These Terms have been drafted in Polish. The English version is provided for convenience only. In the event of any discrepancy between language versions, the Polish version shall prevail.
§1. General provisions
These Terms (the "Terms") set out the rules and conditions for the provision of electronic services and the conclusion of sales contracts via the brzusio.pl mobile application and website (the "App").
The Seller and operator of the App is:
Creative Industries Mateusz Ziemniewicz
ul. Boksytowa 24, 91-360 Łódź, Poland
Tax identification number (NIP): 9471933368
Telephone: +48 792 004 004
Contact e-mail: kontakt@brzusio.pl
Complaints e-mail: reklamacje@brzusio.pl
Data protection e-mail: rodo@brzusio.pl(the "Seller").
Only natural persons with full legal capacity who have reached 18 years of age may use the App as Customers. The Seller does not provide services to persons under 18 years of age.
Acceptance of the Terms is voluntary but required to create an account in the App and place an Order. By accepting the Terms, the Customer confirms that they have read, understood and accepted all of their provisions.
The governing language of these Terms is Polish.
§2. Definitions
The following terms have the meanings set out below:
App – the brzusio.pl mobile application and website through which the Seller provides services and conducts sales.
Customer – a natural person meeting the conditions of §1(3) who has concluded or intends to conclude an Agreement.
Consumer – a natural person performing a legal act with the Seller not directly related to their business or professional activity, within the meaning of Article 22¹ of the Polish Civil Code.
Account – the Customer's individual profile in the App, secured by a password or external authentication.
Scan – a digital set of photographs of the Customer's body taken in the App, used to generate a 3D Model.
3D Model – a digital three-dimensional model generated from the Scan using the services of the 3D generation provider identified in the Privacy Policy.
Product – a hand-made figurine constituting the physical materialisation of the 3D Model, designed and finished individually by the Seller for a specific Customer.
Order – a Customer's declaration of will aimed at concluding an Agreement for the sale of a Product, submitted via the App.
Agreement – the contract for the sale of the Product concluded between the Seller and the Customer under these Terms.
Price – the Product's price expressed in Polish zloty (PLN), inclusive of value added tax (VAT) at the rate of 23%.
Payment Operator – Stripe Payments Europe Ltd. with its registered office in Dublin, Ireland, providing payment services for the App.
Polish Civil Code – the Polish Act of 23 April 1964 – Civil Code.
UPK – the Polish Act of 30 May 2014 on Consumer Rights.
GDPR – 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.
§3. Technical requirements and rules of use
Use of the App requires: a mobile device running iOS in the current version or one previous version, or Android 8.0 (Oreo) or newer; access to the Internet; an active e-mail account.
The Seller endeavours to keep the App available at all times. The Seller reserves the right to schedule technical interruptions necessary for the maintenance, update or security of the App, of which advance notice will be given where reasonably possible.
The Customer undertakes to use the App in accordance with the law, good practices and these Terms, in particular:
a) not to provide unlawful content,
b) not to perform Scans of persons whose image they have no right to use,
c) not to take any action aimed at disrupting the operation of the App,
d) not to interfere with content generated by the App for other Customers.
§4. Registration and Account
Creating an Account is free and requires: providing an e-mail address, setting a password or using external authentication (e.g. Apple Sign In, Google Sign In or other authentication providers) – within the scope made available by the Seller in the App, accepting the Terms, accepting the Privacy Policy, and granting the separate consent referred to in §15(3).
The Customer is required to provide true and current data. In the event of a change of data, the Customer should update their data without undue delay in the Account settings.
The Customer is required to keep their Account password confidential. The Seller is not liable for damages resulting from the disclosure of the password to third parties through the fault of the Customer.
The Customer may delete the Account at any time using the "Delete account" function available in the App settings. The consequences of Account deletion for personal data are described in the Privacy Policy. Deletion of the Account does not affect the Seller's obligation to perform Orders in progress nor the obligation to retain accounting documentation as required by law.
§5. Placing Orders
Placing an Order takes place in the following steps:
a) performing a Scan in accordance with the instructions in the App,
b) generation of a 3D Model preview,
c) selection of Product parameters (size, material, finish, optional add-ons),
d) provision of the delivery address and invoice details,
e) selection of the shipping method (courier or parcel locker) and payment of the shipping cost,
f) selection of the processing mode (standard queue or priority processing for a surcharge) and review of the estimated processing time for the selected mode,
g) confirmation of the acknowledgement of the exclusion of the right of withdrawal (§10),
h) confirmation of the Order and payment,
i) receipt of an e-mail confirming acceptance of the Order for processing.An Order placed by the Customer constitutes an offer to conclude the Agreement. The Agreement is concluded upon the Seller sending an e-mail confirming acceptance of the Order for processing.
By placing an Order, the Customer represents that the Scan depicts the Customer or a person whose written consent for the use of their image for the purpose of producing the Product the Customer holds. The Seller may, in justified cases, request documentation of such consent.
The Seller reserves the right to refuse to process an Order in the following cases:
a) technical impossibility of generating a 3D Model from the Scan with quality permitting Product manufacture,
b) the Customer's breach of the Terms,
c) reasonable suspicion that the Scan contains content infringing the rights of third parties or unlawful content,
d) provision of false data by the Customer.In the event of refusal, the Seller shall promptly refund the full amount paid by the Customer.
Nature of the 3D Model and of the preview in the App. The 3D Model is produced by automated processing of the Scan by an external artificial intelligence service, identified by name in the Privacy Policy (§8.2.3). By placing an Order, the Customer acknowledges that:
a) the 3D Model constitutes a technical approximation of the silhouette captured in the Scan, and not a metric or portrait reproduction of it,
b) the result of generation depends on the quality of the Scan — lighting, sharpness, completeness of the shots and close-fitting clothing — and where necessary requires the Scan to be repeated,
c) the 3D Model preview presented in the App illustrates the expected shape of the Product and does not constitute an assurance as to any particular degree of likeness within the meaning of the provisions on conformity of goods with the contract,
d) the generation service provider grants the Seller no warranty as to generation results; this circumstance is without prejudice to the Customer's rights against the Seller, in particular those under §11.Verification of the 3D Model before production. Before production begins, the Seller verifies the 3D Model. If the quality of the 3D Model does not permit the Product to be made, the Seller contacts the Customer and offers:
a) a repeat Scan at no additional charge,
b) manual preparation of the 3D Model by the Seller — subject to the Customer's separate consent, or
c) withdrawal from performance of the Order under paragraph 4, with a refund of the full amount paid.The choice among the above rests with the Customer. Until that choice is made, the estimated processing time (§7) is suspended.
§6. Prices and payments
All Prices presented in the App are expressed in Polish zloty (PLN) and include VAT at the rate of 23%. The Seller is an active VAT taxpayer.
The Seller may make payment available in selected foreign currencies via the Payment Operator. Currency conversion is performed at the Payment Operator's exchange rate applicable at the time of the transaction. The final amount payable in the chosen currency is presented to the Customer before payment confirmation.
Payment is made via the Payment Operator. The Seller does not store Customer payment card data. The Payment Operator's terms and privacy policy govern the processing of payment data by the Payment Operator.
A VAT invoice is issued for each Order. The invoice is sent to the e-mail address provided in the Order, in PDF format, within 7 days of Order fulfilment. The Customer consents to receiving invoices in electronic form.
The total amount payable consists of the following elements, each presented separately before payment:
a) the Product Price,
b) the shipping cost – depending solely on the selected shipping method (§9),
c) the priority processing surcharge – only where the Customer has selected that mode (§7(2)(b)).The elements referred to in points (b) and (c) are not included in the Product Price. The shipping cost and the priority processing surcharge are independent of one another — selecting one neither conditions nor changes the other.
The Seller may make available promotional codes and discounts on the terms set out in separate regulations or notices in the App.
§7. Order processing
The Product is an artistic handcrafted item produced individually by the Seller. For this reason, processing time is dynamic and depends on the number of Orders currently in production.
When placing an Order, the Customer selects one of two processing modes:
a) standard queue – the Order is processed in the order of receipt, and the estimated processing time depends on the number of Orders currently in production. The Seller endeavours to keep within the estimated processing time;
b) priority processing – for the surcharge indicated in the App, the Order is processed out of turn and the Seller undertakes to dispatch the shipment within 10 working days counted from the date of payment clearance.The estimated processing time for the selected mode is presented to the Customer in the App before Order confirmation. The processing mode concerns only the order and deadline of making the Product — it does not affect the method or time of delivery of the shipment by the carrier (§9).
The current Order status is presented to the Customer in the App on an ongoing basis. Statuses include in particular:
a) "Pending" – Order placed, awaiting commencement of production,
b) "In production" – Product manufacture has commenced,
c) "Ready to ship" – Product completed, awaiting shipment,
d) "Shipped" – Product dispatched to the Customer with a tracking number,
e) "Delivered" – Product collected by the Customer or released at the parcel locker.Each Product bears an individual serial number and a certificate of authenticity signed by the Seller. The certificate confirms that the Product is a unique handcrafted work, produced exclusively for the Customer based on their Scan and in accordance with their specifications.
If the deadline referred to in paragraph 2(b) is missed for reasons attributable to the Seller, the Customer is entitled to a refund of the priority processing surcharge, made without a separate demand within 14 days of the expiry of that deadline. This neither excludes nor limits the Customer's other rights, in particular those under paragraph 6 and §11.
The maximum Order processing time (from the date of payment clearance to dispatch of the shipment) is 90 days, unless the Seller and the Customer have individually agreed on a longer period. If the maximum period is exceeded for reasons attributable to the Seller, the Customer is entitled to call upon the Seller to dispatch the shipment within an additional period and, if such additional period elapses without dispatch, to withdraw from the Agreement and obtain a full refund.
§8. Cancellation of an Order by the Customer
The Customer may cancel an Order at any time as long as the Order status has not changed to "In production". The cancellation function is available in the Order details view in the App.
In the event of cancellation by the Customer before commencement of production, the Seller shall refund the full amount paid (Product Price together with the shipping cost and any priority processing surcharge) within 14 days of cancellation, to the bank account or card used for payment.
A change of Order status to "In production" indicates the start of production of the Product personalised to the Customer's specifications. Due to the nature of the Product (§10), cancellation of an Order after this point is not possible, subject to the Consumer's rights under §7(5) (missing the priority processing deadline), §7(6) (exceeding the maximum processing time) and §11 (consumer warranty).
The Seller may cancel an Order on the grounds set out in §5(4), refunding the full amount paid within 14 days of cancellation.
§9. Delivery
The Seller offers two shipping methods for the Product:
a) courier – courier shipment delivered to the address provided by the Customer,
b) parcel locker – shipment deposited in the parcel locker selected by the Customer.The choice of shipping method and its cost are presented at the Order placement stage. The shipping cost depends solely on the selected shipping method and is independent of the selected processing mode (§7(2)).
Delivery is made within the territory of the Republic of Poland, unless the Seller expressly makes another territorial option available in the App.
The risk of accidental loss or damage of the Product passes to the Consumer upon delivery of the Product to the Consumer, in accordance with Article 548 of the Polish Civil Code. For Customers who are not Consumers, the risk passes upon release of the Product to the carrier.
The Customer is required to inspect the shipment upon receipt. If visible damage is found, the Customer should draw up a damage report in the courier's presence or promptly notify the parcel locker operator, and then contact the Seller in accordance with the complaints procedure (§11(6)). Lack of a damage report does not deprive the Consumer of warranty rights.
§10. Exclusion of the right of withdrawal from the agreement
THE CONSUMER IS NOT ENTITLED TO THE RIGHT OF WITHDRAWAL from a distance contract referred to in Article 27 of the UPK with respect to the Product.
The exclusion arises from Article 38(3) of the UPK, under which the right of withdrawal from a distance contract does not apply to a consumer with respect to contracts in which the subject of performance is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individualised needs.
Each Product:
a) is manufactured individually after the Order is placed, and is not produced or held in stock,
b) is based on a unique Scan of a specific person, which cannot be repeated or resold to another customer,
c) is adapted to the individual parameters chosen by the Customer (size, material, finish),
d) bears an individual serial number and a certificate of authenticity issued in the Customer's name,
e) constitutes an artistic handcrafted work, made by hand by the Seller,and therefore meets the conditions of an item manufactured according to the consumer's specifications and serving to satisfy their individualised needs.
The Customer is informed of the exclusion of the right of withdrawal before placing an Order through:
a) the presentation of the relevant information on the Order summary screen,
b) a separate confirmation ("checkbox") of acceptance of the exclusion of the right of withdrawal,
c) reference to this paragraph of the Terms.The provisions of this paragraph do not exclude or limit the Consumer's rights under the consumer warranty (§11) or other rights arising from mandatory provisions of law.
§11. Consumer warranty and complaints
The Seller is liable to the Consumer for the non-conformity of the Product with the Agreement on the principles set out in the UPK, in particular in its Chapter 5a (in the wording in force from 1 January 2023).
The Seller is liable for non-conformity of the Product with the Agreement existing at the time of delivery and revealed within 2 years of its delivery.
Non-conformity of the Product with the Agreement which becomes apparent within 2 years of delivery is presumed to have existed at the time of delivery, unless the Seller proves otherwise or this presumption cannot be reconciled with the specific nature of the Product or the nature of the non-conformity.
In the event of non-conformity of the Product with the Agreement, the Consumer may demand:
a) repair of the Product, or
b) replacement of the Product with a new one conforming to the Agreement.The Seller carries out the repair or replacement within a reasonable time, not exceeding 30 days from receipt of the demand, without undue inconvenience to the Consumer. Given the handcrafted nature of the Product, "replacement" means the production of a new copy in accordance with the original specifications.
If repair or replacement is impossible or would entail excessive costs for the Seller, or the Seller has not carried it out within the deadline, or repair or replacement is ineffective, the Consumer may:
a) submit a declaration on price reduction – proportionate to the reduction in the Product's value, or
b) withdraw from the Agreement, if the non-conformity is material.Complaints procedure:
a) The Consumer submits a complaint by e-mail to reklamacje@brzusio.pl or in writing to the Seller's address indicated in §1(2),
b) the complaint should contain: name and surname, Order number, description of the non-conformity, photographic documentation (if applicable) and the Consumer's demand (repair, replacement, price reduction, withdrawal),
c) the Seller examines the complaint within 14 days of receipt and informs the Consumer of the manner of its resolution,
d) failure of the Seller to respond within 14 days is deemed acceptance of the complaint to the extent of the demand made.If a complaint is upheld, the costs of shipping the complained-of Product to the Seller and returning the Product after repair or replacement are borne by the Seller.
Due to the handcrafted nature of the Product, minor individual differences in texture, colour or finish from the displayed preview do not constitute non-conformity with the Agreement, but are a natural feature of an item made by hand and unique to each piece.
§12. Out-of-court dispute resolution
The Seller informs the Consumer of the possibility of using out-of-court methods of complaint handling and pursuit of claims.
In particular, the Consumer may:
a) use mediation conducted by the Voivodship Inspectorates of Trade Inspection (information: https://www.uokik.gov.pl),
b) apply to the permanent amicable consumer court at the Voivodship Inspectorate of Trade Inspection,
c) request free legal aid from the municipal or district consumer ombudsman.The use of out-of-court methods of complaint handling and pursuit of claims is voluntary and requires the consent of both parties to the dispute.
§13. Intellectual property
All copyright in the Product as a handcrafted work and in the 3D Model, including in the design, form, texture, finish and all creative elements, belongs to the Seller as the author and producer.
The Customer acquires, together with the Product, the right to personal use of the Product as a memento. The Customer does not acquire economic copyright in the 3D Model nor the right to reproduce, copy, sell or commercially exploit the Product or the 3D Model.
The Customer retains all rights to their own image captured in the Scan. The Customer may at any time demand the deletion of the Scan and 3D Model from the Seller's systems in accordance with the Privacy Policy, subject to the proviso that such request does not affect the Seller's obligation to complete Orders in progress.
The Seller does not use Customers' Scans or 3D Models for marketing, promotional, portfolio or any other purposes not directly related to the fulfilment of the Customer's Order. Scans and 3D Models are shared exclusively with the sub-processors identified in the Privacy Policy and only to the extent necessary to provide the service (3D Model generation, hosting, payment processing, shipping). Scans and 3D Models are not made publicly available or shared with third parties for any other purpose.
The App, its graphic elements, source code, trademarks and the name "brzusio" are protected by law and constitute the property of the Seller or its licensors. Use thereof without the Seller's consent is prohibited.
§14. Liability
The Seller is liable to the Consumer on the general principles of the Polish Civil Code and the UPK, in particular under the consumer warranty.
The Seller is not liable to a Customer who is not a Consumer for:
a) the consequences of the Customer providing untrue or incomplete data,
b) unavailability of the App resulting from causes beyond the Seller's control (force majeure, telecommunications infrastructure failures, actions of external service providers in respect of which the Seller is not at fault),
c) loss of passwords or failure to secure the Account through the fault of the Customer.The provisions of paragraph 2 do not exclude or limit the Seller's liability to the extent that such liability arises from mandatory provisions of law, in particular under the consumer warranty and liability for damage caused intentionally or by gross negligence.
§15. Personal data
The controller of Customers' personal data is the Seller indicated in §1(2).
Detailed rules of personal data processing, including the rules of processing photographs revealing health status (pregnancy), which constitute special category data within the meaning of Article 9 GDPR, are set out in the Privacy Policy, available on the brzusio.pl website and in the App under the "Privacy policy" tab.
Placing an Order which includes processing of a Scan requires prior review of the Privacy Policy and the granting of separate, explicit consent to the processing of photographs revealing health status for the purpose of generating a 3D Model and producing the Product.
Generating the 3D Model involves transferring the Scan to an artificial intelligence service provider established outside the European Economic Area. That transfer takes place solely on the basis of the Customer's separate consent, given after having been informed of the associated risks, described in §9(3) of the Privacy Policy. Consent is voluntary and may be withdrawn at any time; withholding it makes only the automated generation of the 3D Model impossible.
§16. Changes to the Terms
The Seller reserves the right to amend these Terms for important reasons, in particular in the event of:
a) changes to the law affecting the content of the Terms,
b) changes in the manner of providing services, including changes to external sub-processors,
c) changes to the technical conditions of the App,
d) extension of the Product or service offering.The Customer is informed of changes to the Terms at least 14 days in advance by:
a) e-mail sent to the address indicated in the Account,
b) notification within the App.The Customer has the right not to accept the new version of the Terms and may then terminate the agreement on the provision of electronic services by deleting the Account. Orders placed before the new version takes effect are processed under the Terms applicable on the date of their placement.
The lack of a declaration of non-acceptance of the new version of the Terms and continued use of the App after the changes take effect indicates acceptance of the new Terms.
§17. Final provisions
Matters not regulated by these Terms are governed by Polish law, in particular:
a) the Polish Civil Code,
b) the Act of 30 May 2014 on Consumer Rights,
c) the Act of 18 July 2002 on the Provision of Electronic Services,
d) the GDPR and the Polish Act of 10 May 2018 on the Protection of Personal Data.Disputes arising from the Agreement involving a Consumer shall be settled by the court having jurisdiction in accordance with the provisions of the Polish Code of Civil Procedure, in particular Article 31 et seq. (including the possibility of bringing an action before the court having jurisdiction over the Consumer's place of residence). Disputes involving a Customer who is not a Consumer shall be settled by the court having jurisdiction over the Seller's registered office.
The provisions of these Terms do not exclude or limit the Consumer's rights arising from mandatory provisions of Polish law. In the event of any inconsistency between the provisions of these Terms and such mandatory provisions, the mandatory provisions shall prevail.
These Terms enter into force on 8 August 2026.
Version history:
Version 1.0 (in force from 29 April 2026) — first version of the Terms.
Version 2.0 (in force from 8 August 2026) — addition of §5(5)–(6) (nature of the 3D Model, verification before production); addition of §15(4) (transfer of the Scan outside the EEA); separation of the shipping cost from the priority processing surcharge (§5(1), §6(5), §7(2), §9) together with the 10-working-day deadline and refund of the surcharge if it is missed (§7(5)); addition of the Seller's telephone number to the contact details (§1(2)); removal of the reference to the ODR platform, which has ceased operating (§12(2)); links to the Privacy Policy; correction of the cross-reference in the footer.
These Terms have been drafted in Polish. The English version, available at brzusio.pl/legal/en/regulamin and in the "Terms of sale" tab in the App, is provided for convenience only. In the event of any discrepancy between language versions, the Polish version shall prevail.
Related document: Privacy Policy.