THE BY-LAWS OF INTERNET SHOP KAOLA-KID.PL
This by-laws (hereinafter the „By-laws”) is applicable to shopping and services rendered by means of the web page www.kaola-kid.pl (hereinafter the „Web page”). This By-laws does neither exclude nor limit any rights of consumers’ granted to them upon the statutory law.
- General provisions
1.1. Contracts concluded through the Web page are made in polish and are subject to the polish law. The seller Moogo Sp.z o.o with its seat in Warsaw, ul. Puławska 94/3, 02-620 Warszawa, registered under National Court Register number 0000592102 (hereinafter the „Seller”). Person, who concluded binding sale contract by means of the functionality of the Web page, in accordance to this By- laws, is the buyer (hereinafter the „Buyer”).
- Conclusion of the contract, prices and delivery costs
2.1 By means of clicking ORDER button placed on the Web page, binding order for products offered on the Web page is placed. The Seller, without any undue delay, sends to the e-mail address as provided by the person placing the order, confirmation of the placement of the order including at least statement regarding receiving of the binding order, acceptance of the order for execution and confirmation of conclusion of the sale contract. The conclusion of the sale contract occurs in the moment of receiving of the above confirmation by the person placing the order.
2.2 Products purchased on basis of sale agreement shall be dispatched after payment of full price and all costs of delivery by the Buyer, subject to the following provisions of this By – laws.
2.3 Prices provided for in the Web page in the moment of placement of the order are applicable. The prices are provided in polish zloty (PLN) and include VAT tax in currently binding value. The Buyer is informed about total price of purchased products, costs of delivery and/or about any other applicable costs during the process of placement of the order.
2.4 Ownership of the products shall be transfered onto the Buyer in the moment of payment of the total price and any other costs.
3.1 The Seller enables provides to the Buyer the following means of payments: payment by bank wire transfer to the account of the Seller as provided for in the Web page, payment by payment card, payment by means of Przelewy24.pl and/ or PayPal.
3.2 Settlements of transactions made by means of Przelewy24.pl are maintained by company PayPro S.A. with seat in Poznań, ul. Kanclerska 15, 60-327 Poznań, registered under National Court Register under number KRS 0000347935.
3.3 Settlements of transactions made by means of PayPal are maintained by company PayPal (Europe) S.à r.l. et Cie, S.C.A. (registered at R.C.S. Luxembourg under no. B 118 349), postal address Luxembourg, L-2449.
3.4 All costs of financial transaction shall be borne by the Buyer.
3.5 The Buyer is obliged to make payments within 7 calendar days from the day of conclusion of the sale agreement. The day of crediting bank account and/or settlement account of the Seller shall be deemed as the day of the payment.
4.1 The Seller executes deliveries exclusively within the territory of Poland. Deliveries are payable in amount as provided on the Web – page and established in the moment of placement of the order by conclusion of the sale contract.
4.2 Deadline of delivery shall be established in the moment of placement of the order and in the sale contract. Deadline of delivery is calculated in business days, i.e. days from monday to friday inclusively, with exception to work- free days under statutory provisions (hereinafter „Business days”). In the event of delivery of products delivered in various deadlines, delivery deadline is the most distant deadline.
4.3 Delivery deadline is commenced from the day of crediting of the bank account and/or settlement account of the Seller and amounts to 5 Business days.
- 1 The Seller is obliged to provide the Buyer with products free of any defects. The Seller is liable against the Buyer under the warranty claim as specified in art. 556 and following of the Civil Code Act dated 23 April 1964 and on basis of other statutory binding provisions.
5.2 Any warranty claims regarding products purchased on the Web- page, delivery of products and/ or functionality of the Web – page may be delivered in writing to the address of the seat of the Seller and/ or per e-mail to firstname.lastname@example.org.
5.3 The Seller, in purpose of faciliation and speeding up consideration of claims, advises that claim includes information regarding object of the claim, kind, moment of occuring of the defect, content of the warranty claim, in particular demand to ensure conformity of the product with condition according to the sale contract, declaration regarding decreasing of the price, and or rescicion of the sale contract, contact data of the person submitting the warranty claim.
5.4 The Buyer, executing his rights under the warranty, is obliged bear cost of delivery of the defect product to the address of the seat of the Seller and/ or to granting Seller access to the defect product if delivery thereof would be excesively complicated due to its kind and/or manner of its instalation.
5.5 The warranty claim shall be considered within 30 calendar days from the day of submission thereof. Lack of response to the claim by the Seller within the prescribed deadline shall be deemed as acceptance of the claim.
5.6 Warranty claim does not cover in particular, but not limited to, damages derived from natural use, mechanical damages derived from using of products, damages occuring due to lack and/ or inapropriate maintenance, damages occuring due to use inconsistent with purpose of product, discoloration, convenience, drenching (unless description indicate product as water- repellent).
- Right to rescind from the contract
6.1 The Buyer, who in the meaning of the law is consumer, and who concluded remote sale contract with the Seller, is entitled to rescind from the contract without any reasons within 14 calendar days. Deadline commences from the day, when the Buyer and/or person indicated by the Buyer not being delivering party acquired posession of the goods. In the event of separate, sequential and/ or partial delivery the deadline lapses with the moment of acquiring of posession of the last of the product, last sequence and/ or last part of the product.
6.2 For the purpose of effective execution of right to rescind from the contract sufficient is that written statement of rescision from the contract is delivered, in particular in writing, to the address of the seat of the Seller and/ or by means of the e-mail, to the e-mail address email@example.com, before the lapse of the deadline to rescind from the contract.
6.3 For the purpose of submitting statement of rescision from the contract, the Buyer may use the following form of rescision:
SPECIMEN OF FORM OF RESCISION FROM THE CONTRACT
(this form shall be filled in and sent in the event of intent to rescind from the contract)
Adressee: www.kaola-kid.pl; Moogo Sp.z o.o with seat in Warsaw, ul. Puławska 94/3, 02-620 Warszawa National Court Register number KRS 0000592102; www.kaola-kid.pl firstname.lastname@example.org
I/ We (*), hereby inform about mine/ our (*) rescision form the contract of sale of the following items (*)
– deadline of conclusion of the contract (*)/ receiving (*)
– name and surname of the consumer/ -s
– address of the consumer/ -s
– signature of the consumer/ -s (only if the form is made on paper)
(*) delete inapropriate
6.4 The Seller shall be obliged immediately, but not later than within 14 calendar days from the day of receiving of the Buyer’s rescision of the contract, to restore to the Buyer all payments made by the Buyer, including costs of delivery of the product (excluding delivery costs derived from Buyer’s selecting delivery other than the cheapest, ordinary delivery manner enabled on the Web page). Restoring of the payment shall occur in the same manner as made by the Buyer, unless the Buyer explicitly consented to other manner of payment. The Seller may refrain from restoring of the payment until moment of receiving of the product or delivery of confirmation of its sending to the Seller depending on which of these events occurs first.
6.5 The Buyer is obliged immediately, but not later than within 14 calendar days from the day of rescinding from the contract, to send the product back to the Seller. The deadline shall be deemed as kept if the product is sent before lapse thereof. The Buyer shall send the product back to the address of the seat of the Seller.
6.6 The Buyer is liable for decreasing of the value of the product derived from use of the product exceeding to establishing purpose, attributes and functioning of the product.
6.7 The Buyer shall bear following costs related to rescision from the contract: (i) direct costs of sending back the product, (ii) costs of sending of the product derived from Buyer’s selecting delivery other than the cheapest, ordinary delivery manner enabled on the Web page.
- Alternative dispute resolution
7.1 In the event that Buyer is consumer in the meaning of the statuory provisions, he/ she is entitled to settlement of claims with the Seller without intermediation of courts (alternative dispute resolution) and pursuing his claims in accordance to terms and conditions prescribed in seats and on internet pages of poviat (municipal) consumer ombudsmans, social bodies which statutory tasks embrace consumer protection, Voivoid Commerce Inspectors and of Consumer and Competition Protection Office.
7.2 The Buyer is entitled to request the standing arbitration consumer court, as specified in art. 37 of the Commercial Inspection Act dated 15th of December 2000 (Journal of laws 2001 no. 4 item 25 with amendments) to settlement of dispute derived from the concluded sale contract. The Buyer is entitled to request from Voivoid Commercial Inspector, in accordance to art. 36 of the above mentioned Act, commencement of arbitrational proceedings.
7.3 The Buyer is entitled to receive free of charge legal assistance from poviat (municipal) consumer ombudsman and/ or from social bodies, which statutory tasks embrace protection of consumers.
7.4 The Buyer is entitled to utilise platform of internet system of adjudication of disputes amongst consumers and enterpreneurs in accordance to proceedings on Internet Dispute Resolution as made by the European Commission on web page http://ec.europa.eu/consumers/odr.
- Final provisions
8.1 This By laws is conveyed to users of the Web page and/ or to the Buyers and can be saved and/ or printed by means of ordinary functionalities of web browser. The content of the sale agreement is saved in the computational system of the Seller.
8.2 This By- laws is binding from the moment of its publishing on the Web page. Any and all changes to this By – laws do not infringe rights of the Buyers acquired before the day of its entry into force, in particural any amendments of this By- laws shall not influence offers being made and/ or binding offers and/ or concluded sale contracts.
8.3 In matters not regulated by this By- laws proper provisions of the polish law shall be applicable.