Conditions of Use

Regulations of the www.kiinde.pl website
 
I. Definitions
 
The terms used in the Regulations have the following meanings:
 
1. Password – a string of alphanumerical signs, necessary for authorization when accessing the Client Account, determined individually by the Client on the Website.
2. Client - i) natural person, including the Consumer, who is entitled to take legal actions and/or is above 13 years of age, however in the case of a person that is under 18, a consent from a legal representative or guardian is required, and ii) legal person or an organization that is not a legal person whose special provisions grant it legal capacity, or which uses or is going to use the Website, including the Online Shop.
3. Consumer – Client, specified in art. I.2.i) executing with the entrepreneur, including the Seller, a legal action not directly related to its business or professional activity.
4. Account (Client Account) – part of the Website within which the Client can take advantage of selected functions, specified in the Regulations.
5. Coupon Codes – information about granting the Client certain benefits, including discounts for Products, specified in each of their regulations, available on the Website.
6. Client Login (Login) – a string of alphanumerical signs (e-mail), determined individually by the Client during the Registration process, needed in order to access the Client Account.
7. Newsletter – commercial information provided by the Seller via the Website with the aim to directly or indirectly promote the Products, services or the image of the Seller or other entities cooperating with the Seller.
8. Product – defined in art. I Appendix I to the Regulations.
9. Regulations – present Website regulations with all, mentioned in its content, appendixes. In the scope of services rendered via electronic means, the Regulations and/or the appendixes are respectively regulation, pursuant to art. 8 DE Act. 10. Online Shop Regulations – regulations on sales conducted with the use of means of distant communication as well as rendering services via electronic means, constituting Appendix no. 1 to the Regulations.
11. Registration – one-time activity consisting in creating the Client Account, made with the use of tools available on the Website.
12. Website – all functionalities provided by the Seller on http://www.kiinde.pl.
13. Online Shop – functionality of the Website by use of which it is possible to place Orders (buy Products).
14. Party – Seller and Client, unless the Regulations state otherwise.
15. Goods – defined in art. I Appendix no. 1 to the Regulations.
16. Sales Agreement – defined in art. I Appendix no. 1 to the Regulations.
17. Service (Services) – access to the Website, granted by the Seller via electronic means, pursuant to the DE Act.
18. Seller –Pellamama Sp. z o.o. with its registered seat in Piaseczno, on ul. Puławska 34 bud. 2, 05-500 Piaseczno, enlisted in the register of entrepreneurs of the National Court Register managed by the District Court for Warsaw in Warsaw, XIV Economic Deoartment of the National Court Register under the KRS number 0000526973, NIP number 123-129-06-13, and REGON number 147147612500000, with the share capital of 5000 PLN.
19. Act – Act from 30th May, 2014, on consumer rights (Journal of Law from 24th June, 2014, item 827).
20. DE Act – Act from 18th July, 2002, on rendering services via electronic means (Journal of Law from 2002, no. 144, item 1204 as amended).
21. Civil Code Act – Act from 23rd April, 1964, Civil Code (Journal of Law from 1964, no. 16, item 93 as amended).
22. PA Act – Act from 4th February, 1994, on copyright and related laws (from 17th May, 2006 – Journal of Law from 2006, no. 90, item 631 as amended).
23. PT Act – Act from 16th July, 2004, on telecommunication law (Journal of Law from 26th February, 2014, item 243). 24. Order – defined in art. I Appendix no. 1 to the Regulations. II.
General Provisions
1. The Regulations determine the rules of using the Website. The Website enables the
Clients to:
1. manage personal data present on the Client Account (requires Registration and logging),
2. receive information about the Order status in the Online Shop (requires Registration and logging),
3. control and manage the Orders (requires Registration and logging),
4. access the Coupon Codes (requires Registration and logging, if they are available only on the Client Account),
5. receive information about the Products in the Online Shop (does not require Registration or logging),
6. place Orders, in accordance with Appendix no. 1 to the Regulations (requires Registration and logging),
7. perform communication related to Products and activity on the Website (may require Registration and logging, according to the messages on the Website),
2. The provisions of the Regulations do not violate the laws of the Consumers granted by general provisions of law, in particular by the Act and the Civil Code.
3. The Client’s use of the Website via other means of distance communication is connected with bearing additional connection costs by the Client. The payments for connection costs are not charged by the Seller, but by a provider of public telecommunication services, pursuant to the PT Act, used by the Client. The connection cost is calculated on the basis of the rates for telecommunication services of a given operator used by the Client.
4. The Seller may limit the access to specific functionalities of the Website for Clients who do not meet certain conditions, for example age (below 18). Information concerning limitations shall be duly communicated on the Website.
5. As far as other provisions of the Regulation do not state otherwise, the rights concerning the content provided on the Website, in particular copyrights, symbols of the Online Shop, trademarks of the Seller and the Goods’ producers, sellers of Additional Services and other available on the Website, including any graphic elements, software and rights related to data bases, as well as other intellectual property rights are under legal protection, and are the sole property of their owners, of the Seller or other entities being in relation with the Seller by means of specific agreements.
6. Clients may at any time, without bearing any costs, gain access to the Regulations via an Internet redirection (link) present on the Website, as well as make its printouts.
III. Technical Conditions
1. Using the Website is possible if the system used by the Client meets the following minimal technical conditions:
1. Internet Explorer version 9.0 or latest with active ActiveX, JavaScript and Cookies, or
2. Mozilla Firefox version 30 or latest with active Java, JavaScript and Cookies applets, or
3. Google Chrome version 30 or latest with active Java, JavaScript and Cookies applets,
4. As well as minimal screen resolution of 1024 x 768 pixels.
2. The Seller uses cookies files in order to gain information connected with the Client’s use of the Website in order to: 1. maintain Client’s session (after logging), owing to which the Client does not have to consistently log in while browsing the Website, 2. adjust and optimise the Website according to the Client’s needs,
3. create statistics about the popularity of the Website’s subpages,
4. personalize marketing messages,
5. ensure safety and faultiness of the Website’s performance.
3. Particular subpages of the Website, as well as other means of communication with the client, may contain "web beacons” (electronic images, also called empty gifs). Web beacons allow to receive information such as: the IP address of the computer (Internet Protocol) on which a given subpage is loaded, and on which a web beacon was placed, the subpage’s URL address, subpage’s loading time, browser type, as well as information stored in cookies in order to determine the effectiveness of the advertisements.
4. In case of releasing the Website in a version adapted to mobile devices, not all functionalities and content of the Website may be available when compared to the original version.
IV. Scope, conditions and rules of using the Website
1. The Seller is obliged to render services to the Client in scope and under conditions determined in the Regulations.
2. The agreement for rendering services via electronic means is concluded at the moment of its filling, and acceptance of the registration form by the Client, or each time by means of using the Website by the Client (in the case of lack of Registration). In both cases the agreement is concluded for an indefinite period of time.
3. The Registration shall be made by filling and accepting the registration form provided on the Website.
4. Detailed provisions concerning the use of dedicated, for the Client, Coupon Codes, as well as conditions for other promotional and marketing events shall be stated on the Client Account or determined by separate regulations, which shall be communicated to the Client by the Seller.
5. The Seller reserves the right to perform technical modifications of the way of executing the Website’s functionalities, accordingly to the scope and conditions of owned authorizations, as well as to possessed technical capabilities, without worsening their quality, and without influencing the rights and obligations of the Parties.
6. In order to assure safety of communication on the Website, in particular during placing Orders, the Seller shall use all technical and organizational steps corresponding to potential risks, in order to assure safety of the Website.
7. The Seller is not an "Internet” provider, nor a provider of other publically available telecommunication services, in accordance with the PT Act. The Clients should by their own means gain an access to a computer or an end device with the use of which they will be able to gain access to the Website and take advantage of its functionalities.
8. The Client is in particular obliged to:
1. use the Website in a way not disrupting its functionality, among others by using certain software and devices,
2. refrain from any actions meant to gain access to information not intended for the Client,
3. use the Website with respect to the law and Regulations, including refraining from disclosing and transferring content that is forbidden by law,
4. use the Website in a manner non-troublesome to other Clients and to the Seller, respecting their personal interest (including the right to privacy) and all rights granted to them,
5. making use of the content on the Website only for its own use; using the content of the Website that is the property of the Seller or other third parties for other purposes is possible only after receiving their owner’s approval.
9. The Client is solely responsible for its actions on the Website.
10. The Seller may deprive the Client of its rights to use the Website, including the right to place Orders, as well as limit the Client’s access to the Website with immediate effect in the following cases:
1. if the Client gives information that are confusing or that violate the rights of third parties,
2. if the Client infringes personal interest, especially of other Clients,
3. in the case of actions or omissions violating the Regulations, laws in force, rules of social coexistence, for example by persistent, multiple placement of Orders and constant, repeated non-acceptance of Products, unless the case is subject to art. V and art. VI of the Online Shop Regulations.
11. A person deprived of rights to use the Website in accordance with the provisions of art. IV.1 1 of the Regulations cannot reregister without prior consent of the Seller.
12. The Seller shall grant the Client, who was deprived of the right to use the Website in accordance with art. IV.11 of the Regulations, an electronic mechanism enabling archiving of the data from the Client Account.
13. The Client who consented to sending commercial information shall be receiving a Newsletter. The sending date of the Newsletter is determined by the Seller. The Client may at any times resign from the Newsletter, in particular by clicking a proper internet redirection (link) in the Newsletter.
14. The Seller may conduct tests of new functionalities or technical solutions for the Website. Information concerning such actions shall be provided on the Website if they should affect any rights or obligations of the Clients.
V. Complaints concerning the functionality of the Website
1. The Seller shall take actions aimed at proper functioning of the Website to the extent determined by his current technical knowledge, and is obliged to immediately remove any defects or interruptions in the functioning of the Website, that were reported by the Clients.
2. The Client may inform the Seller about any defects or interruptions in the functioning of the Website (Complaints).
3. The Client may send Complaints to the following address: Pellamama Sp. z o.o. ul. Puławska 34 bud. 2, 05-500 Piaseczno or via email to: kontakt@kiinde.pl. The date of Complaint is considered to be the date of its dispatch to the Seller, confirmed by a postal stamp or a date when the electronic message was sent.
4. The Client may file the Complaint within 30 days from the day when the defects or interruptions in the functioning of the Website appeared, which does not affect or prejudice the statutory Consumer’s rights to file claims.
5. The Complaint should include the following information about the Client: name and surname, postal address, nature and appearance date of the reasons for filing the Complaint.
6. The Complaint shall be investigated by the Seller within 30 days from the date of its receipt by the Seller. The result of such investigation of the Complaint shall be immediately communicated by the Seller to the Client.
VI. Responsibilities
1. The Client is solely responsible for ensuring technical conformance of his computer equipment or end device and the telecomputer or telecommunication systems with the Website.
2. The Client is responsible for acts and omissions of other entities granted by him the access to the Website via its own Account, just as these actions were its own.
3. The Seller is not responsible for the results of using the Website by the Client in a manner violating the law in force, the Regulations and agreed rules of social coexistence.
4. The Seller reserves the right to suspend or terminate some of the functionalities of the Website due to maintenance, inspections or expanding the technical base, in cases when such actions do not violate Client’s rights.
VII. Other rights and obligations
1. Each Party, at any time and without stating the reason, may terminate the agreement for rendering electronic services provided that the other Party’s rights gained before the termination of such agreement and the provisions stated below are kept.
2. The Client who completed the Registration may terminate the agreement for rendering electronic services: i) on his own, using the Client Account, using the option on the subpage, or ii) by filing a will to remove the Client Account to the Seller, in which case the termination of the agreement shall be effective after the notice period of 14 days.
3. The Seller, wanting to terminate the agreement for rendering electronic services, shall inform the Client by sending a notice to his e-mail address stated on the Client Account, with a 14-day notice period before planned deletion of the Client Account.
4. The Seller has the right to withdraw from the agreement for rendering electronic services immediately in case of violation of the provisions of the Regulations by the Client, or as a result of ineffective actions aimed at making the Client stop violating the provisions, in a period of 1 working day.
5. The Seller has the right to stop maintaining the Client Account or one of its functionalities. Such resignation shall be communicated to the Client at least 14 days in advance, via electronic means, to the address stated on the Client Account and after logging to the Client Account.
6. In case of resignation by the Seller from maintaining the Client Account, all Coupon Codes and/or other benefits granted to the Client within the Client Account, whose expiration date goes beyond the date of using the Client Account by the Client, may be used by the Client not later than on the day of their expiration.
7. In case of resignation by the Seller from maintaining the Client Account, the Seller shall guarantee the archiving of data disclosed on the Client Account in a PDF file format.
VIII. Reasonable ways of processing complaints and pursuing claims
1. The Consumer has, among others, the following possibilities of nonjudicial ways of processing complaints and pursuing claims:
1. The Consumer is entitled to address a permanent consumer arbitration court by the Trade Inspection with a motion to resolve the dispute concerning the concluded Sales Agreement,
2. The Consumer is entitled to address the Voivodeship inspector of the Trade Inspection with a motion to start a mediation process to amicably resolve the dispute between the Consumer and the Seller,
3. The Consumer may get free help in resolving the dispute between the Consumer and the Seller, using free help of the district (city) consumer advocate or a social organization whose statutory activities include helping consumers (for example the Consumer Federation, Association of Polish Consumers).
2. Detailed information about the Consumer’s possibilities of using nonjudicial ways of processing complaints and pursuing claims, as well as the rules of accessing such procedures are available in premises or on websites of district (city) consumer advocates, social organizations whose statutory activities involve consumer protection, Voivodeship Inspectorates of the Trade Inspection, and on the following website: http://www.uokik.gov.pl.
IX. Disputes
1. Resolving disputes between the Seller and the Consumer shall be subject to competent courts, pursuant to provisions of the Polish law.
2. Resolving disputes between the Seller and the Client who is not a Consumer shall be subject to general court having the jurisdiction over the seat of the Seller.
X. Transitional and final provisions
1. In all manners not regulated by the Regulations, the corresponding legal regulations governing the Republic of Poland, in particular the Acts, the Civil Code, the DE Acts, and the PA Acts shall apply.
2. The Seller is entitled to unilaterally introduce changes to the Regulations in the following cases: i) in case of organizational or legal changes of the Seller, ii) in case of a change in laws in force that affect the Website, iii) in case of changes of the functionalities of the Website, provided that the changes of the Regulations are aimed at adjusting the content of the Regulations to its functionalities. The Seller shall inform the Client about any changes to the Regulations, as far as it is not terminated within 14 days from the date of providing information about changes to the Regulations. Changes to the Regulations in scope of its reference to Sales Agreements concluded before changing the Regulations, as well as to Orders that were placed before changing the Regulations, do not change their content and conditions.
3. Up-to-date Regulations shall be published on the Website, and made available at Client’s demand by electronic means (to the e-mail address stated on the Client Account), free of charge.
4. The Regulations come into force on 1st May, 2015.
 
 
Appendix no. 1 to the Regulations
Online Shop Regulations
I. Definitions
The terms used in the Regulations of the Online Shop have the following meanings:
1. Goods – movable property that is the subject of the Sales Agreement.
2. Product – Goods and Additional Services presented in the Online Shop. Unless the Insurance Regulations state otherwise; in the case of purchasing Insurances, the provisions concerning Product Orders shall apply.
3. Sales Agreement - contract on selling Products within the meaning of the Civil Code Act, concluded between the Seller and the Client by means of electronic communication, in the Online Shop.
4. Additional Service – a service that is the subject of the Sales Agreement rendered for the benefit of the Client outside the Online Shop, connected with the transport of Goods (for example training on the use of the Goods), described on the Website.
5. Order – declaration of will of the Client, directly aimed at concluding the distance Sales Agreement via the Online Shop, stating the type and/or quantity of the Products, as well as additional content required by law.
II. General provisions
1. The Online Shop Regulations define the rules of using the Online Shop by the Clients. The Seller runs the Online Shop, where:
1. the Clients are able to place Orders,
2. the Clients are informed about the Products.
2. Information about the Products, in particular their descriptions, technical information and parameters, as well as their prices are stated in the Online Shop constitute and invitation to conclude an agreement, pursuant to art. 71 of the Civil Code.
3. The information about the price in the Online Shop is binding from the moment when the Client receives an e-mail message referred to in art.IV 3.2 of the Online Shop Regulations. The price shall not change regardless of any subsequent changes of the prices in the Online Shop, which may appear with regards to particular Products.
III. Scope, conditions and rules of using the Online Shop
The Seller is obliged to render services to the Client in scope and under conditions determined in the Online Shop Regulations.
IV. Concluding a Sales Agreement concerning Products in the Online Shop
1. In the Online Shop, the Client is entitled to place an Order for (to buy) certain Products, which results in concluding the distance Sales Agreement for Products. The Sales Agreement for Products shall be deemed concluded at the time when the Client receives an e-mail message, referred to in art. IV 3.2 of the Online Shop Regulations.
2. In order to conclude the distance Sales Agreement for Products in the Online Shop it is necessary to choose a Product that is available in the Online Shop, and place the Order indicating the address for delivery, and following the instruction and subsequent procedures indicated on the Website. Placing the Order can be made after accepting the Regulations.
3. After placing the Order, the Client shall receive an e-mail message, in particular:
1. an e-mail that constitutes a confirmation of receipt of the Order in the Online Shop,
2. an e-mail entitled: "Order no. XXXXXX/YYYY – Order confirmation” – confirming all relevant elements of the Order. Such e-mail may be preceded by an attempt to perform a telephone confirmation of the Order. In the case when after 3 working days from placing the Order in the Online Shop, it would be impossible to reach the Client via telephone means, the Order may be cancelled by the Seller. The Sales Agreement shall be deemed concluded at the time when the Client receives the aforementioned e-mail message.
4. The Client is entitled to cancel the Order before receiving the e-mail message, referred to in art. IV 3.2 of the Online Shop Regulations. In order to execute this right, it is necessary to contact the Seller and cancel the Order via the Client Account. The Seller grants the Client the right to review the content of the Order. The right to cancel the Order does not infringe the right to withdraw from the Sales Agreement, pursuant to regulations in force.
5. The prices of the Products are in PLN, and the include all components, such as VAT, duties and others. The Client is entitled to make the payment in the case of the Sales Agreement in the Online Shop in cash (cash on delivery at receipt – an option available only to Clients to whom Goods are delivered within the territory of Poland), via bank transfer or electronic payments. In the Online Shop there are also price equivalents in euros. The Client may make the payment either in PLN or in EUR. Choosing the currency by the Client results in subsequent payment settlements (in cases of guarantees, withdrawal from the Agreement and others) with the Client within the concluded Sales Agreement that will be executed in the currency that was chosen.
6. The payment terms are defined in the Appendix B to the Regulations. If the Client uses bonuses, loyalty programs cooperating with the Seller, at the time of placing the Order he will be informed about the possibility to use them while making the payment for the Products.
7. The execution of the Order shall start immediately after concluding the Sales Agreement.
8. With regards to art. IV 12 of the Online Shop Regulations, in the case of placing the Order, the delivery of Goods shall take pace not later than within 30 days from the day when the Sales Agreement was concluded, as far as the e-mail message, referred to in art. IV 3.2 of the Online Shop Regulations, concerning the Goods does not state otherwise, or the direct settlements of the Parties are stating otherwise.
9. The information about the availability of the Product is stated each time with the Product or while contacting the Client. 10. The Client may use the services described on the Website meant to provide information by the Seller concerning the current status of the Order.
11. In order to execute the Order, the Client is obliged to provide all data necessary for the its completion – name and surname (in the case of legal persons and entities that do not have legal personalities, who are by means of the act granted legal capacities – name of the entity), address (street, house number, city with the corresponding postal code), contact telephone number, or other data stated by the Seller on the Website or during contacting the Client.
12. The Order shall be fulfilled if the Products are available. In case of lack of Products, the Client shall be immediately informed about the waiting time for the Order, and asked to express the will to continue the execution of the Order or the will to cancel the Order due to permanent lack of Products. In case of permanent lack of Products or Client’s resignation from further realization of the Order, the Client shall be immediately reimbursed for all made payments. The e-mail message, referred to in art. IV 3.2 of the Online Shop Regulations shall be sent to the Client after the admission of the Goods to the Seller’s warehouse.
13. Ordered Goods may be delivered by the Seller to the address indicated by the Client, in Europe or to parcel lockers indicated by the Client in Poland. The transport costs and potential additional costs shall be expressly stated during placing the Order.
14. The Seller issues electronic invoices in the Online Shop in the PDF format. The Seller shall send the electronic invoice to the Client’s e-mail address stated in the Client Account, within 7 days from the day when the Goods were delivered and/or from the start of rendering Additional Services. If the Client wishes to receive a standard invoice, he is obliged to send a request stating such need to the following address: kontakt@kiinde.pl. At any time, the Client is entitled to request from the Seller to receive a standard invoice by sending a request to the following address: Pellamama Sp. z o.o. with its registered seat in Piaseczno, on ul. Puławskiej 34 bud. 2, 05-500 Piaseczno or to the e-mail address: kontakt@kiinde.pl.
V. The right of withdrawal from the Agreement
1. The Consumer who concluded the Sales Agreement in the Online Shop is entitled to withdraw from the agreement, within a period of 14 days, without stating the reason and without bearing any additional costs, apart from the costs stated below. The right of withdrawal from the Sales Agreement may be effected by the Consumer by means of a statement sent to the following address: Pellamama Sp. z o.o. with its registered seat in Piaseczno, on ul. Puławska 34 bud. 2, 05-500 Piaseczno or via e-mail to: kontakt@kiinde.pl.
2. The withdrawal statement may take the form of a model statement which is enclosed in the Appendix A to the Regulations. In order to observe the term, the statement should be send before its expiration.
3. The term for withdrawal from the Sales Agreement is counted as follows: for the Sales Agreement in case of which the entrepreneur gives out the Goods – from taking over the Goods by the Consumer or a third person appointed by the Consumer, who at the same time cannot be the carrier, whereas in the case when the Sales Agreement concerns multiple Goods that are delivered individually, in batches or partially – from the moment of receipt of the last Goods, batches or parts, finally in case of other agreements the term is calculated from the date of their conclusion.
4. The Consumer is solely responsible only for the costs of returning the Goods (the costs of sending back the Product), unless the Seller agrees to bear such costs or had not informed the Consumer about the need to bear such expenses. If the Consumer chooses means of delivery of Goods that are different from the cheapest, standard means offered by the Seller, then the Seller is not obliged to reimburse the Consumer for his additional expenses.
5. The Consumer does not bear the costs of:
1. rendering services for the period up to the moment of withdrawing from the Sales Agreement, if: i) the Seller did not inform the Consumer about the way and the deadline of the right to withdraw from the Sales Agreement, as well as about the model statement of withdrawing from the Sales Agreement that constitutes a part of the Appendix A to the Regulations, and about the outcome of sending such a statement, or ii) the Consumer did not demand, in accordance with the Act, the fulfilment of the obligations before the expiration of the term for withdrawal from the Sales Agreement;
2. delivering digital data that are not stored on any physical drive, if: i) the Consumer did not consent to the fulfilment of obligations before the expiration of the term for withdrawal from the Sales Agreement, or ii) the Consumer was not informed about the loss of his right to withdraw from the Sales Agreement at the time of giving such a consent, or iii) the Seller did not provide the Consumer with the confirmation of concluding the distance Sales Agreement on a durable medium in reasonable time after its conclusion, at the latest at the moment of the delivery of the Goods or before rendering services.
6. In the case of withdrawal from the Sales Agreement it is considered to be non-concluded. If the Consumer files a statement of withdrawal from the Sales Agreement before the Seller accepts the offer, then the offer is no longer binding.
7. The Seller shall immediately, not later than within 14 days from the day of receipt of the Consumer’s statement of withdrawal from the Sales Agreement, reimburse the Consumer for all payments, including the transport costs of Goods, subject to point V.4. The Seller shall make the reimbursement in the same currency and using the same payment method as the Consumer, unless the Consumer clearly agrees to use different means that do not require him to bear any additional costs. If the Seller does not propose to collect the Goods from the Consumer on his own, then the Seller is entitled to withhold the reimbursement to the moment of receipt of the Goods or to the moment when the Seller receives a proof of postage, depending which ones comes first.
8. The Consumer is obliged to immediately return the Goods to the Seller or to hand them over to a person appointed by the Seller to collect them, not later than within 14 days from the day when the Consumer withdrew from the Sales Agreement, unless the Seller proposes to collect the Goods himself. In order to meet the term it is necessary to send the Goods before its expiration.
9. The Goods should be returned to the following address: Pellamama Sp. z o.o. with its registered seat in Piaseczno, on ul. Puławska 34 bud. 2, 05-500 Piaseczno.
10. The Consumer is responsible for reduced quantity of the Goods resulting from their usage in a manner other than necessary in order to determine their character, features and functionality, unless the Seller had not informed the Consumer about the right to withdraw from the Sales Agreement, in accordance with the Act.
11. At the moment of withdrawal from the Sales Agreement by the Consumer, other agreements related to the Sales Agreement concluded by the Consumer expire if on the basis of them the service is fulfilled by the Seller or by a third party pursuant to the agreement with the Seller. The Consumer does not bear any costs related to the expiration of such agreements, excluding the aforementioned costs. If an additional agreement was concluded with a third party, the Seller shall inform such party about the withdrawal from the Sales Agreement by the Consumer.
12. The Consumer does not have the right of withdrawal from the Sales Agreement in the case of agreements:
1. where prices or salaries depend on fluctuation on the financial market that are not under the control of the Seller, and which may take place before the expiration of the period for withdrawing from the Sales Agreement for sales of Goods and/or Additional Services;
2. where the subject of the agreement are non-prefabricated Goods, produced according to Consumer’s specification, and meant to fulfil his individual needs;
3. where the subject of the agreement are Goods that undergo fast deterioration or have a short expiration date;
4. where the subject of the agreement are Goods delivered in sealed packages that cannot be returned after opening due to health or hygienic reasons, if the package was opened after delivery;
5. where the subject of the agreement are Goods which after delivery, due to their character, are inseparably joined to other objects;
6. in case of which the Consumer clearly demands for the Seller to visit him in order to perform urgent repairs or maintenance; if the entrepreneur renders services additional to those demanded by the Consumer or delivers Goods other than spare parts needed to perform repairs or maintenance, the right to withdraw from the Sales Agreement of the Consumer concerns also such additional services or items;
7. where the subject of the agreement are audio or video recordings, or computer programs delivered in sealed packages, if the package was opened after delivery;
8. concerning digital content that is not recorded on a physical drive, if the fulfilment of obligations had started with clear consent of the Consumer before the expiration of the term for withdrawing from the agreement and after informing the Consumer by the Seller about the loss of right to withdraw from the Sales Agreement.
VI. Warranty
1. The Seller shall deliver faultless Products. The Seller as a vendor is liable in the case when the Goods have physical or legal defects (Warranty) pursuant to the provisions of the Civil Code.
2. For the sake of clearance it is determined that none of the provision of the Regulations limit the rights of the Consumer granted to him by means of governing law on the territory of the Republic of Poland. In the case of determining any provisions of such nature, law governing the Republic of Poland shall apply, in particular the regulations of the Act, and the Civil Code.
3. The Seller is not the guarantor of the Goods.
4. All warranty complaints should be sent to the following address: Pellamama Sp. z o.o. with its registered seat in Piaseczno, on ul. Puławskiej 34 bud. 2, 05-500 Piaseczno.
5. Additional information concerning the return of faulty Goods and filing complaints are available on the Website or given by the Seller via telephone available at http://www.kiinde.pl.
VII. Transitional and final provisions
1. The Sales Agreement concerning Products may be concluded only in Polish language.
2. In all manners not regulated by the Regulations of the Online Shop, the Regulation in Polish language version as well as corresponding legal regulations governing the Republic of Poland, in particular the Penal Code, the Civil Code, and the DE Act shall apply. In case of any discrepancies concerning interpretation, the Polish version of the Regulations shall prevail. 3. All modifications of the Online Shop Regulations shall take place following the same procedure and scope as introducing changes to the Website Regulations.
4. Up-to-date Regulations of the Online Shop shall be published on the Website, and made available at Client’s demand by electronic means (to the e-mail address stated on the Client Account), free of charge.
5. The Regulations come into effect on 1st July, 2015.
Appendix A – Statements on waivers from distance agreements
Appendix B – Payment terms
 
 
SALES REGULATIONS OF PELLAMAMA SP. Z O.O. FOR CONSUMERS OF GOODS OUTSIDE THE COMPANY’S PREMISES
 
I. Definitions
The terms used in the Sales Regulation for Consumers of Goods have the following meanings:
1. Goods – movable property that is the subject of the Sales Agreement.
2. Client – i) natural person, including the Consumer, who is entitled to take legal actions and/or is above 13 years of age, however in the case of a person that is under 18, a consent from a legal representative or guardian is required, and ii) legal person or an organization that is not a legal person whose special provisions grant it legal capacity, or which uses or is going to use the Website, including the Online Shop.
3. Consumer – Client, specified in art. I.2.i) executing with the entrepreneur, including the Seller, a legal action not directly related to its business or professional activity.
4. Product – Goods offered by the Seller outside the Premises.
5. Premises – venue that is the headquarters of the Seller, situated in Piaseczno on ul. Puławska 34 bud. 2.
6. Regulations – present sales regulations together with all appendixes mentioned in it.
7. Sales Agreement – contract on selling Products within the meaning of the Civil Code Act, concluded between the Seller and the Client outside the Premises.
8. Seller – Pellamama Sp. z o.o. with its registered seat in Piaseczno, on ul. Puławskiej 34 bud. 2, 05-500 Piaseczno, enlisted in the register of entrepreneurs of the National Court Register managed by the District Court for Warsaw in Warsaw, XIV Economic Department of the National Court Register under the KRS number 0000526973, NIP number 123-129-06-13, and REGON number 147147612500000, with the share capital of 5 000 PLN.
II. General provisions
The Regulations define the sales rules of Goods by the Seller to the Consumer outside the Premises.
III. Scope, conditions and rules of sales of Goods to the Consumer outside the Premises.
The Seller shall sell the Goods outside the Premises to the Consumer in the scope and according to the conditions of the Regulations.
IV. Concluding the sales Agreement of Products in the Online Shop.
Consumer may conclude the sales Agreement.
V. Waiver.
1. The Consumer who concluded the Sales Agreement outside the Premises is entitled to withdraw from the agreement, within a period of 14 days, without stating the reason and without bearing any additional costs, apart from the costs stated below. The right of withdrawal from the Sales Agreement may be effected by the Consumer by means of a statement sent to the following address: Pellamama Sp. z o.o. with its registered seat in Piaseczno, on ul. Puławska 34 bud. 2, 05-500 Piaseczno or via e-mail to: kontakt@kiinde.pl.
2. The withdrawal statement may take the form of a model statement which is enclosed in the Appendix A to the Regulations. In order to observe the term, the statement should be send before its expiration.
3. The term for withdrawal from the Sales Agreement is counted as follows: for the Sales Agreement in case of which the entrepreneur gives out the Goods – from taking over the Goods by the Consumer or a third person appointed by the Consumer, who at the same time cannot be the carrier, whereas in the case when the Sales Agreement concerns multiple Goods that are delivered individually, in batches or partially – from the moment of receipt of the last Goods, batches or parts; finally in case of other agreements the term is calculated from the date of their conclusion.
4. The Consumer is solely responsible only for the costs of returning the Goods, unless the Seller agrees to bear such costs or had not informed the Consumer about the need to bear such expenses. If the Consumer chooses means of delivery of Goods that are different from the cheapest, standard means offered by the Seller, then the Seller is not obliged to reimburse the Consumer for his additional expenses.
5. The Consumer does not bear the costs of:
1. rendering services for the period up to the moment of withdrawing from the Sales Agreement, if: i) the Seller did not inform the Consumer about the way and the deadline of the right to withdraw from the Sales Agreement, as well as about the model statement of withdrawing from the Sales Agreement that constitutes a part of the Appendix A to the Regulations, and about the outcome of sending such a statement, or ii) the Consumer did not demand, in accordance with the Act, the fulfilment of the obligations before the expiration of the term for withdrawal from the Sales Agreement;
2. delivering digital data that are not stored on any physical drive, if: i) the Consumer did not consent to the fulfilment of obligations before the expiration of the term for withdrawal from the Sales Agreement, or ii) the Consumer was not informed about the loss of his right to withdraw from the Sales Agreement at the time of giving such a consent, or iii) the Seller did not provide the Consumer with the confirmation of concluding the distance Sales Agreement on a durable medium in reasonable time after its conclusion, at the latest at the moment of the delivery of the Goods or before rendering services.
6. In the case of withdrawal from the Sales Agreement it is considered to be non-concluded. If the Consumer files a statement of withdrawal from the Sales Agreement before the Seller accepts the offer, then the offer is no longer binding.
7. The Seller shall immediately, not later than within 14 days from the day of receipt of the Consumer’s statement of withdrawal from the Sales Agreement, reimburse the Consumer for all payments, including the transport costs of Goods. The Seller shall make the reimbursement in the same currency and using the same payment method as the Consumer, unless the Consumer clearly agrees to use different means that do not require him to bear any additional costs. If the Seller does not propose to collect the Goods from the Consumer on his own, then the Seller is entitled to withhold the reimbursement to the moment of receipt of the Goods or to the moment when the Seller receives a proof of postage, depending which ones comes first.
8. The Consumer is obliged to immediately return the Goods to the Seller or to hand them over to a person appointed by the Seller to collect them, not later than within 14 days from the day when the Consumer withdrew from the Sales Agreement, unless the Seller proposes to collect the Goods himself. In order to meet the term it is necessary to send the Goods before its expiration.
9. The Goods should be returned to the following address: Pellamama Sp. z o.o. with its registered seat in Piaseczno, on ul. Puławska 34 bud. 2, 05-500 Piaseczno.
10. The Consumer is responsible for reduced quantity of the Goods resulting from their usage in a manner other than necessary in order to determine their character, features and functionality, unless the Seller had not informed the Consumer about the right to withdraw from the Sales Agreement, in accordance with the Act.
11. At the moment of withdrawal from the Sales Agreement by the Consumer, other agreements related to the Sales Agreement concluded by the Consumer expire if on the basis of them the service is fulfilled by the Seller or by a third party pursuant to the agreement with the Seller. The Consumer does not bear any costs related to the expiration of such agreements, excluding the aforementioned costs. If an additional agreement was concluded with a third party, the Seller shall inform such party about the withdrawal from the Sales Agreement by the Consumer.
12. The Consumer does not have the right of withdrawal from the Sales Agreement in the case of agreements:
1. where prices or salaries depend on fluctuation on the financial market that are not under the control of the Seller, and which may take place before the expiration of the period for withdrawing from the Sales Agreement for sales of Goods and/or Additional Services;
2. where the subject of the agreement are non-prefabricated Goods, produced according to Consumer’s specification, and meant to fulfil his individual needs;
3. where the subject of the agreement are Goods that undergo fast deterioration or have a short expiration date;
4. where the subject of the agreement are Goods delivered in sealed packages that cannot be returned after opening due to health or hygienic reasons, if the package was opened after delivery;
5. where the subject of the agreement are Goods which after delivery, due to their character, are inseparably joined to other objects;
6. in case of which the Consumer clearly demands for the Seller to visit him in order to perform urgent repairs or maintenance; if the entrepreneur renders services additional to those demanded by the Consumer or delivers Goods other than spare parts needed to perform repairs or maintenance, the right to withdraw from the Sales Agreement of the Consumer concerns also such additional services or items;
7. where the subject of the agreement are audio or video recordings, or computer programs delivered in sealed packages, if the package was opened after delivery;
8. concerning digital content that is not recorded on a physical drive, if the fulfilment of obligations had started with clear consent of the Consumer before the expiration of the term for withdrawing from the agreement and after informing the Consumer by the Seller about the loss of right to withdraw from the Sales Agreement.
VI. Warranty
1. The Seller shall deliver faultless Products. The Seller as a vendor is liable in the case when the Goods have physical or legal defects (Warranty) pursuant to the provisions of the Civil Code.
2. For the sake of clearance it is determined that none of the provision of the Regulations limit the rights of the Consumer granted to him by means of governing law on the territory of the Republic of Poland. In the case of determining any provisions of such nature, law governing the Republic of Poland shall apply, in particular the regulations of the Act, and the Civil Code.
3. The Seller is not the guarantor of the Goods.
4. All warranty complaints should be sent to the following address: Pellamama Sp. z o.o. with its registered seat in Piaseczno, on ul. Puławskiej 34 bud. 2, 05-500 Piaseczno.
5. Additional information concerning the return of faulty Goods and filing complaints are available on the Website or given by the Seller via telephone available at http://www.kiinde.pl.
VII. Transitional and final provisions
1. The Sales Agreement of the Products may be concluded only in the Polish language version.
2. In all cases not covered by the Regulations, corresponding laws of the Republic of Poland, in particular Penal Code, Civil Code and DE Act shall apply.
3. The Regulations shall come into force from 1st June, 2015.
 
Appendix A – Statement on waivers from distance agreements concluded outside the Premises

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