TERMS AND CONDITIONS OF KIDOBIKES.PL
- KIDO Tomasz Dyła, with its registered office in Warsaw, address: 00-511 Warszawa, ul. Nowogrodzka 10, office number 7, entered into the Business Activity Central Register and Information Record (CEIDG), REGON 360419332, NIP 7262423018, allows Customers to purchase goods using electronic networks (Internet) – using the Web address: www.kidobikes.pl (“STORE”). The STORE’s customers’ personal data is managed by KIDO Tomasz Dyła, with its registered office in Warsaw, address: 00-511 Warszawa, ul. Nowogrodzka 10/7.
- These Terms and Conditions are meant for all STORE users, and define the rules for registering and using a STORE account, the rules for making electronic reservations for goods available in the STORE (“GOODS”), placing orders in the STORE, and rules for concluding agreements of the sale of GOODS.
- Access to the Terms can be obtained at any time by clicking the “Terms and Conditions” link provided on the STORE page.
- Information on the Goods in the Store, such as. descriptions and prices are an invitation to enter into a sale agreement within the meaning of art. 71 of the Civil Code., in accordance with the Terms and Conditions.
- Goods in the Store are marked in detail. The website contains information in particular about the characteristics of the Goods, their price, and the material from which they are made.
- Photos and presentations of the products offered are intended for the presentation of the specific models of goods indicated on them.
- Kido enables Customers to conclude sales contracts for Goods through the Internet and provides other services provided by these Terms and Conditions.
- The contract of sale of goods is concluded between the Store user (“CUSTOMER”) and KIDO Tomasz Dyła with its registered office in Warsaw.
- The information given by the Customer in the course of the order should be truthful, up to date and accurate. KIDO Tomasz Dyła reserves the right to refuse to process sny order, in case the data are so inaccurate, that it prevents the completion of the contract, in particular the delivery of the Goods. Before refusing to process the order KIDO Tomasz Dyła will attempt to contact the Customer to determine the data to complete the order.
- The Store shall take all possible and prescribed technical and organizational measures to protect the personal data of Customers, in particular to prevent the unauthorized gain or modification of data provided during registration.
- A customer who has used the Store is obliged to:
- Not submit content that is prohibited by law;
- Use the Store in a way that does not distort its functioning;
- Not distribute or publish incorrect commercial information;
- Use the Store in a manner that is unobtrusive for other customers and for the Store Administrator;
- Use any information on the Store pages for their own use.
THE CONCLUSION OF THE CONTRACT OF SALE:
- The store allows Customers to place orders for Goods in the following manner:
- on the Store website (online), using the order procedures,
- by phone, by contacting the call center phone number: + 48 603 55 44 22,
- by electronic mail, by submitting the order containing the indication of the selected Goods to the following e-mail address: [email protected]
- The Store accepts orders online 24 hours a day, seven days a week. Orders made by phone and by e-mail are accepted on working days from Monday to Friday from 9 am to 5 pm. Orders placed on Saturdays, Sundays, and public holidays will be processed on the first working day following the day on which the order was placed.
- The Customer can place an order without having to permanently record their data in the Store (shopping without registration).
- A condition of the order is filling out the form with all the required data necessary for shipment or to generate an invoice or a fiscal receiptl.
- In order to place an order, the Customer has to select the Goods in the Store, in particular their quantity, color and size, and then proceed to “Cart” and continue the ordering process by selecting the appropriate options.
- Until the Goods are selected with the “Complete the order” button, the Customer has the opportunity to make changes and modifications to the Goods in the order as well as the shipping details for the shipment or invoice. Accepting the order by using the “Complete the order“ button is equivalent to accepting the obligation to pay the price of the Goods and the cost of their delivery, which the Customer is informed of immediately prior to approval of the order.
- Approval of the order by the Customer in accordance with point 6 above is the offer of the Customer submitted to KIDO Tomasz Dyła regarding the conclusion of the contract of sale, in accordance with the content of the order, hereby and the Terms.
- At the time of placing the order in accordance with paragraph 6 above, the Customer will receive a message containing the details of the order placed, the number of Goods ordered, the value of the order, the type of delivery and payment, and the Customer’s contact details. The above email message confirms receipt of the Customer’s purchase offer by the Store.
- The Store sends a confirmation of acceptance or refusal to accept the Customer’s offer electronically or by telephone (“Confirmation of delivery and dispatch of the order”) or refusal to accept the Customer’s offer, at the email address indicated by the Customer. After receiving the aforementioned confirmation, a contract is concluded between the Customer and KIDO Tomasz Dyła of the sale of goods ordered by the Customer.
- The sales contract is concluded in Polish, with the content in accordance with these Terms and the order placed by the Customer.
- Without prejudice to the Customer’s right to withdraw from the contract in accordance with applicable law, the Customer may cancel the order prior to receipt of the acceptance of the purchase offer by the Store, i.e. before receiving an email confirming the acceptance of the order referred to in item 9 above. In this case, the Customer should contact the Store immediately, including contact by phone, with an email confirmation.
- The Store reserves the right to refuse to perform an order under the sales contract if: (i) the Buyer’s contact details are so imprecise as to prevent the delivery of the goods, (ii) the transaction has not been authorized in the Dotpay.pl electronic payment system or (iii) payment for the order has not been paid within 2 working days of placing the order.
- The store allows Customers to place orders for Goods in the following manner:
DELIVERY AND RECEIPT OF GOODS
- Goods are delivered to the address indicated by the Customer in the order. The estimated delivery date of the Goods is specified in the Delivery | Payment on the Store page.
- Estimated time of delivery to the Customer when choosing a courier delivery is 1 working day from the day following delivery. The total and maximum delivery time of the order should not exceed 7 working days and shall in no case exceed 20 days from the date of conclusion of the contract of sale. Commencement of order fulfillment may be delayed until the payment is received by the Store (and, if applicable, shipping costs), if the Customer chooses online prepayment as the payment form (i.e. through DotPay or a regular Internet transfer).
- Goods are delivered to the address indicated in the territory of the Republic of Poland by the shipping company DPD Polska LLC. The charges for the delivery of products are indicated in the order submission process.
- All parcels are delivered by an insured courier service.
- Orders over 300.00 (say: three hundred) PLN are shipped at the expense of the Store. Otherwise, the cost of shipment of purchased goods is 16.00 (in words: sixteen) or 22.00 (in words: twenty two) PLN in case of cash on delivery, is paid by the Customer, who is informed of this fact before the order is accepted. Each item is accompanied by proof of purchase (receipt or VAT invoice).
- Delivery of purchased goods takes place only in Poland.
- For the processing of the orders referred to in paragraph 6 above, the rules of these Terms apply, with the following modifications:
- The time of the processing of the order depends on the place of delivery of the goods, but it does not normally exceed 7 working days from the date of acceptance of the order.
- Delivery of goods will be made exclusively through the DPD courier company.
- Payment for goods can be made using online payment tools, traditional bank transfer or cash on delivery.
- The costs of return of goods after the withdrawal from the sales contract are covered by the Customer.
PRICES AND PAYMENT METHODS
- Information on the purchase price of the goods shown on the Store’s website is binding from the moment the Customer receives an email confirming acceptance of the order placed by the Customer for the purchase of selected Goods indicated in point II, section 9. The above price will not change regardless of the price changes in the Store, which may appear after the order confirmation in the email.
- The prices of the products in the shop are in Polish zloty and contain all its elements, including VAT, customs and taxes.
- The Customer pays the price for the ordered Goods together with delivery costs, at their own choice:
- by bank transfer, via electronic payment in the Dotpay.pl payment system before delivery. If the Customer chooses to pay by a prepaid payment method, no payment to the KIDO Tomasz Dyła account or transaction intermediaries (Dotpay.pl) within 2 days of placing the order will result in its cancellation. In this case, the Customer may place the order again and choose another form of payment. Execution of orders paid by bank transfer or credit card begins after the payment for the goods is received,
- by traditional bank transfer. The order is processed after the payment has been received in the Store account. Failure to receive the funds will result in the order being canceled.
- cash on delivery, or cash paid to the courier when the order is received.
- KIDO Tomasz Dyła reserves the right to change the prices of goods in the Store, to introduce new goods for sale, to carry out promotional campaigns on the store pages, or to make changes to them in accordance with the Civil Code and other laws, without altering the rights of persons who have entered into a contract of sale of goods offered by the Store before the above mentioned changes or rights of persons entitled to take advantage of the discount, in accordance with its rules and during its term.
- Settlements of credit card transactions and e-money transfers are conducted through Dotpay.pl. After choosing Dotpay as a payment method, the Customer will be redirected to the Dotpay payment form and the payment can be made after the Customer has accepted the terms and conditions of this form of payment provided by Dotpay.pl as a settlement agent.
- Products offered in the shop are brand new and original. KIDO Tomasz Dyła is responsible for the physical or legal defects of the Goods under Art. 556, and next, of the Civil Code.
- KIDO Tomasz Dyła takes steps to ensure the proper functioning of the Store, to the extent that it is based on current technical knowledge, and undertakes to remove, within a reasonable time, any irregularities reported by the Customer.
- Any item bought in the store can be returned in accordance with the terms and conditions of the complaint specified in the relevant legal regulations, if it has defects that are not compliant with the sales contract.
- Complaints can be made by mail by returning the goods together with a written description of the defect or a complaint form downloaded from the Store and proof of purchase in the Store, by registered mail or another form of consignment, to: Sklep Internetowy Kidobikes.pl ul. Nowogrodzka 10/7, 00-511 Warszawa, with a note: „KIDO – reklamacja”. The Customer will receive information about how the complaint will be handled within 14 days counted from the day following receipt of the item containing the advertised goods.
- If the Goods have defects, the Customer shall have the following claims under Art. 556 and Art. 561 Civil Code:
- submit a statement of withdrawal or reduce the price of the Goods, unless the Seller promptly and without excessive inconvenience to the Buyer will replace the Goods free of defects or defects will be removed; or
- request the replacement of the Goods for ones free from defects or the removal of a defect.
- In the case of rejection of the complaint, the goods will be sent back along with an opinion as to the illegitimacy of the complaint.
- In the event of the Customer noticing damage suffered during the transportation, it is recommended that the Customer prepare a Shipping Damage Report in the presence of the courier.
RETURNS OF GOODS – WITHDRAWAL FROM THE SALE AGREEMENT
- A Customer who is a consumer within the meaning of the applicable law has the right to withdraw from the sales contract without giving a reason, as described below.
- The deadline to withdraw from the contract of sale of goods shall be 14 days from the date on which the Customer took possession of the Goods, or a third party other than the carrier and indicated by the Customer came into possession of the Goods.
- To exercise their right of withdrawal, the Customer should inform the Store of their decision to withdraw from the contract by a clear statement (for example, a letter sent by post or email) sent to: Sklep Internetowy Kidobikes.pl ul. Nowogrodzka 10/7, 00-511 Warszawa.
- Customers can use the withdrawal form template, which is available on the Store Returns page, but this is not mandatory. Customers may also complete and submit a withdrawal form or any other explicit statement by e-mail to the following email address: [email protected] If the Customer takes advantage of this opportunity, the Store will send a receipt of withdrawal information on a durable medium to the Customer immediately (for example, by email).
- In order to maintain the withdrawal period, it is sufficient for the Customer to send information concerning the exercise of his right to withdraw from the contract before the expiry of the withdrawal period.
- Customer returns Goods for which the following withdrawal from the agreement refers to the following postal address: Magazyn KIDO Al. Krakowska 106, 02-256 Warszawa promptly and in any event no later than 14 days from the date on which they informed the Store of the withdrawal from this contract. The deadline is met if the customer returns the item before the deadline of 14 days.
- The Customer will bear the direct cost of returning the item.
- In the event of withdrawal, the Store shall return to Customer all payment received, including the cost of delivery of the item (except for the additional costs resulting from the method chosen by Customer to provide other than the cheapest delivery method offered by the Store) immediately and in any event no later than 14 days from the date on which the Store was informed of the Customer’s decision to exercise the right of withdrawal.
- Payment will be returned using the same payment methods as used by the Customer in the original transaction unless the Customer expressly agrees otherwise; In each case; in any case the Customer will not incur a charge in connection with this return. The Store may withhold payment until the item is received or until the Customer delivers a proof of return to the Store, whichever comes first.
- Customers are only responsible for reducing the value of Goods returned as a result of using them in a way that is not necessary to establish the nature, character, and functioning of the Goods.
- The customer can also return the goods free of charge after the exercise of the right of withdrawal by delivering the goods to the store’s warehouse at Al. Krakowska 106, 02-256 Warsaw.
INFORMATION REGARDING SERVICES PROVIDED ELECTRONICALLY
- The Store provides the following services to Customers by electronic means:
- Enabling the online sale of goods in the Store in accordance with these Terms and Conditions,
- Sending commercial communication relating to goods
- The Customer is entitled to withdraw from the sale of goods in accordance with the applicable laws and regulations specified in these Terms. In addition, the Customer is entitled at any time to demand the Store to cease the provision of services indicated in Section 1 b) above.
- The technical terms and conditions of the service provided by the Store are as follows:
- Internet access,
- Using a web browser which allows the editing of hypertext documents (such as Internet Explorer, Opera, Firefox or similar),
- Having an email account.
- Complaints regarding the services provided by the Shop by electronic means can be submitted by sending a complaint to the email address of the Customer Service ([email protected]) or by phone (tel: 603 55 44 22). Customer’s complaint should include the Customer’s name and a brief description of the complaint. The Store will make every effort to process complaints as soon as possible, but no later than 14 days after receipt of the complaint by the Store. The Customer will be informed about the method of complaint handling through a method of Customer’s choice, either by phone or by email.
- The Store provides the following services to Customers by electronic means:
- Personal data provided by the Customer during registration in the Store are processed by KIDO Tomasz Dyła solely for the purpose of processing orders, and may also be processed for marketing purposes, if the Customer expresses their consent in a separate statement. The customer has the right to supplement, update, and rectify personal data, to temporarily or permanently withhold the processing or to request to remove them, if they are incomplete, outdated, inaccurate or have been collected in violation of the law or are no longer necessary to fulfill the purpose for which they were collected, and the right to object to the processing of personal data for marketing purposes.
- Failure to accept the provisions of these Terms and Conditions prevents the purchase of the Goods offered by the Store. The Store will enable the Customer to read the Terms and Conditions when ordering.
- The Polish law applies to the sale of products in the Store. The contract is concluded in Polish.
- In cases not governed by these Terms, the provisions of the Civil Code or other legislation applicable to the activity and functioning of the shop shall apply accordingly.
- The court responsible for settling disputes is the local court in accordance with the applicable law.
- KIDO Tomasz Dyła reserves the right to amend these Terms at any time. Amendments to these Terms and Conditions apply to orders placed after the amendment of these Terms, subject to the provisions of paragraph 3 above.
- All trademarks and trade names in this store are the property of their respective owners and are used for informational purposes only.
- ADMINISTRATOR – means KIDO Tomasz Dyła with its registered office in Warsaw, address: 00-511 Warszawa, ul. Nowogrodzka 10, office number 7, entered into the Business Activity Central Register and Information Record (CEIDG), REGON 360419332, NIP 7262423018, which provides services electronically and stores and accesses information on the User’s devices.
- COOKIES – means IT data, in particular small text files, saved and stored on devices on which the User uses the Store’s web pages.
- ADMINISTRATOR’S COOKIES – means Cookies posted by the Administrator, related to the provision of services by the Administrator via the website.
- EXTERNAL COOKIES – means Cookies posted by the Administrator’s partners through the Website.
- WEBSITE – means the website or application using which the Administrator runs an internet service, operating in the domain: https://kidobikes.pl/.
- DEVICE – means an electronic device through which the User obtains access to the Website.
- USER – means an entity for which, according to the Terms and Conditions and regulations of law, services may be provided electronically or with which the Service Agreement may be concluded.
GENERAL PRINCIPLES FOR THE ADMINISTRATOR’S PROCEEDING WITH PERSONAL DATA OF USERS
- The Administrator does not sell or disclose personally identifiable information of Users to third parties without the Users’ explicit consent. The only case where we will be obligated to do so will be the request of a court, prosecutor’s office, the police or another legal body.
- Only with the User’s consent may the data provided by the User be used for marketing purposes.
- The User remains anonymous until they make their first purchase on the Website or complete the contact form on the Website. In these cases, certain contact details must be provided (electronically or in any other way) and then sent to the system.
- Making the purchase in the KIDO store and the simultaneous registration in the store are associated with expressing consent to the collection and processing of personal data within the meaning of the Act of 29 August 1997 on the protection of personal data (Journal of. of Laws from 2002. number 101, item 926 with further amendments). Of course, this information is used only for the purposes of order processing, including proof of sale (receipt or VAT invoice) and shipment of products. Consequently, KIDO store has the right to share the collected data with its trading partners only for the purpose of efficient execution of the order.
TYPES OF COOKIES USED
- The Cookies used by the Administrator are safe for Users’ devices. In particular, it is not possible for viruses or other unwanted software or malware to penetrate Users’ Devices. These files allow to identify the software used by the User and customize the Website for them. Cookies typically include the name of the domain they came from, their retention time on the Device, and the assigned value.
- The Administrator uses two types of cookies:
- SESSION COOKIES: are stored on the Users’ Device and remain there until the end of a given browser session. The stored information is then permanently deleted from the Device memory. The session cookie mechanism does not allow to download any personal information or confidential information from the User’s Device.
- PERMANENT COOKIES: are stored on the User’s Device and remain there until they are deleted. Ending a browser session or shutting down a device does not delete them from the Device. The permanent cookie mechanism does not allow to download any personal information or confidential information from the User’s Device.
- The Sser has the ability to limit or disable access of cookies to their devices. If the User uses this option, the use of the Website will be possible, except for functions that by their very nature require cookies.
INTENTIONS IN WHICH COOKIES ARE USED
- WEBSITE CONFIGURATION
- to customize the content of the Website to Users’ preferences and optimize the use of Website.
- to recognize the User’s device and its location and appropriately display content tailored to the Users’ individual needs.
- USER AUTHENTICATION ON THE WEBSITE AND USERS’ SESSION ON THE WEBSITE
- to maintain the User’s session (after logging in), thanks to which the User does not have to re-enter the login and password on each page of the Website;
- to correctly configure selected features of the Website, in particular verification of the authenticity of the browser session.
- to optimize and increase the efficiency of services provided by the Administrator.
- IMPLEMENTATION OF PROCESSES NECESSARY FOR FULL FUNCTIONALITY OF WEBSITES
- to customize the content of the Website to Users’ preferences and optimize the use of Website. In particular, these files allow the Administrator to recognize the basic parameters of the User Device and display a web page tailored to the Users’ individual needs;
- to correctly handle the affiliate program, in particular verifying the sources of redirection of Users on the Website.
- to enable the use of the “Cart” function in the Website.
- ANALYSIS AND RESEARCH, USER ASSESSMENT
- to create anonymous statistics that help the Administrator understand how the Website Users use the Website, so that the Administrator can improve its structure and content.
- ENSURING SAFETY AND RELIABILITY OF THE WEBSITE
- WEBSITE CONFIGURATION
- THE ADMINISTRATOR USES EXTERNAL COOKIES FOR THE FOLLOWING PURPOSES:
- to present multimedia content on the Websites, which is downloaded from an external website, such as YouTube.
- to collect general and anonymous static data through analytical tools such as Google Analytics.
- to present ads tailored to the User’s preferences using an online advertising tool such as Google AdSense.
- to enable signing in to the site using a social networking site such as Facebook.com.
- to enable use of interactive features to popularize the Website through social networking sites, such as Facebook.com, Pinterest.com.
- to present opinions and reviews on Website, which are downloaded from the external website, Ceneo.pl and Opineo.pl.
- to enable use of features to facilitate communication through the Website, which are downloaded from an external website, such as Live Chat.
POSSIBILITIES OF DETERMINING THE CONDITIONS OF STORAGE OR ACCESS ACCESS BY COOKIES
- The User can at any time change their cookie settings, specifying the terms of storing and accessing their Devices by Cookies. Changes to the settings referred to in the preceding sentence may be made through the web browser settings. These settings may be changed in particular in such a way as to block the automatic handling of cookies in the User’s web browser settings or to inform the User of each time they are stored on the Device. Detailed information on the capabilities and ways of handling cookies is available in the software settings (web browser).
- The user may at any time remove files cookies using the features available in the Web browser of their choice.