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Terms & conditions

Terms & conditions

Regulations of the Online Store www.elegantkid.com


I. Preliminary provisions.

  1. These Regulations define the general conditions and method of providing electronic services and sales conducted via the modneubranka.com Online Store. The store is run by PAKO TRADE, entered into the register of entrepreneurs of the Central Registration and Information on Economic Activity kept by the Minister of Development, Labor and Technology, at ul. Kilińskiego 51/2, 58-100 Świdnica, NIP 8841042780, REGON 890345280, hereinafter referred to as the Seller.
  2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

II. Definitions
  1. Seller - a natural person running a business under the name PAKO TRADE Paweł Kosakowski entered into the Central Registration and Information on Economic Activity (CEIDG) kept by the Minister of Development, Labor and Technology, at ul. Kilińskiego 51/2, 58-100 Świdnica, NIP 8841042780, REGON 890345280
  2. Customer – Consumer or Entrepreneur purchasing goods from the Seller, within the Online Store or using other Services available in the Online Store.
  3. Consumer – a customer who is a natural person who performs a legal transaction with an entrepreneur that is not directly related to his business or professional activity.
  4. Entrepreneur – a customer conducting business activity within the meaning of generally applicable regulations.
  5. Store - online store run by the Seller at the Internet address www.elegantkid.com.
  6. Distance contract - a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Regulations - these regulations of the Store.
  8. Sales Agreement - Goods sales agreement within the meaning of the Civil Code, concluded between the Seller and the Customer.
  9. Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
  10. Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
  11. Account - the customer's account in the Store, which collects data provided by the Customer and information about Orders placed by him in the Store.
  12. Registration form - a form available in the Store, enabling the creation of an Account.
  13. Order form - an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  14. Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  15. Product/goods - a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  16. Services - services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
  17. Consumer Rights Act - Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827).
  18. Act on the provision of services by electronic means - Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended)
  19. Working days - these are days from Monday to Friday, excluding public holidays.

    III. Contact the seller

    1. Contact with the Seller takes place via:
    a) e-mail address: pakotrade.company@gmail.com
    b) by phone: +48 661 59 60 60
    c) correspondence by letter to the following address: PAKO TRADE Paweł Kosakowski, ul. Kilińskiego 51/2, 58-100 Świdnica
    2. E-mail and telephone contact takes place on working days, Monday to Friday, 8 a.m. to 4 p.m.

    3. These Regulations are continuously available on the website www.elegantkid.com, in a way that makes it possible to obtain, reproduce and record their content by printing or saving on a medium at any time.
    4. The Seller informs that the use of services provided electronically may involve a risk for each Internet user, consisting in the possibility of introducing malicious software into the Customer's IT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.

    IV. Rules for using the online store

    1. Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
    a) computer or mobile device with Internet access,
    b) web browser
    c) enabling Cookies and Javascript in the web browser.
    2. Using the Online Store means any activity of the Customer that leads to him becoming familiar with the content contained in the Store.
    3. The content of the Store's pages is the property of the Seller and is legally protected.
    4. The customer is obliged in particular to:
    a) not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
    b) use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
    c) not taking actions such as: sending or posting unsolicited commercial information in the Online Store (spam),
    d) use the Online Store in a way that is not inconvenient for other Customers and the Seller,
    e) use all content posted in the Online Store only for your own personal use,
    f) use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.
    5. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
    6. The service of maintaining an Account in the Online Store is available after registration.
    a) Registration takes place by completing and accepting the registration form available on one of the pages of the Online Store.
    b) Registration is not necessary to browse the Store's websites or place an order, however, it allows the Customer to view the history and status of their orders, edit their data, as well as receive additional services provided by the Seller at the Customer's request.
    c) Registration requires providing login data (user, i.e. email address and password).
    d) The Account password is confidential. To ensure proper password protection, it is recommended to change it. To ensure greater security, the password should be at least 8 characters long, contain at least one uppercase letter and a number or special character.
    e) The Customer should report any violation of the confidentiality of the Password to the Seller immediately after discovering the violation.
    f) It is prohibited to share your Account data with third parties.
    7. The contract for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account or uses the "Delete Account" button.
    8. The Seller has the right to organize occasional competitions and promotions, the terms of which will each time be provided on the Store's website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
    9. If the Customer violates the provisions of these Regulations, the Seller, after an ineffective request to stop or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
    10. The prices of all goods and services offered by the Store are gross prices (including VAT) and are expressed in Polish zlotys.
    11. The prices appearing on the store's website www.elegantkid.com, as well as the descriptions of goods and services, constitute only commercial information and not an offer within the meaning of the Civil Code. They become binding - for the purposes of concluding a specific contract - only when the Seller confirms acceptance of the order for execution.
    12. 
    The Seller may use discount codes in the Online Store www.elegantkid.com, authorizing the purchase of goods with a discount included in the coupon. Discount codes cannot be exchanged for cash.
    13. To place an order in the online store www.elegantkid.com, you must accept these Regulations.
    14. To successfully place an order in the Online Store www.elegantkid.com, you must have a device with Internet access that allows you to browse websites, as well as a keyboard or other device that allows you to correctly fill out electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Microsoft Edge, Opera, Safari, etc.
    15. The Online Store website uses Responsive Web Design (RWD) technology, which adapts the website content to the device on which it is displayed. The Store's website is ready to be displayed on both desktop computers and mobile devices.
    16. The website of the Online Store www.elegantkid.com has an SSL certificate - a secure communication encryption protocol.

    V. Procedure and conditions for concluding a sales contract

    1. All goods available in the Online Store are brand new and have been legally introduced to the Polish market.
    2. Orders in the online store www.elegantkid.com can be placed by completing the appropriate forms available on the store's website.
    3. The condition for placing an order is to have an active e-mail account and an active telephone number.
    4. When placing an order, the customer is obliged to provide correct personal data: name and surname, home/delivery address, e-mail address and mobile phone number.
    5. After receiving the order, the Seller confirms its receipt and at the same time informs about the acceptance of the order for processing. The order is confirmed by the Seller sending the Customer an appropriate e-mail to the address provided in the order form. Upon confirmation of the acceptance of the order for execution by the Seller, the contract is considered concluded.
    6. The content of the sales contract is made available and recorded by making these Regulations available on the Online Store website and sending appropriate information to the Customer's e-mail address provided when placing the order, referred to in point V. 5.
    7. Placing orders in the online store www.elegantkid.com is possible 24 hours a day, all days of the year.

    VI. Delivery and payment methods

    1. Delivery of goods is possible in European countries, and after agreement with the store - worldwide.
    2. The customer may choose the following methods of delivery of the ordered goods:
    a) via a courier company;
    b) self-collection at a parcel locker (only in Poland)
    3. When the Goods are released by a representative of the courier or forwarding company, the Customer should check whether the Goods have no mechanical damage resulting from transport and whether the delivered Goods comply with the Order. If there is no damage or other reservations, the Customer confirms the release of the Goods with his/her own signature. In the event of mechanical damage to the Goods or non-compliance of the Goods with the Order, the Customer is entitled to submit a complaint in the manner referred to in Chapter IX of the Regulations.
    4. On the Store's website, in the description of the goods, the Seller informs the Customer about the number of business days needed to complete the order and its delivery, and in the order summary also about the amount of delivery fees. If the goods cannot be delivered within the above-mentioned time, the customer will be informed immediately.
    5. In the case of made-to-order goods, the delivery time is counted from the day the funds for the order are transferred to the Seller's account.
    6. The Seller provides the Customer with proof of purchase.
    7. If different delivery periods are provided for the goods covered by the order, the longest period applies for the entire order.
    8. The customer can choose the following payment methods:
    a) bank transfer to the Seller's bank account: ING Bank PL 33 1050 1908 1000 0097 9127 6554
    b) electronic payment (paypal).
    c) payment by payment card
    9. If the Customer fails to pay within 14 days of placing the order, the order is canceled and the Customer receives a notification of the order cancellation by e-mail.

    VIII. The right to withdraw from the Agreement


    1. The Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is enough to send a declaration before its expiry. A declaration of withdrawal submitted after the 14-day deadline has no legal effects.
    2. The right to withdraw from a contract is also granted to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on Central Registration and Information on Business.
    3. Customers who have the right to withdraw from the contract may formulate the declaration themselves or use the declaration template provided by the Seller on the Store's website - Contract withdrawal form.
    4. The 14-day period is counted from the date on which the goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
    5. Upon receipt of the declaration of withdrawal from the Agreement by the Customer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Agreement to the Customer's e-mail address.
    6. The right to withdraw from the Agreement by the Customer is excluded in the case of:
    a) provision of services if the Seller has fully performed the service with the express consent of the Customer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract
    b) a contract in which the subject of the service is non-prefabricated goods, manufactured according to the Customer's specifications or serving to meet his individual needs (e.g. tailor-made products, cut from the meter)
    c) in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items
    7. In the event of withdrawal from a distance contract, the contract is considered not concluded. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the goods. The return should be made immediately, no later than within 14 days. The purchased goods should be returned to the Seller's address.
    8. The Seller will immediately, but no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the Agreement and receipt of the undamaged goods, refund all payments made by the Customer, including the costs of delivering the goods. The Seller refunds the payment using the same payment method used by the Customer, unless the Customer agrees to a different method of return, and this method will not involve any costs for the Customer.
    9. The customer is obliged to properly secure the returned goods to prevent damage during transport.
    10. If the delivered goods are incomplete or show traces of use beyond the normal management of the item, the Seller reserves the right to refuse to accept the shipment or to reduce the refunded amount by the equivalent of the damaged goods.
    11. The Customer only bears the direct cost of returning the goods, unless the Seller has agreed to bear this cost.

    IX. Complaints regarding Goods under warranty

    1. The Seller undertakes to deliver the goods without defects.
    2. The Seller is liable to the Customer, including the Customer who is a Consumer, under the warranty for defects in accordance with the principles set out in Art. 556 – 576 of the Civil Code.
    3. Complaints resulting from the violation of the Customer's rights guaranteed by law or under these regulations should be sent to the following address: PAKO TRADE Paweł Kosakowski, ul. Kilińskiego 51/2, 58-100 Świdnica or to the e-mail address: pakotrade.company@gmail.com
    4. In order to consider the complaint, the Customer should send or deliver the complained goods, if possible, attaching proof of purchase to it. The goods should be delivered or sent to the address indicated in point. 3 along with the completed complaint form - form template here
    5. The Seller undertakes to consider each complaint within 14 days.
    6. If there are any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.

    X. Complaints regarding the provision of electronic services

    1. The Customer may submit complaints to the Seller in connection with the operation of the store and the use of the Services. Complaints may be submitted in writing to the following address: PAKO TRADE Paweł Kosakowski, ul. Kilińskiego 51/2, 58-100 Świdnica, to the e-mail address: pakotrade.company@gmail.com
    2. In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
    3. The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. If there are any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary within 7 days from the date of receipt of the request by the Customer.

    XI. Guarantees

    1. The goods may have a manufacturer's or Seller's warranty.
    2. Unless otherwise stated in the goods, the warranty period is 1 year from the date of purchase of the goods by the Customer.

    XII. Out-of-court methods of resolving complaints and pursuing claims

    1. The Customer who is a Consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
    a) is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
    b) is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
    c) may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number +48 800 007 707 and by the Association of Polish Consumers at the email address adress@dlakonsumentow.pl;
    d) submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

    XIII. Personal data protection

    1. The administrator of personal data is the Seller: PAKO TRADE Paweł Kosakowski, ul. Kilińskiego 51/2, 58-100 Świdnica
    2. The Seller collects and processes the personal data provided by Customers in accordance with applicable law and the Privacy Policy, available on the Store's website.
    3. In matters related to the protection of personal data, the Seller can be contacted via the e-mail address:pakotrade.company@gmail.com

    XIV. Final Provisions

    1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, Internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may be used only in the manner specified and in accordance with Regulations.
    2. The settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
    3. The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
    4. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
    5. Each Customer will be informed about any changes to these Regulations via information on the main page of the Online Store, containing a summary of the changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact within 14 days from the date of being informed about the change in the Regulations. Notifying the Seller of non-acceptance of the new content of the Regulations results in termination of the Agreement.