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Terms and Conditions

Terms and Conditions of the Kidwell online store

establishing the terms of sale agreements established through the store and covering the most important information concerning the Seller, the Store, and the rights of the Consumer.

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technological requirements
§ 4 Shopping
§ 5 Payments
§ 6 Order processing
§ 7Right to withdraw from the agreement
§ 8 Exceptions from the right to withdraw from the agreement
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
§ 12 Provisions concerning Buyers who are not Consumers
Attachment no. 1: Form for withdrawal from the agreement

§ 1 DEFINITIONS

Business daysMondays to Fridays with exception of national Polish holidays.
Account – free of charge function of the Store (electronic service) allowing the Buyer to register an individual Account at the Store regulated in separate terms and conditions.
Consumer – the consumer pursuant to the provisions of the Civil Code.
Buyer – every entity making a purchase from the Store.
Terms and Conditions – these terms and conditions.
Store – Kidwell online store operated by the Seller at the internet address ofhttps://kidwell.eu
Seller - DERFORM SPÓŁKA JAWNA DERĘGOWSCY with its registered seat at the address of ul. Za Motelem 1, 62-080 Sady, entered in the National Court Register – register of entrepreneurs by the REGIONAL COURT FOR POZNAŃ - NOWE MIASTO AND WILDA IN POZNAŃ, VIII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under the number KRS 0000017923, NIP (taxpayer identification number) 7810020305, REGON (national business register number) 63019616500000.

§ 2 CONTACT WITH THE SELLER

  1. Address: ul. Za Motelem 1, 62-080 Sady
  2. E-mail address: sklep@kidwell.eu 
  3. Telephone: 797 974 387
  4. 4. Please return the delivered goods to the following address (in the event of withdrawal from the agreement): Sady, ul. Za Motelem 3, 62-080 Tarnowo Podgórne.
  5. 5. Please send goods covered by complaints to the following address: Sady, ul. Za Motelem 3, 62-080 Tarnowo Podgórne.

§ 3 TECHNOLOGICAL REQUIREMENTS

  1. 1. In order to take proper advantage of the Store’s functions, you are required to have the following:
    • a device with internet access
    • an internet browser with JavaScript and cookie support.
  2. Besides the requirements established in section 1, placement of an order from the Store requires you to have an active e-mail account.

§ 4 SHOPPING

  1. The prices of the goods presented in the Store are gross prices of the goods, which include VAT.
  2. The Seller hereby notes that the gross price of the order includes the price of the goods and – if applicable – costs of delivery as listed by the Store.
  3. The Buyer must add the goods selected for purchase to the basket in the Store.
  4. Next, the Buyer selects the delivery method and payment method out of those supported by the Store and enters the data required to fulfil the placed order.
  5. The order is placed upon confirmation of its content and approval of the Terms and Conditions by the Buyer.
  6. Placement of the order equates to conclusion of a sale agreement between the Buyer and the Seller.
  7. The Seller shall provide proof of conclusion of the sale agreement in question to the Consumer on a permanent carrier no later than upon delivery of the goods.
  8. The Buyer may register an Account in the Store or make purchases without registration. The latter requires the Buyer to enter personal data for every potential order.

§ 5 PAYMENTS

  1. When the order is placed, the Buyer can choose one of the following payment options:
    1. By regular transfer to the bank account of the Seller.
    2. Through a payment platform:
      • PayPal
  2. If the Buyer should choose the option of making the payment in advance, the payment must be made within 7 business days following placement of the order.
  3. The Seller hereby informs that certain methods used to pay for orders are available only immediately following placement of the order due to the nature said methods.
  4. By making a purchase at the Store, the Buyer grants consent to the Seller’s use of invoices in electronic format. The Buyer has the right to withdraw the consent in question.

§ 6 ORDER PROCESSING

  1. The Seller is obligated to provide goods free of any defects..
  2. The order handling time is specified by the Store.
  3. If the Buyer should choose to pay for the order in advance, the Seller shall start processing the order only when the payment is made.
  4. If the Buyer should purchase goods subject to different handling times within a single order, the order will be handled according to the longest of said handling times.
  5. The goods purchased from the store are delivered by courier services.
  6. The Buyer may collect the goods in person at the location of the company during its business hours.
  7. If the Buyer should choose to collect the goods in person, the goods will be ready to collect at the specified order handling time or at the time of shipment of the goods established by the Seller – if applicable.

§ 7 RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The Consumer has the right to withdraw from the agreement concluded with the Seller through the Store – with reservation of § 8 of the Terms and Conditions – within 14 days without specifying a reason.
  2. The time for withdrawing from the agreement remains in effect until expiration of 14 days following the day:
    1. on which the Consumer assumes possession of the goods or on which a third party other than the carrier appointed by the Consumer assumes possession of said goods.
    2. on which the Consumer assumes possession of the last of the goods or on which a third party other than the carrier appointed by the Consumer assumes possession of the last of said goods – for agreements transferring ownership to multiple products delivered separately.
  3. In order for the Consumer to exercise the right to withdraw from the agreement, the Consumer must notify the Seller of the decision to withdraw from the agreement by filing a unilateral statement (e.g. by traditional letter or e-mail) including the data listed in § 2 of the Terms and Conditions.
  4. The Consumer may but is under no obligation to use the form for withdrawal from the agreement attached to the end of these Terms and Conditions.
  5. In order to preserve the time for withdrawal from the agreement, the Consumer must submit the information concerning the Consumer’s right to withdraw from the agreement before expiration of the time for withdrawal from the agreement.

    EFFECTS OF WITHDRAWING FROM THE AGREEMENT
  6. In the event of withdrawal from the concluded agreement, the Seller shall promptly return all payments made by the Consumer to the Consumer, including the costs of delivery (with exception of potential extra costs resulting from the Consumer selecting a delivery option other than the delivery option of the lowest cost offered by the Seller), within 14 days counted from the day, on which the Seller receives information on the Consumer’s decision to exercise the right to withdraw from the agreement.
  7. The Seller shall return the aforementioned payments in the same form as said payments were made by the Consumer in scope of the initial transaction unless the Consumer should approve a different solution. In any instance, the Consumer shall not incur any charges in relation to the return in question.
  8. The Seller may be required to delay the return of said payment until the goods are returned or until the Seller receives proof of their shipment, depending on which is first.
  9. The Seller requests that the goods be promptly returned to the following address: Sady, ul. Za Motelem 3, 62-080 Tarnowo Podgórne, no later than within 14 days following the day, on which the Consumer informs the Seller of the decision to withdraw from the sale agreement. This condition is fulfilled if the Consumer returns the goods within the aforementioned 14 days.
  10. The costs directly associated with returning the goods are covered by the Consumer.
  11. The Consumer is held liable only for reduced value of the goods resulting from use of the goods in ways other than required in order to establish the nature, properties, and functions of said goods.
  12. If the goods in question cannot be returned by standard postal services due to their nature, the Consumer will also have to cover the direct costs associated with returning said goods. The Consumer shall be notified of the amount of said costs by the Seller in the description of the goods available in the Store or during placement of the order.
  13. If the Consumer has paid the amount subject to return by card, the Seller shall return the amount in question to the bank account assigned to said card.

§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE AGREEMENT

1. The consumer does not have the right to withdraw from a remote agreement in scope of the following agreements:

  1. concerning non-prefabricated products customised to the specification of the Consumer or tailored to fulfil the Consumer’s individual needs.
  2. concerning products delivered in sealed packaging, which cannot be returned after being opened due to health or hygienic concerns – if the packaging in question is opened following its delivery.
  3. concerning products, which – due to their nature – need to be joined permanently with other products following their delivery.

§ 9 COMPLAINTS

  1. In the event of identifying a defect in the goods, the Buyer can exercise the right to file a complaint in scope of the defective goods in accordance with the statutory warranty regulated by the Civil Code or in accordance with the guarantee – if such has been provided.
  2. 2. By exercising the right to statutory warranty, the Buyer may perform the following under the terms and within the times established in the Civil Code:
    1. request a discount
    2. for major defects – file a statement for withdrawal from the agreement
    3. request a new product free of defects
    4. request removal of the defect
  3. The Seller requests that complaints exercising the right to statutory warranty be filed to the physical address or e-mail address as specified in § 2 of the Terms and Conditions.
  4. For consumers, if the product in question is required to be delivered to the Seller for purposes of processing the complaint, it is delivered at the cost of the Seller to the following address: Sady, ul. Za Motelem 3, 62-080 Tarnowo Podgórne.
  5. The goods sold by the store carry a 24-month manufacturer’s guarantee, which starts upon collection of the delivery (alternatively a 12-month guarantee for Buyers who are not Consumers).
  6. Complaints concerning activity of the Store are to be submitted to the e-mail address specified in § 2 of the Terms and Conditions.
  7. The Seller shall address all complaints within 14 days.

    SETTLING COMPLAINTS AND CLAIMS OUT OF COURT
  8. If the complaint procedure does not bring the result expected by the Consumer, the Consumer can take advantage of the online ODR platform, which is available at the following address: http://ec.europa.eu/consumers/odr/

§ 10 PERSONAL DATA

  1. The Controller of the personal data provided by the Buyer to the Store is the Seller.
  2. The personal data of the Buyer is processed mainly in accordance with the agreement and for the purposes of its performance pursuant to the provisions established in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council (EU). For details concerning data processing by the Seller, please see the Store’s privacy policy.

§ 11 RESERVATIONS

  1. The Buyer is prohibited from entering content illegal in nature.
  2. Every order placed at the Store constitutes a separate sale agreement and requires individual approval of the terms and conditions. The agreement is concluded for the time and purpose of fulfilling the order.
  3. The agreements concluded pursuant to these terms and conditions are concluded in Polish.
  4. No provision of these terms and conditions excludes or restricts the rights of the Consumer resulting from provisions of the law in any way.

§ 12 PROVISIONS CONCERNING BUYERS WHO ARE NOT CONSUMERS

  1. Only entities who are Consumers have the right to withdraw from a remote agreement.
  2. All liability of the Seller towards a Buyer who is not a Consumer is limited to the amount of the order placed by the Buyer.
  3. The Seller’s liability towards a Buyer who is not a Consumer in scope of statutory warranty is limited to one year counted from release of the goods to the Buyer.
  4. In the event of a potential dispute with a Buyer who is not a Consumer, the appropriate court is that with jurisdiction over the registered seat of the Seller.

Attachment no. 1 to the Terms and Conditions

The form for withdrawal from the agreement – which the Consumer may but is under no obligation to use – is presented below:



FORM FOR WITHDRAWAL FROM THE AGREEMENT
(fill out this form only if you wish to withdraw from the agreement)

DERFORM SPÓŁKA JAWNA DERĘGOWSCY
ul. Za Motelem 1, 62-080 Sady
e-mail adress: sklep@kidwell.eu 

- I/we(*) ..................................................................... hereby inform of my/our(*) decision to withdraw from the sale agreement covering of the following products:

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

- Date of collection:  ..........................................................................................................................

- Full name of the Consumer(s): ..............................................................................................................................

- Address of the Consumer(s): ..........................................................................................................................................

..................................................................................................................................................................................

.............................................................................................
Signature of the Consumer
(only if the form is delivered in paper form)


Date ............................................

(*) Delete as appropriate.

Terms and Conditions concerning the Account

Terms and Conditions concerning the Kidwell Store Account

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technological requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1 DEFINITIONS

Account – free of charge function of the Store (service) allowing the Buyer to register a personal Store Account regulated in these terms and conditions.
Buyer – every entity making a purchase from the Store.
Store – Kidwell online store operated by the Seller at the internet address of https://kidwell.eu
Seller – DERFORM SPÓŁKA JAWNA DERĘGOWSCY with its registered seat at the address of ul. Za Motelem 1, 62-080 Sady, entered in the National Court Register – register of entrepreneurs by the REGIONAL COURT FOR POZNAŃ - NOWE MIASTO AND WILDA IN POZNAŃ, VIII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under the number KRS 0000017923, NIP (taxpayer identification number) 7810020305, REGON (national business register number) 63019616500000.

§ 2 CONTACT WITH THE SELLER

  1. Address: ul. Za Motelem 1, 62-080 Sady
  2. E-mail adress: sklep@kidwell.eu
  3. Telephone: 797 974 387

§ 3 TECHNOLOGICAL REQUIREMENTS

  1. The following is required for proper functions and registration of the Account:
    • an active e-mail account
    • a device with internet access
    • an internet browser with JavaScript and cookie support

§ 4 ACCOUNT

  1. Registering the Account is strictly voluntary and determined by the will of the Buyer.
  2. The Account provides additional options to the Buyer, including browsing the history of orders placed by the Buyer at the Store, checking order status, or editing the Buyer’s data.
  3. In order to register the Account, the Buyer must fill out the appropriate form provided by the Store.
  4. Upon registration of the Account, an indefinite agreement is concluded between the Buyer and the Seller in scope of operating the Account under the standards established in these terms and conditions.
  5. The Buyer may cancel the Account at any time without any additional cost.
  6. In order to cancel the Account, the Buyer must send an appropriate declaration to the Seller’s e-mail address: sklep@kidwell.eu, which will lead to prompt deletion of the Account and termination of the agreement in scope of the Account.

§ 5 COMPLAINTS

  1. Complaints concerning the Account are to be submitted to the following e-mail address: sklep@kidwell.eu.
  2. The Seller shall address all complaints within 14 days.

    SETTLING COMPLAINTS AND CLAIMS OUT OF COURT
  3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer can take advantage of the online ODR platform, which is available at the following address: http://ec.europa.eu/consumers/odr/

§ 6 PERSONAL DATA

 

  1. The Controller of the personal data provided by the Buyer to the Store is the Seller.
  2. The personal data of the Buyer is processed mainly in accordance with the agreement and for the purposes of its performance pursuant to the provisions established in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council (EU). For details concerning data processing by the Seller, please see the Store’s privacy policy.

§ 7 RESERVATIONS

  1. The Buyer is prohibited from entering content illegal in nature.
  2. The agreement concerning operation of the Account is concluded in Polish.
  3. In the event of any substantial reasons as discussed in section 4 arising, the Seller has the right to amend these Terms and Conditions concerning the Account.
  4. The substantial reasons discussed in section 3 include the following:
    1. requirement to adapt the Store to the provisions of the law applicable its operations
    2. improvement of security of the provided services
    3. modification of the Account’s functions requiring amendment of the Terms and Conditions concerning the Account.
  5. The Buyer shall be informed by e-mail of any planned amendments to the Terms and Conditions concerning the Account no later than 7 days before the amendments take effect to the e-mail address assigned to the Account.
  6. If the Buyer does not approve the planned amendments, the Buyer should inform the Seller of this fact by sending an appropriate e-mail to the Seller’s e-mail address: sklep@kidwell.eu, which will lead to termination of the agreement in scope of the Account as soon as the planned amendments take effect or earlier upon request of the Buyer.
  7. If the Buyer does not object to the planned amendments before they take effect, it is assumed that the Buyer accepts them. This does not prevent the agreement from being terminated in the future.
  8. In the event of a potential dispute with a Buyer who is not a Consumer, the appropriate court is that with jurisdiction over the registered seat of the Seller.
  9. No provision of these terms and conditions excludes or restricts the rights of the Consumer resulting from provisions of the law in any way.






Terms and Conditions

concerning the Kidwell Store Newsletter

§ 1 DEFINITIONS

Newsletter – free of charge electronic service allowing the Service Recipient to receive previously ordered information concerning the Store from the Service Provider in electronic format, including information concerning offers, promotions, and new products of the Store.
Store – Kidwell online store operated by the Service Provider at the internet address of https://kidwell.eu
Service Provider – DERFORM SPÓŁKA JAWNA DERĘGOWSCY with its registered seat at the address of ul. Za Motelem 1, 62-080 Sady, entered in the National Court Register – register of entrepreneurs by the REGIONAL COURT FOR POZNAŃ - NOWE MIASTO AND WILDA IN POZNAŃ, VIII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under the number KRS 0000017923, NIP (taxpayer identification number) 7810020305, REGON (national business register number) 63019616500000.
Service Recipient - every entity subscribing to the Newsletter service.

§ 2 NEWSLETTER

  1. Subscription to the Newsletter service by the Service Recipient is strictly voluntary.
  2. Subscription to the Newsletter service requires a device equipped with the newest version of an internet browser supporting JavaScript and cookies, internet access, and an active e-mail account.
  3. The e-mail messages sent through this service shall be delivered to the e-mail address listed by the Service Recipient upon subscription to the Newsletter.
  4. 4. In order to conclude the agreement and subscribe to the Newsletter service, the Service Recipient must first enter the e-mail address to receive the messages distributed in scope of the Newsletter in the appropriate section of the Store. Next, the Service Provider must send an e-mail to the e-mail address provided by the Service Recipient in order to verify said address. Said e-mail will include an activation link for the Service Recipient to confirm the desire to subscribe to the Newsletter. Upon the Service Recipient’s confirmation of the desire to subscribe to the Newsletter, the service agreement is concluded and the Service Provider assumes provision of said service to the Service Recipient.
  5. The messages distributed in scope of the Newsletter will include information concerning the option to unsubscribe from the Newsletter and a link for said purpose.
  6. The Service Recipient may unsubscribe from the Newsletter at any time without providing a reason and without incurring any costs by taking advantage of the option discussed in section 5 or by sending a message to the e-mail address of the Service Provider: sklep@kidwell.eu.
  7. If the Service Recipient should decide to take advantage of the link to unsubscribe from the Newsletter or send a message requesting to be unsubscribed from the Newsletter, the agreement in scope of said service shall be promptly terminated.

§ 3 COMPLAINTS

  1. Complaints concerning the Newsletter are to be submitted to the Service Provider to the following e-mail address: sklep@kidwell.eu.
  2. The Service Provider shall address all complaints within 14 days of receiving the complaint in question.

§ 4 PERSONAL DATA

  1. The Controller of the personal data provided by the Service Recipient in use of the Newsletter is the Service Provider.
  2. The personal data of the Service Recipient is processed mainly in accordance with the agreement and for the purposes of its performance pursuant to the provisions established in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council (EU). For details concerning data processing by the Service Provider, please see the Store’s privacy policy.

§ 5 FINAL PROVISIONS

  1. The Service Provider reserves the right to amend these Terms and Conditions for substantial reasons only. Substantial reasons include the need to amend the Terms and Conditions due to modernisation of the Newsletter service or amendment of provisions of the law affecting the service provided by the Service Provider.
  2. Information concerning planned amendment of the terms and conditions shall be provided to the e-mail address of the Service Recipient listed upon subscription to the Newsletter no later than 7 days before the amendments in question take effect.
  3. If the Service Recipient does not object to the planned amendments before they take effect, it is assumed that the Service Recipient accepts them.
  4. If the Service Recipient does not approve the planned amendments, the Service Recipient should inform the Service Provider of this fact by sending an appropriate message to the Service Provider’s e-mail address: sklep@kidwell.eu, which will lead to termination of the agreement in scope of the service as soon as the planned amendments take effect.
  5. The Service Recipient is prohibited from entering content illegal in nature.
 
 
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