Terms & conditions
§1 Introduction
- This Regulation governs the rights and obligations related to the use of the Online Store available at www.designforkids.pl, including the rules for placing Orders and purchasing Products through it.
- Whenever the terms listed below are used in the further part of the Regulation, they should be understood according to the following definitions:
- Regulation – this Regulation, constituting the regulation within the meaning of the provisions of Article 8 of the Act of July 18, 2002, on the provision of electronic services (i.e., Journal of Laws of 2020, item 344).
- Service – the website available at designforkids.pl, on which the Online Store is located.
- Online Store – a platform available in the Service for the sale of Products and services offered and provided by the Seller.
- Seller / Design for kids – Dariusz Wichrowski, conducting business activity under the company name Dariusz Wichrowski, Wichowo 31A, 87-600 Lipno, TIN: 8931307288, REGON: 341361389.
- Client – Consumer or Entrepreneur concluding a Sales Agreement through the Online Store.
- Consumer – a natural person with full legal capacity, concluding an agreement with the Seller within the Online Store, the subject of which is not directly related to their business or professional activity.
- Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf.
- Client Account – a free Electronic Service provided by the Seller to the Client for using all the functionalities of the Online Store. The Client Account is the place where the Client can access their data entered through the Service and information about Orders, including transactions concluded between the Client and the Seller. The Client Account is created upon the Client’s correct registration to the Service, by entering their personal data and establishing a login and password. Access to the Client Account is possible only using the login and access password established by the Client. In case of losing the access password, it is possible to restore it.
- Order – the Client’s declaration of will submitted using the Order Form, directly aimed at concluding a distance Sales Agreement with the Seller, the subject of which is a Product or Products available in the Online Store. Sending an Order by the Client signifies the conclusion of a Sales Agreement between the Client and the Seller.
- Order Form – an interactive form available within the Online Store, enabling the Client to place an Order, in particular by adding Products to the Cart, entering their data necessary for the effective conclusion of the Agreement, including indicating the method of delivery and payment.
- Cart – an element of the Order Form, through which the Client can add or remove Products chosen by them during the use of the Service, and also confirm their choice by proceeding to further steps of the Order, in particular providing or modifying the data necessary for the effective conclusion of the Agreement, including indicating the method of delivery and payment.
- Product – a movable item available for sale within the Online Store, available for a specified price, which is the subject of a Sales Agreement concluded between the Client and the Seller.
- Promotions – special sales conditions for a Product or Products, which are or may be regulated based on separate regulations provided by the Seller in the Service.
- PICKUP POINT – the place of receipt of a shipment containing Products ordered by the Client through the Online Store. Information about available Pickup Points is provided in the Order Form, this Service Regulation, and on the subpage with information about Product delivery.
- Sales Agreement – a sales agreement within the meaning of the provisions of the Civil Code of April 23, 1964 (i.e., Journal of Laws of 2022, item 1360, as amended), concluded at a distance, the subject of which is the sale by the Seller to the Client of Products available within the Online Store.
- Electronic Service – a service or services provided electronically within the meaning of the Act of July 18, 2002, on the provision of electronic services (i.e., Journal of Laws of 2020, item 344).
- Technical requirements – minimum technical requirements that must be met to properly use the functionalities of the Online Store, Electronic Services, or for the purpose of concluding a Sales Agreement. The above requirements are as follows:
- access to a computer or other device enabling the use of the internet;
- having an email account and access to it;
- using an internet browser: Internet Explorer (min. version 11), Google Chrome (min. version 80), Mozilla Firefox (min. version 74), or Safari (min. version 13.0.1.);
- activating in the internet browser the possibility of handling Javascript and storing Cookies.
- Newsletter – a free Electronic Service consisting of sending periodic information about Products, Promotions, the Online Store, and other commercial information.
- Acceptance of the Service Regulations is voluntary, however, it is necessary for the purpose of creating a Client Account or correctly placing an Order in the Online Store.
- The Client is obliged to use all services offered by Design for kids and to use the Service in accordance with current legal regulations, these Regulations, as well as the principles of social coexistence. The Client is also obliged not to take any actions consisting of introducing within the Service, including the Online Store, content violating the provisions of the universally binding law.
- The Seller informs that the User’s use of the Service, including placing an Order, as well as making a phone call to the Seller, may be associated with the User incurring costs of connecting to the Internet network (data transmission fee) or telephone connection costs. The above fees are not collected by the Seller but by the provider of publicly available telecommunications services within the meaning of the Telecommunications Law, whose services the User uses. The provider referred to in the preceding sentence is not a subcontractor of the Seller.
§2 Contact with the Seller
The Client can contact the Seller using the following data:
- Correspondence address and address for complaints: Design for kids, Wichowo 31A, 87-600 Lipno;
- Email address: kontakt@designforkids.pl;
- Phone number: +48 XXX XXX XXX;
- Contact form, available in the Online Store at: https://designforkids.adkmarketing.pl/kontakt.
§3 Electronic services
- The Seller, as part of the conducted Service, provides the following Electronic Services free of charge to Clients:
- enabling the creation of a Client Account;
- enabling the placement of Orders and conclusion of Sales Agreements;
- enabling the use of the Cart service;
- enabling browsing of content placed by the Seller within the Store;
- enabling receipt of the Newsletter;
- enabling notification of Product availability.
- The Client has the option to voluntarily create free Client Accounts, however, its absence does not prevent the purchase of Products.
- Upon correctly completing and approving the Client Account registration form by the Client, including acceptance of these Regulations, an Agreement for an indefinite period is concluded between the Client and the Seller for the provision of the service of creating and maintaining the Client Account, including maintaining the User session after logging into the Client Account and storing and providing their data along with the history of concluded Sales Agreements.
- The Client Account registration form is considered correctly completed by the Client if it contains only true and current data and information necessary for the correct provision of services by the Seller.
- The Client is obliged to provide in the Order and in the Client Account registration form only true, current, and all necessary data for the proper provision of services by the Seller. Furthermore, the Client is obliged to update them immediately, especially to the extent necessary for the proper provision of services by the Seller. The Seller shall not be liable for the outdatedness, falsity, or incompleteness of such data.
- The Client is obliged to use the services offered by the Seller in accordance with the provisions of the applicable law, the provisions of the Regulations, as well as the accepted customs and principles of social coexistence, in a manner not burdensome for other Users and for the Seller, and in no way disrupting the work of the Seller or the operation of the Service. The Client is also obliged not to provide or transmit within the Service any content prohibited by the provisions of the applicable law, in particular content infringing the proprietary copyrights of third parties or their personal rights.
- The Client can submit complaints related to Electronic Services provided by the Seller by sending an e-mail to reklamacje@designforkids.pl. The complaint should include, in particular, data for identifying the Client, i.e., the Client’s first name and last name, email address, and a detailed description and reason for the complaint. The Seller reserves a 14-day period for considering the complaint, which starts from the date of receiving the complaint.
- The Client may terminate the agreement for the provision of Electronic Services at any time and without giving a reason. The submission of this request should be made by sending a statement of termination of this agreement, indicating the Client’s data contained in the Client Account registration form: in writing, to the Seller’s correspondence address – Wichowo 31A, 87-600 Lipno or electronically, to the email address kontakt@designforkids.pl. The Seller may contact the Client at the email address or phone number provided by the Client in the Client Account registration form to confirm their identity.
- The Seller may terminate the Agreement for the Provision of Services with the User at any time with a 14-day notice period. Termination of the agreement by the Seller may only occur for valid reasons, such as:
- violation of the provisions of the Regulations by the User;
- actions by the User contrary to law or harmful to the operation of the Service.
- The Seller has the right to limit the Client’s use of the Service or placing Orders, as well as to limit their access to part or all of the content, in the event of valid reasons, such as:
- flagrant violation of the Regulations by the Client, especially if the User has provided misleading or infringing data or content violating the rights of third parties;
- repeated placing of Orders and then not picking them up if the Client’s behavior indicates that they may act deliberately to the detriment of the Seller.
§4 Newsletter
- The Client may at any time subscribe to the Newsletter service. To do this, they should express their consent to receive it by providing their email address in the Newsletter signup form, and then confirming this form using the appropriate button.
- Upon the Client’s confirmation of the Newsletter signup form, an agreement for the provision of the Newsletter service is concluded between the Client and the Seller.
- The Client may at any time and without stating a reason terminate the agreement for the provision of the Newsletter service. The request for termination should be made by sending a statement of termination of this agreement, indicating the Client’s data provided in the Newsletter
- in writing, to the Seller’s correspondence address – Wichowo 31A, 87-600 Lipno, or
- electronically, to the email address kontakt@designforkids.pl. The Client may also terminate the agreement for the provision of the Newsletter service by clicking on the deactivation link found in each Newsletter sent to the Client’s email address.
§5 Placing Orders
- Subject to §3 para. 10, every Client may at any time place Orders for Products via the Online Store, except for any interruptions in the functioning of the Service, including outages or technical work. The Client does not need to have an active Client Account to place an Order.
- Orders are accepted by the Seller for execution only on business days, from 8:00 a.m. to 5:00 p.m.
- Until the Order is confirmed, which is done by clicking the appropriate button, the Client may modify the entered data, including in particular the quantity or type of Products. An Order that has been confirmed but is not being processed or has not been executed by the Seller may be modified by the Client by sending a message to the Seller containing the requested change to the Order, to the e-mail address sklep@designforkids.pl.
- The Client’s confirmation of the Order is considered to be the voluntary expression of the Client’s will to enter into a Distance Sales Agreement through the Online Store. This is also the moment of concluding the Sales Agreement between the Client and the Seller.
- Information published by the Seller within the Online Store constitutes an invitation for Clients to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code.
- The Seller records, secures, and provides the Client with the content of the concluded Sales Agreement by:
- providing access to the Service Regulations in the Online Store throughout its operation at https://designforkids.adkmarketing.pl/regulamin-sklepu;
- sending the Client an email confirmation of the placed Order to the email address provided by the Client during Order placement;
- providing the Client with the Order specification and proof of purchase (receipt or VAT invoice) to the email address provided by the Client during Order placement.
§6 Prices and Payments
- The prices of Products presented in the Online Store are provided in Polish zloty (PLN), including all applicable customs duties and taxes. They are binding upon the Client’s placement of the Order. The prices of Products do not include delivery costs unless the regulations of any Promotion state otherwise.
- The value of the Order constitutes the sum of the prices of individual Products and the delivery cost, in accordance with the current price list of the carrier chosen by the Client.
- The Seller has the right to unrestrictedly modify the prices of Products presented within the Online Store; however, these changes do not apply to Orders placed by the Client before the price modification.
- The Client makes payment for the placed Order using the current payment methods indicated in the Order form, namely:
- upon delivery (cash on delivery) if the total value of the Order does not exceed PLN 15,000.00 pre-tax,
- by online transfer or credit card via the Hotpay payment system, operated by ePayments sp. z o.o. sp. k. with its registered office in Andrychów.
- The purchase of Products is always documented by the Seller through the issuance and delivery of a VAT invoice to the Client in accordance with the details of the Order.
- The Client is obliged to pay for the Order:
- within 3 days from the date of concluding the Sales Agreement – in the case of choosing payment by online transfer,
- upon delivery (cash on delivery) – in the case of choosing this form of payment. In the event of the Client’s failure to make payment in accordance with the above rules, the Sales Agreement shall be terminated based on the provisions of Article 89 of the Civil Code.
§7 Invoices
- By accepting these Regulations, the Client consents to the Seller issuing and receiving VAT invoices electronically and to receiving corrective invoices and duplicates of these documents electronically at the email address provided by the Client in the Order form during Order placement or provided during Client Account registration.
- VAT invoices are provided to the Client in electronic form, in PDF (Portable Document Format) format.
- The Client’s voluntary withdrawal of consent to the Seller issuing and receiving VAT invoices electronically results in the impossibility of using the services offered by the Seller.
§8 Order Delivery
- The dispatch of Products ordered by the Client takes place within 7 business days:
- in the case of the Client choosing payment by transfer, electronic payments, or credit card payment – from the date of crediting the payment to the Seller’s bank account,
- in the case of the Client choosing payment upon delivery – from the date of concluding the Sales Agreement.
- The delivery of Products ordered by the Client is carried out to the address provided by the Client in the Order form or delivered to the selected Pickup Point chosen by the Client, through the selected carrier. The delivery time of the Order by a specific carrier depends on the form of delivery chosen by the Client and complies with the terms of service provided by the selected carrier.
- The method of delivery may depend on the payment method chosen by the Client or the type of Product. Current information about available delivery methods and their costs is included in the Order form. The Seller reserves the right to periodically or permanently restrict certain delivery methods.
- The delivery costs of the Order are borne by the Client, except for any Promotions, the regulations of which contain or may contain different provisions regarding these costs, as well as the rules for using Promotions. These regulations constitute or will constitute an integral part of these Regulations.
- Subject to paragraph 4 of this section, the delivery of ordered Products takes place exclusively within the territory of the Republic of Poland.
- In the event that the Client expresses a desire to place an Order that would be delivered outside the borders of the Republic of Poland, the Client should first contact the Seller using the data indicated in §2 of the Regulations to individually determine the conditions for fulfilling such an order, including in particular the delivery costs of the Products covered by such Order.
- Personal pickup of ordered Products is not possible.
§9 Complaints
- The Seller is legally obliged to provide the Client with Products free from defects.
- The Products offered by the Seller in the Online Store may be covered by manufacturer or distributor warranties, which provide additional assurances as to the quality of the sold item and allow the Client to avail themselves of an alternative means of asserting claims in the event of a defect in the Product. Detailed warranty terms, its duration, and the complaint procedure are included in the warranty card attached to the Product.
- If the Product received by the Client proves to be defective, the Client has the right to exercise the rights available to them under the warranty or, independently thereof, the rights available to them from the Seller under statutory warranty. For this purpose, the Client may:
- submit a statement of price reduction for the given Product or withdrawal from the Sales Agreement, unless the Seller promptly replaces the defective Product with one free from defects or, if possible, removes the defect. However, the Client cannot withdraw from the concluded Sales Agreement in a situation where the defect of the Product is immaterial;
- request the exchange of the Product for one free from defects or, if possible, the removal of the defect.
- A Client exercising rights under the statutory warranty should deliver the defective Product to the Seller, at the Seller’s expense, by sending it to the address: Design for kids Wichowo 31A, 87-600 Lipno.
- A complaint should be submitted in writing to the address Wichowo 31A, 87-600 Lipno, or electronically by sending a message to the email address: reklamacje@designforkids.pl or through an electronic complaint form available in the Online Store.
- The complaint should, to the extent possible, include a concise description of the defect, circumstances (including date) of its occurrence, the Client’s data submitting the complaint, as well as the Client’s request, including an indication of the method of asserting claims.
- The Seller undertakes to promptly respond to the complaint request submitted under the statutory warranty, and in the case of a Client being a Consumer, no later than within 14 days from the date of receiving the Complaint. If the Consumer Client requested the replacement of the item or removal of the defect or submitted a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within fourteen days, it shall be deemed that the request has been accepted. If the Seller receives a complaint that does not contain the necessary information for the complaint to be considered, the Seller reserves the right to contact the Client to obtain them.
§10 Right of Withdrawal
- The Customer, being a Consumer, has the right to withdraw from the Sales Agreement concluded through the Online Store within 14 days from the date of delivery of the Product, without giving any reason. In the case of a Sales Agreement, the subject of which is the sale of Products delivered separately, in batches, or in parts, the aforementioned period begins from the delivery of the last item, batch, or part. To meet the deadline for withdrawal from the contract, it is sufficient to send a statement of withdrawal from the contract before its expiry.
- The Customer referred to in paragraph 1 may send a statement of withdrawal by post to the address Wichowo 31A, 87-600 Lipno, or electronically by sending the statement to the email address reklamacje@designforkids.pl.
- In the event of the Customer sending a statement electronically, the Seller shall immediately send the Customer a confirmation of receipt of the statement of withdrawal from the Agreement to the email address provided by the Customer.
- Regardless of the delivery method chosen by the Customer, the Seller is obliged to refund the delivery costs to the Customer only up to the amount of the cheapest delivery method offered within the Online Store.
- The Customer is obliged to return the purchased Products immediately, but no later than within 14 days from the day on which the Customer made a statement of withdrawal from the Sales Agreement. To meet the 14-day deadline, it is sufficient to return the Products before its expiry.
- The Customer is obliged to return the returned Products with proof of purchase attached to the address Wichowo 31A, 87-600 Lipno.
- The Customer is responsible for any decrease in the value of the returned Products resulting from using them in a manner other than necessary to establish the nature, characteristics, and functioning of the purchased Products. The Seller reserves the right to seek compensation from the Customer within the limits permitted by currently applicable laws.
- The right to withdraw from the contract does not apply to the Customer in the case of contracts:
- for the sale of a Product delivered in a sealed package that cannot be returned once opened due to health protection or hygiene reasons;
- for the sale of audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened by the Customer.
- In the event of withdrawal from the Sales Agreement by the Customer, it is considered as not concluded, and the Seller is obliged to promptly, no later than within 14 days from the day of receiving the Customer’s statement of withdrawal from the agreement, refund the amounts received. The Seller reserves the right to refund the received amounts using the same payment method that the Customer used.
§10 Odstąpienie od Umowy
1. Klientowi będącemu Konsumentem przysługuje, w terminie 14 dni od dnia dostarczenia Produktu, prawo do odstąpienia od Umowy Sprzedaży zawartej za pośrednictwem Sklepu Internetowego, bez podawania jakiejkolwiek przyczyny. W przypadku Umowy Sprzedaży, której przedmiotem jest sprzedaż Produktów dostarczanych osobno, partiami lub częściowo, powyższy termin rozpoczyna swój bieg od dostawy ostatniej rzeczy, partii lub części. Do zachowania terminu do odstąpienia od umowy wystarczy wysłanie oświadczenia o odstąpieniu od umowy przed jego upływem.
2. Klient o jakim mowa w ust. 1 może wysłać oświadczenie o odstąpieniu za pośrednictwem poczty, na adres Wichowo 31A, 87-600 Lipno lub drogą elektroniczną poprzez przesłanie oświadczenia na adres e-mail reklamacje@designforkids.pl.
3. W przypadku przesłania oświadczenia przez Konsumenta drogą elektroniczną, Sprzedawca niezwłocznie prześle Konsumentowi na podany przez Konsumenta adres e-mail potwierdzenie otrzymania oświadczenia o odstąpieniu od Umowy.
4. Niezależnie od wybranego przez Klienta sposobu dostawy, Sprzedawca jest zobowiązany do zwrotu Klientowi kosztów dostawy wyłącznie do wysokości najtańszego sposobu dostawy, który oferuje w ramach Sklepu Internetowego.
5. Klient jest zobowiązany do zwrotu zakupionych Produktów niezwłocznie, jednakże nie później niż w ciągu 14 dni od dnia, w którym złożył oświadczenie o odstąpieniu od Umowy Sprzedaży. Do zachowania 14-dniowego terminu wystarczy odesłanie Produktów przed jego upływem.
6. Klient jest zobowiązany odesłać zwracane Produkty z dołączonym dowodem zakupu na adres Wichowo 31A, 87-600 Lipno.
7. Klient ponosi odpowiedzialność za zmniejszenie wartości zwracanych Produktów z uwagi na korzystanie z nich w sposób inny niż konieczny do stwierdzenia cech i funkcjonowania zakupionych Produktów. Sprzedawca zastrzega sobie prawo dochodzenia od Klienta odszkodowania w zakresie dozwolonym przez aktualnie obowiązujące przepisy prawne.
8. Prawo do odstąpienia od umowy nie przysługuje Klientowi w zakresie umów:
- jakich przedmiotem jest sprzedaż Produktu dostarczanego w zapieczętowanym opakowaniu, niemożliwego po otwarciu do zwrotu z uwagi na ochronę zdrowia lub względy higieniczne;
- jakich przedmiotem jest sprzedaż nagrań dźwiękowych, wizualnych lub programów komputerowych dostarczanych w zapieczętowanych opakowaniach, jeżeli zostały one otwarte przez Klienta.
9. W przypadku odstąpienia przez Klienta od Umowy Sprzedaży, uważa się ją za niezawartą, a Sprzedawca jest zobowiązany do niezwłocznego, nie późniejszego niż w terminie 14 dni od dnia otrzymania oświadczenia Klienta o odstąpieniu od umowy, zwrotu otrzymanych kwot. Sprzedawca zastrzega sobie prawo do zwrotu otrzymanych kwot przy użyciu takiego samego sposobu zapłaty, jakiego użył Klient.
§11 Out-of-Court Dispute Resolution and Claims Settlement
- Any potential disputes arising from contracts concluded between the Customer and the Seller may be resolved amicably, using, among others, the following methods:
- resolving the dispute by the Permanent Consumer Arbitration Court operating at the Trade Inspection;
- resolving the dispute during mediation proceedings aimed at an amicable resolution of the dispute between the Customer and the Seller.
- Regardless of the methods of dispute resolution specified in paragraph 1 of this section, the Customer has the right to:
- obtain free assistance in resolving disputes between the Customer and the Seller, using the free assistance of the county consumer advocate or a social organization whose statutory tasks include consumer protection (e.g., the Polish Consumers Association);
- use the contact point operated by the President of the Office of Competition and Consumer Protection, whose tasks include, among others, providing assistance to consumers in matters concerning out-of-court consumer dispute resolution;
- initiate dispute resolution procedures available on the ODR platform, available at: http://ec.europa.eu/consumers/odr/.
§12 Final Provisions
- The basic text of this Regulation has been prepared in Polish.
- This Regulation is subject to the provisions of the generally applicable law of the Republic of Poland. The Regulation does not exclude or in any way limit any rights granted to the Consumer under the mandatory provisions of the law.
- The choice of Polish law with regard to the Regulation does not deprive the Consumer of the protection granted to them under the provisions that cannot be excluded by agreement between the Seller and the Consumer, pursuant to the law that, in accordance with the relevant regulations, would be appropriate in the absence of choice.
- The Regulation is available at any time at the address https://designforkids.adkmarketing.pl/regulamin, except for any occasional, periodic interruptions in the operation of the service.
- Sales agreements and agreements for the provision of electronic services are concluded in Polish, and the law applicable for the purpose of concluding and implementing these agreements is the law of the Republic of Poland.
- The Seller has the right to amend the Regulation, in particular:
- due to changes in legal provisions regulating the sale of Products or services electronically, and these changes affect the mutual rights and obligations of the Customer or the Seller;
- due to changes in the method of providing Electronic Services offered by the Seller, caused by objective technical or technological reasons, including in particular the introduction of changes in the Technical Requirements;
- due to the need to adapt the Seller’s activities to orders, judgments, decisions or guidelines arising from decisions of competent administrative authorities or court judgments, and the above affects the mutual rights and obligations of the Customer or the Seller.
- In the event of changes in the content of the Regulation, the Seller will notify the Customer at least fourteen days in advance by sending a message to the email address provided during registration of the Customer’s Account or provided when placing the Order, and also by publishing in the Service the unified text of the Regulation, taking into account all previous changes. The change in the Regulation does not apply to the content or conditions of agreements concluded between Customers and the Seller prior to the change in the Regulation.
- Customers who have accepted the Regulation have the right to terminate the agreement concluded with the Seller within 14 days from the date of receiving information from the Seller about changes in the content of the Regulation. The change in the Regulation of the Service does not affect the content and conditions of agreements concluded between Customers and the Seller under Sales Agreements before the change in the Regulation.
- Any disputes that may arise between the Customer and the Seller will be resolved by common courts, competent due to the Seller’s registered office.
- In matters not regulated by this Regulation, the provisions of the generally applicable law of the Republic of Poland apply, as well as other regulations made available in the Service, provided that these regulations apply only to the extent that they do not conflict with this Regulation.
