ONLINE STORE TERMS AND CONDITIONS

These terms and conditions set out the rules for making purchases in the Seller's online store, available at www.kyukadesign.com, operated by Kyuka Design Ewelina Pyda , NIP (tax ID) 717 170 20 66, REGON 145891481, correspondence address: 05-822 Milanówek, ul. Piłsudskiego 28B, e-mail address: inka@kyukadesign.com

§ 1 Definitions

1. Terms and Conditions – these terms and conditions. With regard to services provided electronically, they constitute the regulations referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).

2. Consumer – a natural person with legal capacity who, under the rules set out in these Terms and Conditions, places an Order in the Online Store, thereby concluding a contract with the Seller for a purpose not related to their business or professional activity.

3. Seller – the entity providing sales services via the Online Store under the rules set out in these Terms and Conditions.

4. Subject of the transaction – the Goods listed and described on the Online Store website at www.kyukadesign.com.

5. Goods – a movable item presented in the Online Store to which the Sales Contract relates.

6. Sales Contract – a contract for the sale of Goods within the meaning of the Polish Civil Code, concluded between the Seller and the Customer using the Online Store.

7. Online Store (Store) – the website available at www.kyukadesign.com, through which the Customer can place an Order.

8. Order – the Customer's declaration of intent clearly specifying the type and quantity of Goods, aimed directly at concluding a Sales Contract.

9. ICT system – a set of cooperating IT devices and software that ensures the processing and storage as well as the sending and receiving of data via telecommunications networks using terminal equipment appropriate for the given type of network.

10. Sale or Promotion – a contract for the sale of Goods within the meaning of the Polish Civil Code, concluded between the Seller and the Customer using the Online Store, concluded with the use of a Discount Code.

11. Discount Code – a sequence of characters specified by the Seller that changes the sale price of Goods in the Online Store under the conditions, to the extent and for the period specified by the Seller in each case. Discount Codes apply only to Goods indicated by the Seller.

12. Shipping Provider – an entity providing delivery services of the Goods to the Customer on behalf of the Seller. The Seller reserves the right to deliver the Goods via courier or postal companies that deliver the Goods to the specified address, to a parcel locker or to a parcel pick-up point, including points in retail chains.

13. Customer – any entity making purchases via the Store, including a legal person or an organisational unit.

§ 2 General provisions

1. These Terms and Conditions set out the rules for using the online store available at www.kyukadesign.com

2. A condition for placing an Order in the Online Store is that the Customer reads these Terms and Conditions and accepts their provisions when placing the Order.

3. The Online Store conducts retail sales via the Internet, using both desktop and mobile devices.

4. The Goods offered in the Online Store are new, in their original packaging and free from physical defects. The Seller reserves the right to sell goods in the form of a Sale or Promotion at a reduced price, including goods with minor defects, of which Customers will be clearly informed in the terms of the Sale. The Goods have been lawfully manufactured in Poland and placed on the market, and are free from legal defects.

5. The Seller specifies the requirements necessary to work with the Seller's ICT system. In order to make purchases, the Customer should have:

• an active e-mail account and a device connected to the Internet,

• a device enabling telephone contact with the Seller and the Shipping Provider as well as tracking of the shipment. For the avoidance of doubt, a device enabling contact means a device with its own telephone number at which direct return contact with the Customer is possible without the need to forward or transfer the call.

6. The Customer is obliged not to provide content that is prohibited by law, infringes personal rights or is generally considered offensive.

§ 3 Placing orders

1. All prices shown on the website are gross prices in Polish zloty. The prices shown include shipping costs within the territory of the Republic of Poland.

2. Orders are accepted via the website and by telephone.

3. Orders via the website can be placed 24 hours a day, 7 days a week, all year round.

4. An Order is valid if the Customer correctly completes the order form and correctly provides contact details, including the exact address to which the Goods are to be sent, a telephone number and an e-mail address, and makes the payment.

5. If the details provided are incomplete, the Seller has the right to cancel the Order. In this case the Seller reserves the right to contact the Customer in order to complete the details or to carry out the purchasing procedure correctly.

6. When placing an order, the Customer may request a VAT invoice, which may be sent electronically to the e-mail address provided in the form of an electronic image of settlement documents, in particular VAT invoices with attachments, corrective VAT invoices with attachments and forms. This consent entitles the Seller to issue and send VAT invoices in electronic form in accordance with the Regulation of the Polish Minister of Finance of 20 December 2012 on sending invoices in electronic form, the rules for storing them and the procedure for making them available to the tax authority or fiscal control authority.

7. When placing an Order, the Customer consents to their personal data being entered into the database of the Seller's Online Store for processing in connection with the fulfilment of the Order. The manner of data processing is governed by the Privacy Policy.

8. The Customer may use the option of having their details saved by the system to make it easier to place further Orders. For this purpose, the Customer may use the option to save their details or create a profile by providing a login and password necessary to access their account. The Customer's login is the e-mail address they provide. The password is a string of characters set by the Customer. The Customer's password is not known to the Seller, and the Customer is obliged to keep it secret and protect it against unauthorised access by third parties.

9. After the Customer has placed a valid order, they will receive an automatic reply from the store confirming receipt of the order.

10. Order processing begins when the payment is received in the bank account indicated in the order confirmation (for payment by bank transfer) or when the order is placed (for payment by card).

§ 4 Shipping costs and times

1. The Goods are sent to the address specified in the order form or provided by telephone or e-mail. The store will inform the Customer of an incorrectly completed order form or an abandoned order within 24 hours of the order being placed or the transaction being started. This applies in particular to events that prevent shipment or may delay it.

2. Orders for available products are processed within up to 5 working days; this does not include the delivery time of the Goods. The Goods are delivered as priority parcels, usually within 48 hours of dispatch, on working days. However, the Seller points out that the delivery time of the Goods depends on the Shipping Providers, specialised courier or postal companies, and not on the Seller, with particular regard to unforeseen events. Both the processing of the Order and the delivery of the Goods may be extended as a result of Force Majeure, in particular as a result of atmospheric, geological or social phenomena affecting the processing time, including downpours, floods, fires, heavy rain, hurricanes, tornadoes, lightning strikes, heavy snowfall, hail, avalanches, fallen trees, landslides and earthquakes, and, in the case of social events: strikes, protests, marches, demonstrations, riots, wars, etc.

3. The time needed for the funds to be credited to the store's bank account, i.e. one to two days, must be added to the Order processing time.

4. Within the Republic of Poland, delivery costs PLN 15 or is free of charge for orders over PLN 400.

5. For card payments, the order processing time is counted from the moment of successful authorisation and is up to 5 working days.

§ 5 Payments

1. Polish bank transfers, including BLIK, are handled by „Polskie ePłatności” spółka z ograniczoną odpowiedzialnością with its registered office in Tajęcina (formerly „Paylane” sp. z o.o.), address: Tajęcina 113, 36-002 Jasionka, KRS: 0000227278, NIP 5862141089 and REGON 220010531.
Credit card payments are handled by Stripe, Inc., with its registered office in San Francisco, United States, at 510 Townsend Street San Francisco, CA 94103 United States.

2. As the Online Store is operated on the international Shopify platform, the Seller reserves the right to change, temporarily or completely suspend, or discontinue selected payment methods.

3. If funds need to be refunded for a transaction made by the customer with a payment card, the Seller will make the refund to the bank account linked to the Customer's payment card.

§ 6 Withdrawal from the contract

1. A consumer who has concluded a distance contract has the right to withdraw from the contract without giving any reason by submitting a written statement to that effect, a template of which is included at the end of these terms and conditions, within the period specified by law, i.e. within 14 days (legal basis: Article 7(1) of the Polish Act of 2 March 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product, Journal of Laws No. 22, item 271, as amended). This deadline is final and runs from the day the Goods are delivered until the day they are returned. For the avoidance of doubt, the day of return is deemed to be the day on which the returned Goods are delivered to the Seller, including the shipping time, as required by law.
In order to meet the statutory requirement that the Goods be returned in unchanged condition and to avoid any disputes, the Seller recommends sending a photo of the Goods in undamaged condition at the time of dispatch to the Seller's e-mail address; this is not a prerequisite for withdrawing from the contract.

2. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded. Whatever the parties have provided shall be returned in unchanged condition, unless the change was necessary within the limits of ordinary management.

3. The return should be made without undue delay and no later than within 14 days. The purchased goods must be returned to the Seller's address.

§ 7 Complaints procedure

1. If the goods do not conform to the contract, the Customer may demand that they be brought into conformity with the contract by free repair or replacement with new goods, unless repair or replacement is impossible or would involve excessive costs. When assessing whether costs are excessive, the value of the goods in conformity with the contract and the type and degree of the non-conformity found are taken into account. (Polish Act of 27 July 2002 on specific conditions of consumer sales and amending the Civil Code).

2. In accordance with the Act, the Customer loses the rights set out in point 1 of this paragraph if they do not notify the Seller of the non-conformity of the goods with the contract within 2 months of discovering it. To meet the deadline, it is sufficient to send the notification before it expires. To establish the non-conformity, the Seller requires the Goods to be returned.

3. Complaints should be sent to the Seller's e-mail address, and returned Goods to the address 02-855 Milanówek, ul. Piłsudskiego 28B.

4. When submitting a complaint, the Customer must deliver to the Seller the Goods being complained about together with proof of purchase and a completed complaint form, available at the end of these terms and conditions.

5. The Seller will consider the complaint within 14 days of its submission. If the complaint is upheld, the Seller will repair the goods or replace them with new, fully functional goods, or refund the value of the purchased goods.

§ 8 Privacy policy and personal data protection

1. Personal data collected by Kyuka Design Ewelina Pyda via the website www.kyukadesign.com is handled using the Shopify online store platform and processed in accordance with 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 (General Data Protection Regulation), also referred to as GDPR.

2. Personal data is used to perform sales contracts and may therefore be transferred to entities responsible for collecting and processing it and for delivering the purchased goods, including those referred to in this contract as the Shipping Provider. Customers have the right to access and correct their data. Data is provided voluntarily.

§ 9 Information on technical methods and means for detecting and correcting errors in entered data

1. While placing an Order, until the „Complete purchase” button is pressed, Customers can correct the entered data themselves by editing it, and Customers with an account in the Online Store can correct the entered data themselves by editing their account profile.

2. Data can also be verified or an Order corrected by sending an e-mail to the Seller at inka@kyukadesign.com

3. The Customer can change the data entered when creating the Account at any time within the options provided.

§ 10 Information on the rules and methods by which the Seller records, secures and makes available to the other party the content of the contract concluded:

1. The content of the contract concluded is recorded, secured and made available by sending an appropriate e-mail after the Sales Contract has been concluded.

2. The content of the Sales Contract concluded is recorded, secured and made available by sending the content of the contract to the Customer's e-mail address or by providing the Customer with the Order specification and proof of purchase.

3. The content of the contract concluded is additionally recorded and secured in the Seller's ICT system and made available at the Customer's request.

§ 11 Amendments to the Terms and Conditions

1. The Seller reserves the right to amend the Terms and Conditions for important reasons, i.e. changes in legislation or changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

2. Customers who have consented to the processing of their contact details after their order has been fulfilled by ticking the box „Email me with news and offers” will be informed of the amendment to the Terms and Conditions by e-mail.

3. If the Store's Terms and Conditions have been amended since the Customer last logged in, the Customer has the right to withdraw their acceptance of the terms and conditions. If the Terms and Conditions are not accepted, in particular after amendments have been made, purchases in the Online Store are not possible.

4. A Customer who does not accept the amendments to the Terms and Conditions is entitled to delete their account at any time.

5. Orders placed by Customers before the amendments to the Terms and Conditions come into force will be processed in accordance with the previous provisions of the Terms and Conditions; if this is not possible, the Customer will be asked to accept the new terms and conditions or will have the option to withdraw from the contract.

§ 12 Final provisions

1. In matters not regulated by these Terms and Conditions, the provisions of the Polish Act of 2 March 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product (Journal of Laws 2000 No. 22, item 271, as amended), the Polish Act of 27 July 2002 on specific conditions of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended) and the Polish Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended) shall apply.

2. Disputes arising from the application of these Terms and Conditions and in connection with the performance of contracts concluded between the Store and Customers will be settled by the court having subject-matter and territorial jurisdiction in accordance with the Polish Act of 17 November 1964 – Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).

 

MODEL WITHDRAWAL FORM

(complete and return this form to inka@kyukadesign.com only if you wish to withdraw from the contract)

Kyuka Design Ewelina Pyda , 02-855 Milanówek, ul.Brzozowa 1.

- I/We(*) ....................................................... hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*)

..........................................................................................................


- Date of conclusion of the contract(*)/of receipt(*) ..........................................................

- Name of consumer(s):
..........................................................................................................

- Address of consumer(s):
..........................................................................................................

- Telephone number of consumer(s):
..........................................................................................................


..........................................................................................................
Signature of consumer(s)
(only if this form is submitted on paper)


Date ............................................

(*) Delete as appropriate.

MODEL COMPLAINT FORM

(complete and return this form to inka@kyukadesign.com or by post to Kyuka Design Ewelina Pyda , 02-855 Milanówek, ul.Piłsudskiego 28B).

- I/We(*) ....................................................... hereby give notice of a lack of conformity of the Goods received with the contract (*)

The lack of conformity consists of:
..........................................................................................................


- Date of conclusion of the contract(*)/of receipt(*) ..........................................................

- Name of consumer(s):
..........................................................................................................

- Address of consumer(s):
..........................................................................................................

- Telephone number of consumer(s):
..........................................................................................................


..........................................................................................................
Signature of consumer(s)
(only if this form is submitted on paper)


Date ............................................

(*) Delete as appropriate.