Shop policies
TERMS AND CONDITIONS OF THE ONLINE STORE
The online store www.kidsciuch.pl run by the company Kidsciuch Katarzyna Pokorzyńska, based in Dąbrowa Chełmińska at 1,86-070 Dąbrowa Chełmińska Street.
The Terms and Conditions of the online store define the general terms, conditions and manner of sales conducted by Kidsciuch with its registered office in Dąbrowa Chełmińska, through the online store www.kidsciuch.pl (hereinafter referred to as the "Store").
Definitions
§1
In these Terms and Conditions, hereinafter referred to as the "Terms and Conditions", the following terms shall be included:
"Seller" – Kidsciuch.pl., with its registered office in Kidsciuch Katarzyna Pokorzyńska, with its registered office in Dąbrowa Chełmińska at 1,86-070 Chełmińska Street. Entered into the Register of Entrepreneurs under the number REGON 870267880, NIP 9670418858
"Shop" - an online store located on the http://www.kidsciuch.pl website and its subpages,
"Client" – means an entity to which, in accordance with the Terms and Conditions and the provisions of law, services may be provided electronically or with which a Sales Agreement may be concluded
"Account" – the Customer's account created by the Client in the Shop in accordance with the rules set out in the Terms and Conditions, means an individual panel for each Customer, activated for the Customer's benefit by the Seller, after the Customer has completed the Registration.
"Registration" - means an actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Shop.
"Consumer" – a person defined in Article 221 of the Civil Code, i.e. a natural person who enters into a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
"Policy" – the 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 of the Goods specified in the order to the Customer by the Seller, through the Supplier.
"Supplier" - means an entity with which the Seller cooperates in the scope of making the Delivery of Goods.
"Business days" means the days of the week from Monday to Friday, excluding public holidays
"Sales Agreement" - means a distance sales agreement concluded between the Customer and the Seller on the terms and conditions set out in the Terms and Conditions.
"Goods" - means a product presented by the Seller via the Shop's Website, which may be the subject of a Contract of Sale.
"Login" - means an individual designation of the Customer, established by him, consisting of a sequence of letters, digits or other characters, required together with a password to create a Customer Account in the Online Shop.
"Terms and Conditions" - means these Terms and Conditions
General
§2
The Terms and Conditions define the rules for the provision of electronic services by the Seller to the Customers consisting in enabling them to create their Account in the Store free of charge, and then to conclude Contracts for the sale of Goods in the Store's assortment via the Internet for the prices specified on the relevant subpages of the Store.
§3
1. The content presented on the Shop's pages, in particular announcements, advertisements, price lists and other information, is not a commercial offer within the meaning of the provisions of Articles 66 and 661 of the Civil Code, but an invitation to submit offers.
2. In connection with the above, the Shop may change the prices of the Goods posted on the Shop's websites, with the proviso that these changes do not affect the content of the previously concluded Sales Contracts.
§4
1. The prices of the Goods in the Store's assortment are expressed in Polish zlotys and include VAT, or euros and include VAT, depending on the language version of the store. 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.
2. The prices of the Goods given in the Store do not include shipping costs or payment processing costs.
3. Discounts introduced as part of promotional campaigns do not add up to other promotions.
§5
1. Browsing the assortment of the www.kidsciuch.pl Store and placing orders by the Customer for the Goods in the Store's assortment does not require registration, although registration is recommended in order to streamline the process of ordering Goods and to enable the Customer to use additional functionalities of the Store, intended only for registered Customers.
2. The procedure of registration in the Store is described in further provisions of the Terms and Conditions.
§6
The store carries out orders in Polish.
§7
1. In order to use the Shop, it is not necessary for the Customer's computer or other end device (e.g. smartphone, tablet) to meet any special technical conditions. All you need is access to the Internet, an e-mail address, and a standard operating system and a web browser.
2. For the 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 your web browser or other software. Detailed information on cookies is included in the Privacy Policy available on the Store's website.
3. It is forbidden for the Customer to provide illegal content and for the Customer to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to the law, morality or infringing the personal rights of third parties.
4. The Customer is entitled and obliged to use the Online Shop www.kidsciuch.pl in accordance with its intended purpose.
Creating an Account in the Shop
§8
An account in the Store may be created by: natural persons with full legal capacity (i.e. adults who are not incapacitated or persons who have reached the age of majority by marriage), legal persons or organizational units without legal personality, to whom the Act grants legal capacity.
§9
1. A person wishing to conclude an agreement with the Seller for the creation of 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 constitutes the Seller's offer addressed to the future Customer regarding the conclusion of an agreement for the creation of an Account in the Store.
2. Then fill in the form above and enter your username, e-mail address and password, which will be used to log in to the Store.
3. In order to send the form and complete the registration procedure in the Store, it is necessary to accept the Terms and Conditions and the Privacy Policy. Consent to the processing of personal data for marketing purposes and to the sending of commercial information is voluntary and is not necessary to conclude an agreement for the creation of an Account in the Store.
4. Clicking the "Register" button sends the registration form and is tantamount to accepting the Seller's offer. At that moment, the Seller and the person who filled in the registration form conclude an agreement for the creation of an Account in the Store.
5. After concluding the agreement, in accordance with the provisions of the above paragraph, the Seller sends a message to the Customer, to the e-mail address provided by him, confirming the creation of an Account in the Store.
§10
1. Creating an Account in the Store is also possible in the course of placing an order. For this purpose, the Customer should fill in a form constituting the Seller's offer addressed to the future Customer regarding the conclusion of an agreement for the creation of an Account in the Store.
2. Clicking the "Register & Order" button sends the registration form and is tantamount to accepting the Seller's offer. At that moment, the Seller and the person who filled in the registration form conclude an agreement for the creation of an Account in the Store.
3. The provisions of § 9 shall apply mutatis mutandis.
§11
1. If the Client is a Consumer, he/she has the right to withdraw, without giving reasons, from the agreement on opening an Account within 14 days from the date of its conclusion, i.e. from the date of the event described in § 9 section 4 or § 10 section 2 of the Terms and Conditions.
2. The provisions of § 21 sections 2-4 shall apply accordingly.
§12
After creating an Account and logging in to it, the Customer has the ability to: track the status of the order and update 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 Shop www.kidsciuch.pl, each time you log in using the data provided in the registration form
Placing and accepting an order
§13
1. The sale of Goods takes place on the basis of orders placed through the Store.
2. The order processing time declared on the website is usually 1-2 working days We are a manufacturer, not a wholesaler, we prepare goods to the customer's order. It may happen that a product is not available because the manufacturers of the materials often change the designs and they cannot be obtained. In this case, we will refund the funds immediately and inform the client accordingly.
3. 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 to other distribution channels of the Seller.
§15
1. In order to conclude a sales contract with the Seller, the Customer selects the Goods in the Shop by clicking the "Add to cart" icon. The Goods in the basket are not yet ordered and the Customer has the option to add more Goods to the cart, remove the Goods in the cart, as well as resign from making purchases.
2. After adding the Goods to the cart, the Customer has the option to change the number of Goods they want to buy in the Store by changing the appropriate section in the cart. The Goods displayed in the cart, together with their quantity and prices, constitute an offer to purchase them made to the Customer by the Seller.
3. Once you have added all the Goods you wish to order to your shopping cart, you must select the payment and delivery methods described in the paragraph below. In the displayed fields, it is necessary to provide the data necessary for the delivery and for the issuance of 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 they can also enter it in the appropriate field. At this stage of placing an order, you should also check its correctness and confirm. Clicking the "Order with obligation to pay" button is tantamount to accepting the purchase offer made by the Seller to the Customer for 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. The information about the confirmation of acceptance of the order is the Seller's statement about the acceptance of the offer.
4. 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 the amount deducted when you receive your order, as the courier does not always have cash with him), electronic transfer, bank transfer and credit card. A customer who has chosen the bank transfer payment option is obliged to pay the fee for the order within 3 working days from the date of placing the order. Otherwise, the order is deleted from the system. It is possible to extend the payment deadline by prior arrangement with the staff of the www.kidsciuch.pl Store. The following delivery methods are available to the customer: via several courier companies to choose from. The costs related to the payment and delivery of the Goods shall be borne by the Customer, and the Seller may set a specific threshold for the value of purchases, after which the Seller will cover these costs by the Customer. Costs related to delivery and payment method are displayed before the Customer submits a statement of acceptance of the Seller's offer for the purchase of the Goods in the cart.
5. After concluding 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 performance of the concluded contract requires further arrangements or the ordered Goods were not currently in the Store's warehouse. If the Goods are not in stock, the Customer may: cancel the order in its entirety, agree to partial execution of the order by resigning from the remaining part of the order, or agree to extend the lead time if the Goods are still available at a later time. In the case of fulfillment from an 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 full, informing the Customer about it by e-mail.
6. Until the invoice is issued by the Seller, the Customer may modify his order by contacting the Customer Service Office sklep@kidsciuch.pl), including the possibility of resigning from it. The expiry of the deadline for resignation from the order does not affect the Consumer's right to withdraw from a distance contract.
§16
A personal receipt or VAT invoice is issued for the order, which is sent together with the shipment. Therefore, the Client is obliged to provide true and up-to-date data needed, in accordance with applicable law, to issue it.
§17
1. The seller will start processing your order:
- in the case of cash payment upon receipt of the order, its execution will be started after the Customer places the order,
- in the case of payment by electronic transfer or credit card, the order processing will be started after the Store receives a confirmation from Autopay S.A. about the correct execution of the payment,
- in the case of payment by bank transfer, the execution of the order will be started after the Customer's payment is credited to the Store's bank account;
2. Orders placed, the item of which is available in the Store's warehouse, are processed:
- On the next working day, if the order processing time started by 12 o'clock on that day,
- on the second business day following the date on which, in accordance with the above paragraph, the lead time began, in cases other than the above.
3. The processing time of an order shall include the time from the commencement of the order in accordance with paragraph 1 until the order is handed over to the courier company or the customer is informed that the order is ready to be delivered to the customer in person.
Payment
There are various types of payments available in our store: Fast transfers, BLIK payment, Visa card payments, Visa Electron, Mastercard, MasterCard Electronic, Maestro, Apple pay, Google pay. The entity providing online payments in the field of card payments is Autopay S.A
If there is a need to refund funds for a transaction made by the customer with a payment card, the seller will make the refund to the bank account assigned to the payment card of the Ordering Party" or "The seller shall refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to another method of return that does not involve any costs for him"
Traditional forms of payment by traditional bank transfer and cash on delivery are also available
Delivery
§18
The costs of delivery of the Goods, subject to a possible exception referred to in the Terms and Conditions, shall be covered by the Customer. For this reason, the price of the Goods should be supplemented by the price of the delivery of the Goods, which is given when placing an order by the Customer and depends on the form of delivery chosen by the Customer. The Seller shall attach to the Delivery Shipment a proof of purchase covering the Goods delivered.
§19
Deliveries within Polish are carried out by different courier companies to be chosen by the customer when purchasing through the service Furgonetka.pl 1-3 working days from the day of delivery of its shipment, generally about 1-2 working days. The ordered Goods are delivered to the Customer via them to the address indicated in the order form.
§20
The customer is obliged to check the delivered parcel at the time of delivery. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier's employee write down an appropriate protocol or refuse to accept it
§21
If the Goods ordered by the Customer are out of stock, which would extend the order processing time, the Seller will contact the Customer by e-mail or phone to arrange the date of order completion or cancellation of the order.
Returns & Complaints
§22
1. If the Customer is a Consumer, then he/she 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 a number of Goods that are delivered separately, this period expires after 14 days from the date on which the Consumer took possession of the last item of the Goods or on which a third party other than the carrier and indicated by the Consumer took possession of the last item of the Goods covered by one order.
2. In order to exercise the right to withdraw from the Agreement, the Consumer should inform the Seller of his/her decision to withdraw from the Agreement by means of an unambiguous statement (e.g. submitted in writing sent by post to the following address: Kidsciuch., with its registered office in Dąbrowa Chełmińska at 1 Chełmińska Street, 86-070 Dąbrowa Chełmińska or by e-mail to the address sklep@kidsciuch.pl.
3. The Consumer may use the model withdrawal form available at the https://www.kidsciuch.pl/formularz-odstapienia-od-umowy.pdf address, but it is not mandatory.
4. In order to comply with 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 expiry of the deadline for withdrawal from the Agreement.
5. The right of withdrawal does not apply if the subject of the contract is Goods delivered in a sealed package, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery.
6. In the event of withdrawal from the Agreement, the Seller shall reimburse the Consumer for all payments received from the Consumer, including the costs of delivering the goods to the Consumer (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard 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 Shop will refund the payment using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution and it does not involve additional costs for the Consumer.
7. The Seller may withhold the refund of payments received from the Consumer until the Goods are received or until the Consumer provides the Seller with proof of its return, whichever occurs first.
8. The Consumer is obliged to send or hand over the item to the Seller immediately, and in any case no later than 14 days from the date on which he informed about the withdrawal from the contract. The deadline is met if the Consumer returns the Goods before the expiry of the 14-day period.
9. The Consumer bears the direct costs of returning the Goods.
10. The Consumer shall be liable for any reduction in the value of the Goods resulting from the use of the Goods in a manner exceeding what is necessary to ascertain the nature, characteristics and functioning of the Goods.
§23
1. The Seller informs that it is obliged to deliver the Goods free from legal and physical defects.
2. Complaints can be submitted on the Goods Return Form.
3. Complaints are considered within 14 days from the date of their receipt by the Seller.
4. When filing a complaint, the Seller must be provided with the complained Goods together with an invoice. The word "Internet" must be placed on the parcel.
5. If the complaint is accepted, the Seller shall immediately replace the defective Goods with a defect-free one or remove the defect. If the Customer is a Consumer, he/she may demand replacement of the Goods with a defect-free one instead of the defect removal proposed by the Seller, or demand the removal of the defect instead of replacing the Goods, 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 of price reduction or withdrawal from the Agreement.
6. The Consumer may not withdraw from the Contract due to a defect in the Goods if the defect is insignificant. This does not affect the Consumer's rights under § 22.
7. The seller informs that at https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.dostępna address there is a platform for online dispute resolution between consumers and entrepreneurs (ODR platform). 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.
8. Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or the distributor.
9. In the case of Goods covered by the warranty, information on the existence and content of the warranty is each time presented on the Store's Website
Warranty
§ 23
1. The Seller ensures the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, the Customer may:
1. submit a statement on price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with a defect-free one or removes the defect. This restriction does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not complied with the obligation to replace the Goods with a defect-free one or to remove defects. The Customer may demand replacement of the Goods with a defect-free one instead of the defect removal proposed by the Seller, or demand the removal of the defect instead of the replacement of the Goods, unless it is impossible to bring the Goods into conformity with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. The assessment of excessive costs shall take into account the value of the Goods free from defects, the nature and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by any other means of satisfaction.
2. demand the replacement of defective Goods with defect-free ones or removal of the defect. The Seller is obliged to replace the defective Goods with a defect-free one or to 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 compliance with the Contract of Sale in the manner chosen by the Customer, or if it would require excessive costs in comparison with the other possible way of bringing the Goods into compliance with the Contract of Sale. Repair or replacement costs are borne by the Seller.
3. 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.
4. The Seller is liable under the warranty if the physical defect is discovered within two years of the delivery of the Goods to the Customer. A claim for removal of a 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 Contract of Sale or submit a statement on the reduction of the price due to a defect in the Goods. If the Customer demanded the replacement of the Goods with a defect-free one or removal of the defect, the time limit for withdrawing from the Sales Agreement or submitting a statement on price reduction begins at the moment of ineffective expiry of the deadline for replacement of the Goods or removal of 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 agreement with the Customer for the creation of an Account in the Shop is concluded for an indefinite period of time.
§25
1. Each party has the right to terminate the agreement for the creation of an Account in the Store, and the Seller may terminate it in the event of termination of the Store's operations or violation of the provisions of the Terms and Conditions by the Customer.
2. In the event of termination of the agreement for the creation of an Account in the Store by the Seller, the agreement shall be terminated at the end of the two-week notice period counted from the date on which the notice of termination reached the Customer in such a way that he could become familiar with its content. Termination may take place in writing or by e-mail to the Client's e-mail address provided in the Account.
3. The Customer terminates the agreement for the creation of an Account in the Shop by deleting his/her Account from the Shop. Upon deletion of the Account, the agreement with the Client shall be terminated without notice. It is also possible for the Client to send a notice of termination by post or e-mail.
Final provisions
§26
Trademarks of the 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
Any headings used in the content of the Terms and Conditions are only intended to facilitate orientation in the text of the Regulations.
§29
The Seller reserves the right to amend the Terms and Conditions 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 www.kidsciuch.pl Online Store, a final court judgment, an administrative decision, force majeure. An amendment to the terms and conditions shall become effective within the period indicated by the company, not less than 7 days from the moment of making the amended terms www.kidsciuch.pl and conditions available on the Store's website. Amendments to the Terms and Conditions do not infringe the acquired rights of Customers, which in particular means that orders placed by Customers before the amendments to the Terms and Conditions come into force are executed in accordance with the existing provisions of the Terms and Conditions.
§30
In the event of a dispute arising under the Sale Agreement, the parties will seek to resolve the matter amicably. The law applicable to the settlement of any disputes arising under these Terms and Conditions shall be the Polish law.
§31
The principles of Personal Data protection are set out in the Privacy Policy.
§32
The Terms and Conditions enter into force on 29-11-2023.