Regulations
Terms and conditions of 3kiwi internet store.en
dated 24. may 2018.
I. Definitions
The terms used in the Regulations shall mean:
1. Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Store;
2. Civil Code - the law of April 23, 1964. (OJ.U. No. 16, pos. 93 as amended.);
3. Regulations - these Regulations for the provision of electronic services within the 3kiwi online store.pl;
4. Online store (Store) - an Internet service available at www.3kiwi.en, through which the Customer can, in particular, place Orders;
5. Goods - products presented in the Online Store;
6. Contract of sale - a contract of sale of Goods within the meaning of the Civil Code, concluded between Baby Discount Sp. featuring.o. and the Customer, concluded using the Store's website;
7. Law on Consumer Rights - Law of May 30, 2014. on consumer rights (Dz.U. of 2014. pos. 827);
8. Law on the provision of services by electronic means - the law of July 18, 2002. on the provision of services by electronic means (Dz. U. No. 144, item. 1204 as amended.);
9. RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation).
10. Order - a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
II. General provisions
2.(1) These Regulations set out the rules for the use of the online store available at www.3kiwi.en.
2.(2) These Regulations are the regulations referred to in Art. 8 Law on Provision of Electronic Services.
2.3. online store, operating under www.3kiwi.en, is run by Baby Discount Sp. featuring.o. based in Wrocław (53-028) ul. Powiewna 6/9, NIP 8992712652, REGON 021471625, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Department of the National Court Register under the KRS number 0000379566, share capital PLN 5000 (referred to as the Online Shop), mailing address: Popowicka 26, 54-237 Wrocław.
2.(4) These Regulations set forth in particular:
(a) the rules for registering and using an account within the online store;
b) the terms and conditions for placing electronic Orders within the online store;
c) the principles of concluding Sales Agreements using the services provided by the Internet Store.
2.(5) The rules regarding the processing of personal data are set out in the document Privacy and cookies policy available as a link on the website www.3kiwi.en.
2.(6) The use of the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
a) Internet Explorer version 8.0 or later with java script enabled, or
(b) Firefox version 3.0 or later with java script enabled,
(c) Other browser of the parties consistent with the above,
(c) minimum resolution of the computer screen 1024 x 768 pixels.
2.(7) In order to use the online store, the customer should on his own access to a computer workstation or terminal device, with access to the Internet.
2.8. in accordance with applicable laws Baby Discount Sp. featuring.o. reserves the right to limit the provision of services through the Online Store to persons who are at least 18 years of age. In this case, potential customers will be notified of the above.
2.9. customers may access these Terms and Conditions at any time through the link provided on the home page of the website www.3kiwi.en and download it and make a printout of it.
3.0. Information about the Goods given on the websites of the Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code.
3.1. available at www.3kiwi.en 3kiwi online store.pl participates in the Trusted Opinions Ceneo program, which confirms compliance with the quality criteria with which you can read at www.ceneo.en.
III. Rules of use of the Online Store
3.(1) The condition to start using the Online Store is to register with it.
3.2 Registration is done by completing and accepting the registration form, made available on one of the pages of the Store.
3.3. the condition of registration is to agree to the content of the Regulations and provide personal data marked as mandatory.
3.4. Baby Discount Sp. featuring.o. may deprive the Customer of the right to use the Internet Store, as well as may restrict his/her access to part or all of the resources of the Internet Store, with immediate effect, if the Customer violates the Regulations, and in particular if the Customer:
a) provided data during registration in the online store that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
b) committed through the online store a violation of the personal rights of third parties, in particular the personal rights of other customers of the online store,
(c) engages in other behavior that will be recognized by Baby Discount Sp. featuring.o. for behavior that is inconsistent with applicable law or the general rules of Internet use or that harms the good name of Baby Discount Sp. featuring.o.
3.(5) A person who has been deprived of the right to use the online store may not register again without the prior consent of Baby Discount Sp. featuring.o.
3.(6) In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent the acquisition and modification by persons
unauthorized personal data sent on the Internet.
3.7 In particular, the customer shall:
a) not to provide or transmit content prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
b) use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
c) not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,
d) use the Online Store in a manner that is not burdensome to other customers and to Baby Discount Sp. featuring.o.,
(e) use any content posted within the Online Store only for your own personal use,
f) use the Online Store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.
IV. The procedure for concluding a sales contract
4.(1) In order to conclude a Sales Contract through the Online Store, you should visit the website www.3kiwi.en, make a selection of the product and, in some cases, the type, e.g. color, size, version, taking subsequent technical actions based on the messages displayed to the customer and the information available on the site.
4.2 The selection of the ordered Goods by the Customer is made by adding them to the shopping cart.
4.(3) In the course of placing the Order - until the button "I confirm the data and place the order with the obligation to pay" is pressed - The Customer has the opportunity to modify the entered data and in the selection of Goods. To do so, follow the messages displayed to the customer and the information available on the website.
4.(4) After the Customer using the Online Store has entered all the necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will include information regarding:
(a) the subject matter of the contract,
b) the unit and total price of the ordered products or services, including delivery costs
and additional costs (if any),
(c) the selected payment method,
(d) the selected method of delivery,
(e) delivery time.
4.(5) In order to send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the button "I confirm the data and place the order with the obligation to pay".
4.(6) The sending of the Order by the Customer constitutes a declaration of intent to conclude with Baby Discount Sp. featuring.o. Sales contract, in accordance with the content of the Regulations.
4.(7) After placing an Order, the Customer shall receive an email entitled "Confirmation of receipt of Order No. (...)", containing the final confirmation of all material elements of the Order.
4.8. the Agreement shall be deemed concluded upon receipt by the Customer of the e-mail message referred to above.
4.9. the sales contract is concluded in the Polish language, with the content in accordance with the Regulations.
4.10. recording, securing, making available and confirming to the Customer the significant provisions of the Contract of Sale of the Goods shall be made by sending to the Customer at the e-mail address provided together with the document of sale at the time of sending the Order and by attaching to the parcel containing the Goods a printout of the confirmation of the Order.
4.11. prices shown on the store's website 3kiwi.en, as well as descriptions of goods are only commercial information, and not an offer within the meaning of the Civil Code. Buyer placing an order in the online store 3kiwi.en makes an offer to buy a specific good at the price and with the characteristics specified in its description on the online store's website 3kiwi.en. The price in question and the description of the goods become binding - for the purpose of concluding a specific contract - only upon confirmation of acceptance of the order for execution by the Seller.
4.12. the price listed next to each item is valid until stock is exhausted.
4.13. the Seller shall make every effort to ensure that the goods presented on the website of the online store 3kiwi.en coincide with the Seller's current inventory levels. In the event of unavailability of all or part of the goods covered by the order, the Seller shall immediately notify the Buyer and, in the event of payment of the price by the Buyer, shall refund the entire amount of money received from the Buyer.
4.14 The store reserves the right to refuse to process an order in special cases, such as the introduction of a grossly incorrect price of goods.
V. Delivery and collection of goods
5.1. the Delivery of the Goods is limited to the territory of the European Union and takes place at the address indicated by the Customer when placing the Order.
5.(2) Delivery of the ordered Goods shall be made by courier service or to a parcel collection point. Delivery costs are specified on the "Delivery costs" page, which the customer can access at any time from the link in the footer of the Online Store. In addition, delivery costs will be indicated at the time of placing the Order. The online store reserves the right not to add shipping costs to orders of a certain value, about which it will inform on its website.
5.3. the delivery period is from 1 to 30 working days counting from the day of sending the Order by the Customer.
5.(4) The store allows collection of Goods in stationary stores. If the Customer chooses the option to pick up the delivery of goods at the stationary store, the Customer will be required to pick up the goods within 7 days from the date of receipt of the SMS informing about the possibility to pick up the Goods.
VI. Prices and payment methods
6.1. the prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and any other components.
6.2 The customer has the option to pay the price:
a) by bank transfer to the bank account number indicated when placing the Order and on the Contact page, which is linked in the footer of the Online Store,
b) online payment in paylane system.pl (PayLane sp. featuring.o.)
c) payment by Visa, MasterCard, Diners Club, JCB payment card. The payment card is charged at the time of placing the Order. The operator of payment through payment cards is PayLane sp. featuring.o. based in Gdańsk at 4 Norwida Street, postal code: 80-280, KRS: 0000227278,
d) on delivery of the shipment with the Order (type of shipment: cash on delivery). Payment is made in cash to the courier upon receipt of the product or the selected delivery point.
e) purchases on installments (Credit Agricole Raty, mBank installments).
6.(3) The online store charges a commission on the selected payment, which it passes on to the intermediary handling the payment:
(a) 0% commission for payment by: on delivery in cash, traditional bank transfer, mBank installments (operator IAI. S.A.), Credit Agricole installments (operator Credit Agricole Bank Polska)
b) 1% commission min. pLN 0.30 for online (instant) payments from banks supported by the payment operator (list available on paylane website.pl), as well as debit or credit card transactions.
VII. Right of withdrawal
7.(1) You have the right to withdraw from this contract within 14 days without giving any reason.
7.(2) The period for withdrawal shall expire after 14 days from the day on which you took possession of the goods or on which a third party other than the carrier and indicated by you took possession of the goods.
7.(3) To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail or e-mail):
Baby Discount Sp. featuring.o.
popovicka 26 Street
54-237 Wrocław, Poland
e-mail: shop@3kiwi.en
tel. 602 425 525
7.(4) You may fill out and send in your decision to withdraw from the contract (sample template to download here) or any other unequivocal statement.
7.5 You can also complete the return form on our website after logging in to your customer account (link after logging in to your customer account called "Your Returns" and follow the messages displayed on the page). If you use this option, we will immediately send you an acknowledgment of receipt of your notice of withdrawal on a durable medium (for example, by e-mail).
7.(6) In order to comply with the withdrawal period, it is sufficient for you to send information on the exercise of your right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal from the contract
7.(7) In the event of withdrawal from this contract, we shall return to you all payments received from you, including the costs of delivery of the items (except for the additional costs resulting from your choice of delivery method other than the cheapest ordinary delivery method offered by us, in proportion to the items returned and left), immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract.
7.8 We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
7.9. we may withhold reimbursement until you receive the item or until you provide us with proof of its return, whichever event occurs first.
7.(10) You shall be liable only for the diminution in value of the thing resulting from your use of it in a manner other than that which was necessary to ascertain the nature, characteristics and functioning of the thing.
7.11. please send back or hand over the item to us at the address of our warehouse (full address) immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period.
7.12. you will have to bear the direct costs of returning the item. In some situations, we can collect the items from you at our expense or provide you with a shipping label for the free return shipment of the items through a publicly available carrier. This possibility may be limited in time (e.g. promotion), about which we will inform you each time before placing the Order.
Exceptions to the right of withdrawal
7.(13) The Customer's right to withdraw from the contract is excluded in the cases listed in the Consumer Rights Act Art. 38, in particular:
7.13.1. when the purchased goods are a non-refabricated item that has been manufactured to the customer's specifications or to meet the customer's individualized needs (art. 38(3) of the Consumer Rights Act). This applies to products that were made on the basis of individual choice or decision of the customer.
7.13.2. when the purchased goods, after opening the package, cannot be returned for health or hygienic reasons. By purchasing such products, the customer forfeits in accordance with Art. 38 point 5 of the Consumer Rights Act the right to withdraw from the contract if the goods are delivered in sealed packaging and the packaging has been opened after delivery.
VIII. Complaints about Goods
8.1. Baby Discount Sp. featuring.o. as a seller is liable to a customer who is a consumer within the meaning of Art. 22[1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code.
8.(2) Complaints, arising from the violation of the Customer's rights guaranteed by law, or under these Regulations, should be addressed to sklep@3kiwi.pl or in writing to the address: Baby Discount Sp. featuring.o. popowicka 26 Street, 54-237 Wroclaw, Poland. Baby Discount Sp. featuring.o. undertakes to consider each complaint within 14 days, and if this is not possible, to inform the customer within this period when the complaint will be considered.
8.3. Baby Discount Sp. featuring.o. is not a manufacturer of goods. The manufacturer is liable under the warranty of the sold Goods under the conditions and for the period indicated in the warranty card. If the warranty document provides for this possibility, the customer may submit his claims under the warranty directly to the authorized service center, the address of which can be found in the warranty card.
8.(4) Complaints should be sent back to the office address of the Online Store:
Baby Discount Sp. featuring.o. popowicka 26 Street, 54-237 Wroclaw, Poland.
IX. Complaints regarding the provision of electronic services
9.1. Baby Discount Sp. featuring.o. takes steps to ensure fully correct operation of the Store, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by customers.
9.(2) The customer shall immediately notify Baby Discount Sp. featuring.o. about any irregularities or interruptions in the functioning of the Online Store service.
9.(3) Irregularities related to the operation of the Store, the Customer may report in writing to the address: Baby Discount Sp. featuring.o. 26 Popowicka St., 54-237 Wroclaw, Poland, e-mail at sklep@3kiwi.pl or by using the contact form on the Contact Us page.
9.(4) In the complaint, the Customer should provide his/her name, mailing address, type and date of occurrence of irregularities related to the functioning of the Store.
9.5. Baby Discount Sp. featuring.o. undertakes to consider each complaint within 14 days, and if this is not possible, to inform the customer within this period when the complaint will be considered.
X. Data Protection
10.1. the Customer's personal data shall be processed by the Seller as the controller of the personal data.
10.(2) Provision of personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services and conclude a Sales Agreement.
10.(3) The vendor shall apply appropriate and legally required technical and organizational measures to ensure the protection of the processed personal data.
10.(4) The Customer's Personal Data provided within the Online Store will be processed by the Seller for the specific, defined purposes indicated within the individual forms of the Store and described in the Privacy Policy.
10.5. as a general rule, depending on the use of specific functionalities, the customer has the right to lodge a complaint with the authority competent for the protection of personal data, the right to object, the right to access his personal data, to request rectification, erasure, restriction of processing and data portability.
10.6 For more information on data protection, see "Privacy Policy".
XI. Final provisions
10.1 Settlement of any disputes arising between Baby Discount Sp. featuring.o. and a customer who is a consumer within the meaning of Art. 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
10.(2) Settlement of any disputes arising between Baby Discount Sp. featuring.o. and a customer who is not a consumer within the meaning of Art. 22[1] of the Civil Code of the Civil Code, shall be submitted to the court having jurisdiction over the seat of the [online store operator].
10.(3) A customer who is a consumer has the possibility to use an out-of-court procedure for handling complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Wroclaw. Information on how to access ww. dispute resolution procedure and procedures, can be found at the following address: www.uokik.gov.en, under the tab "Settlement of consumer disputes".
10.(4) In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means and other relevant provisions of Polish law shall apply.
10.(5) The consumer may use out-of-court means of handling complaints and pursuing claims. Wanting to take advantage of the possibility of amicable resolution of online shopping disputes, the consumer can file his complaint, for example, through the EU online ODR platform, available at: ec.europe.eu.