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Terms of Use

1. DEFINITIONS

In these terms of use of the https://malomikids.pl/, hereinafter referred to as the Terms of Use, the following terms should be interpreted as follows:

  1. Seller – Malomi Kids Agata Kornatowska registered in Żelistrzewo, Kwiatowa 12 St., 84-100 Żelistrzewo, NIP 958-145-27-47, REGON 367429167, e-mail: kontakt@malomikids.pl ;
  2. Store – Online Store operating at https://malomikids.pl/ website and its subpages.
  3. Customer – every individual who signed the agreement with the Seller for creating an Account and placed an order at the Store or an individual who does not have the Account at our Online Store and is in progress of placing an order.
  4. Account – Customer’s Account created at our Online Store in accordance with the rules listed in Terms and Conditions            
  5. Consumer – an individual defined in the provisions of the article 221 of the Civil Code

2. GENERAL PROVISIONS

The Terms of Use define the rules of providing service electronically to Customers by the Seller and enable them to:

  1. Create their Account and sign sales agreements over the Internet for the products included in the store’s assortment at the prices provided on adequate subpages of the Online Store.
  2. The content presented on the website, especially announcements, advertisements, price lists, and other information do not constitute an offer in the meaning of provisions defined in Articles 66 and 661 of the Civil Code but are invitations to placing offers.
  3. Prices of products available in store’s assortment are provided in Polish Złoty and include VAT tax. The Seller is eligible to modify store’s assortment, prices of products, carry out and cancel sales. Modifications are not applicable for contracts of sale already signed with Customers.
  4. Purchase can be made without creating an Account or after creating it.
  5. Using Online Store does not require any technical specifications of computers or other Customer’s devices. Internet connection, e-mail address, standard operating system and browser are the only things needed to use Online Store.
  6. For the proper use of the Account as well as placing an order, enabling cookie files in the web browser is required. Cookie files are used to maintain the Client’s session after logging into their account and to maintain the process of placing an order. It is possible to subsequently delete them using the adequate options available in the web browser or using other software. Detailed information regarding cookie files is available in the provisions of the Privacy and Cookies Policy.

3. ACCOUNT

  1. An individual willing to make an agreement with the Seller in order to create an Account should choose ‘Sign up’ tab available in top left corner of malomikids.pl website. Registration form available there constitutes the Seller’s offer directed towards a potential Customer regarding signing an Account creation contract.
  2. Subsequently, while filling up the form, an individual is required to provide relevant personal data including name, surname, address, telephone number, and e-mail address.
  3. It is forbidden to add illegal content to the registration form.
  4. The Customer needs to accept Terms of Use as well as requisite provisions of personal data processing in order to complete the registration of signing up to Online Store and send the registration form.
  5. Clicking on ‘Sign up’ icon directs the form to the Seller and is equivalent to the Customer’s acceptance of the Seller’s offer mentioned in the first section of this paragraph. At that moment, an account creation contract is signed between the Seller and the individual who has filled out the registration form.
  6. After completing the contract in accordance with the provisions listed in above section, the Seller sends the confirmation message of creating the account to an e-mail provided by the Customer.
  7. If the Customer is a Consumer, they are eligible to terminate the contract of creating an account without providing any reason within 14 days from the date of signing the contract, i.e. from the moment described in section five of this paragraph.
  8. Seller recommends that the Customer properly store their personal data used for signing in the Online Store so that no unauthorized party can access it.
  9. After creating the account, the Customers can edit their data, add shipping addresses to a personal address list, add advertised goods to a wish list, place orders, as well as preview status of orders and history of their last orders.

4. PLACING AN ORDER

  1. Products are sold based on the orders placed by the Customer. The Customer can place the order after signing in to the Account or without doing that after having provided all the data needed for completing the order.
  2. Orders can be placed via the Account 7 days a week, 24 hours a day.
  3. In order to sign the sales agreement with the Seller, the Customer selects products and provides their quantity, color, and size via clicking „add to cart” icon placed next to the selected product. The products added to cart are not ordered yet, and the Customer can add to cart additional products, cancel already selected ones, or discard shopping.
  4. After adding products to cart, the Customer can change their quantity or remove them from the cart. Subsequently, the Customer should click „proceed to checkout” to finalize their order.
  5. The Customer who does not have the Account should provide relevant personal data necessary for order realization process. If the Customer selects “Buy as a Guest” option, they should accept Terms of Use as well as Privacy and Cookies Policy.
  6. Subsequently, the Customer should select method of shipping. The cost of a particular shipping method is available next to it. The total price of products added to the cart and the selected shipping method will be seen next to the “Total” icon. Thereafter, the Customer should click on the “Next” button.
  7. Subsequently, the Customer will be directed to selecting method of payment unless the shipping method selected by them was cash on delivery. The total price of order including price of selected products, cost of shipping and payment method will be seen to the “Total” icon.
  8. At this stage of placing an order, the Customer should confirm it by clicking “Order” button which is equivalent to accepting the Seller’s offer mentioned in the above provision and should be understood as signing sales agreement between the Seller and Customer.
  9. If the Customer selects „Online Payment”, they will be directed to merchant website. The realization of payment is carried out in accordance with the regulations available on merchant’s website.                                                                                         
  10. Costs, deadlines, shipping methods, as well as payment service are determined while placing an order by the Customer. Customers can select the following methods of payment: online transfer, cash on delivery.        
  11. Customer can select the following shipping methods: self pick up at the Store, courier shipping, cash on delivery shipping.
  12. Detailed information about shipping methods and their costs as well as service of payment can be found at “Delivery and payments” tab.
  13. Order placed by the Customer is delivered in accordance with the shipping method of their choice.
  14. The Customer carries the costs of the delivery and service of payment, whereby the Seller is eligible to determine the threshold value for products; if the Customer exceeds that threshold the delivery cost or payment will be carried by the Seller.
  15. The Customer will receive a document of sale to their order that complies with tax laws, whereby the Customer can check in “your personal data” tab an adequate box whether they wish to receive a receipt or an invoice to their order.
  16. In case of choosing an invoice as an attached sale document, the Customer will be asked to provide data necessary for issuing such invoice. It is forbidden to add unlawful content to the form.

5. RETURNS AND COMPLAINTS

  1. If the Customer is a Consumer, they are entitled to withdraw from the sales agreement signed with the Seller without giving any reason within 14 days from the day when the Customer came into possession of the item or when a third party other than the delivery provider and assigned by the Customer came into possession of the item. If many items, delivered separately, are subject of the sales agreement, the said time expires after 14 days from the day when the Customer came into possession of the last item or when a third party other than the delivery provider and assigned by the Customer came into possession of the last item.
  2. In order to be eligible to withdraw from the sales agreement, the Customer should inform the Seller about their decision of such withdrawal and issue a clear statement by filling out and printing product return form available at www.malomikids.pl.
  3.  In order to meet the deadline of withdrawal from the agreement, it is enough for the Customer to send information on using their right to withdraw from the agreement before the time to withdraw from the agreement expires.
  4. If withdrawal from the agreement occurs, the Seller returns all the received payments from Customer, including the costs of delivery (except from additional costs that might arise due to Customer’s selected shipping method other than the cheapest regular shipping method offered by the Seller) without delay, or in every case no later than 14 days from receiving the statement of withdrawal from the agreement from the Customer. The Store will return the payment using the same method of payment used by the Customer during the original transaction, unless the Customer clearly agreed to accept other form of refund and it does not include any additional costs.
  5. The Seller might wait with issuing the refund until the products are redelivered to the Seller or a proof of redelivery is provided depending on which one occurs earlier.
  6. The Customer should immediately redeliver or transfer the product to the Seller, or in any case no later than 14 days from the day they informed the Seller about withdrawal from the agreement. The deadline is met if the Customer resends the product before the 14-day deadline.
  7. The costs of product return are to be paid by the Customer.
  8. The Customer is responsible only for decreasing of the item’s value arising from using it in a way other than it was necessary to determine its nature, traits and functioning.
  9. The Seller informs that they are obliged to deliver an item that is free from any defects.
  10. Complaints related to the services provided electronically by the Seller can be submitted in writing to the Seller’s address.
  11. A complaint should include the following: order number (or other data that allows to identify it), contact information of the Customer that allows to provide a reply for the submitted complaint as well as description of the occurrence making the basis for the complaint.
  12. The Seller will address the complaint within 14 days from the date of it being received by the Seller.

6. DURATION OF ACCOUNT CREATION CONTRACT

  1. The account creation contract is signed with the Customer for an indefinite period of time.
  2. The Customer is eligible to terminate the account creation contract by sending a withdrawal notice to the Seller’s address. The account creation contract will be terminated immediately.

7. FINAL PROVISIONS

  1. When using the Store and communicating with it, it is forbidden to send contents of unlawful nature.
  2. The Seller informs that property laws to the Store and all its elements constitute the object of copyright within the meaning of Art. 1 of February 4, 1994 Act on Copyright and Related Rights (Dz.U.2006.90.631 – i.e. with amendments), in particular, the object of copyright includes photographs and theme lines. Copying and distributing the content without the consent of the Seller constitutes copyrights infringements.
  3. Terms of Use are available at the Seller’s headquarter and at https://malomikids.pl/regulamin.html