Terms & Conditions

Regulamin Sklepu Internetowego – www.sophiekids.com

I General provisions

1. These Regulations define the general conditions, manner of providing services by electronic means and sales conducted via the Online Store www.sophiekids.com. The store is run by Zofia Cudny-Mitschke, running a business under the name of MCE Zofia Cudny-Mitschke; entered into the Register of Entrepreneurs of the Central Register and Information on Economic Activity conducted by the Minister of Entrepreneurship and Technology; at ul. Światowida 15, 81-543 Gdynia, NIP 5862145609, REGON 361183914, hereinafter referred to as the Seller.

2.  Contact with the Seller takes place through:

1. e-mail address: contact@sophiekids.com;

2. telephone number: +48 607 572 765.

3. These Regulations are continuously available on the website www.sophiekids.com, in a manner enabling its acquisition, reproduction and recording of its contents by printing or saving on a carrier at any time.

4. The Seller informs that the use of services provided electronically may involve a threat on the part of every Internet user, consisting in the possibility of introducing malicious software into the teleinformation system of the Client and obtaining and modifying its data by unauthorized persons. To avoid the risk of the above-mentioned risks, the Client should use appropriate technical measures that minimize their occurrence, in particular anti-virus programs and a firewall.

II. Definitions

Terms used in the Regulations mean:

1. Business days – these are days from Monday to Friday, excluding public holidays;

2.  Client – a physical person who has full legal capacity, a physical person running a business, a legal person or an organizational unit that is not a legal person, whose legal regulations provide legal capacity, which orders within the Online Store or uses other Services available in the Online Store;

3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

4. Account – a part of the Online Store assigned to a given Client, by means of which the Client may perform specific actions within the Online Store;

5. Consumer – Client who is a consumer within the meaning of art. 22 [1] of the Civil Code;

6. Entrepreneur – a Client that is an entrepreneur within the meaning of art. 43 [1] of the Civil Code;

7. Regulations – this document;

8. Product – a product presented in the Online Store, the description of which is available next to each of the presented products;

9. Contract of sale – Contract for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Client;

10. Services – services provided by the Seller to Clients electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

11. Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, No. 827);

12. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

13. Order – Client’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Products.

III. The rules of using the Online Store

1 The use of the Online Store is possible provided that the IT system used by the Client meets the following minimum technical requirements:

1. computer or mobile device with internet access,

2 . access to e-mail,

3. internet browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer,     Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,

4. enabling cookies and Javascript in the browser.

2. Using the Online Store means any activity of the Client, leading to familiarisation with the content contained in the Store.

3.  The Client is obliged in particular to:

1. not delivering and not forwarding content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,

2. using the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,

3. not undertaking actions such as: sending or placing unsolicited commercial information (Online Spam) within the Online Store,

4. using the Online Store in a way that that not inconvenience the Clients not the Seller,

5. use of any content posted on the Online Store only for personal use,

6. use the Online Store in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

1. Services

1. 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.

2. Account maintenance service in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, available on one of the pages of the Online Store. The contract for the provision of a service consisting in keeping an Account in the Online Store is concluded for an indefinite period and terminates when the Client requests to delete the Account or with the use of the “Delete Account” button.

3. The Client has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Client (Newsletter service). For this purpose, please provide a valid e-mail address or activate the appropriate field in the registration form or the Order form. The Client may at any time withdraw consent to the transmission of commercial information. The contract for the Newsletter service provision is concluded for an indefinite period and terminates when the Client requests to remove his e-mail address from the Newsletter subscription or unsubscribes using the link in the message sent as part of the Newsletter service.

4. The Client has the option of posting individual and subjective statements in the Online Store relating to, e.g. to the Products or the course of the transaction. The Client adding statements declares that he has all rights to these contents, in particular proprietary copyrights, related rights and industrial property rights. The contract for the provision of a service consisting in posting opinions about the Products in the Online Store is concluded for a definite period of time and is terminated when the opinion is added.

5. Statements should be edited in a transparent and understandable manner, and they must not violate applicable law, including third party rights – in particular they may not be defamatory, infringe on personal rights or constitute an act of unfair competition. The posted contributions are disseminated on the Online Store websites.

6. By posting the statement, the Client agrees to the free use of this statement and its publication by the Seller, as well as making studies of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws of 1994 No. 24 item 83).

7. The Seller has the right to organize occasional competitions and promotions, the terms of which will always be provided on the Store’s website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion state otherwise.

8. In the event of a breach by the Client of the provisions of these Regulations, the Seller after the previous ineffective call to stop or remove violations, with the appointment of an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

2. Procedure for the conclusion of the Sales Agreement

1. Information about the Products provided on the Store’s websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of art. 71 of the Civil Code.

2. All Products available on the Online Store are new, free from physical and legal defects and have been legally placed on the Polish market.

3. The condition for submitting an Order is having an active e-mail account.

4. In the case of submitting orders via the Order form available on the Online Store website, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude an Agreement for the sale of Products being the subject of the Order. An offer submitted in electronic form binds the Client, if the Seller sends a confirmation of acceptance to the Client’s e-mail address, which is a statement of the Seller accepting the Client’s offer and upon its receipt by the Client a Sales Agreement is concluded.

5. The sales contract is concluded in Polish or English, with the content in accordance with the Regulations.

3. Delivery

1. The Products are delivered to the address indicated by the Client while placing the Order.

2. Products are delivered to the Client via a courier company.

3. The Seller on the Store’s websites in the description of the Products informs the Client about the number of Working Days needed to execute the Order and its delivery, as well as the cost for the delivery of the Products.

4. The deadline for delivery and execution of the Order is calculated in Working Days in accordance with VII point 2.

5. The Seller, in accordance with the will of the Client, delivers a VAT invoice with the Products including the Products delivered.

6. If for the Products covered by the Order, there is a different period deadline for delivery, the longest period out of those foreseen applies to the entire Order.

VII. Prices and payment methods

1. The prices of the Products are given in PLN or in EURO, in line with what the Client has chosen and contain all components, including VAT, customs and other charges.

2. The Client can choose the following payment methods:

1. bank transfer to the Seller’s bank account (in this case, the implementation of the Order will begin after the Seller sends a confirmation of the Order to the Client, and the shipment will be made immediately after receipt of the funds to the Seller’s bank account and the completion of the Order);

2. electronic payment (in this case, the implementation of the Order will begin after sending the Client confirmation of acceptance of the Order and after receipt by the Seller of information from the clearing agent system about the payment by the Client, and the shipment will be made immediately after completing the Order);

3. The Seller on the Store’s website informs the Client of the date on which he is obliged to make the payment for the Order. If the Client fails to pay by the deadline referred to in the preceding sentence, the Seller, after previous ineffective payment order with the appointment of an appropriate deadline, may withdraw from the Agreement on the basis of art. 491 of the Civil Code.

VIII. Entitlement to withdraw from the Agreement

1. The Client who is a Consumer may withdraw from the Contract without giving a reason by submitting an appropriate statement within 14 days. To comply with this deadline, it is enough to send a statement before its expiry.

2. The Client may formulate a statement on his own or use the model statement of withdrawal from the Contract, which constitutes Annex No. 1 to the Regulations.

3. The 14-day period shall be counted from the day on which the Products were delivered or in the case of the Contract for the provision of Services from the date of its conclusion.

4. Upon receipt of a declaration of withdrawal from the Contract by the Consumer, the Seller shall send to the Consumer’s e-mail address confirmation of receipt of the statement on withdrawal from the Contract.

5.The right to withdraw from the Contract by the Consumer is excluded in the case of:

1. the provision of services, if the Seller has fully provided the service with the expressed consent of the Consumer, who was informed before the beginning of the provision that after fulfilling the provision by the Seller, he will lose the right to withdraw from the Contract;

2. a Contract, in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawing from the Contract;

3. a Contract, in which the subject of the provision is non-prefabricated Products, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;

4. a Contract, in which the subject of the provision is a Product subject to rapid deterioration or having a short shelf-life;

5. a Contract, in which the subject of the provision is a Product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

6. a Contract, in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items;

7. a Contract, in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sale Agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control;

8. a Contract, in which the Consumer expressly demanded that the Seller should come to him for urgent repair or maintenance; if the Seller provides additional services other than those whose performance the Consumer demanded, or supplies Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the Contract shall be entitled to the Consumer with regard to additional services or Products;

9. a Contract, in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of a Subscription Agreement;

10. a Contract concluded through a public auction;

11. Contracts for the provision of accommodation services, other than for residential purposes, transport of Products, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service provision;

12. Contracts for the supply of digital content that are not recorded on a tangible medium, if the performance commenced with the Consumer’s expressed consent before the deadline for withdrawal from the Contract and after the Seller has informed about the loss of the right to withdraw from the Contract.

6. In the event of withdrawal from a Contract concluded at a distance, the Contract is considered void. What the parties have rendered is returned in an unaltered state, unless a change was necessary to establish the nature, characteristics and functionality of the Products. The return should take place immediately, not later than within 14 days since the conclusion of the Contract. The purchased Product should be returned to the Seller’s address.

7. The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract, return to the Client all payments made by him, including the cost of delivering the Products. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, however this method will not be binding for the Consumer at any cost. The Seller may withhold reimbursement of payments received from the Client until receipt of the items or delivery by the Client of a proof of its return, depending on which event occurs first, unless the Seller has offered to pick up the item from the Client himself.

8. If the Consumer has chosen a method of delivery of the Products other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to refund the additional costs incurred by the Consumer.

9. The Client bears only the direct cost of returning the Product, unless the Seller has agreed to bear the cost.

1. Complaints regarding the Products under the warranty

1. The Seller undertakes to deliver the Products without defects.

2. The Seller is liable to the Client, including the Client who is a Consumer, under the warranty for defects under the terms specified in art. 556 – 576 of the Civil Code.

3. Complaints arising from the infringement of the rights of the Client guaranteed by law or under these Regulations should be directed to the address of MCE Zofia Cudny-Mitschke, ul. Światowida 15, 81-543 Gdynia, at the e-mail address: contact@sophiekids.com, telephone number +48 607 572 765.

4. In order to consider a complaint, the Client should send or deliver the Products complained about, if it is possible by attaching proof of purchase to it. Products must be delivered or sent to the address indicated in point 3.

5. The Seller undertakes to examine each complaint within 14 days.

6. In the event of any shortcomings in the complaint, the Seller shall call the Client to complete it as soon as possible, but no later than within 7 days from the date of receipt of the request by the Client.

2. Complaints regarding the provision of services by electronic means

1. The Client may report to the Seller complaints in relation to the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: MCE Zofia Cudny-Mitschke, ul. Światowida 15, 81-543 Gdynia, at the e-mail address: contact@sophiekids.com, telephone number +48 607 572 765.

2. In the complaint, the Client should provide his name and surname, correspondence address, type and description of the problem.

3. The Seller undertakes to review each complaint within 14 days, and if it was not possible, to inform the Client during this period, when the complaint will be considered. In the event of any defects in the complaint, the Seller shall call the Client to complete it within the necessary period within 7 days from the date of receipt of the request by the Client.

3. Guarantees

1. The Products may have a Seller’s guarantee.

2. In the case of the Products covered by the guarantee, information regarding the existence and content of the guarantee and the time for which it was granted is always presented in the description of the Products on the Store’s websites.

XII. Out-of-court ways of settling complaints and pursuing claims

1. The Client who is a consumer has, among others, the following possibilities of using extrajudicial means of dealing with complaints and redress:

1. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement;

2. is entitled to request the voivodeship inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Client and the Seller;

3. may obtain free assistance in resolving the dispute between the Client and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include protection of consumers (including Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation under the toll free consumer helpline number 800 007 707 and by the Polish Consumers Association at email porady@dlakonsumentow.pl;

4. file your complaint via the EU ODR online platform, available at: http://ec.europa.eu/ consumers/odr/.

XIII. Personal data protection

The personal data provided by the Client is collected and processed by the Seller in accordance with applicable law and in accordance with the Privacy Policy, which constitutes Annex 2 to the Regulations.

XIV. Final Provisions

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as forms and logos belong to the Seller, and their use may only take place in a specified and compatible manner with the Regulations.

2. Settlement of any disputes arising between the Seller and the Client, who is a Consumer, is subject to appropriate courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

3. Settlement of any disputes arising between the Seller and the Client, who is an Entrepreneur, is subjected to the appropriate court, in accordance with the Seller’s headquarters.

4. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of the Polish law shall apply.

5. All changes to these Regulations shall be communicated to each Client via the information on the main page of the Online Store containing a list of changes and the date of their entry into force. Clients who have an Account will be additionally informed about changes along with their listing to the e-mail address indicated by them. The date of entry into force of the amendments will not be shorter than 14 days from the date of their publication. If the Client who has a Client Account does not accept the new contents of the Regulations, he / she is obliged to notify the Seller about this fact within 14 days from the date of informing about the change in the Regulations. Notifying the Seller about the lack of acceptance of the new Regulations results in the termination of the Agreement.