Terms and conditions

of19-10-2022

REGULATIONS OF THE ONLINE STORE

The online store www.kidsciuch.pl run by the company Kidsciuch., with its registered office in Dąbrowa Chełmińska at Chełmińska 1,86-070 Dąbrowa Chełmińska , entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000000000, for which registration files are kept by the District Court for Łódź-Śródmieście, XX Commercial Division of the National Court Register, NIP 729-011-06-62, share capital: PLN 4,353,795.40 (paid in full).

The regulations of the online store define the general conditions, rules and method of sale conducted by the Kidsciuch company with its registered office in Dąbrowa Chełminska, via the www.kidsciuch.pl online store (hereinafter referred to as: "Store").

Definitions

§1

In these Regulations, hereinafter referred to as the "Regulations", the following terms should be discussed:

"Seller" – KIdsciuch ., with its registered office in the company Kidsciuch., with its registered office in Dąbrowa Chełmińska at Chełmińska 1,86-070 Dąbrowa Chełmińska , entered into the Register of Entrepreneurs of the National Court Register under KRS number 00000000, for which registration files are kept by the District Court for Łódź-Śródmieście, XX Commercial Division of the National Court Register, NIP 000-00-00-00, share capital: PLN 3,553,795.40 (paid in full),

"Store" - an online store located on the http://www.kidsciuch.pl website and its subpages,

"Customer" – means an entity for which, in accordance with the Regulations and legal regulations, services may be provided electronically or with which a Sales Agreement may be concluded

"Account" – the Customer's account created by him in the Store in accordance with the rules set out in the Regulations, means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered.

"Registration" - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.

"Consumer" – a person defined in the provision of art. 221 of the Civil Code, i.e. a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.

"Policy" – Privacy Policy, which can be found at this address https://www.kidsciuch.pl/pl/content/5-polityka-prywatnosci

"Delivery" - means the actual act consisting in the delivery to the Customer by the Seller, through the Supplier, of the Goods specified in the order.

"Supplier" - means the entity with which the Seller cooperates in the scope of Delivery of Goods.

"Working days" - means the days of the week from Monday to Friday excluding public holidays

"Sales Agreement" - means a distance sales contract, on the terms set out in the Regulations, between the Customer and the Seller.

"Goods" - means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.

"Login" - means an individual designation of the Customer, determined by him, consisting of a string of letters, digits or other, required together with a password to set up a Customer Account in the Online Store.

"Regulations" - means these regulations

General

§2

The Regulations define the rules for the provision of electronic services by the Seller to Customers consisting in enabling them to create their Account in the Store free of charge, and then conclude Online Sales Agreements for Goods included in the Store's assortment for the prices given on the relevant subpages of the Store.

§3

The content presented on the Store's websites, in particular announcements, advertisements, price lists and other information, is not a commercial offer within the meaning of art. 66 and 661 of the Civil Code, but an invitation to submit offers.
In connection with the above, the Store may change the prices of the Goods posted on the Store's website, with the proviso that these changes do not affect the content of previously concluded Sales Agreements.

§4

The prices of the Goods included in the Store's assortment are expressed in Polish zlotys and include VAT. The Seller may modify the Store's assortment, carry out and cancel promotional campaigns, as well as grant discount codes that have a specific validity period.
The prices of the Goods given in the Store do not include shipping costs or payment handling costs.
Discounts introduced as part of promotional campaigns do not add up with other promotions.

§5

Browsing the assortment of the kidsfashion.pl Store and placing orders by the Customer for Goods included in the Store's assortment does not require registration, although registration is recommended in order to improve the process of ordering Goods and enable the Customer to use additional, intended only for registered Customers, functionalities of the Store.
The registration procedure in the Store is described in further provisions of the Regulations.

§6

The store executes orders in the Polish.

§7

To use the Store, it is not necessary to meet special technical conditions by the Customer's computer or other end device (e.g. smartphone, tablet). It is sufficient: access to the Internet, having an e-mail address and a standard operating system and a web browser.
For proper use of the Store, it is required to enable cookies in the web browser. It is then possible to delete them through the appropriate options available in the web browser or other software. Detailed information on cookies is contained in the Privacy Policy available on the Store's website.
It is forbidden for the Customer to provide illegal content and the Customer to use the Online Store, the Store Website or free services provided by the Seller in a manner contrary to the law, decency or violating the personal rights of third parties.
The Customer is entitled and obliged to use the Online Store kidsfashion.pl in accordance with its intended purpose.

Creating an Account in the Store

§8

An account in the Store may be created by: natural persons with full legal capacity (i.e. adults without incapacitation or persons who have gained adulthood through marriage), legal persons or organizational units without legal personality, to whom the law grants legal capacity.

§9

A person wishing to conclude an agreement with the Seller for creating an Account in the Store should click on the "Register" tab located at the top of each of the websites that make up the Store. The form contained there is the Seller's offer addressed to the future Customer regarding the conclusion of an agreement on opening an Account in the Store.
Then fill out the above form and provide in it: username, e-mail address and password that will be used to log in to the Store.
To send the form and complete the registration procedure in the Store, it is necessary to accept the Regulations and Privacy Policy. Expressing consent to the processing of personal data for marketing purposes and to sending commercial information is voluntary and is not necessary to conclude a contract for setting up an Account in the Store.
Clicking the "Register" button sends the registration form and is tantamount to accepting the Seller's offer. At this moment, a contract for setting up an Account in the Store is concluded between the Seller and the person who completed the registration form.
After the conclusion of the contract, in accordance with the provisions of the above paragraph, the Seller sends to the Customer, to the e-mail address provided by him, a message confirming the creation of an Account in the Store.

§10

Creating an Account in the Store is also possible in the process of placing an order. For this purpose, the Customer should complete the form constituting the Seller's offer addressed to the future Customer regarding the conclusion of a contract for opening an Account in the Store.
Clicking the "Register and order" button sends the registration form and is tantamount to accepting the Seller's offer. At this moment, a contract for setting up an Account in the Store is concluded between the Seller and the person who completed the registration form.
The provisions of § 9 shall apply mutatis mutandis.

§11

If the Customer is a Consumer, then he has the right to withdraw, without giving reasons, from the contract for opening an Account within 14 days from the date of its conclusion, i.e. from the date when the event described in § 9 section 4 or § 10 paragraph 2 of the Regulations occurred.
The provisions of § 21 clauses 2-4 shall apply mutatis mutandis.

§12

After creating an Account and logging in to it, the Customer has the option of: tracking the status of the order and updating their data provided when creating the Account.

§12

Registration in the Store, as well as the use of the Store's functionalities are free of charge. After registering in the Online Store kidsfashion.pl each login takes place using the data provided in the registration form

Placing and accepting an order

§13

The sale of Goods takes place on the basis of orders placed through the Store.
Orders can be placed through the Store's website 7 days a week, 24 hours a day.

§14

Prices in the Store are valid only in the online offer and are not subject to additional discounts that may apply in other distribution channels of the Seller.

§15

In order to conclude a sales contract with the Seller, the Customer selects Goods in the Store by clicking the "Add to cart" icon. The Goods in the basket are not yet ordered and the Customer has the option of adding further Goods to the basket, removing the Goods contained therein, as well as resigning from making purchases.
After adding the Goods to the basket, the Customer has the option of changing the amount of Goods he wants to buy in the Store by changing the appropriate box in the basket. The Goods displayed in the basket together with their quantity and prices constitute an offer of their purchase submitted to the Customer by the Seller.
After adding to the basket all the Goods that the Customer wants to order, you must choose the method of payment and delivery, which are described in the provision of the paragraph below. In the displayed fields, it is necessary to provide the data necessary for the delivery and for issuing an invoice, if they are different from the data provided when creating an Account in the Store. If the Customer has a discount code, then he can also enter it in the appropriate box. At this stage of placing an order, you should also check its correctness and confirm. Clicking the "Order with the obligation to pay" button is tantamount to accepting the offer made by the Seller to the Customer to purchase the Goods indicated in the order and leads to the conclusion of a Sales Agreement between the Customer and the Seller. After placing an order, the Seller sends a confirmation of its acceptance to the e-mail address provided by the Customer. Information on the confirmation of acceptance of the order is the Seller's statement of acceptance of the offer.
The Customer chooses the method of payment and delivery of the Goods. The following payment methods are available: cash on delivery (in this case, please have a deducted amount on delivery, as the courier does not always have cash with him), electronic transfer, bank transfer and credit card. The customer who has chosen the payment option by bank transfer is obliged to pay the fee for the order placed within 3 business days from the date of placing the order. Otherwise, the order is removed from the system. It is possible to extend the payment deadline by prior arrangement with the kidsfashion.pl Store staff. The following delivery methods remain available to the Customer: via Polish Post, courier, Inpost parcel locker or personal collection in selected locations. The costs related to the payment and delivery of the Goods shall be borne by the Customer, however, the Seller may set a specific threshold of the value of purchases, after which the Customer will cover these costs by the Seller. The costs associated with delivery and the method of payment are displayed before the Customer submits a statement of acceptance of the Seller's offer regarding the purchase of Goods contained in the basket.
After the conclusion of the contract in accordance with the provisions of paragraph 3 of this paragraph, the Seller or his authorized representative may contact the Customer in the event that the proper implementation of the concluded contract requires further arrangements or the ordered Goods were not currently in the Store's warehouse. In the absence of the Goods in stock, the Customer may: resign from the order in its entirety, agree to partial execution of the order, resigning from the remaining part of it or agree to extend the time of order fulfillment, if the Goods are still available at a later time. In the case of execution of the order or part thereof, the corresponding part of the price paid will be refunded. If it is not possible to contact the Customer, the Store may partially complete the order or cancel it in its entirety by informing the Customer by e-mail.
The Customer may modify his order by contacting the Customer Service Office biuro@kidsciuch.pl) until the invoice is issued, including resignation. The expiry of the deadline to withdraw from the order does not affect the Consumer's right to withdraw from a distance contract.

§16

A VAT invoice is issued for the order, which is sent together with the shipment. Therefore, the Customer is obliged to provide true and up-to-date data needed, in accordance with applicable law, to issue it.

§17

The seller will start processing the order:

in the case of cash payment on delivery of the order, its implementation will begin after the Customer places the order,
in the case of payment by electronic transfer or credit card, the order will be processed after the Store receives confirmation from PayU S.A. about the correct execution of the payment,
in the case of payment by bank transfer, the execution of the order will begin after the Customer's payment is credited to the Store's bank account;

Orders placed, the subject of which is available in the Store's warehouse, are carried out:

the same day on which, in accordance with the above paragraph, the time of the contract completion began, if the time of the contract completion began until 12 o'clock on that day,
on the first working day following the day on which, in accordance with the above paragraph, the time of the contract began, in cases other than the above.

The time of order processing includes the time from its commencement in accordance with paragraph 1 until the order is handed over to the Polish Post, courier or the Customer is informed about the readiness to personally issue the order.

Delivery

§18

The costs of delivery of the Goods, subject to a possible exception referred to in the Regulations, shall be covered by the Customer. For this reason, the price of delivery of the Goods should be added to the price of the Goods, which is given when placing the order by the Customer and depends on the form of delivery chosen by him. The Seller attaches to the shipment being the subject of the Delivery a proof of purchase covering the delivered Goods.

§19

Deliveries in the Polish are carried out by Poczta Polska in about 3-5 business days from the date of issuing its parcel, while by courier within about 1-2 business days. The ordered Goods are delivered to the Customer through them to the address indicated in the order form.

§20

The Customer is obliged to examine the delivered parcel at the time and in the manner adopted for shipments of a given type. In the event of a shortage or damage to the shipment, the Customer has the right to request the Supplier's employee to write an appropriate protocol or refuse to accept it

§21

If the warehouse runs out of Goods ordered by the Customer, which would extend the order completion date, the Seller will contact the Customer by e-mail or phone to determine the date of order completion or order cancellation.

Returns and complaints

§22

If the Customer is a Consumer, then he has the right to withdraw from the Sales Agreement concluded with the Seller, without giving reasons, within 14 days from the date on which the Consumer came into possession of the Goods or on which a third party other than the Supplier and indicated by the Consumer came into possession of the Goods. If the subject of the contract is multiple Goods that are delivered separately, this period expires after 14 days from the date on which the Consumer came into possession of the last item of the Goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the last item of the Goods covered by one order.
In order to exercise the right to withdraw from the Agreement, the Consumer should inform the Seller about his decision to withdraw from the Agreement by way of an unequivocal statement (for example, submitted in writing sent by post to the following address: Kidsciuch., with its registered office in Dąbrowa Chełmińska at Chełmińska 1,86-070 Dąbrowa Chełmińska or by e-mail to the address biuro@kidsciuch.pl.
The consumer may use the model withdrawal form at the address https://www.kidsciuch.pl/formularz-odstapienia-od-umowy.pdf, but it is not mandatory.
In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the Agreement before the deadline to withdraw from the Agreement.
The right to withdraw from the Agreement is not entitled if the subject of the contract are Goods delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
In the event of withdrawal from the Agreement, the Seller returns to the Consumer all payments received from him, including the costs of delivering the item to the Consumer (with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement. The Store will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution and it does not involve additional costs for the Consumer.
The Seller may withhold the refund of payments received from the Consumer until the receipt of the Goods or until the Consumer provides the Seller with proof of its return, whichever occurs first.
The consumer is obliged to send back or hand over the item to the Seller immediately, and in any case no later than 14 days from the day on which he informed about the withdrawal from the contract. The deadline is met if the Consumer sends back the Goods before the expiry of the 14-day period.
The Consumer bears the direct costs of returning the Goods.
The Consumer shall be liable for any decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

§23

The Seller informs that he is obliged to deliver the Goods free from legal and physical defects.
Complaints can be submitted on the return form of the Goods.
Complaints are considered within 14 days from the date of their receipt by the Seller.
When submitting a complaint, the Seller should deliver the advertised Goods together with the invoice. The inscription "Internet" should be placed on the shipment.
If the complaint is accepted, the Seller shall immediately replace the defective Goods with goods free from defects or remove the defect. If the Customer is a Consumer, instead of removing the defect proposed by the Seller, he may demand replacement of the Goods with a defect-free one or instead of replacing the Goods demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. If the Goods have already been replaced or repaired by the Seller, the Consumer may submit a statement on price reduction or withdrawal from the Agreement.
The Consumer may not withdraw from the Agreement due to a defect in the Goods if the defect is irrelevant. This does not affect the Consumer's rights under § 22.
The Seller informs that the platform of the online dispute resolution system between consumers and entrepreneurs (ODR platform) is https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.dostępna. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or a service contract.
Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of the Goods or distributor.
In the case of Goods covered by the guarantee, information on the existence and content of the guarantee is each time presented on the Store's Website

Warranty

§ 23

The Seller ensures the Delivery of Goods free of physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
If the Goods have a defect, the Customer may:

submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with goods free from defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with goods free from defects or remove defects. The Customer may, instead of removing the defect proposed by the Seller, demand replacement of the Goods with one free from defects or instead of replacing the Goods, demand removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found, and the inconvenience to which the Customer would otherwise be exposed are taken into account.
demand replacement of the defective Goods with goods free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible way of bringing them into conformity with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.

The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
The Seller is liable under the warranty if a physical defect is found within two years from the release of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with a defect-free one expires after one year, but this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement on price reduction due to a defect in the Goods. If the Customer demanded replacement of the Goods with goods free from defects or removal of the defect, the deadline for withdrawal from the Sales Agreement or submission of a statement on price reduction begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.

The Seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

Duration of the contract

§24

The contract with the Customer for opening an Account in the Store is concluded for an indefinite period.

§25

Each party has the right to terminate the contract for opening an Account in the Store, but the Seller may terminate it in the event of termination of the Store's activity or violation of the provisions of the Regulations by the Customer.
In the event of termination of the contract for opening an Account in the Store by the Seller, the contract will be terminated at the end of the two-week notice period counted from the date on which the statement of termination reached the Customer in such a way that he could become acquainted with its content. Termination may take place in writing or by e-mail to the Customer's e-mail address provided in the Account.
The Customer terminates the agreement on opening an Account in the Store by deleting his Account from the Store. Upon deletion of the Account, the contract with the Customer is terminated without notice. It is also possible to send a notice of termination by the Customer by post or e-mail.

Final provisions

§26

Trademarks of Goods in the Store and their names are protected under the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117).

§27

Individual computer settings may cause differences between the visualization of the product on the Customer's computer and the actual appearance of the product (color, proportions, etc.)

§28

All headings used in the content of the Regulations are intended only to facilitate orientation in its text.

§29

The Seller reserves the right to change the regulations for important technical, legal and/or organizational reasons, such as changes in the law, the emergence of new technologies and IT systems forcing a change in the rules of operation of the Online Store kidsfashion.pl, a final court judgment, administrative decision, force majeure. The amendment to the regulations becomes effective on the date indicated by the Company, not shorter than 7 days from the moment of making the kidsfashion.pl amended regulations available on the Store's website. Amendments to the Regulations do not cause any violation of the acquired rights of Customers, which in particular means that orders placed by Customers before the entry into force of amendments to the Regulations are carried out in accordance with the existing provisions of the Regulations.

§30

In the event of a dispute arising under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to the settlement of any disputes arising under these Regulations is Polish law.

§31

The principles of Personal Data Protection are included in the Privacy Policy.

§32

The Regulations enter into force on 19-19-2022.