§ 1 General Provisions
- These Terms and Conditions specify the rules for using the Online Store available at www.kissenland.com (hereinafter referred to as the "Store"), operated by HMK Honorata Klimecka, based in Kliny, ul. Cicha 5A, 62-004 Kliny, NIP: 7821595363, REGON: 300720067 (hereinafter referred to as the "Seller").
- The Store is an online platform allowing customers (hereinafter referred to as the "Customer") to purchase products offered by the Seller.
- Using the Store is possible after familiarizing oneself with these Terms and Conditions and agreeing to their content by selecting the appropriate checkbox during registration or order placement.
- The Seller reserves the right to change these Terms and Conditions. The Customer will be informed of the changes in a manner that allows them to familiarize themselves with the new version, with at least a 14-day notice before the changes take effect.
- In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Consumer Rights Act, and other applicable Polish laws shall apply.
§ 2 Definitions
- Store – an online platform available at www.kissenland.com enabling Customers to purchase products offered by the Seller.
- Seller – HMK Honorata Klimecka based in Kliny, ul. Cicha 5A, 62-004 Kliny, NIP: 7821595363, REGON: 300720067.
- Customer – a natural person, legal entity, or organizational unit without legal personality, who makes or intends to make a purchase in the Store.
- Product – goods offered for sale in the Store.
- Order – a declaration of intent made by the Customer electronically via the Store, aiming to conclude a sales agreement for a Product with the Seller.
- Account – an individual account of the Customer in the Store, enabling access to Store features, including order history, personal data, and settings.
§ 3 Rules for Using the Store
- The Customer is obligated to use the Store in accordance with the law, good practices, and these Terms and Conditions.
- The Customer is responsible for all actions taken within the Store, including providing personal data.
- The Customer is obliged to provide true and up-to-date personal data during registration in the Store or when placing an order.
- The Customer is obligated to keep login details to the Account confidential and bears full responsibility for any actions taken using these details.
- The Seller reserves the right to block access to the Customer’s Account in the event of a breach of these Terms and Conditions.
- The Customer has the right to delete their Account in the Store at any time.
- The Store applies gross prices, depending on the Customer's choice. The prices of Products are stated in Polish zlotys (PLN) or euros (€) and include VAT, unless otherwise stated in the product description.
- The Seller reserves the right to change the prices of Products, introduce new Products to the Store’s offer, withdraw Products from the offer, and conduct promotions and sales.
§ 4 Order and Order Fulfillment
- The Customer may place an Order by adding selected Products to the cart and completing the order process, which includes providing personal details and delivery address, selecting the payment method, and accepting the Terms and Conditions.
- After placing the Order, the Customer will receive an email confirming the Order’s acceptance for fulfillment.
- The Order will be processed within 3 business days from the day of placing the Order, unless otherwise specified in the Product description.
- The order fulfillment time is calculated from the moment of receiving payment authorization.
- Delivery costs depend on the carrier’s offer and the size of the product.
- The Seller will refund the payment using the same payment method the Customer used unless the Customer explicitly agrees to a different method that does not incur any costs for them.
- The Seller has the right to refuse to fulfill the Order if:
- The Product is out of stock,
- The Customer provides false or incomplete personal data,
- The Customer breaches these Terms and Conditions.
For custom-made products, the fulfillment time and availability depend on the order’s specifications and will be considered individually. The Customer will be informed of the refusal to fulfill the Order electronically. The Customer has the right to cancel the Order at any time before it is shipped. The Customer can choose from the available delivery and payment options. Delivery and payment costs are provided in the Store before placing the Order. The Seller is responsible for the Product until it is delivered to the Customer. The Customer has the right to return the Product within 14 days from the date of receipt without providing a reason. The return is at the Customer's expense.
§ 5 Payments
- The payment service for online payments via fast transfers is provided by PayPro S.A.
- The Customer may choose from the available payment methods in the Store:
- Bank transfer,
- Online payment using a payment card (Mastercard and Visa).
For bank transfer payments, the Customer is required to make the payment to the bank account number provided by the Seller. For online payments via payment card, the Customer will be redirected to the payment operator’s page. Payment card details are provided directly to the payment operator; the Seller does not have access to these details. For cash on delivery payments, the Customer pays in cash upon receipt of the Product.
§ 6 Complaints
- A consumer who has concluded a distance contract may withdraw from it without giving a reason by submitting an appropriate declaration in writing within fourteen days from the date of delivery of the subject of the contract. To meet this deadline, it is enough to send a declaration before its expiry. The Customer has the right to submit a complaint in the event of non-compliance of the Product with the sales contract within 2 years of receiving the product.
- Complaints can be submitted in writing to the Seller's address or electronically to the email: shop@kissenland.com.
- The complaint should include:
- Customer’s full name,
- Customer’s address,
- Order number,
- Description of the Product's non-conformity with the sales agreement,
- Customer’s request.
The Seller will process the complaint within 14 days from the date of its receipt. The Customer will be informed about the resolution of the complaint electronically.
§ 7 Personal Data Protection and Privacy Policy
- Data are processed on the basis of: (GDPR, EU Regulation 2016/679) / Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).
- Detailed information regarding the processing of personal data is available in the Privacy Policy on www.kissenland.com.
- The purpose of processing the Customer’s data provided in connection with purchases in the Store is order fulfillment. The legal basis for processing personal data is:
- A sales contract or actions taken at the Customer's request to conclude the contract (Article 6(1)(b) GDPR),
- A legal obligation related to accounting (Article 6(1)(c) GDPR),
- The Seller’s legitimate interest in processing data to establish, assert, or defend potential claims (Article 6(1)(f) GDPR).
The purpose of processing the 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 is:
- sales agreement or actions taken at the Buyer's request, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR),
- legal obligation of the Seller related to accounting (Article 6, paragraph 1, letter c of the GDPR) and
- legally justified interest of the Seller, consisting in processing data for the purpose of determining, pursuing or defending potential claims (Article 6, paragraph 1, letter f of the GDPR)
§ 8 Final Provisions
- These Terms and Conditions come into effect on February 1, 2025.
- The Seller reserves the right to make changes to these Terms and Conditions. The Customer will be informed of any changes in a way that allows them to familiarize themselves with the content, with at least a 14-day notice before the changes take effect.
- Any disputes arising in connection with the implementation of these Terms and Conditions will be resolved by the court competent for the Seller’s registered office.
HONORATA KLIMECKA
ul. Cicha 5A, 62-004 Kliny
NIP 7821595363
REGON 300720067
Registered address
ul. Cicha 5A, 62-004 Kliny