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Fundacja K.I.D.S. Klub Innowatorów Dziecięcych Szpitali
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REGULATIONS OF THE PRZYTUL WILKA ONLINE STORE


These Regulations define the rules for making purchases in the online store operated by the Seller at: sklep.przytulwilka.pl



I. General provisions


The owner and administrator of the online store Przytul Wilka operating under the address sklep.przytulwilka.pl is the company:

K.I.D.S. Foundation Children's Hospital Innovators Club ul. Chmielna 73, postal code: 00-801, city: Warsaw, NIP [Tax ID No.]: 5272898236, REGON [National Business Registry No.]: 383824678.


Contact with the online store is possible at e-mail address: info@kids.org.pl



The Regulations set out in particular the principles of use of the Przytul Wilka online store by customers, i.e.: the method of placing orders and their completion, the method and time frames for the delivery of products, withdrawal from the contract, as well as the complaint procedure.


II. Definitions


● Online store - online store available at: sklep.przytulwilka.pl, where users can purchase products via the Internet (electronically);


● Administrator, interchangeably referred to as Service Provider or Seller - the entity providing sales services through the Online Store under the terms of these Regulations, that is: the company K.I.D.S. Foundation Children's Hospital Innovators Club ul. Chmielna 73, postal code: 00-801, city: Warsaw, NIP [Tax ID No.]: 5272898236, REGON [National Business Registry No.]: 383824678.


● Website - the website address sklep.przytulwilka.pl, under which the Online Store operates;


● Product - an article for which an order can be placed in the Online Store;


● Customer - a natural person of full legal capacity, a legal person and an organizational unit without legal personality, which is granted legal capacity by law, purchasing products through the Online Store, available at sklep.przytulwilka.pl,


● Consumer - a customer who is a natural person, using the Online Store for purposes not directly related to their business or professional activity;


● User - a Customer who set up an Account in the Online Store;


● Account - access to the resources of the Online Store made available to the User free of charge by the Administrator, in which the data and information about the User's activities in the service are collected, provided voluntarily by the User. The Account is maintained by the Administrator for the User under the login indicated by the User;


● Login - the Customer's identifier in the Online Store - the e-mail address or other identifier indicated by the User during Registration that allows the User to identify themselves in the Online Store;


● Password - a unique series of characters (digits and/or special characters, lowercase/uppercase letters without Polish diacritic marks) chosen by the Customer during Registration with the possibility of its modification in the Account settings, used to log in to the Online Store to confirm the identity of the Customer;


● Registration - the process of creating an Account in the Przytul Wilka Online Store by the User;


● Newsletter - electronic information issued by the owner of the Online Store, which includes, among others, information about the offer of the Online Store and information about promotions, sent to e-mail addresses of registered Users, provided that they give their consent to receive such information;


● Shopping cart - an element of the Online Store, by means of which the Customer specifies the details of the order, in particular, such as the quantity and size of the products, delivery address, invoice details, method of delivery, payment selection;


● Order - an offer made by the Customer via the Online Store to conclude a contract of sale;


● Sales contract - a contract of sale of product(s) - as defined by the Civil Code - concluded between the owner of the Online Store and the Customer, through the Online Store;


● ICT system - a set of cooperating IT devices and software, providing for the processing and storage, as well as sending and receiving data via telecommunications networks by means of an end device appropriate for the type of network;


● Law - the Law on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827);

 


III. Conclusion of the contract for the provision of services by electronic means


The Seller declares that it is a distributor of Products, the sale of which it offers through the Online Store, and that it has all the required consents and authorizations from the Manufacturers of the sold brands, on the basis of which it conducts sales.


The Store conducts sales on the territory of the Republic of Poland as well as abroad.

The Seller provides the following electronic services through the Online Store available at the following address:

● Establishing and maintaining an account in the Online Store,

● Enabling the placement of an order through an appropriate form and concluding a contract of sale,

● Newsletter


The provision of electronic services specified in item 1 above by the Seller is completely free of charge.


The condition for placing an Order in the Online Store by the Customer is reading these Regulations and accepting their provisions during the placing of the Order.


Information about the Products presented on the web pages of the Online Store does not constitute an offer within the meaning of the Civil Code; it is an invitation to conclude a contract of sale.


All Products offered at the Online Store are brand new, originally packaged, free from physical and legal defects, and have been legally introduced into the Polish market.


Placing an order constitutes an offer, within the meaning of the Civil Code, made by the Customer to the Seller.


Use of the Online Store is possible after registration by completing a registration form on the Store's website or by providing the necessary personal and address data.


The Customer may place an Order 24 hours a day via the Online Store.


To register, select the "create an account" icon on the sklep.przytulwilka.pl website, and then fill in the registration form by providing data such as: first and last name, e-mail address, and password.


After registration, the Administrator will send a message to the e-mail address provided in the registration form, containing confirmation of registration.


The Customer can change data and password in the "log in" tab.


The Customer may also purchase Products without Registration. In this case, the Customer places an Order indicating in the Shopping Cart the method of receipt and payment for the order and other data necessary for the placing of the order such as: first and last name, e-mail address, contact phone number, address of residence and delivery address, as well as data necessary for issuing a VAT invoice, when the Customer requests such an invoice.


The contract for the provision of electronic services consisting in enabling the Customer to place an order through the appropriate form is concluded for a definite period of time and is terminated when the order is placed or when the Customer ceases to place it.


When selecting a Product, the Customer indicates the Product to be ordered along with its size and color (if the Product is available in different colors or sizes).


The ordering procedure ends when the "buy and pay" field is used.


The Administrator, immediately upon receipt of the Order, sends a confirmation of the order to the Customer's designated e-mail address.


The moment the Order confirmation is received from the Administrator at the e-mail address indicated by the Customer, they enter into a sales contract with the Administrator for the Product(s) covered by the order. 


Ordering of the Product(s) is possible only by acceptance of these Regulations by the Customer. At the moment of accepting the Regulations, the Customer is bound by their content.

The online store reserves the possibility of temporary unavailability of Products in the color, size, quantity, etc. ordered by the Customer. Information about the temporary unavailability of the Product will be made available on the Website of the Online Store.


The Seller stipulates that the photos presenting the Products and placed on the Website of the Online Store are for information purposes only and may not fully reflect the actual appearance of the Products or show all the details.


The Customer may make changes to the order until the Seller sends an e-mail confirming that the ordered products have been shipped.


Fulfillment of an order placed begins on weekdays after 9:00 a.m., and on the next business day for orders placed on Saturdays, Sundays and holidays. 


If the Administrator cannot fulfill the order due to the unavailability of the ordered Products, they should notify the Customer immediately, but no later than within 30 days from the date of conclusion of the contract of this fact, and, if they have received payment, return the entire amount of money received from the Customer.


As part of the technical requirements necessary for cooperation with the information and communication system used by the Service Provider to carry out purchases, the Customer should have an active electronic mail (e-mail) account and a device connected to the Internet that meets the following minimum technical requirements:

● have at least one of the following web browsers installed: Internet Explorer, Google Chrome, Mozilla Firefox, Safari,

● a screen with a minimum resolution of 1024x768 pixels.


The Customer is obliged to use the Online Store in a manner consistent with the law and good practice.


The Customer is obliged not to provide content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties.


IV. Withdrawal from the Contract


A Consumer who has concluded the Contract remotely has the right to withdraw from the Contract without giving any reason and without additional costs, by making a statement to that effect in writing, within 14 days. This period is a non-extendable period and is counted from the date of taking possession of the item by the Consumer or a person designated by the Consumer, who is not a carrier, whereby if the Contract includes multiple items delivered separately, in parts or batches from the moment of taking possession of the last batch or part and when the Contract concerns items delivered regularly for a specified period - from the date of taking possession of the first item. In the case of other contracts, the deadline for the Consumer to withdraw from the contract runs from the date of their conclusion. To meet this deadline it is sufficient to send a statement (file: withdrawal form) before its expiration to the address of the Service Provider.


In the case of withdrawal from a Contract concluded remotely, the Contract is considered as not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management.


The Seller shall return all payments made by the Consumer within 14 days from the date of receipt from the Consumer of the statement of withdrawal from the Contract, including the cost of delivery of the Products. The Entrepreneur shall return the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for the Consumer.


The Consumer should return the Products within 2 days from the date of withdrawal from the Contract, unless the Service Provider has offered to collect the Product themselves. The purchased Product should be returned to the Service Provider's address.


In accordance with Article 38 of the Law on Consumer Rights, the right of withdrawal is not granted to Consumers with respect to contracts:

● for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance of the entrepreneur will lose the right to withdraw from the contract;

● in which the price or remuneration depends on fluctuations in the financial market, which the entrepreneur does not control, and which may occur before the end of the deadline for withdrawal from the contract;

● in which the subject of the performance is a non-refabricated thing, produced to the consumer's specifications or serving to meet their individualized needs;

● in which the subject of the performance is an item that is perishable or has a short shelf life;

● in which the subject of the performance is an item delivered in a sealed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;

● in which the subject of the service are things which after delivery, due to their nature, are inseparably combined with other things;

● in which the consumer expressly requested that the entrepreneur come to them for urgent repair or maintenance; if the entrepreneur provides additional services, apart from than those requested by the consumer, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;

● in which the subject of performance is sound or visual recordings or computer softwware delivered in sealed packaging, if the packaging has been opened after delivery;

● for the supply of newspapers, periodicals or magazines, except for a subscription contract;

● concluded through a public auction;

● for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right of withdrawal.


V. Price and forms of payment


The prices placed on the website of the Online Store next to the offered Product include VAT and are given in Polish zloty (PLN). Prices do not include shipping costs.


Information regarding the total value of the order, including shipping costs, is provided to the Customer on the Website after the Customer selects the form of payment and the form of delivery of the order.


The Customer can choose the following forms of payment:

● by bank transfer - payment to the bank account of the Online Store of the full value of the order calculated in the calculation, before delivery of the ordered product;

● payment in cash - on delivery.


The Customer is charged with delivery (shipping) costs specified in the shipping price list.


The Customer purchases the Product and orders the delivery service (if any) according to the prices and the amount of delivery costs in effect at the time of placing the order.


The Administrator reserves the right to change prices and the amount of delivery costs, in particular in the event of a change in the price lists of services provided by delivery operators. This provision does not apply to orders already in progress or in respect of which an order confirmation has been sent to the Customer.

 

VI. Delivery of the ordered Products


The Product is shipped to the address indicated in the order form or provided by phone or email. The Service Provider will inform the Customer immediately if the order form is incorrectly filled in, which prevents or may delay the shipment.


Each order is accompanied by a receipt, or at the Customer's request, by a VAT invoice.


The ordered Product is delivered via mail or courier companies. The delivery of the ordered Products takes place on the territory of the Republic of Poland.


Deliveries of ordered Products are carried out within about 7 days from the date of receipt of the Order by the Online Store. In the case of a large number of Orders, this period may be extended (the extension of the delivery period may not exceed 20 days, starting from the next day after the Order is placed by the Customer).


If the Orders are placed by a Consumer, the Product will be delivered no later than 14 days from the date of the Contract, unless the Parties agree on a different date in the Contract.


It is recommended that the Customer, who is also a consumer within the meaning of Article 221 of the Civil Code, should, if possible, check the condition of the Product after delivery and, in the presence of a representative of the delivery agent (courier, postal operator, etc.), prepare an appropriate protocol. Checking the shipment will facilitate and accelerate the assertion of any claims against the responsible entity in the event of mechanical damage to the shipment occurring during transport. In such situations, the Customer is advised to contact the Seller as soon as possible.


The Customer, who is not a consumer within the meaning of Article 221 of the Civil Code, is obliged to check the condition of the Product after delivery and in the presence of a representative of the entity carrying out the delivery (courier, postal operator, etc.). In the event of mechanical damage to the consignment during transport, the Customer should write a damage protocol and immediately contact the Seller.

 

VII. Guarantees and complaint procedure


The products have a manufacturer's, importer's or seller's warranty, valid on the territory of Poland. The warranty period of each product is shown in its description on the store pages. Detailed conditions of warranty fulfillment are specified in the warranty print issued by the guarantor. Most products have warranties implemented directly by the manufacturers. The Customer may also carry out the warranty complaint procedure through the Seller.


The Customer may file complaints related to the provision of electronic services through the online store sklep.przytulwilka.pl consisting of the establishment and maintenance of an account and the possibility of placing orders through the order form, the quality of the Products - by sending an e-mail to: info@kids.org.pl or by telephone at 576 333 578.


When filing a complaint, you should provide the Administrator with the advertised Product along with a copy of the proof of purchase.


The Administrator will respond to the complaint to the e-mail address provided by the recipient or in any other way agreed by the parties.


The Seller is obliged to respond to the complaint of the Customer and the Customer who is a Consumer within 30 days of its receipt.


If the Seller has not provided a response to the complaint within the period referred to above, the complaint shall be deemed as recognized.


The Seller's response to the complaint shall be provided to the Consumer on paper or other permanent medium.


Complaints about the quantity and quality of the Products received are accepted within no more than one month from the discovery of the defect, but no later than within 2 years from the date of release of the Product to the Consumer. The complaint should contain as many details as possible, the invoice number, the number of the shipment confirmation, the waybill, the circumstances of the damage, etc.


If the complaint is resolved in favor of the Customer, the Administrator will bring the Product into conformity with the contract, as requested by the Customer, by repair or replacement with a new one. If replacement or repair of the Product is impossible or requires excessive costs, then the Customer has the right to demand a price reduction or withdraw from the contract.


For contracts concluded with Customers who are not also Consumers within the meaning of Article 22 1 of the Civil Code, on the basis of Article 558 § 1 of the Civil Code, the Seller's liability under warranty is excluded.


The Customer may complain about a Product that has defects as defined by generally applicable laws:

● using the rights arising from the warranty granted - in such circumstances, the Customer may file a complaint with the Administrator, who is only an intermediary forwarding the filed complaint to the manufacturer;

● using the rights available to a Customer who is also a consumer within the meaning of Article 22 1 of the Civil Code against the Administrator in connection with non-compliance of the Product with the contract.

 

The cost of sending the Product after considering the complaint in favor of the Customer, after documenting them, is covered by the Administrator.

 

If the ordered Product is to be sent by the Service Provider to a Customer who is a Consumer, the danger of accidental loss or damage to the Product passes to the Consumer at the time of its release to the Consumer. The handing over of the item shall be considered as its entrustment by the Service Provider to the carrier, if the Service Provider had no influence on the choice of the carrier by the Consumer.

 

VIII. Online Store Newsletter 

 

The Newsletter is sent only to Customers who have agreed to receive it by providing their identifying electronic address for this purpose.

 

The Newsletter service consists of periodic sending of advertising messages to the Customer at the e-mail address indicated by the Customer.

 

By subscribing to the Newsletter, the Customer consents to the delivery of correspondence to them by the Online Store by electronic means, and at the same time consents to the processing of their personal data to the extent necessary for this purpose.

The Customer may unsubscribe from the Newsletter at any time, for this purpose they should contact the Administrator. The Customer will be immediately notified by a return message that their e-mail address has been removed from the Newsletter subscriber list.

 

IX. Personal Data

 

When registering with the Online Store, the Customer consents to the Administrator's processing of personal data related to the fulfillment of orders made in the Online Store and a separate consent for marketing purposes. Consent to entrust data processing for marketing purposes is voluntary.

 

Personal data are protected in accordance with the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 1997, No. 133, item 883, as amended) in a manner that prevents access by third parties.

 

The administrator is also the controller of the personal data.

 

Customers have the right to inspect their personal data, correct it and request its deletion. In order to do so, the Customer should contact the Data Controller at the following e-mail address: info@kids.org.pl or by phone at 576 333 578.


X. Final provisions


Users may contact the Seller as follows:

● phone: 576 333 578

● e-mail at: info@kids.org.pl

● in writing to the address K.I.D.S. Foundation Children's Hospital Innovators Club ul. Chmielna 73, postal code: 00-801, city: Warsaw.


Customers may access these Regulations at any time through the link provided on the main page of the Przytul Wilka online store. The Regulations may be recorded, obtained and reproduced by printing them out or saving them on a suitable data carrier.


The name of the Przytul Wilka online store, the address of the website at which it is available: sklep.przytulwilka.pl and all materials contained therein are subject to copyright and legal protection. The use and distribution of them without the consent of the owner of the store is prohibited.


These Regulations shall enter into force as of the date of their publication on the Website of the Online Store.


The Administrator reserves the right to make changes to the Regulations for important reasons, in particular, such as: changes in the methods of payment and delivery, changes in the scope, payment or form of services provided, changes in the Administrator's data - to the extent that these changes affect the implementation of the provisions of these Regulations.


Customers with an account in the Store will be informed of the change in the Regulations by e-mail correspondence.


If there has been a change in the Store Regulations during the time that has elapsed since the last login, the customer accepts its provisions, or not, after the changes. If the Customer does not accept the terms of the Regulations, especially after the amendments, shopping in the Online Store is not possible.


A Customer who does not accept the changes introduced in the Regulations is entitled to delete their account at any time.


Orders placed during the validity of the previous version of the Regulations will be carried out in accordance with the existing provisions. If the User does not agree with the changes to the Rules and Regulations, they may delete their Account.


In matters not regulated by these Regulations, the relevant provisions of the law in force in the territory of the Republic of Poland shall apply, in particular: the Act of April 23, 1964 - Civil Code (Journal of Laws No. 16, item 93 as amended), the Act of May 30, 2014 on consumer rights, the Act of August 29, 1997 on Personal Data Protection (consolidated text: Journal of Laws of 2002 No. 101, item 926 as amended).



With respect to contracts concluded with Customers who are entrepreneurs and who have their registered office outside the Republic of Poland, in matters not regulated by these Regulations, only the relevant provisions of the law in force in the territory of the Republic of Poland shall apply.


With regard to contracts concluded with Customers who are consumers having their habitual residence outside the borders of the Republic of Poland, only the relevant provisions of the law in force on the territory of the Republic of Poland shall apply to matters not regulated by these Regulations. 


However, the application of the relevant legal provisions in force on the territory of the Republic of Poland shall not deprive the consumer of the protection granted to them under the provisions that cannot be excluded by Contract, under the law that is in force on the territory of the country in which the consumer has their habitual residence.



Disputes arising from the application of these Regulations and in connection with the performance of the concluded contract between the Service Provider and the Customers, shall be considered by the Court having jurisdiction according to the provisions of the material and local jurisdiction in accordance with the Act of November 17, 1964 Code of Civil Procedure (Journal of Laws No. 43 item 296, as amended).