Terms and Conditions

§1 General Provisions

  1. The Online Store operating at the URL https://whalehug.com/ (hereinafter referred to as the “Store”) is owned and operated by: WYOLA Aleksandra Wyporkiewicz, a sole proprietorship registered under the laws of the Republic of Poland, with its registered business address at Ferdynanda Magellana 37/6, 51-505 Wrocław, Poland, registered in the Central Register and Information on Economic Activity (CEIDG), holding Tax Identification Number (NIP): 8971724495, and email: contact@whalehug.com (hereinafter referred to as the “Seller”).
  2. These Terms and Conditions define the rules, technical requirements, and legal conditions for using the Store, placing orders, concluding sales contracts, and resolving disputes between the Seller and Customers.
  3. For the purposes of these Terms and Conditions:

    a) “Consumer” refers to any natural person concluding a distance contract through the Store for purposes outside their trade, business, craft, or profession.

    b) “Customer” refers to any individual, legal entity, or organizational unit concluding a sales contract with the Store.

§2 Order Placement and Product Classification

  1. The Store sells physical products (apparel and ocean-themed gadgets) produced utilizing a Print-on-Demand (POD) system. For legal and contractual purposes, products are classified into two distinct categories:

    a) “Standard On-Demand Products” – Goods featuring pre-designed graphics from the Store’s catalog where the Customer selects only standard, predefined sizes, colors, or base models from the storefront dropdown menus.

    b) “Personalized Products” – Goods customized according to the Customer’s unique specifications, including custom-uploaded graphics, custom text, names, or bespoke modifications.
  2. Placing an order requires the Customer’s explicit acceptance of these Terms and Conditions and the Privacy Policy.
  3. The Customer is responsible for providing complete, accurate, and current delivery and contact details. The Seller shall not be liable for delivery failures, delays, or returned shipments resulting from incorrect, incomplete, or invalid address details provided by the Customer. Any reshipment costs incurred due to incorrect address information shall be borne fully by the Customer.

§3 Pricing and Payment Methods

  1. All prices displayed in the Store are gross prices, inclusive of applicable Value-Added Tax (VAT) in accordance with the destination country of the shipment and the EU-wide One Stop Shop (OSS) regulations.
  2. Delivery costs are calculated dynamically based on weight and destination and are clearly displayed to the Customer during the checkout process before the final order confirmation.
  3. Available payment methods include secure credit/debit card processing, instant bank transfers, and integrated digital payment providers.
  4. The Seller does not use pre-checked boxes, hidden fees, or default options for additional paid goods or services during checkout.

§4 Production and Delivery

  1. Standard order processing and production at the regional European fulfillment facilities take between 2 to 5 business days.
  2. Estimated delivery times (EDT) depend on the destination country and are specified on our dedicated Shipping Page and during checkout.
  3. The Seller is legally obligated to deliver physical goods without undue delay and no later than 30 calendar days from the date of contract conclusion.

§5 Right of Withdrawal (Returns)

  1. In accordance with Directive 2011/83/EU, Consumers residing within the European Union, the European Economic Area (EEA), and the United Kingdom have the statutory right to withdraw from a sales contract within 14 calendar days from the date on which they (or a designated third party other than the carrier) acquire physical possession of the goods, without giving any reason.
  2. Exclusion of the Right of Withdrawal: Under Article 16(c) of Directive 2011/83/EU, the right of withdrawal does not apply to the supply of Personalized Products (as defined in §2(1)(b) of these Terms), which are manufactured to the Consumer’s unique specifications or clearly personalized. Standard On-Demand Products (as defined in §2(1)(a)) are fully eligible for the 14-day right of withdrawal.
  3. To exercise the right of withdrawal, the Consumer must submit an unequivocal statement of withdrawal within the 14-day window:

    a) Electronic Withdrawal Function – By utilizing the digital “Withdraw from Contract Here” button located in the footer or the customer account area of the Store, completing the form, and clicking the final “Confirm Withdrawal” confirmation button.

    b) Email Notification: By sending a clear written notification to contact@whalehug.com using the template provided in our Returns Policy.
  4. The Consumer must return the goods in an unused, undamaged condition, with all original tags attached, to the correct warehouse address indicated on the shipping documents (either Latvia or Spain). The Consumer must contact contact@whalehug.com prior to return shipping to confirm the correct return address.
  5. The Consumer shall bear the direct costs of returning the goods.
  6. The Seller shall refund all payments received from the Consumer, including standard delivery costs (excluding any additional costs resulting from the Consumer choosing an express delivery option), within 14 days of receiving the withdrawal notice. The Seller may withhold the refund until the returned goods have been physically received and inspected, or until the Consumer provides verifiable proof of return shipping, whichever occurs first.

§6 Complaints and Legal Guarantee of Conformity

  1. The Seller is under a statutory duty to deliver goods that conform with the sales contract. Under Directive (EU) 2019/771, Consumers benefit from a mandatory two-year legal guarantee of conformity for all physical goods.
  2. Complaints regarding defective, damaged, or non-conforming items must be submitted via email to contact@whalehug.com, including the order number, a detailed description of the issue, and clear photographic or video evidence of the defect or damage.
  3. The Seller shall assess and respond to the complaint within 14 calendar days of receipt.
  4. If a complaint is accepted, the Consumer is entitled to choose one of the following remedies:

    a) Free replacement or repair of the non-conforming product (all logistics and shipping costs covered in full by the Seller).

    b) A proportional price reduction or a full refund, if repair or replacement is impossible, disproportionate, or has failed to cure the defect.

§7 Governing Law and Dispute Resolution

  1. These Terms and Conditions and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Poland, without prejudice to any mandatory local consumer protection rules in force in the Consumer’s country of habitual residence.
  2. Consumers may seek out-of-court dispute resolution through their local National Consumer Protection Authorities or authorized Alternative Dispute Resolution (ADR) bodies.

§8 Final Provisions

  1. These Terms and Conditions are valid from June 1, 2026.
  2. If any provision of these Terms is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.