicable resolution of the dispute;
   - applying to the permanent consumer arbitration court operating at the Provincial Inspector of the Trade Inspection for a ruling on the dispute;
   - seeking free legal assistance from the local (municipal) consumer ombudsman;
   - contacting the **Office of Competition and Consumer Protection (UOKiK)** — detailed information is available at: https://www.uokik.gov.pl

2. Consumers from EU member states other than Poland may seek assistance from the European Consumer Centre (ECC-Net) — a network of consumer centres that assist in resolving cross-border disputes. Information: https://konsument.gov.pl (Poland) or the relevant ECC centre in the Consumer's country of residence.

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§ 17. PERSONAL DATA AND PRIVACY POLICY

1. The controller of the Customers' personal data is the Seller.

2. Customers' personal data is processed for the purposes of Order fulfilment, Account management, complaint handling, and — with the Customer's separate consent — for marketing purposes, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and the Polish Act of 10 May 2018 on the Protection of Personal Data.

3. Detailed information on the processing of personal data, including the rights of the Customer as a data subject, is contained in the separate Privacy Policy available on the Store's website.

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§ 18. AMENDMENTS TO THESE TERMS

1. The Seller reserves the right to amend these Terms for important reasons, such as: changes in applicable law, changes in payment or delivery methods, changes in the scope or form of the services provided - to the extent that such changes affect the performance of the provisions of these Terms.

2. The Seller shall notify Customers who hold an Account of planned changes to these Terms at least 14 days before the changes take effect, by sending a notification to the email address associated with the Account.

3. A Customer who does not accept the amended Terms has the right to terminate the Account agreement at any time before the amended Terms take effect.

4. Orders placed before the amended Terms take effect shall be fulfilled under the terms previously in force.

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§ 19. FINAL PROVISIONS

1. These Terms are governed by Polish law. Matters not regulated by these Terms shall be governed by the applicable provisions of Polish law, including in particular the Polish Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services, and the GDPR.

2. For Consumers residing in EU member states other than Poland, the choice of Polish law as the governing law does not deprive those Consumers of the protection afforded to them under mandatory provisions of the law of their country of habitual residence, in accordance with Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I).

3. Any disputes between the Seller and a Customer who is not a Consumer shall be resolved by the court having jurisdiction over the Seller's registered seat. Disputes with Consumers shall be resolved by the court having jurisdiction in accordance with the provisions of the Polish Code of Civil Procedure, taking into account the right of a Consumer from another EU member state to bring proceedings before the court of their place of domicile (Brussels I bis Regulation).

4. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.