Version of 01.02.2024
I. Definitions
Seller
The "ADEKO.Kids" online shop is run by ADEKO KOCUR Spółka Komandytowa with its seat in Ruda Śląska, 5 Planty Kowalskiego Street, Ruda Śląska 41-709, registered in the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, X Economic Division of the National Court Register under the KRS number: 0000764262 , NIP: 6412545858, REGON: 38223826300000,
Telephone: 533 824 401
E-mail: biuro@adeko.kids
Website: https://adeko.kids/
Customer
A customer is any natural person with at least limited legal capacity and over 18 years of age, as well as a legal person or an organisational unit with legal capacity, who has visited the website of the online shop and registered therein.
Consumer
A Consumer is a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity. Pursuant to the following provisions, due to the application of the provisions relating to the Consumer to these natural persons, in these Terms and Conditions the Consumer is also understood (and the relevant provisions of the Terms and Conditions are applied) as a natural person concluding an agreement directly related to his/her business activity, when it follows from the content of the agreement that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity, made available pursuant to the provisions on the Central Register and Information on Business Activity:
Art. 3855, 5564, 5565, 5765 of the Civil Code, Art. 7aa of the Consumer Rights Act
Registration
Completion by the Customer of the registration form found on the website, by providing the required personal data and established by the Customer: Login (e-mail address,) and Password (a string of at least 6 characters established by the Customer).
Goods
Is understood as the products offered by the Seller for sale in the online shop. Product images may differ slightly from the actual appearance of the products in the shop.
Delivery
Completion of the Goods in accordance with the order and delivery by the Seller, to the Customer at the address indicated by the Customer in the area served by the shop. Delivery can be made by an external courier service provider. External couriers and delivery prices are shown on the website. The seller also offers personal collection at the company's premises. The choice of the delivery method is made by the customer.
Price
The price should be understood as the gross price of the Goods located with information about the Goods, not including Delivery Costs. The prices of the Goods in the Store are expressed in Polish zloty and include VAT.
The price given in the shop is binding and is not subject to negotiations. The Seller reserves the right to change the price or refuse to process an Order in the case of an obvious mistake.
Administrator
The Administrator of the Customer's personal data provided during purchase without registration and on the registration form is ADEKO KOCUR Spółka Komandytowa with its seat in Ruda Śląska, 5 Planty Kowalskiego Street, Ruda Śląska 41-709 KRS: 0000764262,
Order
a set of Goods selected by the Customer in electronic form via the website https://adeko.kids/ specified for fulfilment, in accordance with these Regulations.
Costs of delivery of the Goods
Fee - understood as the total cost of the service of delivering the Goods to the Customer at the address indicated by the Customer, in accordance with the Order.
Area of operation of the shop
This is the area where the Goods are delivered in accordance with these Regulations, i.e. Poland and the member states of the European Union.
II. Registration and making Purchases
Registration/Purchase without registration
-
Purchases through the online shop are possible after the creation of an account (conditional on the correct completion of the registration form by the Customer, in particular the provision of personal data, e-mail address - which is also a login - and the establishment of a password by the Customer, telephone number, address data for the shipment of goods) or without creating an account after providing all the data necessary to complete the order. In addition, irrespective of the choice of purchase after registration or without it, the Customer is asked to get acquainted with and accept these regulations.Note! The Customer makes a declaration that he/she agrees to the processing of personal data by ticking the checkbox next to the declaration of the following content: "I hereby declare that I have got acquainted with and accept the Regulations of the "ADEKO.Kids" Internet Shop and I agree to use and process my personal data included in the registration form for the needs connected with the realisation of agreements by the Administrator in accordance with the Act on Personal Data Protection of 10 May 2018. (Journal of Laws of 2018, item 1000), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 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) (Official Journal of the EU L 119, p. 1) - hereinafter referred to as RODO - and the relevant legal provisions regulating the protection of personal data."
- Failure to accept consent to the processing of data for the performance of the service will prevent the execution of the order.
- Registration is done once, and each subsequent Order only requires a login and the Customer's own password.
- In addition, the Customer may agree to receive advertising data and commercial offers and promotions by checking the box next to the statement that reads: "By signing up for the newsletter, I agree to the use and processing of my personal data contained in the registration form for advertising purposes."
- The login and password are confidential. The customer using the login and password is obliged to update his/her data in the event of a change. The Customer is responsible for failing to update or disclosing his/her data to third parties.
- Businesses wishing to receive a VAT invoice shall additionally fill in the fields necessary for the VAT invoice.
Hardware requirements
- To use the online shop, the Customer should have a computer with the following equipment:
- Internet connection with a minimum speed of 128 kbs/s;
- a web browser,
- JavaScript, CSS frames and styles enabled;
- a screen with a minimum resolution of 1024x768;
- an active e-mail account.
Ordering
- Orders can be placed 24 hours a day, all year round.
- Browsing and selecting shop products does not require registration or logging into the system. After selecting the products available in the online shop, the Customer places them in a virtual shopping cart. Throughout the shopping process, the customer can view the contents, his/her basket and make changes to it. He or she can also control the value of the purchase and the cost of Delivery in real time. After deciding to make a purchase, the Customer is asked to confirm his or her intention to place an order.
- Before the purchase, the Customer is obliged to read the product description.
- Once the purchase process has been correctly completed, the Customer will receive an e-mail confirming the placement of the Order.
- The display of goods in the online shop constitutes an invitation to make an offer. Placing an order constitutes an offer within the meaning of the Civil Code, made by the Customer to the Seller. Once an order has been placed, the Seller proceeds immediately to its fulfilment. The Seller confirms to the Customer the fact of accepting the order and proceeding with its execution in the form of an e-mail message to the Customer's e-mail address given in the registration form.
- The Contract of Sale is concluded at the moment of receipt of payment of the price by the Seller and confirmation by the Seller of acceptance of the order for processing. The Seller reserves the right to additional verification of the Customer's data, e.g. by telephone contact.
- The Seller reserves the right to refuse to process an Order when:
- the order was placed on an incorrectly filled form,
- after an unsuccessful attempt to confirm the Order,
- the Order has been placed contrary to these Regulations,
- circumstances beyond the Seller's control and which could not have been foreseen occur.
- The Customer will be informed of the fact that the order has been refused by e-mail to the e-mail address indicated in the registration process.
III. Order processing
Delivery
- The Goods ordered by the Customer are delivered by the Seller to the address indicated by the Customer, located in the area of the shop. The cost of delivery is included in the total amount of the Order sent to the Customer in the e-mail confirming the Order. Orders are fulfilled from Monday to Friday, as a rule within 1-14 working days of placing the order. This period may be extended, of which the Customer will be informed in a separate email. The Seller does not carry out Orders on public holidays in accordance with applicable regulations. The Seller reserves the right to set additional, other days for not processing Orders.
- If necessary, the Customer may contact the Seller directly by e-mail or telephone.
- The Customer receives the ordered Goods together with a sales document: a fiscal receipt or a VAT invoice, if the Customer requested it when placing the order and provided the necessary data for its issuance. The sales document is a written confirmation of the content of the Order placed.
- The Seller transfers the ownership of the Goods to the Customer at the moment of payment for the Goods plus the cost of delivery in accordance with the provisions of these Regulations.
- Data concerning sales transactions via the online shop are collected and stored by the Seller's IT system for at least 2 years from the date of conclusion of the transaction.
- In the event that it is not possible to fulfil the order for reasons such as, for example, insufficient quantity of the ordered Goods or when the ordered Goods are temporarily unavailable, the Seller shall, prior to confirming the order, contact the Purchaser in order to determine further terms and conditions of order fulfilment.
- In case the discrepancies are significant, the Customer will be contacted by an employee of the Seller in order to determine the terms and conditions of execution of the Contract. If the Customer does not agree, the Contract expires.
- Sale offers and promotional offers are available until stocks last. Due to a limited number of goods in the above mentioned offers, orders placed after the stocks are exhausted cannot be realized, of which the Customer will be informed by an employee of the Seller by phone or e-mail.
- The Customer undertakes to collect the Goods and pay the total amount of the Goods ordered, including delivery service by the Seller (total amount in the confirmation of the Order).
Area of operation
- The online shop delivers the Goods only within the area of its operations, i.e. the territory of the Republic of Poland and the member states of the European Union.
Cost of delivery and terms of payment
- The cost of delivery depends on the size of the Order and is indicated on the website and in the summary of the Order.
- The Seller accepts the following payment methods:
- by traditional transfer;
- Quick transfer;
- by credit card;
- via: imoje, applePay, PayPal, GooglePay;
- The choice of delivery method and payment method is made by the customer in the order form.
- Payment by fast transfer, card, and through payment services is carried out in accordance with the terms and conditions of the providers of these services.
Right of withdrawal
- The customer making the purchase as a consumer, has the right, within 14 days from the delivery of the ordered product, to withdraw from the contract concluded at a distance without giving reasons and without incurring costs, except for the direct costs of returning the goods, by submitting a statement in writing to the seller.
- The declaration may be made electronically on the form, the specimen of which is attached to these Terms and Conditions, by sending it by e-mail to the address of the Store or by making a written declaration sent by post to the address of the Store.
- In order to meet the withdrawal deadline, it is sufficient to send the declaration before the expiry of 14 days from the delivery of the product.
- The Store shall immediately send the Customer an acknowledgement of receipt of the declaration of withdrawal, in an e-mail form enabling it to be downloaded and retained.
- The returned product should be in an unchanged condition, unless the change was necessary within the limits of ordinary management. The customer shall return the product in the quantity and quality in which he received it, subject to the previous sentence. In particular, he shall include all parts, accessories, instructions, conditions of use and other documents received with the product.
- The returned product should be sent to the address of the Store's registered office.
- The returned product should be duly protected.
- The declaration referred to in section 2 and a copy of the proof of purchase should be attached to the parcel.
- The Customer shall be liable for any reduction in the value of the item resulting from its use beyond what is necessary to ascertain its nature, characteristics and functioning.
- The shop will refund the payment immediately, but no later than when it receives the item back.
- The payment will be refunded using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund. If the Customer chooses a method of delivery other than the cheapest ordinary means of delivery offered by the Store, the Store shall not be obliged to reimburse the Customer for any additional costs incurred by the Customer.
- If the Customer submits a declaration of withdrawal before the Store accepts the Customer's offer, the offer ceases to be binding.
- The Customer is not entitled to withdraw from the contract with regard to contracts concerning products with a short shelf life, contracts whose subject of performance is an item supplied in a sealed package which cannot be returned after the package has been opened for health protection or hygienic reasons if the package has been opened after delivery, and other, indicated in the applicable legislation.
Withdrawal from the contract can be done according to the following form, downloadable from the shop's website:
Withdrawal form:
I declare that I withdraw from the sales contract of ...................
order number ....................................
concluded through the online sales system
between
ADEKO KOCUR Spółka Komandytowa with its registered office in Ruda Śląska, 5 Planty Kowalskiego Street, Ruda Śląska 41-709 KRS: 0000764262,
and
Name: ...................................................................
Address: ................................................................
Code: ....................................................................
City: ......................................................................
Product name: ........................................................
Email address: ........................................................
Telephone number: ........................................................
Please send the amount due for the returned goods to the bank account number indicated below:
................................................
date and signature of the person making the declaration
IV. Warranty
- The basic rights and obligations of the Shop and the Consumer are governed by the Consumer Rights Act of 30 May 2014. (Dz.U.2023.2759 t.j. of 2023.12.22). Customers have the right to complain about a product purchased from the Shop if it has physical or legal defects.
- In the case of any doubts as to the properties of a product, in particular those not mentioned in the information contained in the offer placed by the Store, the Customer should, before placing an order, send an enquiry to the Store, through one of the contact channels indicated in the Rules. The Shop is not responsible for assurances about the properties of the product which it did not know at the time the product was issued.
- If the goods are not in conformity with the contract, the consumer can demand their repair or replacement.
- The Store may make a replacement when the Customer demands a repair, or the Store may make a repair when the Customer demands a replacement if it is impossible or would require excessive costs for the Store to bring the goods into conformity with the contract in the manner chosen by the Customer. If repair and replacement are impossible or would require unreasonable costs for the Store, it may refuse to bring the goods into conformity with the contract.
- In assessing whether the costs would be unreasonable for the shop, account shall be taken of all the circumstances of the case, in particular the significance of the lack of conformity of the goods with the contract, the value of the goods in conformity and the undue inconvenience to the customer caused by the change in the method of bringing the goods into conformity with the contract.
- The Shop shall repair or replace the goods within a reasonable time from the moment the Shop is informed by the Customer of the lack of conformity with the contract and without undue inconvenience for the Customer, taking into account the specific nature of the goods and the purpose for which the Customer purchased the goods. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Shop.
- The Customer shall make the goods subject to repair or replacement available to the Store. The trader shall collect the goods from the consumer at his own cost.
- If the goods have been installed before the non-conformity of the goods with the contract became apparent, the Shop disassembles the goods and reassembles them after repair or replacement or has them done at its expense.
- The customer shall not be obliged to pay for the normal use of the goods which have subsequently been replaced.
- If the goods are not in conformity with the contract, the Customer may make a declaration to reduce the price or withdraw from the contract when (and under the conditions of):
- The shop has refused to bring the goods into conformity with the contract;
- The shop has not brought the goods into conformity with the contract;
- the lack of conformity of the goods with the contract continues even though the shop has tried to bring the goods into conformity;
- the lack of conformity of the goods with the contract is significant enough to justify a reduction in price or withdrawal from the contract without prior recourse to the remedies set out in paragraph 3;
- it is evident from the statement of the Shop or the circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the Customer;
- The reduced price must be in such proportion to the contract price as the value of the non-conforming good remains to the value of the conforming good;
- The shop shall reimburse the customer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receiving the consumer's declaration of price reduction;
- The customer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. The lack of conformity of the goods with the contract shall be presumed to be material.
- If the lack of conformity concerns only some of the goods delivered under the contract, the Customer may withdraw from the contract only with respect to those goods and also with respect to other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the goods which are in conformity with the contract.
- In the event of withdrawal from the contract, the Customer shall immediately return the goods to the Shop at the Shop's expense. The shop shall reimburse the price to the customer immediately, but no later than within 14 days of receipt of the goods or proof of their return.
- The shop shall refund the price using the same method of payment used by the customer, unless the customer has expressly agreed to a different method of refund that does not involve any costs for the customer.
- In order to exercise warranty rights, the product must be sent to the address of the Shop given in the Terms and Conditions. The customer may refrain from paying the price until the Shop has fulfilled its obligations under the warranty.
- The product should be sent back packed and protected against possible damage during transport, together with all the elements received at the time of purchase, such as, among others, instructions, etc.
- The Shop shall be liable for the lack of conformity of the goods with the contract existing at the moment of their delivery and revealed within two years from that moment, unless the expiry date of the goods, as determined by the Shop, its legal predecessors or persons acting on their behalf, is longer. Any lack of conformity of the goods with the contract that becomes apparent before the expiry of two years from the time of delivery of the goods shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specific nature of the goods or the nature of the lack of conformity of the goods with the contract.
V. Complaint
- A complaint can be lodged electronically by sending an e-mail or in writing in the traditional form of a letter.
- The shop will consider the complaint within 14 days from the effective date of complaint.
- A complaint is not entitled in case of:
- mechanical damage of external origin, including damage resulting from improper use,
- repairs or modifications not in conformity with the manufacturer's recommendations. A reply to a complaint is sent to the e-mail address provided during purchase. In the event of a change of e-mail address - in order to facilitate the complaint process - this information should be notified to the Store.
VI. Guarantee
- Goods sold by the Store may be covered by a guarantee granted by the manufacturer of the Goods or its distributor.
- If the Goods are covered by a manufacturer's or distributor's warranty, information on the existence and content of the warranty relating to the given Goods shall be placed on the Website of the Store.
VII. Seller's liability
- The Seller is not liable for non-performance or undue performance of the contract caused by force majeure or action of administrative authorities.
- Subject to the restrictions under generally applicable laws, the Seller is not liable for damage caused by IT or communication errors such as: lack of ability to use the shop's website by the Customer, errors in displaying information on the website, missing elements of the description or information about the products, communication disruptions, defects, malfunctions, delays in operations or transmission, computer virus, line or system failure. In particular, the Seller shall not be liable for any damage caused by technical disruptions of electronic mail caused by telecommunications network operators or resulting from technical errors on the part of the Customer.
- The Seller shall not be liable for any consequences of: performing the registration process or making a purchase without registering, including providing false or erroneous data, ordering contrary to the Terms and Conditions.
VII. Final provisions
- These Regulations regulate all principles of making purchases via ADEKO.Kids online shop. In all matters not regulated in these Regulations, the provisions of the Civil Code, the Act of 18 July 2002 on the provision of services by electronic means (consolidated text of the Journal of Laws of 2013, item 1422, as amended) and other acts shall apply, and in relation to consumers also the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827).
- Amendments to the Rules require prior announcement on the Store's website. The Rules of Procedure shall enter into force on 01.03.2024.