These Regulations define the general terms, conditions and manner of sales conducted by KAIKO Kamila Szczypior, with its registered office in Kraków, via the online shop www.kaiko.shop (hereinafter referred to as the "Online Shop") and specify the terms and conditions for the provision of free electronic services by KAIKO Kamila Szczypior, with its registered office in Kraków.
§ 1 Definitions
- Working days - means weekdays from Monday to Friday excluding public holidays.
- Delivery - means the actual act of supplying the Customer, through the Seller, with the Goods specified in the order.
- Supplier - means the entity with which the Seller cooperates in making the Delivery of Goods:
- courier company.
- Password - means a sequence of letter, digital or other characters chosen by the Customer when registering with the Online Shop, used to secure access to the Customer's Account with the Online Shop.
- Customer - means an entity to whom, in accordance with the Terms and Conditions and the law, electronic services may be provided or with whom a Sales Agreement may be concluded.
- Consumer - means a natural person making a legal transaction with a trader which is not directly related to his/her commercial or professional activity.
- Customer Account - means an individual panel for each Customer, launched on his/her behalf by the Seller, after the Customer has registered and concluded an agreement for the provision of the Customer Account service.
- Login - means an individual designation of the Customer, established by him/her, consisting of a sequence of letter, digital or other characters, required together with a Password to set up a Customer Account in the Online Shop. The Login is the Customer's correct e-mail address.
- Entrepreneur - means a natural person, a legal person or an organisational unit which is not a legal person but to which the law confers legal capacity, conducting in its own name a business or professional activity which is directly related to its business or professional activity.
- Rules and Regulations - means these rules and regulations.
- Registration - means an actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Shop.
- Stationary Store - means a place intended for serving customers
- Seller - means KAIKO Kamila Szczypior (NIP: 573 25 83 222, REGON: 365309909)
- Shop Website - means the website under which the Seller operates the Online Shop, operating on the domain www.kaiko.shop.
- Goods - means a product presented by the Seller via the Store's Website which may be the subject of a Sales Contract.
- Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to the Customer or the Seller in such a way that the information can be accessed in the future for a period of time appropriate to the purposes for which the information is used and which allows the unchanged reproduction of the stored information.
- Sales Contract - means a distance sales contract, on the terms set out in the Terms and Conditions, between the Customer and the Seller.
§ 2 General provisions and use of the Internet Shop
- All rights to the Online Store, including economic copyright, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logotypes placed on the Online Store Website (with the exception of logotypes and photographs presented on the Online Store Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use may be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.
- The Seller shall endeavour to make the use of the Online Shop possible for Internet users using all popular Internet browsers, operating systems, device types and Internet connection types.
- In order to place an order in the Online Store via the Store's Website and to use the services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.
- It is forbidden for the Customer to provide unlawful content and to use the Internet Shop, the Store's Website or free services provided by the Seller in a manner contrary to the law, good morals or violating personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may be related to the risk of obtaining and modifying Customers' data by unauthorised persons, therefore Customers should use appropriate technical measures to minimise the aforementioned risk. In particular, they should use anti-virus and identity protection software to protect the identity of those using the Internet. The Seller will never ask the Customer to provide the Password in any form.
§ 3 Registration
- In order to create a Customer Account, the Customer is obliged to register free of charge.
- Registration is necessary to place an order in the Online Shop.
- In order to register, the Customer should fill in the registration form made available by the Seller on the Shop's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
- When filling in the registration form, the Customer has the opportunity to read the Terms and Conditions by accepting their content by ticking the appropriate box in the form.
- During Registration, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the relevant box on the Registration form. In this case, the Seller shall clearly inform about the purpose of collecting the Client's personal data, as well as about the known or expected recipients of such data. Giving consent means, in particular, consent to receive commercial information from the Seller to the Customer's e-mail address provided in the registration form.
- The Client's consent to the processing of his/her personal data for marketing purposes does not condition the conclusion of the agreement with the Seller for the electronic provision of the service of maintaining the Client's Account. Consent may be withdrawn at any time by submitting an appropriate declaration of the Customer to the Seller on a durable medium. The declaration may, for example, be sent to the Seller's address via e-mail.
- After submitting the completed registration form, the Customer receives immediately, by e-mail to the e-mail address provided in the registration form, a confirmation of Registration by the Seller. At this moment, the agreement on electronic provision of the Customer's Account service is concluded, and the Customer gains the possibility to access the Customer's Account and make changes to the data provided during the Registration, with the exception of the Login.
§ 4 Procurement
- The information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit an offer to conclude a sales contract.
- The customer can place orders in the Online Shop via the Shop's Website 7 days a week, 24 hours a day.
- The Customer placing an order via the Store's Website completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the "ORDER" command under the given Goods presented on the Store's Website. After completing the whole order and indicating the delivery method and the form of payment in the "CART", the Customer places the order by sending the order form to the Seller by selecting the "BUY AND PAY" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the chosen Goods and Delivery, as well as all additional costs he/she is obliged to pay in connection with the Sales Contract.
- Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Contract for the Goods which are the subject of the order.
- Once an order has been placed, the Seller sends a confirmation of the order to the e-mail address provided by the Customer, together with information on the terms and conditions of the contract.
- Subsequently, upon confirmation of the order placement, the Seller sends to the e-mail address provided by the Customer information on acceptance of the order for processing. The information about accepting the order for fulfilment is the Seller's statement of accepting the offer referred to in §4 section 4 above and upon its receipt by the Customer the Sales Agreement is concluded.
- The customer may withdraw from the contract within 14 days of its submission, but this does not apply to personalisation services for goods.
§ 5 Payments
- The prices on the Website of the Store placed next to the given Goods are gross prices and do not include information on delivery costs and any other costs which the Customer will be obliged to incur in connection with the contract of sale, of which the Customer will be informed while selecting the manner of delivery and placing the order.
- The Customer may choose the following forms of payment for the Goods ordered:
- bank transfer to the Seller's bank account with a payment term of up to 7 days (in this case, the processing of the order will be initiated after the Seller has sent the Customer an order confirmation, and the shipment will be made immediately after the funds are credited to the Seller's bank account);
- bank transfer through an external payment system Dotpay, with a payment term of up to 7 days (in this case, the processing of the order will begin after the Seller has sent the Customer an order confirmation and after the Seller has received information from the Dotpay system that the Customer has made the payment);
- Credit card and e-transfer transactions are settled via Dotpay.co.uk.
§ 6 Delivery
- The Seller carries out Deliveries on the territory of Poland, and to countries of the European Union.
- The Seller is obliged to deliver the Goods subject to the Sales Contract without defects.
- The Seller shall include on the Shop's Website information on the number of Business Days required for Delivery and Order Processing.
- The Delivery and Order Fulfilment Period indicated on the Store's Website shall be calculated in Business Days in accordance with §5(2).
- The ordered Goods are delivered to the Customer via the Supplier at the address indicated on the order form.
- On the day the Goods are dispatched to the Customer, information confirming the dispatch by the Seller is sent to the Customer's e-mail address.
- The Customer shall examine the delivered parcel at the time and in the manner usual for parcels of a given type, in the presence of an employee of the Supplier. If any defect or damage to the consignment is found. The Customer shall also have the right to request an employee of the Supplier to write an appropriate protocol.
- The Seller shall, at the Customer's option, enclose with the consignment being delivered either a receipt or a VAT invoice covering the Goods delivered.
- In the event of the Customer's absence at the address provided by the Customer when placing the order as the Delivery address, an employee of the Supplier will leave a postcard or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Shop by the Supplier, the Seller will contact the Customer by email or telephone, re-arranging with the Customer the date and cost of Delivery.
§ 7 Returns
- The Customer, pursuant to Article 27 of the Consumer Law, has the right to withdraw from a contract concluded at a distance, without stating a reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
- Notification of the wish to return the goods is made by contacting the Seller via e-mail email@example.com and returning the goods to the address indicated in the response to the notification.
- The deadline for withdrawal from a distance contract is 14 days from the delivery of the item, and sending the declaration before the deadline is sufficient to meet the deadline.
- The Customer may submit a declaration of withdrawal on a form, a specimen of which is attached as Appendix No. 2 to the Consumer Law, on the form available at the following address http://www.wiedza.pl/public/assets/returnform.pdf or in another form in accordance with the Consumer Law.
- The Seller shall promptly confirm to the Customer by e-mail (specified at the conclusion of the contract and other if specified in the declaration submitted) the receipt of the declaration of withdrawal.
- In the event of withdrawal, the contract shall be deemed not to have been concluded.
- The goods should be returned immediately in unaltered condition.
- The customer is obliged to pack the returned goods in a way that prevents them from being damaged during delivery.
- The goods can be returned directly at the Seller's premises or by sending the goods to the Seller's address: KAIKO Kamila Szczypior, 31-514 Kraków, Al. Pułkownika Władysława Beliny-Prażmowskiego 49a/9.
- The Customer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he or she withdrew from the contract. To meet the deadline it is sufficient to send the item back before its expiry.
- The customer shall send back the goods which are the subject of the contract from which he has withdrawn at his own expense and risk.
- The customer shall be liable for any diminution in the value of the thing which is the subject of the contract and which is the result of using it in a manner which goes beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
- The Seller shall immediately, no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract submitted by the Customer, return to the Customer all payments made by the Customer, including the costs of delivery of the item, and if the Customer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not reimburse the Customer the additional costs in accordance with Article 33 of the Consumer Law.
- The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of payment that does not involve any costs for the Customer. If a refund is required for a transaction made by the Customer by payment card, the Seller shall make the refund to the bank account assigned to the Customer's payment card.
- The seller may withhold the refund of the payment received from the customer until it has received the item back or the customer has provided proof of its return, whichever event occurs first.
- The Customer, in accordance with Article 38 of the Consumer Law, shall not have the right to withdraw from the contract: in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiry of the term of withdrawal; in which the subject of the performance is a non-refabricated item, produced to the consumer's specification or serving to meet his individualised needs; where the object of the performance is a perishable item or an item with a short shelf life; where the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; where the object of the supply is an item which, by its nature, becomes inseparably attached to other items after delivery; where the object of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal; for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
§ 8 Warranty
- The Seller shall ensure Delivery of Goods free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods have a defect the Customer may:
- make a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the Goods with defect-free Goods or remove the defects. The Client may, instead of rectification of defects proposed by the Seller, demand replacement of the Goods with goods free from defects or, instead of replacement of the Goods, demand rectification of defects, unless bringing the Goods into conformity with the agreement in a manner selected by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, type and significance of the defect found shall be taken into account, as well as inconvenience to which the Customer would be exposed by another way of satisfaction.
- demand to replace the Defective Goods with defect-free Goods or to remove the defect. The Seller shall be obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience for the Customer.
The Seller may refuse to satisfy the Customer's request if bringing the defective Goods to conformity with the Sales Agreement in a manner chosen by the Customer is impossible or would require excessive costs compared to the other possible manner of bringing them to conformity with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
- make a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect.
- The Customer who exercises the warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
- The Seller shall be liable under the warranty if a physical defect is discovered before the lapse of two years from the delivery of the Goods to the Customer. The claim for rectification of the defect or replacement of the Goods with defect-free Goods shall become time-barred after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Contract of Sale or make a declaration of price reduction due to a defect in the Goods. If the Customer has requested replacement of the Goods with defect-free ones or removal of the defect, the time limit for withdrawal from the Contract of Sale or submission of a declaration of price reduction shall commence upon ineffective expiry of the time limit for replacement of the Goods or removal of the defect.
- The Seller disclaims any liability under warranty with regard to Entrepreneurs.
§ 9 Complaints
- Any complaints relating to the Goods or the performance of the Sales Contract, the Customer may address in writing to the Seller's address.
- The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint about the Goods or the complaint relating to the performance of the Sales Contract submitted by the Customer.
- The Customer may submit a complaint to the Vendor in relation to the use of free services provided electronically by the Vendor. A complaint may be submitted in an electronic form and sent to photoalbums [at] kaiko.shop. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with an answer.
§ 10 Guarantee
- Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or a distributor.
§ 11 Free of charge services
- The Seller provides services to Customers, by electronic means, free of charge:
- Contact form 'Write to us';
- Maintenance of the Customer Account;
- Posting of opinions.
- The services specified in §11.1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.
- The Contact Form service consists of sending a message to the Seller using a form on the Store's Website.
- Cancellation of the free of charge Contact Form service, is possible at any time and consists of ceasing to send enquiries to the Seller.
- The Newsletter service may be used by each Customer who enters his/her e-mail address, using the registration form made available by the Seller on the Shop website. After submitting the completed registration form, the Customer will immediately receive an e-mail confirmation from the Seller at the e-mail address provided in the registration form. At this moment a contract for electronic provision of Newsletter service is concluded.
The customer may additionally tick the appropriate box in the registration form during Registration to subscribe to the Newsletter.
- Newsletter service consists of sending by the Seller, to an e-mail address, a message in electronic form containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who subscribed to it.
- Each Newsletter addressed to the Customers in question contains, in particular: information about the sender, a filled-in "subject" field, defining the content of the item and information about the possibility and manner of cancelling the free Newsletter service.
- The Customer may unsubscribe from the Newsletter at any time by means of an unsubscribe link included in each email sent as part of the Newsletter service or by activating the relevant field in the Customer Account.
- The Customer Account service is available after registration according to the rules described in the Terms and Conditions and consists of providing the Customer with a dedicated panel on the Store's Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.
- A Customer who has made a Registration may submit a request for deletion of the Customer Account to the Seller, whereby in the event of a request for deletion of the Customer Account by the Seller, it may be deleted up to 14 days after the request.
- The Opinion Posting Service consists of enabling the Seller, Customers who have a Customer Account, to publish on the Shop's Website individual and subjective statements made by the Customer about the Goods in particular.
- Cancellation of the posting service is possible at any time and consists of the discontinuation of the content posted by the Customer on the Shop's Website.
- The Seller is entitled to block access to the Customer's Account and free services if the Customer acts to the detriment of the Seller or other Customers, if the Customer violates the provisions of law or the provisions of the Terms and Conditions, and also when blocking access to the Customer's Account and free services is justified by security reasons - in particular: breaking security of the Store's Website by the Customer or other hacking activities. Blocking access to the Customer's Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer's Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer's Account and free services by e-mail to the address provided by the Customer in the registration form.
§ 12 Liability of the customer with regard to content posted by the customer
- By posting content and making it available, the Customer is voluntarily distributing the content. The posted content does not express the views of the Seller and should not be equated with the Seller's business. The Vendor is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
- The customer declares that:
- is entitled to use the author's economic rights, industrial property rights and/or rights related to - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that comprise the content;
- the inclusion and disclosure of personal data, images and information concerning third parties within the scope of the services referred to in §11 was carried out legally, voluntarily and with the consent of the persons concerned;
- agrees that the published content may be viewed by other Customers and the Seller, and authorises the Seller to use the content free of charge in accordance with these Terms and Conditions;
- consents to the development of works within the meaning of the Act on Copyright and Related Rights.
- The customer is not entitled to:
- to include in the use of the services referred to in §11 personal data of third parties and to disseminate images of third parties without the legally required authorisation or consent of the third party;
- to include advertising and/or promotional content in the use of the services referred to in §11.
- The Seller shall be liable for the content posted by Customers provided that it has received notification in accordance with §13 of the Terms and Conditions.
- It is forbidden for Customers to post content as part of the use of the services referred to in §11, which could in particular:
- be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties;
- infringe any third party rights, including those related to copyright protection and related rights, protection of industrial property rights, business secrets or those related to confidentiality obligations;
- be offensive or threatening to other persons, or use offensive language (e.g. profanity or expressions which are generally regarded as offensive);
- be contrary to the interests of the Seller;
- otherwise violate the provisions of these Terms and Conditions, good morals, applicable laws, social norms or customs.
- In the event of receipt of a notification pursuant to §13 of the Terms and Conditions, the Seller reserves the right to modify or delete content posted by the Customers as part of their use of the services referred to in §11, in particular as regards content which, based on reports from third parties or relevant authorities, has been found to violate these Terms and Conditions or applicable laws. The Seller shall not carry out on-going control of the posted content.
- The Customer agrees that the Seller may use the content posted by the Customer as part of the Shop Website free of charge.
§ 13 Reporting threats or violations of rights
- If the Customer or any other person or entity considers that the content published on the Store's Website violates their rights, personal rights, good morals, feelings, morality, beliefs, principles of fair competition, know-how, a secret protected by law or under an obligation, they may notify the Seller of the potential infringement.
- When notified of a potential infringement, the Seller shall take immediate action to remove from the Store's Website the content causing the infringement.
§ 14 Protection of personal data
- The administrator of the Customers' personal data provided voluntarily to the Seller within the framework of Registration, placing a one-time order and within the framework of the Seller's provision of electronic services or within the framework of other circumstances specified in the Terms and Conditions, is the Seller.
- The Seller processes the Customers' personal data for the purpose of processing orders, providing electronic services by the Seller and other purposes specified in the Terms and Conditions. The data is processed only on the basis of the provisions of law or the consent expressed by the Customer.
- The collection of personal data provided to the Vendor shall be reported by the Vendor to the General Inspector for Personal Data Protection.
- The personal data provided to the Seller is provided to the Seller voluntarily, with the proviso, however, that failure to provide the data specified in the Terms and Conditions during the Registration process makes it impossible to register and set up a Customer Account and makes it impossible to place and process a Customer order, in the case of placing an order without registering a Customer Account.
- Anyone who provides the Seller with their personal data has the right to access and correct it.
- The Seller provides the possibility to remove the personal data from the stored collection, in particular in case of deletion of the Customer's Account. The Seller may refuse to remove personal data if the Customer has not paid all amounts due to the Seller or has violated applicable laws, and the retention of personal data is necessary to clarify these circumstances and establish the Customer's responsibility.
- The seller protects the personal data provided to it and makes every effort to protect it from unauthorised access or use.
- The Seller transfers the Customer's personal data to the Supplier to the extent necessary for the Delivery.
§ 15 Final provisions
- The Seller shall be liable for non-performance or undue performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller shall only be liable in the case of intentional damage and within the limits of the actual losses incurred by the Client who is an Entrepreneur.
- The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the Store's Website.
- In the event of a dispute arising from a concluded Contract of Sale, the parties shall seek to resolve the matter amicably. Polish law shall govern all disputes arising under these Terms and Conditions.
- Any Customer may make use of out-of-court means of dealing with complaints and claims. In this respect, mediation can be used by the Customer. Lists of permanent mediators and existing mediation centres are provided and made available by the Presidents of the relevant District Courts.
- The Seller reserves the right to amend these Terms and Conditions.
All orders accepted by the Seller for fulfilment prior to the effective date of the new Terms and Conditions are fulfilled on the basis of the Terms and Conditions that were in force on the day the Customer placed the order. The change of the Terms and Conditions comes into force within 7 days from their publication on the Store's Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into force about the change of the Terms and Conditions by means of a message sent via e-mail containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, he/she is obliged to inform the Seller about this fact, which results in termination of the contract in accordance with the provisions of §15.
- The regulations shall enter into force on 14 February 2019.