Terms and Conditions of QKIDS Online Store
valid from 01.07.2021.
- These Terms and Conditions shall govern activities of the QKIDS Online Store, operating at www.qkids.pl, which is run by TelForceOne S.A., with its registered office in Wrocław (50-428) at ul. Krakowska 119, entered in the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division under KRS number 0000232137, NIP 898-196-78-51, REGON 932674375, with a share capital of PLN 8,195,848.
- The Terms and Conditions are available continuously on the Website of the Store at: https://www.qkids.pl/regulamin/ in a way that allows Users at any time to reproduce and record its content.
The terms used in the Terms and Conditions shall mean:
- Store – Online Store operating at www.qkids.pl, selling goods via the Internet;
- Business Days – all days of the week from Monday to Friday, excluding public holidays;
- Lead Time – time in which the Store forwards the Order to the Carrier performing the form of delivery chosen by the Customer;
- Customer Account – a database containing the Customer’s data used to execute placed Orders, Order history, information about given consents for marketing.
- Order – an order for the Goods placed by the Customer in the Store in accordance with these Terms and Conditions.
- Customer – an entity to whom services may be provided by electronic means or with whom the Sales Agreement may be concluded pursuant to the Terms and Conditions and applicable law.
- Privileged Customer – a Privileged Consumer or Entrepreneur;
- Consumer – a natural person making with the entrepreneur a legal transaction which is not directly related to their business or professional activity.
- Privileged Entrepreneur – a natural person who concludes with the Seller the agreement which is directly related to their business activity, but which is not of a professional nature and who has made a declaration that the Order is not related to their business activity (it shall be equivalent to ticking the box on the order form) or when it results from the subject of their business activity, made available on the basis of the provisions of the Central Registration and Information on Business.
- Carrier – an entity with which the Store cooperates within the scope of Goods Delivery.
- Seller – an operator of the Online Store – TelForceOne S.A., located in Wroclaw (50-428) at ul. Krakowska 119, entered in the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division under KRS number 0000232137, NIP 898-196-78-51, REGON 932674375, with a share capital of PLN 8,195,848.
III. ACCEPTING AND EXECUTING ORDERS
- The Customers can place the Orders through the Online Store 7 days a week and 24 hours a day. Placing Orders shall be possible on condition that the ICT system used by the Customer meets the following minimum technical requirements.
- The minimum technical requirements to use the Online Store shall be a device connected to the Internet with an installed web browser that supports storage of “cookies.”
- In order to make purchases at the Store, the Customer must set up an account or buy without logging in and registering an account as described below:
- a) In order to create the Account, the Customer must fill in the form available on the QKIDS website, providing their full name, email address, specify a password for the account and accept the Terms and Conditions.
- b) In order to place an Order without registering the account, the Customer must select a delivery method, specify the shipping address, provide an email address and a telephone number.
When placing the Order in the Store, the Customer shall declare their intention to conclude the agreement with the Store for the sale of the ordered goods. To place the Order, the Customer must:
- select the ordered goods,
- choose the method of delivery and the address to which the receipt / invoice is to be issued (these may be different addresses),
- choose a payment method.
Hence placing an Order via the Online Store, the Customer shall complete the Order by selecting the Goods that they are interested in. Adding Goods to the Order shall be done by choosing the command “ADD TO THE CART” under a given item. After completing the entire Order and indicating a method of delivery and payment in the “CART”, the Customer shall place the Order by sending the order form to the Seller, selecting the “ORDER WITH OBLIGATION TO PAY” button on the Website of the Store.
- Confirmation of Order acceptance sent by the Store to the email address provided by the Customer shall mean accepting the intention referred to above.
- If the ordered Goods are not available in the Store’s warehouse or for other reasons and Customer’s Order cannot be executed, the Store shall notify the Customer of this fact no later than within 3 working days from the date of placing the Order and, if the Customer has made a payment, it shall return the money paid. The notification shall be sent to the email address provided by the Customer in the order form.
- If some Goods covered by the Order are unavailable in the warehouse or due to other reasons making it impossible to execute the Order in the time provided for in the Order, the Customer shall be informed about the status of the Order and shall decide on the manner of its execution.
- The Customer shall have the following rights:
- a) partial execution – if the Customer chooses this option, the Order shall be executed only for the available Goods; in the remaining scope the Customer shall cancel the Order and the Store shall be released from the obligation to execute the Order for the unavailable Goods,
- b) cancellation of the Order – the Customer shall cancel the entire Order and the Store shall be released from its obligation to execute the Order.
- If the Customer has paid for the Goods and the Order has not been executed, the Store shall return the amount due to the Customer in accordance with the procedure described in Section 10 (Reimbursement).
- A limited number of Goods shall be intended for promotional campaigns and sales. The Orders shall be executed in the order in which they are received, until the stocks covered by this form of sale in the Store warehouse are exhausted.
- If the Customer checks the box “I want to receive a VAT invoice” in the order form and then fills in the form marked “Company” and enters NIP, it shall be assumed that the Customer concludes the agreement for professional purposes as an Entrepreneur within the meaning of the Terms and Conditions. If the purchase is made for purposes other than professional ones, the Customer shall be obliged to tick a box with the following content: “I declare that I am concluding the agreement as a privileged entrepreneur and that it is not of a professional nature to me.”
IV.PRICES OF GOODS
- All prices of goods posted on the Website of the Store shall:
- a) include VAT,
- b) be given in Polish zloty,
- c) not include information on delivery costs.
- The price specified next to each product shall be binding at the moment of placing the Order by the Customer.
- The store shall reserve the right to introduce changes to product prices, conduct and cancel promotional campaigns and sales or change them.
- The Store shall deliver the Goods throughout the European Union.
- The ordered product shall be delivered with the aid of the Carriers who shall be specialized postal operators or courier companies.
- The place of the contractual obligation associated with the purchase of products in the Online Store is a delivery address specified by the Customer or, in the case of choosing the Paczkomaty InPost service, the address of the parcel pick-up station selected by the Customer or, in the case of choosing courier delivery, a delivery address specified in the Order.
- The Seller shall publish information in the Online Store about the number of Business Days needed for Delivery and Order execution.
- The Delivery and Order execution date indicated on the Website of the Store shall be calculated in Business Days from the moment of making the payment if the Customer chooses the prepayment option.
- On the day of dispatch of the Goods to the Customer, information confirming dispatch by the Seller shall be sent to the Customer’s email address.
- The Online Store shall perform Delivery via the Carrier selected by the Customer from among the following entities:
- a) in Poland, as selected by the Customer: GLS courier, DPD courier, Paczkomaty InPost, Poczta Polska;
- b) foreign delivery (all EU countries): UPS courier.
VI. LEAD TIME
- The Orders shall be executed as indicated in the Online Store, within 2-3 working days for foreign shipments and 1-2 working days for shipments in Poland. In the case of an extended lead time, the Customer shall be notified of this either when placing the Order or immediately afterwards in the form of an email sent to the email address specified in the Order.
- The day of execution of the Order or part of the Order shall be the day on which the goods are released to the Carrier for delivery to the Customer.
VII. METHODS OF PAYMENT
- The Customer may choose the following forms of payment:
- Online transfer – a form of electronic payment supported by the Operator of Electronic Payments.
- Cash on delivery – by selecting this form in the order form;
- In the case of foreign shipments – PayPal payment
- The Customer shall be obliged to pay the price for the ordered Goods, including delivery costs, not later than within 14 days from the date of conclusion of the agreement.
- Any additional costs associated with different forms of payment shall be specified each time in the order summary.
- In the case of certain types of assortment, the Seller shall reserve the right to limit the method of payment or delivery by excluding certain payment and delivery options. Each time information about the exclusion shall be placed in the Item description.
- If the received Goods are not in conformity with the agreement, the Customer who is the Privileged Buyer may exercise, at their discretion, their rights from the Seller under the warranty or guarantee set forth in the Guarantee Terms and Conditions. The Guarantee shall cover only selected Goods indicated in the Online Store.
- In order to make a complaint, the Customer should, at their discretion:
- send a notification of complaint via email to the following address firstname.lastname@example.org follow the instructions in the return email;
- fill in a complaint form at www.qkids.pl and follow the instructions contained in the form;
The notification of complaint should include at least:
- complete Goods including sets, free products;
- a proof of purchase;
- description of a defect;
- Customer’s request;
The product covered by the complaint must be packed in a way that does not indicate the contents of the parcel and so that the Goods are properly protected against any mechanical damage. If the dispatched Goods are packed not in accordance with the above guidelines, the Seller shall not be responsible for their destruction or loss.
The Online Store shall respond to the complaint within 14 days of receiving the device under complaint and shall inform the Customer about further proceedings by email. If the complaint is accepted, the damaged Item shall be repaired or replaced with new, full-value one. If this is not possible (for example because the product is out of stock) the website shall reimburse the Customer for the costs incurred or, with the Customer’s consent, replace the device with another model with similar technical parameters and similar value.
STATUTORY RIGHT OF WITHDRAWAL
- A Customer who is the Privileged Buyer who has concluded the Sales Agreement may withdraw from it within 30 days without giving any reason.
- The period for withdrawal from the Sales Agreement shall commence at the moment of taking possession of the Goods by the Privileged Buyer or a third party indicated by them other than the Carrier.
- The Privileged Buyer may withdraw from the Sales Agreement by making a statement of withdrawal. The statement can be made on a form, a template of which shall be included in Appendix No. 1 to these Terms and Conditions and by completing an appropriate form in the Online Store at:
- In order to meet the deadline it shall be sufficient to send the statement before its expiry in an electronic form to the following email address email@example.com or in writing to the address: TelForceOne, ul. Krakowska, 119 50-428 Wrocław. This statement may also be sent in the parcel together with the returned goods.
- Returned Goods should be sent to the following address: ZWROTY – MoMi TelForceOne ul. Krakowska 119 50-428 Wrocław clearly marked “ZWROT” on the outside of the package
- In the case of withdrawal from the Sales Agreement, it shall be considered as not concluded.
- If the Privileged Buyer has made a statement of withdrawal from the Sales Agreement before the Online Store has accepted their offer, the offer shall cease to be binding.
- The Online Store shall be obliged to immediately, no later than within 14 days from the date of receipt of a statement of withdrawal from the Sales Agreement from the Privileged Buyer, return to them all payments, including the cost of Delivery. The Online Store may withhold reimbursement until it has received the Goods or a proof of sending the Goods, whichever occurs first.
- If the Privileged Buyer, exercising the right of withdrawal, has chosen a method of Delivery of the Goods other than the least expensive usual method of Delivery offered by the Online Store, the Online Store shall not be obliged to reimburse the privileged Buyer for additional costs incurred by them.
- The Privileged Buyer shall be obliged to return the Goods to the Seller promptly, however, no later than within 14 days from the date of withdrawal from the Sales Agreement. In order to meet the deadline, it shall be sufficient to send back the Goods to the address specified in the Terms and Conditions before the deadline.
- The returned Goods must be new, have no signs of use and be suitable for resale.
- The Seller shall refund the payment using the same method of payment as used by the Customer.
- The right of withdrawal shall not apply to, i.a., the agreement:
- in which the subject of contractual obligations is a non-prefabricated item, produced according to Customer’s specifications or used to meet their individual needs;
- in which the subject of contractual obligations is liable to deteriorate or expire rapidly;
- in which the subject of contractual obligations is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;
- in which the subject of contractual obligations is items which after delivery, due to their nature, are inseparable from other items;
- in which the subject of contractual obligations is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- for supply of digital content which is not recorded on a tangible medium if the contractual obligation has begun, with the Customer’s express consent, before the deadline for withdrawal from the agreement.
- PERSONAL DATA
- The Controller of Customers’ personal data provided during the Registration, one-time Order placement and in the framework of fulfilling contractual obligation by electronic means by the Online Store or in other circumstances defined in the Terms and Conditions, shall be TELFORCEONE S.A. with its registered office in Wrocław (50-428), ul. Krakowska 119, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, VI Commercial Division of the National Court Register under KRS number 0000232137, NIP 8981967851.
- The Seller shall process the Customers’ personal data in order to:
- execute of the Order (based on Article 6(1)(b) of GDPR);
- fulfill legal obligations imposed on the Seller in connection with Order execution (on the basis of Article 6(1)(c) of GDPR);
- transfer commercial information, marketing offers, including information on any discounts and promotions to the provided email address pursuant to Article 6(1)(a) of GDPR, provided the consent was granted;
- administer the Customer Account, if it has been set up, i.e. maintaining the Customer Account and ensure its functionality specified in the Terms and Conditions, which shall constitute a legitimate interest of the Seller and the Customer (on the basis of Article 6(1)(a) and (f) of GDPR);
- handle any email communication sent via a contact form or otherwise, which shall constitute a legitimate interest of the Seller or third parties (Article 6(1)(f) of GDPR);
- pursue a legitimate interest of the Seller or third parties other than the one mentioned above, including e.g. identification, pursuit and defense of claims which are likely to arise in connection with using the Store and functionalities available in the Store (pursuant to Article 6(1)(f) of GDPR).
- The Customer’s personal data shall be processed for the time necessary to achieve the purposes of processing set out in Section 2, i.e:
- for the period of execution and settlement of the Order;
- for the period indicated in the provisions of law imposing certain obligations on the Seller, such as the obligation to store settlement documents relating to the Order;
- in the case of consent to receive commercial and marketing information – for the period of conducting information and marketing activities by the Seller within the framework of which commercial information, marketing offers etc. are transmitted, but no longer than until withdrawal of the consent. Consent withdrawal can be effected any time without affecting the lawfulness of processing which was carried out on the basis of consent before its withdrawal.
- for the period of administration of the Customer Account, but not longer than until deactivation of the Account by the Seller or the Customer or withdrawal of the Customer’s consent. Consent withdrawal can be effected any time without affecting the lawfulness of processing which was carried out on the basis of consent before its withdrawal.
- for the period necessary to ensure handling email correspondence, in particular closing the subject of the correspondence, if the Customer has addressed such correspondence to the Seller;
- for the period necessary for pursuing legally justified interests of the Seller or third parties, including the period of prescription of claims that may arise in connection with the use of the Store, including with the executed Order.
- After expiry of the periods specified in Section 3(a) – (e), the Customer’s data may be stored for the period specified in Section 3(f), i.e. for the period of the period of prescription applying to claims which may arise in connection with the use of the Store, including with the Order.
- If you grant your consent for processing, the data will be processed throughout the term required to pursue the data processing objective, no longer however than until the consent is withdrawn. The consent withdrawal can be effected any time without affecting the lawfulness of processing which was carried out on the basis of consent before its withdrawal. After the said period expires, the data can be kept until the statute of limitations for claims that may arise in connection with the website use.
- The Customer shall be entitled at any time to withdraw their consent for personal data processing (if they have granted it), to access their data and to demand its correction, deletion, processing restriction, transfer to any other data controller, not being subject to a decision based solely on automated processing, including profiling, as well as they have the right to object to data processing without affecting the legality of processing carried out pursuant to the consent before it was withdrawn. The Customer shall have the right to complain to the supervisory authority competent for the personal data protection, i.e. the President of the Personal Data Protection Office if the Customer believes data processing by the Seller is inconsistent with GDPR.
- The Seller shall transfer the Customer’s personal data only to entities providing the Seller with services related to realization of the purposes of processing specified in Section 2, including IT system providers, entities dealing with technical preparation, entities belonging to the TelForceOne Capital Group and persons who perform tasks related to sales and marketing processes, execution of the Order, accounting services, invoicing and agreement settlements, entities providing legal services and debt recovery, postal operators, couriers, banks when making payments and authorities entitled to obtain personal data in accordance with the applicable law. In such cases, the amount of data transferred shall be limited to the minimum required to realize the purposes of the processing. Moreover, the data provided by the Customer can be shared with competent public authorities if this is required by the applicable law.
- If the data is provided on a consent basis, the Customer shall provide it voluntarily, but the failure to provide it may result in their inability to use selected Store options. In other cases, collection of data is necessary for execution of the Order, setting up a Customer Account and pursuing the legitimate interests of the Seller or third parties. The failure to provide such data could result in the inability to execute the Order, create a Customer Account or pursue the legitimate interest of the Seller or third parties.
IX. FINAL PROVISIONS
- All matters not regulated herein shall be governed by generally applicable provisions of the Polish law, and in particular the provisions of the Civil Code, the Personal Data Protection Act, the Act on Providing Services by Electronic Means and the Consumer Rights Act.
- Any disputes between the parties shall be settled by the competent common court.
- The Seller reserves the right to amend these Terms and Conditions. All Orders accepted by the Seller for execution before the effective date of the new Terms and Conditions shall be executed on the basis of the Terms and Conditions which were in force on the date of placing the Order by the Customer. A change to the Terms and Conditions shall come into force within 7 days of its publication on the Website of the Store. The Seller shall inform the Customer, 7 days before the new Terms and Conditions come into force, about the change of the Terms and Conditions by means of a message sent via email containing a link to the text of the changed Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they shall be obliged to notify the Seller of this fact, which shall result in termination of the agreement for provision of services by electronic means within the scope of maintaining the Customer Account.
- The Terms and Conditions shall take effect on 1 July 2021.
Appendix No. 1