1. General provisions

1.1. The online store available at 42.show is operated by SIARHEI VAITOVICH & SONS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, Poland.

• Registered address: ul. Henryka Dobrzańskiego Hubala 22D, 01-473 Warszawa, Poland
• Operating and correspondence address, and address for returns: ul. Wczasowa 17, 59-850 Świeradów-Zdrój, Poland
• KRS 0001221378 · NIP 5223361737 · REGON 543889272
• E-mail: mail@42.show · Tel. +48 665 486 586 (WhatsApp, text messages)

Referred to below as the Seller, Service Provider or we.

1.2. These Terms and Conditions (the Rules, Regulamin) apply to every Customer using the online store.

1.3. The Service Provider is the controller of personal data processed in connection with these Rules. Personal data is processed for the purposes, to the extent and on the basis set out in the Privacy Policy. Providing personal data is voluntary. Every person whose data is processed has the right to access, rectify, erase and restrict processing of their data, and to object to it.

1.4. Definitions.

• Working day — Monday to Friday, excluding public holidays in Poland.
• Registration form — a form in the online store allowing the creation of an Account.
• Order form — an interactive electronic form allowing the Customer to place an order, in particular by adding Products to the cart and setting the terms of the Sales Contract, including delivery and payment method.
• Customer — (1) a natural person with full legal capacity and, in cases provided by law, with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity — who has concluded or intends to conclude a Sales Contract with the Seller.
• Consumer — a Customer who is a natural person acting for purposes not directly related to their business or professional activity.
• Account — an electronic service identified by a login and password, comprising data provided by the Customer and information about their orders.
• Product — a movable item available in the online store that is the subject of a Sales Contract; given the nature of the Seller’s activity, most Products are manufactured to the Customer’s individual specification (see Section 3).
• Sales Contract — a contract for the manufacture and/or sale of a Product concluded between the Customer and the Seller.
• Civil Code — the Polish Act of 23 April 1964 — Civil Code.
• Consumer Rights Act — the Polish Act of 30 May 2014 on Consumer Rights (Dz.U. 2014 poz. 827, as amended), implementing Directive 2011/83/EU of 25 October 2011 on consumer rights.
• Order — the Customer’s declaration of will submitted via the Order form, aimed directly at concluding a Sales Contract.

2. Electronic services in the online store

2.1. The following electronic services are available: Account, Order form and Newsletter.

2.2. Account. Use of the Account requires three steps: completing the Registration form, clicking “Register”, and confirming via the link sent automatically to the e-mail address provided. The Registration form requires name and surname, e-mail address, contact telephone number and password. The Account is provided free of charge for an indefinite period. The Customer may delete it at any time, without giving a reason, by sending a request to mail@42.show or in writing to the address in clause 1.1.

2.3. Order form. Use begins when the Customer adds the first Product to the cart. An Order is placed after completing the Order form and clicking “I am ordering with an obligation to pay”. The form requires: name and surname or company name, address (street, building or flat number, postal code, city, country), e-mail address, contact telephone number, and the contract data — Products, quantity, place and method of delivery, method of payment. Customers who are not consumers also provide their company name and tax identification number. The Order form is free of charge and one-off in nature.

2.4. Newsletter. Sent to the e-mail address specified by the Customer after clicking “Save”.

2.5. Technical requirements: a device with Internet access; access to e-mail; a current web browser (Mozilla Firefox, Google Chrome, Safari, Microsoft Edge, Opera); cookies and JavaScript enabled.

2.6. The Customer must use the online store lawfully, respecting personal rights, copyright and intellectual property of the Seller and third parties, must provide true data, and must not supply unlawful content.

2.7. Complaints about electronic services (other than Product complaints under Section 9) may be submitted in writing to the address in clause 1.1 or by e-mail to mail@42.show. The complaint should describe the issue, the date it arose, the Customer’s request and contact details. Complaints are handled no later than 14 calendar days from submission.

3. Nature of the seller’s activity

3.1. The Seller does not sell mass-market, off-the-shelf goods. The Seller’s core activity is the provision of custom-manufacturing services: Products — including LED suits, costumes for dancers, gymnasts and acrobats, mirror suits for living statues, waterproof suits for flyboard and similar items — are manufactured individually for each Customer in accordance with the Customer’s requirements as to dimensions, colours, materials, design and other attributes.

3.2. Because each Product is made to the Customer’s specification or clearly personalised, it is treated as a non-prefabricated good manufactured to the consumer’s specification within the meaning of Art. 16(c) of Directive 2011/83/EU and Art. 38(3) of the Consumer Rights Act, and/or as a service performed at the Customer’s express request within the meaning of Art. 16(a) of the Directive and Art. 38(1) of that Act. The consequences for withdrawal and refunds are set out in Section 10.

3.3. As Products are handmade to order, minor variations in colour, shade, finish and dimensions within normal manufacturing tolerances are inherent to the nature of the Product and do not constitute a defect.

3.4. Before production begins, the Customer confirms the specification — dimensions, colours, materials, design and other attributes. Once the specification has been approved and production has started, changes may not be possible or may incur additional cost, which is communicated to the Customer in advance.

4. Conclusion of the sales contract

4.1. The Sales Contract is concluded after the Customer places an Order via the Order form in accordance with Section 2.

4.2. After the Order is placed, the Seller promptly confirms its receipt and acceptance for execution by e-mail. The Sales Contract is concluded when the Customer receives that confirmation.

4.3. The content of the concluded Sales Contract is secured and made available to the Customer by publishing these Rules in the online store and by sending the confirmation e-mail referred to in clause 4.2. The content is additionally recorded in the Seller’s IT system.

4.4. Orders may also be agreed outside the online store — by e-mail or messenger — where the Customer commissions a custom Product. In that case the specification, price, currency, delivery terms and payment method are agreed in correspondence and confirmed in the invoice or order confirmation issued by the Seller, and these Rules apply accordingly.

5. Prices, taxes and import charges

5.1. Prices in the online store are displayed in US dollars (USD). The Seller maintains bank accounts in several currencies and can settle an Order and issue the invoice in USD, EUR or PLN. The settlement currency is stated on the invoice or in the order confirmation. Business customers who require a specific currency, or settlement under the EU VAT reverse-charge mechanism, should contact the Seller at mail@42.show before placing the Order.

5.2. All prices shown in the online store are stated without taxes. The applicable VAT (if any), the cost of delivery and any other costs are calculated and shown to the Customer on the Order form, together with the final total, before the Customer confirms the Order.

5.3. VAT treatment. VAT is applied according to the destination and the Customer’s status:

• Export outside the European Union — supplies dispatched to a destination outside the EU are made at a 0% VAT rate (export of goods), subject to the Seller holding the required proof of export.
• Consumers within the European Union — the Seller charges VAT at the rate of the Customer’s EU country of destination, added to the net price at checkout.
• Businesses within the European Union holding a valid EU VAT number — where the conditions for an intra-Community supply are met, the goods are dispatched with 0% VAT and the Customer accounts for VAT in their own country under the reverse-charge mechanism.

5.4. Import duties, import VAT, GST and any other taxes, customs duties, clearance fees or charges connected with importing the Product into the destination country are borne by the Customer, unless expressly agreed otherwise when the Order is placed. The Seller has no control over such charges and cannot predict their amount; each country applies its own customs policy. The Customer may contact their local customs office in advance to clarify the details.

6. Payment methods and terms

6.1. The Seller offers the following payment methods:

• Przelewy24 — online payment processed by PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, Poland, including card payments and the other methods supported by the operator.
• PayPal — payment from a PayPal account or by card through PayPal.
• Online card payment processed through Revolut, the Seller’s payment provider. Cards issued by major banks are accepted.
• Bank transfer to one of the Seller’s accounts. The Seller holds accounts denominated in USD, EUR and PLN; the account and the currency applicable to a given Order are stated on the invoice.
• Payment link — for Orders agreed outside the online store (clause 4.4), the Seller may issue the Customer a personal payment link generated by one of the providers listed above.

6.2. Bank transfers should be made in the currency stated on the invoice. Sending a different currency may result in the payment being misrouted or in conversion costs for the Customer. Any bank or transfer fees are borne by the Customer; for international transfers please select shared or OUR charges so that the full invoiced amount is received.

6.3. When paying by bank transfer, an invoice is generated after the Order is placed. If the invoice is lost, the Customer may request a new one. Production and shipping begin only after full payment is received, unless the parties have agreed on staged payments for a given Order.

6.4. Where the Customer chooses card payment or bank transfer, payment must be made within 14 calendar days of conclusion of the Sales Contract, unless otherwise agreed for custom Orders.

6.5. Payment security. The Seller does not change its bank details by e-mail and never asks Customers to pay to a private account. If a Customer receives such a message, they should not act on it and should verify it with the Seller at mail@42.show or by WhatsApp at +48 665 486 586. Card details are entered directly on the payment provider’s page; the Seller does not receive or store card numbers.

7. Delivery

7.1. Delivery is available worldwide.

7.2. Delivery is paid by the Customer unless the Sales Contract provides otherwise. The cost depends on the weight of the parcel and the destination address, is added to the price of the Product, and is shown on the Order form before the Order is confirmed.

7.3. Delivery is carried out by EMS, DHL, UPS, FedEx and other carriers selected by the Seller at its discretion. A tracking number is provided for every shipment. EMS is typically the most economical option, with delivery up to about 14 days; express services are faster, typically 3–7 business days, but cost more.

7.4. Estimated delivery time is 1–35 business days depending on destination and carrier, counted from the date of dispatch. Delivery times are estimates and may be longer due to an invalid address, customs clearance or other circumstances beyond the Seller’s control. Time spent in customs is not included in the estimate.

7.5. Production time. Stock items are normally processed in 3–5 days after payment. Made-to-order Products are dispatched after 1–3 days of control testing; production time varies, on average 3–40 days, depending on availability of components, complexity, the chosen shipping option and production workload. For urgent orders, the Customer should contact the Seller before ordering.

7.6. The delivery and processing period is counted from the date the Seller’s account is credited with payment.

7.7. The Customer is responsible for providing a complete and accurate delivery address and any data required for customs clearance. If a parcel is returned, delayed, stored or destroyed by the carrier because of an incorrect or incomplete address, the Customer’s failure to collect it, or the Customer’s failure to pay import charges, the Customer bears the resulting costs, including the cost of re-shipment. Abandoned or unclaimed parcels are not refunded.

8. Receipt of the parcel and transport damage

8.1. For Customers who are not consumers, title to and risk in the Product pass upon handover of the Product to the carrier. For Consumers, the risk of accidental loss or damage passes only upon delivery of the Product to the Consumer or a person designated by them other than the carrier, in accordance with mandatory law. The Seller is not a carrier and is not liable for the acts or omissions of carriers beyond what mandatory law imposes.

8.2. On receipt, the Customer should inspect the parcel before accepting it. If the parcel shows visible signs of damage — crushing, tears, water, opened packaging — the Customer should record the damage at the moment of receipt (a damage report with the carrier, photographs and, where possible, video) and file a claim with the carrier.

8.3. If the Customer accepts a parcel bearing visible signs of damage without recording the damage and filing a claim with the carrier, and the Product is found to be damaged, the Seller may be unable to obtain compensation from the carrier and is entitled to refuse a refund or replacement, or to require the Customer to bear the cost of shipping the Product to the Seller and back. This clause does not limit the rights that mandatory consumer-protection law grants to Consumers.

8.4. For damage that is not visible from the outside of the parcel, the Customer should provide an unedited video of unpacking the parcel and of the initial switching-on of the Product, together with photographs. Transport-related damage should be reported within 3 days of receipt.

9. Product complaint and warranty

9.1. The basis and scope of the Seller’s liability for non-conformity of the Product are governed by mandatory law, in particular the Civil Code and the Consumer Rights Act. The Seller is obliged to deliver the Product without defects.

9.2. The Seller additionally provides a workmanship guarantee covering faults related to the original assembly or the original integrity of the components used, in particular short circuits caused by a fault during LED manufacturing, short circuits related to the quality of soldering, and transport-related damage including mechanical damage, subject to clause 8.4.

9.3. The guarantee does not cover mechanical, electrical or thermal damage to wires, diodes, soldering, insulation and the base; damage caused by improper use, storage or maintenance; normal wear of consumable accessories, for which a repair kit is supplied with applicable Products; or variations within normal manufacturing tolerances (clause 3.3).

9.4. A complaint may be submitted in writing to the address in clause 1.1 or by e-mail to mail@42.show, or, where e-mail is not possible, by WhatsApp text message to +48 665 486 586. The Customer should provide full information about the fault, its possible causes, how the Product was used, and photo or video evidence.

9.5. The complaint should describe the nature and date of the defect, the requested remedy — repair, replacement, price reduction or withdrawal — and the Customer’s contact details. The Seller responds no later than 14 calendar days from submission.

9.6. Until the cause of the fault is determined, the Customer bears the cost of transport and inspection of the Product. If the fault is covered by the guarantee, the Seller bears the cost of repair, including round-trip shipping. During repair the Seller may provide a replacement Product; transport costs of the replacement are borne by the Customer, who is responsible for its safe keeping.

9.7. Products sent for warranty handling or return are delivered to: SIARHEI VAITOVICH & SONS Sp. z o.o., ul. Wczasowa 17, 59-850 Świeradów-Zdrój, Poland. Please contact mail@42.show before dispatch to obtain a return reference number; parcels sent without prior notice may be refused by the carrier. Where a different address is required for a particular case, the Seller’s manager will provide it in writing.

10. Right of withdrawal and refunds

10.1. A Consumer who concludes a distance contract may, as a rule, withdraw within 14 calendar days without giving a reason, except in the cases excluded by law set out below.

10.2. Exclusion for custom-made Products and performed services. In accordance with Art. 16(a) and 16(c) of Directive 2011/83/EU and Art. 38(1) and (3) of the Consumer Rights Act, the right of withdrawal does not apply to contracts whose subject is a non-prefabricated Product manufactured to the Customer’s specification or serving to satisfy the Customer’s individual needs, nor to contracts for services fully performed with the Customer’s express prior consent and acknowledgment that, once performed, the right of withdrawal is lost. Since the Seller’s activity is custom manufacturing (Section 3), these exclusions apply to the majority of Orders.

10.3. Cancellation of a custom Order. Where the right of withdrawal does not apply but the Customer cancels a custom Order, the outcome follows the stage of performance:

• if the service has been performed or the Product completed, the Seller is entitled to refuse a refund;
• if the Product is still being made at the time of cancellation, the Seller refunds the unused part of the amount paid — the amount paid less the cost of work already carried out and materials or components already used or ordered for the Order, calculated in proportion to the work performed (Art. 35 of the Consumer Rights Act; Art. 14(3) and 16(a) of Directive 2011/83/EU).

10.4. Where a refund is due, it is made to the original payment source: card refunds go to the card used, bank-transfer refunds to the originating account. Card refunds are typically credited within 3–30 days of the refund being issued. If a payment was made by mistake, the Customer should contact their manager and the amount will be returned.

10.5. Where the right of withdrawal applies — that is, for standard, non-customised Products — the Consumer may withdraw within 14 days of receiving the Product by sending a statement to mail@42.show or in writing to the address in clause 9.7. A withdrawal form is available on the website; its use is optional and any unequivocal statement is valid. The Seller confirms receipt of every withdrawal statement by e-mail.

The Customer returns the Product within 14 days of submitting the statement and bears the direct cost of return. The Seller is entitled to withhold the refund until the Product has been received back or until the Customer supplies proof that it has been dispatched, whichever occurs first (Art. 32(3) of the Consumer Rights Act). The refund is made within 14 days of receipt of the withdrawal statement, using the same payment method, and covers the price together with the cost of the cheapest standard delivery method offered by the Seller.

10.6. Diminished value. The Consumer is entitled to examine the Product as they would in a shop — to unpack it, check the fit and switch on the electronics. The Consumer is liable for any reduction in the Product’s value resulting from use beyond that (Art. 34(4) of the Consumer Rights Act). For stage costumes, use at an event or performance, wear, soiling, odour, damaged or missing mirror elements, altered garments and removed labels reduce the value of the item, in some cases to nil; the corresponding amount is deducted from the refund. The Seller documents the condition of every returned Product on receipt by photograph.

10.7. For any returned Product, the Customer bears shipping costs both ways, the costs of payment-system commissions, which depend on the payment method and are confirmed by a manager, and any customs duties.

11. Customer obligations and chargebacks

11.1. The Customer warrants that the data provided — specification, shipping address, payment data — is accurate and complete, and is responsible for the consequences of incorrect data.

11.2. Before initiating a card chargeback or payment dispute, the Customer agrees to contact the Seller first in order to resolve the matter. Initiating a chargeback that contradicts these Rules, for example disputing a validly performed custom Order, is treated as a breach. The Seller reserves the right to provide payment providers and banks with the documentation of the Order, the agreed specification, and proof of performance and delivery, and to pursue recovery of sums and costs arising from unjustified chargebacks.

11.3. All designs, photographs, descriptions and other materials in the online store are the intellectual property of the Seller or its licensors and may not be copied or used without consent.

12. Limitation of liability and force majeure

12.1. Nothing in these Rules limits the Seller’s liability where such limitation is prohibited by mandatory law, in particular towards Consumers.

12.2. Towards Customers who are not consumers, the Seller’s total liability under a Sales Contract is limited to the price paid for the Product concerned, and the Seller is not liable for lost profits or indirect or consequential damage.

12.3. The Seller is not liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, war, strikes, carrier or customs delays, failures of payment systems, and acts of public authorities.

13. Out-of-court handling of complaints

13.1. A Customer who is a Consumer may use out-of-court methods of handling complaints and pursuing claims. Information is available from district and municipal consumer ombudsmen, the Trade Inspection and the Office of Competition and Consumer Protection (UOKiK):

• uokik.gov.pl — out-of-court dispute resolution
• uokik.gov.pl — important addresses

13.2. A Consumer may also seek information and assistance from the European Consumer Centre in their country of residence (eccnet.eu).

13.3. Use of out-of-court procedures is voluntary for both parties.

14. Final provisions

14.1. Contracts concluded via the online store are concluded in English and Polish.

14.2. In matters not covered by these Rules, generally applicable Polish law applies, in particular the Civil Code, the Act of 18 July 2002 on the provision of services by electronic means, and the Consumer Rights Act of 30 May 2014, together with applicable EU consumer-protection law including Directive 2011/83/EU. Mandatory consumer-protection provisions of the country of the Consumer’s habitual residence remain unaffected.

14.3. The Seller may amend these Rules for important reasons, in particular changes in law or in payment, delivery or technical conditions. For continuous services such as the Account, the amended Rules bind the Customer if they have been duly notified and have not terminated within 14 days. Amendments do not affect Orders already placed or contracts already concluded.

14.4. Any dispute will, where permitted by law, be subject to the jurisdiction of the Polish courts competent for the Seller’s registered office; this does not deprive a Consumer of the protection of mandatory provisions or of the courts having jurisdiction under such provisions.

15. Contact and related documents