Regulations of Malomi Kids online store

defining, among other things, the rules of concluding sales agreements through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

The provisions concerning the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal information
§ 11 Objections
Attachment No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday except for public holidays.
Consumer - a consumer within the meaning of the Civil Code.
Account - a free-of-charge function of the Store (service provided electronically), regulated by separate regulations, thanks to which the Buyer can create an individual account in the Store.
Buyer - any entity buying from the Store.
Privileged Buyer - a Consumer or Privileged Entrepreneur.
Privileged Entrepreneur - a natural person who enters into a contract with the Seller directly related to his/her business, but not of a professional nature for him/her (the definition is valid for contracts concluded from January 1, 2021).
Regulations - these terms and conditions.
Store - Malomi Kids online store operated by the Seller at https://malomikids.eu.
Seller - PRIME CHOICE Sp. z o.o., entered in the Central Register and Information on Business Activity conducted by the Minister competent for economy and conducting the Central Register and Information on Business Activity, NIP 5871739745, REGON no. 524615216, Wejherowska 3 Street, 84-100 Puck, Poland.

§ 2 CONTACT WITH THE SELLER

1. Postal address: 3 Wejherowska St., 84-100 Puck, Poland
2. E-mail address:contact@mail.malomikids.eu
3. Phone: 607716610
4. Address for returning the goods (in case of withdrawal from the contract): 3 Wejherowska Street, Puck 84-100, Poland

§ 3 TECHNICAL REQUIREMENTS

1. For proper functioning of the Store you need:
   - a device with access to the Internet
   - a web browser that supports JavaScript and cookies.
2. For placing an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE STORE

1. The prices of goods shown in the Store are the total prices for the goods.
2. The Seller points out that the total price of an order consists of the indicated in the Store: the price for the goods and, if applicable, the delivery costs of the goods.
3. The goods selected for purchase should be added to the shopping cart in the Store.
4. The Buyer then selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, as well as provides the data necessary to complete the placed order.
5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
6. Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
7. The Seller will provide the privileged Buyer with a confirmation of the conclusion of the contract of sale on a durable medium no later than at the time of delivery of the goods.
8. The Buyer may register with the Store, i.e. create an Account therein, or make purchases without registration by providing his/her data with each possible order.

§ 5 PAYMENTS

1. A placed order may be paid for, depending on the Buyer's choice:
   
   1. by ordinary bank transfer to the Seller's bank account;
   2. by payment card:
      
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. Through the payment platform:
      
      • Shoper Payments
      • PayPal
      • Przelewy24
      • PayPo
   4. cash on delivery, i.e. by card or cash at the time of delivery of the goods to the Buyer;
   5. by card or cash at the time of personal collection of the goods.
2. If the Buyer chooses to pay via the Shoper Payments platform, the online payment service provider is Blue Media S.A.
3. If the Buyer chooses to pay in advance, the order must be paid for within 5 Business Days of placing the order.
4. The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only directly after placing the order.
5. The Buyer, by purchasing from the Store, accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

6. Available forms of payment by which payment can be made:
   Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.

   7.The payment operator is Autopay S.A.

   

   If there is a need for a refund of funds for a transaction made by the customer with a payment card, the seller will make a refund to the bank account assigned to the Purchaser's payment card.

    

§ 6 ORDER FULFILLMENT

1. The Seller is obliged to deliver goods without defects.
2. The order completion date is indicated in the Store.
3. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to fulfill the order after it has been paid.
4. In a situation where the Buyer has purchased goods with different lead times within one order, the order will be fulfilled within the time limit applicable to the goods with the longest lead time.
5. Countries on the territory of which delivery is carried out:
   Poland
   Germany
   Slovakia
   England
6. Goods purchased in the Store are delivered depending on which method of delivery the Buyer has chosen:
   - Through a courier company
   - To parcel machines InPost
   - The Buyer may pick up the goods in person at the company's headquarters during its opening hours.
7. If the Buyer chooses to pick up in person, the goods will be ready for collection on the indicated order completion date, and if the Seller has indicated a date for sending the goods - on that date.
8. If the customer chooses to pay by bank transfer or payment card, the order processing time is calculated from the date of crediting the Seller's bank account or settlement account.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.

2. The term to withdraw from the contract expires after 14 days from the day:
   - on which the Priority Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
   - on which the Privileged Buyer took possession of the last of the goods, or on which a third party other than the carrier and designated by the Privileged Buyer took possession of the last of the goods in the case of a contract obligating the transfer of ownership of multiple items that are delivered separately.

3. In order for the privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail).

4. A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.

5. In order to observe the deadline for withdrawal, it is sufficient for the privileged Buyer to send information on the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.

   CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

6. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer's choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the privileged Buyer's decision to exercise his right of withdrawal.

7. The Seller will refund the payment using the same means of payment that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees otherwise, in any case the privileged Buyer will not incur any fees in connection with the refund.
   The Seller may withhold payment until it has received the goods or until it has been provided with proof of return, whichever event occurs first.

8. The seller asks to return the goods to the address: 3 Wejherowska Street, Puck 84-100, Poland immediately, and in any case no later than 14 days from the day on which the Buyer privileged to inform the Seller about withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the expiration of the 14-day period.

9. The privileged buyer shall bear the direct costs of returning the goods.

10. The privileged buyer shall be liable only for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.

11. If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.

12. If a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Terms and Conditions, does not apply to a contract:
   
   1. in which the subject of the performance is a non-refabricated thing, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;
   2. in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
   3. in which the subject of the performance is an item delivered in a sealed package that cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
   4. in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;
   5. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
   6. for the supply of newspapers, periodicals or magazines, except for a subscription contract;
   7. 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 expiration of the deadline for withdrawal from the contract.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Consumer has the opportunity to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee was granted.
2. Using the warranty, the Consumer may, under the terms of the Civil Code:
   - make a statement on price reduction,
   - with a material defect - make a statement on withdrawal from the contract,
   - demand to replace the item with a defect-free one,
   - demand removal of the defect.
3. The Seller asks you to submit complaints on the basis of warranty to the postal or electronic address indicated in § 2 of the Regulations.
4. If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver the goods at the expense of the Seller, to the address 3 Wejherowska Street, 84-100 Puck, Poland.
5. If the goods are additionally covered by a warranty, information about it, as well as its conditions, is available in the product description in the Store.
6. Complaints about the operation of the Store should be sent to the e-mail address specified in § 2 of the Regulations.
7. Complaints will be considered by the Seller within 14 days.

OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS

1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
   
   1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. the assistance of a locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. free assistance of the municipal or district consumer ombudsman;
      the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

1. The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the Privacy Policy available at the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
2. The purpose of the processing of Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
   
   • the contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
   • Seller's legal obligation related to accounting (Article 6(1)(c) RODO), and
   • Vendor's legitimate interest in processing data for the purpose of establishing, investigating or defending potential claims (Article 6(1)(f) RODO).
3. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in the Store.
4. Buyer's data provided in connection with purchases in the Store will be processed until:
   1. the contract concluded between the Buyer and the Seller ceases to be in force;
   2. there ceases to be a legal obligation on the Seller, obliging him to process Buyer's data;
   3. the possibility of vindication of claims by the Buyer or the Seller, related to the contract concluded by the Store ceases;
   4. Buyer's objection to the processing of his personal data will be accepted - in the case where the basis for data processing was the legitimate interest of the Seller
   - whichever is applicable in a given case and which will occur at the latest.
5. The Buyer has the right to request:
   1. access to his personal data,
   2. their rectification,
   3. deletion,
   4. restriction of processing,
   5. transfer of data to another administrator
      as well as the right to:
   6. object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the administrator).
6. In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
7. If the Buyer believes that his data is being processed illegally, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 11 DISCLAIMERS

1. It is prohibited for the Buyer to provide unlawful content.
2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
3. Contracts concluded on the basis of the Regulations are concluded in the Polish language.
4. In case of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.
5. Any liability of the Seller in relation to a Buyer who is not a privileged
6. Buyer, within the limits allowed by law, is excluded.
7. Liability under warranty against the Privileged Buyer is excluded.

Appendix No. 1 to the Terms and Conditions

Below is a sample withdrawal form, which the Consumer or Privileged Entrepreneur may or may not use:

MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

PRIME CHOICE Sp. z o.o.
ul. Wejherowska 3, 84-100 Puck, Poland
e-mail address:  contact@mail.malomikids.eu

- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) / provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the contract(*)/ receipt(*)

..............................................................................................................................................................................

- Name of the Consumer(s)/Entrepreneur(s) privileged:

..............................................................................................................................................................................

- Address of the Consumer(s)/privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s)/Entrepreneur(s) of preference(s)
(only if the form is sent in hard copy)

Date ............................................

(*) Delete unnecessary.

Account Terms and Conditions

in Malomi Kids store

The provisions of the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Loyalty Program
§ 6 Complaints
§ 7 Personal Information
§ 8 Reservations

§ 1 DEFINITIONS

Consumer - a consumer within the meaning of the Civil Code.
Account - a free-of-charge feature of the Store (service) regulated in the Terms and Conditions, thanks to which the Buyer can create his individual account in the Store.
Buyer - any entity buying from the Store.
Privileged Buyer - a Consumer or Privileged Entrepreneur.
Privileged Entrepreneur - a natural person who enters into a contract with the Seller directly related to his/her business, but not of a professional nature for him/her (the definition is valid for contracts concluded from January 1, 2021).
Loyalty program - a loyalty program run by the Seller, under which a Buyer with an Account may obtain and use Points according to the rules set forth in the Regulations.
Points - points awarded to the Buyer under the rules set forth in the Regulations as part of the Loyalty Program, allowing the Buyer to order goods indicated in the Store at a discount.
Regulations - these regulations of the Account.
Store - Malomi Kids online store operated by the Seller at https://malomikids.eu.
Seller -PRIME CHOICE Sp. z o.o., registered in the Central Register and Information on Business Activity conducted by the Minister competent for economy and conducting Central Register and Information on Business Activity, NIP 5871739745, REGON no. 524815216, Wejherowska 3 Street, 84-100 Puck, Poland.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Wejherowska 3, 84-100 Puck, Poland
2. E-mail address:  contact@mail.malomikids.eu
3. Phone: 607716610

§ 3 TECHNICAL REQUIREMENTS

1. For proper operation and establishment of an Account you need:
   
   • an active e-mail account
   • a device with access to the Internet
   • a web browser that supports JavaScript and cookies

§ 4 ACCOUNT

1. Establishing an Account is completely voluntary and depends on the Buyer's will.
2. An Account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of an order or editing the Buyer's data on his own, as well as participation in the Loyalty Program.
3. In order to set up an Account, it is necessary to fill in the appropriate form in the Store.
4. At the moment of creating an Account, a contract is concluded for an indefinite period of time between the Buyer and the Seller for the maintenance of the Account on the terms and conditions indicated in the Regulations.
5. Buyer may without incurring any costs at any time resign from the Account.
6. In order to resign from the Account, one should send his resignation to the Seller at the e-mail address: contact@mail.malomikids.eu, the effect of which will be immediate deletion of the Account and termination of the contract for the operation of the Account.

§ 5 LOYALTY PROGRAM

1. The Loyalty Program is intended for Buyers who have an Account. Obtaining and use of Points by the Buyer is possible with the use of an Account.
2. From the moment of creating an Account, the Buyer becomes a participant in the Loyalty Program.
3. For every 50 PLN spent in the Store in a single order, the Buyer will receive the following number of Points: 10 subject to paragraphs 4-5.
4. The Buyer will be entitled to Points for a placed order only in the event that the Seller concludes a sales contract with the Buyer. Points will be awarded to the Buyer automatically, within the term of the order.
5. For calculating the number of Points to which the Buyer is entitled for a placed order, only the money spent by the Buyer on the goods ordered in the Store without the use of Points is taken into account, and without taking into account additional costs associated with the order of goods, such as the cost of delivery.
6. In the event that the Buyer subscribes for the first time to the newsletter maintained by the Seller within the Store, the Buyer will be entitled to the following number of Points: 100. The awarding of Points for signing up for the newsletter is carried out immediately, automatically, no later than within 7 days after the Buyer signs up for the newsletter.
7. The Buyer may obtain the following number of Points: 100 for each opinion added via the Account in the Store about a product purchased by the Buyer in the Store. Points to which the Buyer is entitled for adding an opinion will be awarded immediately, automatically, no later than within 7 days after the Buyer adds an opinion. Seller notes that it may not accept an opinion that contains illegal content or contrary to the rules of social intercourse.
8. The Points obtained by the Buyer make up one pool.
9. The current number of Points collected by the Buyer will be visible in the Account. The Seller may also inform the Buyer of a change in the number of accumulated Points by sending a message to the Buyer's e-mail address assigned to the Buyer's Account.
10. In the event that the current pool of accumulated Points in the Account exceeds the point threshold specified in this provision, the Buyer will receive a discount during each purchase in the Store made using the Account, in the amount specified below:
    10% - after accumulating the following number of Points: 100.
11. The discount values indicated in the above paragraph do not add up.
    The discount in the corresponding amount will be calculated automatically and will include the total price of the goods subject to the Buyer's order.
12. The Points collected by the Buyer expire 365 days after their assignment to the Account, which is equivalent to their removal from the current pool of Points collected by the Buyer.
13. The Seller may inform the Buyer of the impending expiration of the Points or of their expiration by sending a message to the Buyer's e-mail address assigned to his Account.
14. The Seller has the right to cancel Points::
    1. accrued for orders for which the Seller has returned to the Buyer the money paid for the goods (e.g., in the case of effective withdrawal from the sales contract by the Buyer);
    2. awarded despite ineffective payment of the order (which does not mean that there is no possibility of acquiring Points again, as a result of correct payment of the order);
    3. awarded for repeated subscription to the newsletter;
    4. awarded for adding an opinion, which the Seller found to contain illegal content or contrary to the rules of social intercourse.
15. Points accumulated in the Loyalty Program may be used only in the manner specified in this paragraph.

§ 6 COMPLAINTS

1. Complaints about the functioning of the Account should be sent to the e-mail address contact@mail.malomikids.eu.
2. Complaints will be considered by the Seller within 14 days.
   
   OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS
3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
   
   1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. assistance of a locally competent permanent conciliatory consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the conciliatory court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. free assistance of the municipal or district consumer ombudsman;
      the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 7 PERSONAL DATA

1. The administrator of the personal data provided by the Buyer when using the Account is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data, is contained in the Privacy Policy available in the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
2. The purpose of processing the Buyer's data is to maintain the Account. The basis for the processing of personal data in this case is a contract for the provision of services or actions taken at the request of the Buyer aimed at concluding such a contract (Article 6(1)(b) of the RODO), as well as the legitimate interest of the Seller, consisting in the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) of the RODO).
3. Provision of data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Seller will not be able to provide the service of maintaining the Account.
4. Buyer's data will be processed until:
   
   1. the Account is deleted by the Buyer or the Seller at the Buyer's request the Buyer or Seller's ability to assert claims related to the Account ceases;
   2. the Buyer's objection to the processing of his/her personal data is accepted - in case the basis of data processing was the legitimate interest of the Seller
   – whichever is applicable in a given case and which will occur at the latest.
5. The Buyer has the right to request:
   1. access to his personal data,
   2. their rectification,
   3. deletion,
   4. restriction of processing,
   5. transfer of data to another administrator
   6. as well as the right to:
      object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the administrator).
6. In order to exercise their rights, the Buyer should contact the Seller.
7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 8 DISCLAIMERS

1. The provision of unlawful content by the Buyer is prohibited.
2. The Agreement for maintaining an Account is concluded in the Polish language.
3. In case of occurrence of important reasons referred to in paragraph 4, the Seller has the right to change the Terms and Conditions.
4. Important reasons referred to in paragraph 3 are:
   1. the need to adapt the Store to the laws applicable to the Store's operations
   2. improvement of security of the service provided
   3. change of functionality of the Account requiring modification of the Terms and Conditions.

5. The Buyer will be informed of the planned change to the Rules and Regulations at least 7 days before the change comes into effect via e-mail sent to the address assigned to the Account.

6. In the event that the Buyer does not accept the planned change, the Buyer should inform the Seller by sending an appropriate message to the Seller's e-mail address contact@mail.malomikids.eu, which will result in termination of the agreement for the operation of the Account as of the effective date of the planned change, or earlier if the Buyer makes such a request.

7. In a situation where the Buyer does not object to the planned change by the time it comes into force, it is assumed that he accepts it, which does not constitute any obstacle to the termination of the agreement in the future.

8. In case of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the Seller's registered office.

Terms and conditions of the newsletter

Malomi Kids store

The provisions concerning the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal Data
§ 5 Final Provisions

§ 1 DEFINITIONS

Consumer - a consumer within the meaning of the Civil Code.
Newsletter - a service provided free of charge by electronic means, through which the Customer may receive from the Service Provider by electronic means pre-ordered messages concerning the Store, including information about offers, promotions and news in the Store.
Privileged Entrepreneur - a natural person who enters into a contract with the Service Provider that is directly related to his/her business, but not professional in nature (the definition is valid for contracts concluded from January 1, 2021). 
Store - Malomi Kids online store operated by the Service Provider at https://malomikids.eu.
Customer - any entity using the Newsletter service.
Privileged Customer - a Consumer or Privileged Entrepreneur. 
Service Provider - PRIME CHOICE Sp. z o.o., entered in the Central Register and Information on Business Activity conducted by the Minister of Economy and keeping the Central Register and Information on Business Activity, NIP 5871739745, REGON no. 524815216, 3 Wejherowska Street, 84-100 Puck, Poland.

§ 2 Newsletter

1. The Customer may voluntarily use the Newsletter service.
2. In order to use the Newsletter service, it is necessary to have a device with a web browser in the latest version, supporting JavaScript and cookies, with access to the Internet and an active e-mail account.
3. Emails sent under this service will be sent to the email address provided by the Customer at the time of signing up for the Newsletter.
4. The Customer, in order to conclude an agreement and sign up for the Newsletter service, in the first step provides in the designated place in the Store his/her e-mail address to which he/she wishes to receive messages sent within the Newsletter. Upon signing up for the Newsletter, a service agreement is concluded and the Service Provider will begin providing the service to the Customer - subject to paragraph 5.
5. For proper implementation of the Newsletter service, the Customer is obliged to provide his/her correct e-mail address.
6. Messages sent within the Newsletter will include information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
7. The Client may unsubscribe from the Newsletter, without giving any reason or incurring any costs, at any time, using the option referred to in paragraph 6 or by sending a message to the Service Provider's email address: contact@mail.malomikids.eu.
8. The Customer's use of the link to unsubscribe from the Newsletter or sending a message with a request to unsubscribe from the Newsletter will result in immediate termination of the agreement for the provision of this service.

§ 3 Complaints

1. Complaints regarding the Newsletter should be reported to the Service Provider at e-mail address: contact@mail.malomikids.eu.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.
   
   OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS.
3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
   
   1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. assistance of a locally competent permanent conciliatory consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the conciliatory court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. free assistance of the municipal or district consumer ombudsman;
      the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 4 Personal data

1. The administrator of the personal data provided by the Customer in connection with subscribing to the Newsletter is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as recipients of data, is contained in the Privacy Policy available in the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
2. The purpose of processing the Customer's data is to send the Newsletter. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Service Recipient aimed at its conclusion (Article 6(1)(b) of the RODO), as well as the legitimate interest of the Service Provider, consisting of the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) of the RODO).
3. Provision of data by the Customer is voluntary, but at the same time necessary to provide the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.
4. The Customer's data will be processed until:
   1. The Customer unsubscribes from the Newsletter;
   2. the possibility of asserting claims by the Client or the Service Provider related to the Newsletter ceases;
   3. the Client's objection to the processing of his/her personal data is accepted - in case the basis of data processing was the legitimate interest of the Service Provider
   - whichever is applicable in a given case and which occurs at the latest.
5. The Service Recipient shall have the right to request:
   1. access to his/her personal data,
   2. their rectification,
   3. deletion,
   4. restriction of processing,
   5. transfer of data to another administrator
   6. as well as the right to:
      object at any time to the processing of data for reasons related to the particular situation of the Service Recipient - to the processing of personal data concerning him, based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the administrator).
6. In order to exercise its rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient believes that his/her data is being processed unlawfully, the Service Recipient may file a complaint with the President of the Office for Personal Data Protection.

§ 5 Final Provisions

1. The Service Provider reserves the right to amend these Regulations only for valid reasons. An important reason is understood to be the necessity to change the regulations due to modernization of the Newsletter service or change of the law, affecting the provision of the service by the Service Provider.
2. Information about the planned change of the regulations will be sent to the e-mail address of the Customer provided at the time of signing up for the Newsletter at least 7 days before the changes take effect.
3. If the Service Recipient does not object to the planned changes by the time they take effect, he is deemed to accept them.
4. If the Client does not accept the planned changes, the Client should send information about it to the Service Provider's e-mail address: contact@mail.malomikids.eu, which will result in the termination of the service agreement when the planned changes take effect.
5. It is forbidden for the Client to provide unlawful content.
6. The Newsletter service agreement shall be concluded in the Polish language.
7. In case of the Customer who is not the Customer.