Shop rules

1. GENERAL PROVISIONS

1.1. The Online Store available at www.outdoorkids.pl is run by SEBX SZMIGIELSKI SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in Warsaw (registered office address and delivery address: Dragonów 4/42, 00-467 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000917939; the registry court where the company's documentation is stored: District Court for the Capital City of Warsaw Warszawa in Warsaw, 12th Commercial Division of the National Court Register; share capital of PLN 50,000, fully paid up; NIP: 7011049350; REGON: 389815835, e-mail address: sklep@outdoorkids.pl and contact telephone number: 789 393 240.

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes, for a period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4. Definitions:

• WORKING DAY - one day from Monday to Friday, excluding public holidays.

• REGISTRATION FORM - a form available in the Online Store that allows you to create an Account

• ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

• CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity - which has concluded or intends to conclude a Sales Agreement with the Seller.

• CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

• ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a collection of resources in the Service Provider's ICT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

• NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.

• PRODUCT - a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.

• REGULATIONS - these regulations of the Online Store.

• ONLINE STORE - the Service Provider's online store available at the Internet address: www.outdoorkids.pl.

• SELLER; SERVICE PROVIDER - SEBX SZMIGIELSKI SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in Warsaw (registered office address and service address: Dragonów 4/42, 00-467 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000917939; the registry court where the company's documentation is stored: District Court for the Capital City of Warsaw Warszawa in Warsaw, 12th Commercial Division of the National Court Register; share capital of PLN 50,000, fully paid up; NIP: 7011049350; REGON: 389815835, e-mail address: sklep@outdoorkids.pl and contact telephone number: 789 393 240.

• SALES AGREEMENT - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.

• ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

• SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity - using or intending to use the Electronic Service.

• ACT ON CONSUMER RIGHTS - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

• ORDER - Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter

• Account - the use of the Account is possible after completing a total of two subsequent steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Create" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname, e-mail address and password.

  • The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: sklep@outdoorkids.pl or in writing to the address: Dragonów 4/42 , 00-467 Warsaw.

• Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form, the "Order and pay" field - until then, it is possible to modify the data entered (in the for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.

  • The Order Form Electronic Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.

• Newsletter - the use of the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. You can also subscribe to the Newsletter by ticking the appropriate checkbox when placing the Order - at the time of placing the Order, the Service Recipient is subscribed to the Newsletter.

  • The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: sklep@outdoorkids.pl or in writing to the address: Dragonów 4 /42, 00-467 Warsaw.

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option of saving Cookies and Javascript.

2.3.The Service Recipient is obliged to use the Online Store in a manner consistent with the law and decency, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal content.

2.4. Complaint procedure for Electronic Services:

• Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which was indicated in point 6 of the Regulations) the Service Recipient may submit, for example:

  • in writing to the following address: Dragonów 4/42, 00-467 Warsaw;

  • in electronic form via e-mail to the following address: sklep@outdoorkids.pl.

• It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Customer's requests; and (3) contact details of the complainant - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

• The Service Provider's response to the complaint takes place immediately, not later than within 14 calendar days from the date of its submission.

3. TERMS OF CONCLUDING THE SALES AGREEMENT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed on the Online Store website when placing an Order, including when the Customer expresses the will to be bound by the Sales Agreement.

3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form

• The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

• After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the appropriate e-mail to the Customer by the Seller to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Regulations.The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

• Cash on delivery upon delivery.

• Payment by bank transfer to the Seller's bank account.

• Card payments using Apple Pay.

• Electronic payments and card payments via the Przelewy24.pl website - possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website https://www.przelewy24.pl/.

  • Settlements of electronic payments and payment card transactions are carried out in accordance with the Customer's choice via the Przelewy24.pl website. Electronic payments and payment cards are handled by:

    • pl - PayPro S.A. company with its registered office in Poznań (address of the registered office: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, share capital: PLN 5,476,300.00 fully paid up, NIP 7792369887, REGON 301345068.

  • Payment in installments - payment is made in whole or in part with funds from a loan granted by Klarna - Sofort GmbH Theresienhöhe 12 80339 Munich, Germany, registered at the Munich District Court: HRB 218675, EU VAT: DE248376956.

4.2. Payment term:

• If the Customer chooses payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

• If the Customer chooses cash on delivery upon delivery, the Customer is obliged to make the payment upon delivery.

5. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

5.1. Delivery of the Product is available on the territory of the Republic of Poland.

5.2. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

5.3. The Seller provides the Customer with the following methods of delivery of the Product:

• Courier delivery, COD delivery.

5.4. The period of delivery of the Product to the Customer is up to 10 Business Days, unless a shorter period is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, may not exceed 10 Business Days. The beginning of the period of delivery of the Product to the Customer is counted as follows:

• If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

• If the Customer chooses the method of payment in cash on delivery - from the date of conclusion of the Sales Agreement.

• If the Customer chooses the payment method in the installment system - from the date of notifying the Seller by the creditor of concluding a credit agreement with the Customer, but not later than from the date of crediting the Seller's bank account with funds from the credit granted to the Customer

The main forwarders used to ship goods are DPD and Inspost.

6. PRODUCT COMPLAINT

6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable law, in particular in the Civil Code (including Articles 556-576 of the Civil Code).

6.2. The Seller is obliged to provide the Customer with a defect-free Product

6.3. A complaint may be submitted by the Customer, for example:

• in writing to the following address: Dragonów 4/42, 00-467 Warsaw;

• in electronic form via e-mail to the following address: sklep@outdoorkids.pl.

6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a way to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, exercising the rights under the warranty, requested a replacement of the item or removal of the defect or made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that the request was justified.

6.6. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: Dragonów 4/42, 00-467 Warsaw. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

6.7. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.

7. EXTRA-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SUFFERING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is to among others, providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.

7.3.The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for dispute settlement to a permanent amicable consumer court (more information at: http://wwwspsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller's business activity); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at the address advice@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the hotline is open on working days, from 8:00 a.m. to 6:00 p.m., connection fee according to the operator's tariff).