Terms & Conditions
Personal data collected on behalf of the Internet Store are administered by Kinguin Poland sp. z o.o. located in Warsaw, ul. Nowogrodzka 50/515 00-695 Warszawa. The company had been registered by the District Court for the city of Warsaw located in Warsaw, XIII Economic Department of the National Court Registry in the entrepreneur register. The registry number is KRS 0000415209 and the share capital was 500 000,00 PLN. Email: firstname.lastname@example.org.
Kinguin Poland sp. z o.o. takes special care for protecting the interests of people whom the collected date concern. teamkinguin.com particularly ensures that these data are being processed accordingly to the rule of law.
Client’s personal data are processed with accordance to the Personal Data Protection Bill from Aug. 29, 1997 (Journal of Laws no. 133, position. 833 with adjustments) as well as to the Providing Services Electronically from Jul. 18, 2002 (Journal of Laws no. 144, position 1204 with adjustments).
THE PURPOSE AND SCOPE OF DATA COLLECTION
Kinguin Poland sp. z o.o. collects personal data in order to provide services electronically via an Online Store or via a Product Sale Agreement signed and finalized with a Client by providing the product to them.
In cases of Clients who have chosen to have their Product delivered by courier dispatch, Kinguin Poland sp. z o.o. will provide Client’s personal data to the extent necessary to complete shipping. The data will be provided to the company UPS Polska Sp. z o.o. located in Warsaw (01-222) Prądzyńskiego 1/3, registered by the District Court for the city of Warsaw located in Warsaw, XIII Economic Department of the National Court Registry in the entrepreneur register. The registry number is KRS 0000631044. NIP: 5221004200, REGON: 01077128, initial capital: 5,027,000 PLN.
Providing your personal data is necessary for Kinguin Poland sp. z o.o. to provide services electronically via an Online Store or to enter into a Product Sale Agreement with a Client.
The following Clients’ personal data are processed by Kinguin Poland sp. z o.o. name and surname or a name of the company, address, telephone number, email address, bank account number (in case the payment is done via a bank transfer, tax identification number NIP (only applicable to Clients operating as an enterprise).
The data contained in the Cookies files are automatically collected by Kinguin Poland sp. z o.o. Cookies are text files saved on Client’s computer while using the Online Store (these files allow for e.g. saving Client’s choices in the Cart). Cookies Mechanism is not used for collecting any information on the Online Store Client. There is a possibility to disable collection of Cookies files data by editing your web browser settings.
Cookie files are small text information existing as text files. They are sent by the server and saved on behalf of the User visiting the Online Store (or a hard drive or a memory stick of a smartphone).
USAGE OF COOKIES
Cookies files used by the Online Store are safe and do not alter any configurations in User’s device or software.
Cookies files are used for:
- Verification of a User using an Online Store
- Memorizing the contents of the cart
- Memorizing User’s preferences (language, currency)
TYPES OF COOKIES FILES
The Online Store uses the following types of Cookies files:
- Sessional – temporary files, which remain saved on a computer or a device until the User is logged out from the website or the browser is shut down.
- Permanent – files which remain in the device for an amount of time specified in a particular cookie file data or until their manual erasure by the User.
Most web browsers accepts saving Cookies files by default. The Client can settle the conditions of Cookies files usage by configuring the settings of their web browser. Client can e.g. limit or turn off Cookies files automatic saving. Such an action can however have an impact of some functions of the Online Store – for example placing an order or registering an account may be impossible.
A BASIS FOR PROCESSING DATA
Using the Online Store and entering Product Sale Agreements including providing the personal data is completely voluntary. The Client to whom the data belongs makes a conscious and individual decision as to whether or not use the services of Kinguin Poland sp. z o.o.
ACCESS TO DATA
The Client has a right to access their own data and adjust/edit/correct it.
Every person has a right to control the processing of data contained in Kinguin Poland sp. z o.o. database, whom this person concern. This particularly means a right to demand completion, updating, correcting the personal data as well as temporary of permanent hold on processing or deleting the data entirely in case they are not complete, not updated, not true or certain violations (determined by law) had been made while collecting them. It may also be the case that the collected data are no longer needed. In such cases the Client needs to send an email to: email@example.com.
Kinguin Poland sp. z o.o. implements technical and organizational measures sufficient to ensure protection of processed personal data. Particular measures are taken to prevent sharing the personal data with unauthorized people, claiming the personal data by an unauthorized person, processing which violates the rules as well as changing, loss, damage or deletion.
- Introduction. General information.
- Retailer, producer – refers to the Kinguin Poland sp. z o.o. company located in Warsaw, ul. Nowogrodzka 50/515 00-695 Warszawa. The company had been registered by the District Court for the city of Warsaw located in Warsaw, XIII Economic Department of the State Court Registry in the entrepreneur register. The registry number is KRS 0000415209 and the initial capital was 500 000,00 PLN.
- Client – refers to a physical person with at least a limited ability to undertake a legal act, over 18 years old. It also refers to a legal entity or an organizational unit with no legal personality.
- Online Store – refers to teamkinguin.com Online Store managed by the Retailer. Available at: teamkinguin.com.
- Stock(s), Product(s) – refers to pieces of clothing, accessories and perfume products manufactured and distributed by the Retailer.
- Price – refers to the monetary value of a Product affiliated with every Product on the Online Store: teamkinguin.com. The Prices are provided in Polish currency PLN and already contain the VAT tax (which means they are the total Prices for a Product). The Prices however do not contain the shipping cost to the location specified by the Client (for more details, see: Shipping).
- Supplier – refers to the entity which provides courier services and works with the Retailer.
- Shipping cost, Postage cost, Delivery cost – refers to the total cost of supplying the Product ordered by the Client from the Retailer’s location to the location specified by the Client.
- The availability of the Products is updated from Monday to Friday around noon. This excludes the days, which are legally deemed a public holiday.
- Information provided on the Online Store cannot be considered an offer accordingly with the Civil Law.
- The Retailer has the right to limit the number of Products available at discount prices in the Online Store.
- Clients must not send any content, which can be considered unlawful or violating the rules of social interactions.
- Registration and conditions for placing Orders
- Placing an order by the Client is possible after:
- Correctly filling out a registration form, which can be found on the Online Store website.
- Correctly filling out an Order form, which can be found on the Online Store website.
- Data required for issuing a VAT invoice can be provided by a Client during placing an Order if such an invoice is required by the Client.
- The Client registers only once. For next Orders at the Online Store the Client needs to use the same login and password as specified during the registration.
- Login and password are confidential. In cases when the Client reveals these information to any third-party, the Client is the only entity responsible. Kinguin Poland sp. z o.o. does not bear any responsibility in such cases.
- Updating the personal data given during registration is possible after the Client provides login and password. The Client is responsible for updating personal data. The Client is also responsible for any consequences arising from the lack of an update.
III. Finalizing Orders
- Placing an Order on the Online Store website by the Client is synonymous with entering a Product Sale Agreement.
- Payment for the Product and the Shipping cost of the Product can be done in one of the following ways:
- A bank account transfer
- Credit Card payment
- The time of finalizing Order is counted from the moment the Retailer’s bank account receives the payment from either bank transfer or a credit card payment.
- The Retailer reserves the right for further verification of Client’s personal data e.g. via a phone call or via email.
- The Retailer reserves the right to refuse finalizing the Order if:
- The Order form had been filled out incorrectly
- Placing Orders in the Online Store is possible 24/7.
- The Product ordered by the Client is delivered to the Client by the Retailer along with a sale document – a receipt or a VAT invoice, which can be issued if the Client wishes so. The VAT invoice will be issued providing the details have been filled out correctly while placing an Order.
- Any agreements settled within the Online Store are stored in the Online Store vault for at least three months from the date of entering each agreement. Every Client has access to all the Product Sale agreements entered in with a retailer within three months.
- Principles of finalizing a payment.
- You can use PayPal services to finalize the payment.
- Delivering the ordered Product
- The Retailer will use the courier delivery to ship the ordered Product(s).
- The current cost of delivering the Product will be provided on the Online Store’s website.
- The Retailer is not responsible for any delays in delivering the Product, which are not the fault of the Retailer, unless such responsibility is outlined by the law.
- All deliveries are controlled by the Retailer and packed with a special foil containing Retailer’s logo. In case the Client receives a delivery and the foil is damaged (by probable intervention of third-party entities) the Client should refuse to accept such delivery.
- Withdrawing from the Product Sale Agreement. Exchanging the bought Product
- Being a consumer, the Client entering a distance agreement has a right to withdraw from such an agreement without stating a reason for up to 14 days from the date of receiving the Product. In such case the Client must immediately return the Product in an unaltered state. The right to withdraw from the Product Sale Agreement does not comply to the Clients who placed an order for a non-prefabricated, custom-made Product serving to fulfill Client’s individualized needs.
- The above Product return requirements do not violate or limit Client’s right to claim for a refund accordingly with the law. The above requirements relating to customers need to be interpreted accordingly with the current law every time.
- In cases of withdrawal from the Product Sale Agreement as specified in point VI. 1., both the Retailer and the Client are obliged to return everything they received from the second side on the basis of the agreement.
- The Client bears a responsibility for any activities which might lower the value of the Product. These are the activities which assume using the Product in a way that is not defined by Product’s character, functionality and features.
- Upon Retailer’s agreement the Client can replace the Product or exchange it to another Product in 14 days from the date of receiving it.
- In a case of exchanging the Product, the Product’s Price will be counted towards the Price of the new Product. Any differences in Price between the exchanged and new Product will have to be either paid by the Client or returned to Client’s bank account by the Retailer.
- In case the Client withdrew from the Product Sale Agreement the cost of returning the Product to the Retailer has to be covered by the Client.
- The Retailer is responsible for delivering a flawless product to the Client. The Retailer is responsible before the consumer in case the Product is flawed physically or legally (warranty). The consumer has a warranty to have the flaw removed, the Product exchanged for a flawless one, the Price lowered or to withdraw from the Product Sale Agreement.
- The right to complaint is applicable to consumers only. The warranty is not applicable to any agreements between a Client (but not a customer) and the Retailer.
- Complaint has to be submitted using the mailing address or an email address as provided in the Contact section. To improve the complaint procedure, the said Product should be returned along with a proof of sale and a complaint application. The Client-customer who wants to be assisted with a complaint procedure can refer to a town or a district consumer attorney.
- In the complaint form, the Client should provide contact information e.g. telephone number or an email address.
- The Retailer processes a complaint for no longer than 14 days.
- Depending on a way in which the complaint had been submitted by the Client, the information on processing the complaint will be provided by the Retailer to the Client via conventional mail or via electronic mail.
VIII. Retailer’s responsibility
- In relation to the Clients who are not consumers and with a stipulation of the current law, the responsibility of the Retailer is limited to the losses and does not cover any lost benefits. It also cannot surpass the Price of the Product purchased by the Client.
- Protection of Personal Data
- Personal Data provided by the Client are processed by the Retailer. By the personal data protection bill from Aug. 29, 1997 (Journal of Laws no. 133, position 883 with further adjustments), the Retailer is the Personal Data Administrator.
- The scope and goals of processed personal data are determined by the range of agreements and the amount of personal data provided (particularly the personal data coming from filled forms). Processing of personal data might concern the following: email address, home address, name and surname, telephone number, IP address.
- Personal data are processed in order to:
- Comply with the law.
- Allow the Retailer for marketing activities in terms of promotion and sales.
- Providing personal data and agreeing for its processing is voluntary. However, with no agreement on processing the personal data marked as obligatory, the Retailer will not be able to realize the services and finalize a Product Sale Agreement.
- The agreements to have one’s personal data processed can be withdrawn from at any time by the Client. This can be done by sending request to either the Retailer’s email address or the Retailer’s physical address as provided in these Terms of Service.
- In cases mentioned in bill 3, letter a, an authorization to process data necessary for legally approved activities is the legal basis for processing personal data. In cases mentioned in bill 3, letters b and c, such basis is an agreed authorization to process personal data, when it is necessary to fulfill legally justified goals realized by the either Personal Data Administrator or the entities who receive the personal data. It also requires Client’s approval.
- Personal data are shared only for the purpose of finalizing the Order and online services provider agreements (with a shipping company and a bookkeeping company collaborating with the Retailer). The personal data gathered by the Retailer can also be shared with:
- State organs upon their with and in accordance with the existing law.
- Other persons or entities – in cases specified by law.
- Sharing Client’s personal data to entities who, according to this Terms of Service, are not authorized, can be done only after an approval by the Client to whom the data belong.
- Clients have the right to control processing of their personal data contained in the data bases. This right particularly applies to:
- Client’s access to personal data in order to correct or complete them. This has to be preceded with a request sent to the Retailer.
- A demand to have one’s personal data erased or to have their processing halted. This should be done in cases the personal data are incomplete, inaccurate, false, were collected with a violation of law or are no longer needed for the purpose they were collected for.
- An objection to have one’s personal data processed. This applies to cases specified by the law. The Client has a right to demand erasure of their personal data if they become unnecessary for finalizing an issue they were collected for.
- The website may store some http questions. Because of that some information might be saved in the log files of the server. These might include: the IP address of the computer from which the question had been sent, the name of Client’s station (http identification), date and time of Client’s registration in the system, date and time of receiving the question, the number of bytes sent by the server, the URL address of a website visited by the Client prior to visiting the Online Store (only in cases the Client entered the Online Store via an embedded link), information on Client’s web browser, information on any mistakes, which occurred during a http transaction.
- Server logs may be collected as a basis for proper management of the server. Only people authorized to manage the IT system have access to these information.
- Log files may be analyzed in order to create statistics of the server flow as well as any mistakes. Clients are not identified in the process of creating such information.
- Final provisions
- Any materials available at the Online Store including elements of graphics, composition of these elements, trademarks and others are exclusive to the Retailer and are covered by copyright and industrial property right protection. A use of the materials belonging to the Online Store in any form requires Retailer’s approval every time.
- In case of any conflict with the Retailer, the Client has the right to refer to a consumer arbitration court, which operates by the Trading Standards Association (Inspekcja Handlowa), in order to settle the conflict originating from a Product Sale Agreement, which both the Client and the Retailer entered. The Client-consumer can also request mediation services or settling the conflict in another arbitration court (which is, to use alternative ways of settling the conflicts). In such situation, the Client needs to provide the Retailer with either a mediation application or an application requesting settling the conflict in an arbitrary court. If the cause of the conflict is a Product’s flaw, using the services of the consumer court is only possible after finishing the complaint procedure with the Retailer. Organs conducting such procedures as well as websites of these organs have the details on an availability of the aforementioned procedures. In other cases, the proper court for setling a particular conflict needs to be determined with reference to the bill from Nov. 17, 1964 – the Code of Civil Procedure (Journal of Laws from 2014, position 101 with adjustments). Any conflicts between the Retailer and the Client (who is not a consumer) need to be settled in a court determined by the Retailer’s location.