Before starting to use the online shop www.kalimba.pl, its potential customers are obliged to read the following Terms and Conditions.
II. General provisions
III. Rights and obligations of the User
IV. Rights and obligations of the Provider
V. Placing an order
X. The agreements on provision of electronic services: conditions for dissolution of the contract
XI. Final provisions
1. Terms and Conditions – these Terms and Conditions involve making a purchase by means of distance communication and based on the provision of electronic services.
2. Provider (Seller) – the company KALIMBA Natalia Luniak, entered into the Record of Economic Activity under the number 104778, NIP – Tax Identification Number 5252275331, REGON – Statistical Number 015675261, registered place of business: Mierosławskiego 9, 01-527 Warszawa, online shop-office address: Cegłowska 32/1, 01-803 Warszawa, the sole owner of the online shop operating under the URL www.kalimba.pl, email address: email@example.com.
3. The online shop Kalimba.pl (Portal) – the Internet service available on the address www.kalimba.pl, through which the Customer can purchase the Products.
4. Customer (User) – a person aged over eighteen who is visiting the Portal as well as a legal person or organizational entity which is not a legal person, but is granted a special legal capacity by the law who is placing or going to place an Order and accepted these Terms and Conditions.
5. Product (Good) –The goods presented in the Shop included in this sales agreement.
6. The sales agreement – the sales agreement regarding the Products within the meaning of the Civil Code, concluded between Provider and Customer by means of distance communication.
7. Party – Provider and Customer
8. Registration on the Portal – a single activity of filling in appropriate forms on the Portal and giving all kinds of consent required by these Terms and Conditions.
9. User Account – an individual area (subpage) set on the Portal for every User, where he can place the orders and manage the personal data.
10. Login – (email address) – required information to gain access to User Account that the user has to type on the registration form.
11. Password – the set of alpha-numeric characters required for authorization while accessing the User Account.
12. Order – a declaration of will on the part of the Customer which leads directly to the conclusion of the Agreement regarding the distance sales of the Products in the Shop that specifies the kind and number of the Products sold.
13. The processing of personal data – pursuant to the Act of August 25th 1997 on the protection of personal data (Dz. U. [Journal of Laws] from 2002 No. 101, Item. 926, as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR)
The administrator of personal data – Kalimba Natalia Luniak.
14. Consumer – a physical person who concludes a legal transaction with an entrepreneur, whereby this transaction which is not directly connected with the commercial or business activity of this physical person.
15. Recipient – a physical person, a legal entity or an organizational unit without legal personality who is given the legal capacity by statutory provisions, who uses the Electronic Service.
16. Electronic service – a service provided by means of electronic communication for the Recipient through the Online Shop.
II. GENERAL PROVISIONS
1. As far as the services provided by means of electronic communication are concerned, these Terms and Conditions are the terms and conditions within the meaning of the Art. 8 of the Act of July 18, 2002 on Providing Services by Electronic Means. (Dz.U. from 2002, No. 144, item. 1204 as amended)
2. Before placing an Order in the Online Shop, the Customer is obliged to read the Terms and Conditions. He shall accept the provisions thereof while placing an Order.
3. Provider is offering the following services through the Online Shop: providing the Customers with the online environment where they can make their orders regarding the Products available through the Online Shop Kalimba.pl, conclusion of the Agreements on the distance-selling of the Products and providing the Customers with the information on the Products available in the Shop.
4. It is not allowed to take the following actions: forwarding or putting the commercial information on the Portal that has not been ordered before, taking any IT-related or other measures with the intention to acquire the information not intended to be available to the User.
5. The information about the Products provided in the Shop and in particular the descriptions, technical and functional parameters, as well as prices do not constitute an offer within the meaning of the Polish Civil Code – they serve merely as an invitation to the negotiations that may result in signing the contract within the meaning of Art. 71 of the Civil Code. Placing an Order by the Customer is construed as a purchase offer regarding a specific Product in sync with the conditions stipulated in the Product description.
6. The Prices of Goods included in the offer of the Polish version of the Shop are provided in Polish currency (PLN) and include the VAT. The English version of the Shop offers the prices quoted in euro.
7. Should some or all the Products being subject to an order be not available, the Customer is notified accordingly per email or by phone. It is then contingent upon him to decide about further measures – (cancellation of the order, completion of the order without missing goods, longer delivery period or selection of another product instead of the missing one).
III. RIGHTS AND OBLIGATIONS OF THE USER
1. User is the only person entitled to perform any actions within his Account. The Provider does not hold the responsibility for the actions of the third parties who were given accesses to the User Account by its holder.
2. These Terms and Conditions also apply to those Users who placed an Order on the phone without prior signing up.
3. Agreement on providing services by electronic means concluded through Registration on the Portal and giving all kinds of required consent shall apply for indefinite duration.
4. The User shall access all the content available on the Portal solely for his own use. Using the content for any other purpose than the one set forth above is not allowed.
5. The User shall abide by the provisions of these Terms and Conditions and use this Portal in the way that does not undermine its functionality or does not hinder the use of the Portal by other Users.
6. The user shall forthwith notify the Provider about each case of infringement of his rights as well as of any other violations of the rules set forth in these Terms and Conditions.
7. The registered User can terminate the agreement on providing services by electronic means by removing his Account. The Administrator of the Portal shall remove the account within 6 days after the receipt of the request mentioned above.
8. The User is obliged to provide genuine data during the process of Registration.
9. The User has a right to make a complaint with regard to the functionality of the Portal. The lodging of the complaint shall be deemed effective on the day of its receipt by KALIMBA Natalia Luniak. The complain shall include first and last name, correspondence address, as well as the kind and date of the non-compliance that has occurred. The Seller shall forthwith state his position on the request made by the Customer within 14 days from the receipt of the request. The reply to the complaint shall be sent on the email address provided by the Customer or in any other way decided upon by the Customer. The complaints shall be delivered by registered mail on the address: KALIMBA Natalia Luniak, ul. Mierosławskiego 9, 01-527 Warsaw with a note “Complaints: Kalimba.pl” or forwarded per email on the address: firstname.lastname@example.org with a note “Complaints: Kalimba.pl”
IV. RIGHTS AND OBLIGATIONS OF THE PROVIDER
1. The Provider shall make it possible for the Users to place the orders.
2. The Provider is allowed to reject the Registration by the User, refuse to accept the order or remove the account if the User: provided incorrect data, infringed upon the personality rights of the third parties, in particular the personality rights of other or will perform other actions that not in compliance with these Terms and Conditions or the applicable law.
3. The Provider shall not he deemed responsible for any technical problems or limitations conferred upon the hardware, terminal equipment, electronic applications as well as telecommunication infrastructure accessed by the User which hinder his correct use of the Portal.
4. The Provider reserves the right to suspend or terminate the operations of the Portal.
5. The Provider shall process the personal data only and exclusively to the extent allowed by the User, pursuant to the Act on Protection of Personal Data (of August 29. 1997, Dz. U. from 2002, No 101, item 926 as amended) and Act on Providing Service by Electronic Means ((Dz.U. from 2002, No. 144, item. 1204 as amended).
6. The Provider shall properly realize the Orders placed by the User and shall keep the Users accordingly informed, with due diligence.
V. PLACING AN ORDER
1. In order to place an Order, the user might go through the registration process. (Registration is possible while placing an order), or order directly.
2. The Registration process includes the following steps: filling in the form, whereby there are certain fields which are obligatory to complete in order to successfully finish the Registration process. By registering with the Portal, the User gives consent to process his personal data (only for the purpose of the realization of the order). The User can then set his own password and access his personal information panel.
3.1. For the purchase transaction to be completed, the order has to be properly submitted.
3.2. The Order can be placed via internet webpage www.kalimba.pl or per email on email@example.com
3.3. Having submitted an order, the Customer receives an order confirmation email. Furthermore, the employee of the Shop can contact the Customer in order to confirm the Order on the phone. Upon the receipt of the aforementioned email message by the Customer, the Sales Agreement between the Customer and the Seller is concluded. The confirmation of the receipt of the Order is issued as an email with the following content:
3.3.1. The confirmation of all key elements of the order.
3.3.2. The declaration on the receipt of the Order by the Shop.
3.3.3. The link for checking the status of the order.
4. Should any incongruence be found in the wording of the order receipt confirmation, the shop shall be accordingly notified per email on firstname.lastname@example.org
5. Should some products ordered by the Customer be missing from the stock, the Shop sends an email on address indicated by the Customer in the order form with information about the availability (time) of individual desired products. The message includes the request to make a decision by the Customer about further preferred steps regarding the whole order. In such case, the Customer is allowed to:
5.1. Resign from the whole order.
5.2. Give consent to prolong the supply period regarding the whole order.
5.3. Give consent to divide the order into a few parts.
6. The orders placed on the working days after 12, as well as on Saturdays, Sundays and bank holidays are dealt with on the following working day.
7. Acceptance of the Order starts:
7.1. In case of the orders paid by bank transfers or through the system Dotpay.pl – following the entry in the bank account of the Shop.
7.2. In case of the orders under cash on delivery conditions (personal collection) – after arranging the date of delivery with the customer per email or on the phone.
8. The shop reserves the right to cancel the order, should the order form be filled in in an improper way.
9. The Shop issues a fiscal receipt or, on the request of the Customer – a VAT invoice. If the Customer intends to obtain the VAT invoice, he needs to provide all necessary information about the company including the tax number (in Poland NIP) in the field “Notes to the order”. Fiscal receipts and invoices are issued when all products ordered by the Customer are prepared for shipping.10. All modifications to the shipment and resignation from the order are possible by means of email communication with the Shop, on the email email@example.com.
1. The prices of the products do not include the shipment costs. The costs of transport are covered by the Customer.
2. The Customer can choose one of the following forms of payment for the products he ordered:
2.1. By credit card or online payment through the System Dotpay.pl.
2.2. By bank transfer: the amount of money due for the order will be transferred on the bank account of the Shop provided at the stage of placing an order and in the order confirmation email. The transfers shall be directed to:Swift: WBKPPLPPXXX IBAN PL25109010300000000116584537 Kalimba Natalia Luniak Mierosławskiego 9 01-527 Warsaw. Please provide your first and last name and order number in the transfer title.
2.3. By PayPal
2.4. By cash on order delivery
3. The authorization of payment shall ensue no later than 1 hour after the performance thereof. However, those limits will start running only when the Customer performs all actions required by the Partners of the Dotpay System and set forth on their websites that are the prerequisite for payment confirmation.
4. Complaints regarding the payments and submitted by the Customer shall be forwarded directly to the Shop. Should the complaints be found not arising from the fault of the Shop, the Shop shall transfer this complaint to the company Dotpay S.A, that is managing the Dotpay System.
1. The purchased products shall be delivered to the address indicated in the order form or provided in the email message, should the goods be ordered per email. If the order was made on the phone, the address provided through the phone is deemed as the address of delivery.
2. The purchased goods are send by courier service DPD.
3. Costs of delivery
3.1. The costs of shipment are provided in the order.
4. Delivery period. The delivery period shall not exceed 4 business days from the entry of payment – in case of orders paid in advance. As far as cash-on-delivery orders are concerned, the Shop shall procure all toys within 2 days. When the parcel is ready for shipment, the customer will be accordingly notified per email or by phone that the order is ready waiting for the collection thereof. The exception are the products which at the given moment are missing from the stock or when the order involves untypical goods. In such case, the delivery period may be prolonged. The Customer shall be forthwith notified accordingly.
5. The return of non-delivered parcel.
5.1. In case of the orders sent by DPD courier services, the Customer should contact the Shop if he does not receive the parcel within 3 working days from the posting date.
1. Pursuant to the Act on Consumer Rights of 30. May 2014 ((Dz. U. 2014 item. 827),, the Customers who is also a consumer is entitled to terminate the purchase agreement within 14 days from the date of the receipt of the product and to return the product.
2. The Customer who is also the Consumer who concluded the distance agreement is allowed to terminate the contract in writing with no obligation to provide any grounds of the termination, within 14 days after the receipt of the product. This deadline will be deemed as met when the Customer forwards to the Shop the statement on the termination of the Agreement on the form provided to him by the Shop.
3. The terminated Agreement shall be deemed as not concluded and the Consumer shall be indemnified from the obligations of any kind. The services provided by the parties to each other shall be returned in the unaltered state, unless such alteration was reasonably required by the nature of their use. The return shall ensue forthwith and not later than after 14 days on the address: KALIMBA Natalia Luniak Mierosławskiego 9, 01-527 Warszawa. At the same time we would be pleased if Customers notified the Shop in advance about planned return of the products, by writing an email on firstname.lastname@example.org
4. The Seller shall reimburse the Product value, inclusive of the costs of its shipping by the same way of payment as the Customer used to send money, unless the Consumer expressly wishes to have his money returned in any other way, which does not incur any addition costs on the part of the Consumer.
5. If the Consumer opted for the delivery method that is not the standard low-cost method offered by the Shop, the Seller is not obliged to return additional costs incurred by the Customer.
6. The Consumer who decides to terminate the Sales Agreement shall only be charged for the costs of sending the products back to the Seller.
7. The 14-day termination period in which the Consumer is allowed to terminate the agreement runs from the day when the Consumer acquired the instruments of ownership of the given Product.
8. The right to terminate the distance agreement does not apply to the Consumers in cases of the performances which are non-reimbursable by their nature. It also does not embrace the Products tailored to the specific requirements within an individual order.
1. The complaints resulting from the non-compliance of the Products with the Sales Agreement.
1.1. The legal foundation and scope of the liability of the Seller to the Customer who is also the Consumer, arising from the non-compliance of the Product with the Sales Agreement are set forth in the Civil Code of 23. April 1964 (Dz. U. No. 16, item. 93 as amended).
1.2. The notifications about the non-compliance of the Product with the Sales Agreement and corresponding requests may be submitted per email on email@example.com or by registered mail sent to: KALIMBA Natalia Luniak, Mierosławskiego 9, 01-527 Warsaw with the note “Complaint – Kalimba.pl”
1.3. In the email message mentioned above, the sender should include as much information and circumstances regarding the product subject to the complaint as possible, in particular the nature and date of the occurrence of this non-compliance as well as contact data. That information will significantly facilitate and streamline the complaint processing procedure conducted by the Seller.
1.4. The Product shall be delivered on the address KALIMBA Natalia Luniak, Mierosławskiego 9, 01-527 Warszawa if such delivery is essential to determine the non- compliance of the Product with the agreement. The proof of purchase shall be attached to the delivery.
1.5. Should the Products be determined to be non-compliant with the Sales Agreement as a result of the delivery (such as damaged packaging, protective tape torn off etc.), we would like you to create a complaint certificate in the presence of the courier and attach it to the parcel which is subject to return.
1.6. The Seller shall issue a reply regarding the request of the Customer forthwith, but not later than after 14 days. The response shall be sent on the email address provided by the Customer on the complaint form or in other way intended by the Customer.
1.7. Should the complaint be made by the Customer who is also the Consumer, not issuing a reply within 14 days is deemed as acceptance thereof.
1.8. Should the complaint of the Customer who is also the Consumer be deemed justified, the Seller shall cover the entire costs of collection, delivery and exchange of the Products for the fault-free ones.
2. The complaints regarding the provision of electronic services through the Online Shop.
2.1. The complaints regarding the provision of electronic services by the Provider can be made by the Provider per email on firstname.lastname@example.org
2.2. In the email message mentioned above, the sender should include as much information and circumstances regarding the product subject to the complaint as possible, in particular the nature and date of the occurrence of this non-compliance as well as contact data. That information will significantly facilitate and streamline the complaint processing procedure conducted by the Provider.
2.3. The reply of the Provider shall be given forthwith, but not later than after 14 days.
2.4. The response of the Provider regarding the complaint shall be forwarded on the email address of the of the Recipient included in the complaint form or in any other way intended by the Recipient.
3. The products provided in the shop bear the guaranty issued by the manufacturer, importer or seller that applies within the borders of the Republic of Poland. Most of the goods are covered with the guarantee given by the manufacturer and in order to assert its validity, the proof of the purchase (fiscal receipt or VAT invoice) shall be produced.
4. Should the complaint involve the difference between the appearance of the ordered Products and the received appearance thereof, which is resulting in the improper settings of the graphics on the computer of the Buyer, in particularly the differences in colours and hues of the materials from which the Product has been manufactured, there is no basis for any complaint regarding the Products.
X. THE AGREEMENTS ON PROVIDING OF ELECTRONIC SERVICES: CONDITIONS FOR DISSOLUTION OF THE CONTRACT
1. The termination of the agreement on providing Electronic Services.
1.1. The agreement on providing Electronic Services of continuous and indefinite nature (for instance the Newsletter Service).
1.2. The Recipient may terminate the agreement with immediate effect without providing a reason through sending a special kind of declaration per email on email@example.com or in writing on the address: KALIMBA Natalia Luniak, Mierosławskiego 9, 01-527 Warsaw.
1.3. The Provider may terminate the agreement with immediate effect if the Recipient infringes upon the Terms and Conditions in particular when he provides illegal content after prior unsuccessful request to cease such infringement within a reasonably given period. In such case, the agreement expires after the lapse of 7 days from the day of submission of the statement of will that includes the intent to terminate the agreement (termination period).
1.4. The termination of the contract results in the expiry of legal relationship with regard to future arrangements.
2. The Provider and the Recipient may terminate the agreement on providing electronic services each time, by mutual consent.
XI. FINAL PROVISIONS
1. The agreements concluded through the Online Shops are governed by the law of the Republic of Poland.
2. The modifications performed in the Terms and Conditions by the Provider are binding to the Recipient on condition that he was notified accordingly about those modifications and did not terminate the agreement on providing electronic services within 14 days after the day the Recipient was notified by the Online Shop about the changes implemented.
3. Should any part of these Terms and Conditions be non-compliant with the applicable law, the Provider shall strictly abide by and implement those provisions instead of the provision of these Terms and Conditions which was the subject of such incongruity.
4. All disputes arising from the Sales Agreements between the Online Shop and the Consumers shall be in the first place tried to be settled amicably with the aim to find a compromise without seeking legal action. Should the dispute be not possible to settle, or the solution would prove unsatisfactory for any of the parties involved, such disputes shall be decided upon by the competent court in accordance with section 5.
5. Judicial settlements of disputes:
5.1. Any possible disputes arising between the Provider and the Recipient (Customer) who is also the Consumer shall be settled by the competent courts, pursuant to the Code of Civil Proceedings of 17. November 1964 (Dz. U. No. 43, item. 296 as amended).
5.2. Any disputes arising between the Provider and the Recipient (Customer) in the capacity of the Consumer shall be governed by the court having the territorial jurisdiction over the registered office of the Provider.