kidsNOYAdesign STORE REGULATIONS
The following Regulations define the general terms and conditions of sales applicable in our shop on the ETSY platform run by LING BRETT Gabriela Szpot, Aleja Spacerowa 104, Książenice 05-825 , NIP: PL5291246724, REGON: 016389818. The business activity was registered in the Central Business Register and Information on Business Activity (CEIDG), run by the Minister responsible for economy.
Registration number LUCID: DE1325485258242
1. SCOPE OF APPLICATION
These Regulations apply to all orders placed through our kidsNOYAdesign shop on Etsy.com.
2. CONCLUSION OF THE AGREEMENT AND ITS PARTIES
The purchase agreement is concluded with LING BRETT Gabriela Szpot.
The presentation of products in our online shop constitutes an offer to conclude a sales contract. Placing an order is possible by means of a shopping basket or by using the 1-Click option.
You can unobligatorily add products to the shopping basket and modify it until you place a binding order, using the instructions for making changes that appear during the ordering process. It is only when you click on the finalise button that you place a binding order for the products in your shopping basket.
If you order using the 1-Click option, you will complete your order without going through all the steps of a shopping basket. By pressing the "Buy now 1-Click" button you automatically place a binding order which is sent to the address you have indicated and for which you must pay in the manner you have chosen.
3. PRINCIPLES OF CONTRACT RECORDING
We save the content of the contract in our systems, to which you do not have access. However, via your Etsy account, you are able to view your most recent orders. However, the full content of the contract is not available there.
4 PAYMENT
You may pay for your order in a manner acceptable to ETSY Payments.
Etsy transfers your payment for the goods to us without disclosing your payment details.
5. DELIVERY
For addresses with the postal codes below, surcharges imposed on us by the carrier, the courier company, apply.
Therefore, in order to determine the total cost of delivery for an order placed to the following postal code for delivery, the shipping cost will be updated by us and the buyer will be notified
France: 17410, 17580, 17590, 17630, 20600, 17670, 17740, 17880, 17940, 20090, 44120, 22870, 29200, 29242, 29253, 29259, 35136, 29270, 56360, 56590, 56780, 85330, 86000, 35230, 85350, 20000 to 20999, 44470, 79260
Greece: 180xx, 18900, 49000, 34003 to 37005, 28xxx to 29xxx, 70xxx to 74xxx, 80xxx to 85xxx
Spain: 07000 to 07999, 6006; excludes Canary Islands, Ceuta and Mellila.
Netherlands: 1156AA to 1156ZZ, 1791AA to 1797ZZ, 8881AA to 8884ZZ, 9166AA to 9166ZZ, 8891AA to 8897ZZ, 8501XJ, 8899AA to 8899ZZ, 1047BM, 9161AA to 9164ZZ
Germany: 18565, 25845, 25846 to 25847, 25849, 25859, 25863, 25869, 25929 to 25933, 25938 to 25942, 25946 to 25949, 25952 to 25955, 25961 to 25970, 25980, 25985 to 25986, 25988 to 25990, 25992 to 25994, 25996 to 25999, 26465, 26474, 26486, 26548, 26571, 26579, 26757, 26670, 27498 Heligoland, 83256, 78263 to 78266, Büsingen, 17087, 24941, 27612
Portugal: 9500xxx to 9690xxx, 9700xxx to 9950xxx, 9960xxx to 9980xxx, 9000xx to 9390xxx, 9400xxx
Italy: 4020, 20158, 4027, 07000 to 09999, 30010, 30012, 30100, 30121 to 30126, 25125, 30131 to 30133, 30135, 30141, 57030 to 5739, 50019, 58012 to 58013, 58018, 9125, 71040, 80070 to 80071, 80073 to 80077, 80079, 90010, 91017, 31050, 91023, 92010, 98050, 98052, 98055, 65, 66020, 22060 Campione d'Italia, 23030 Livigno, 81025, 35129, 95045, 90126
The DPD company, with which we process orders, does not deliver packages to Vatican City and San Marino
6. ADDITIONAL GUARANTEE OF RETURN
In addition to the statutory right of withdrawal, we also offer the following additional return guarantee: you can send back the products ordered from us within 30 days of receipt of the delivery. For further information, in particular on the individual product categories covered by this return guarantee, as well as the detailed terms and conditions of the guarantee, please visit the Etsy website: https://www.etsy.com/pl/legal/buyers/?ref=list#purchasing
7. DAMAGE DURING TRANSPORT
For consumer distance purchases, our shop always bears the risk of accidental damage or loss of goods in transit. If goods are delivered with obvious damage incurred during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in making such a claim or contacting us has no consequences for your statutory claims and their settlement,
in particular your rights under the statutory warranty for defects. Faster notification does, however, assist us in asserting our claims against the carrier or transport insurer.
8. WARRANTY AND GUARANTEE
The statutory right of liability for defects in respect of the goods sold (warranty for defects) shall apply within the scope of Article 556 et seq. of the Civil Code. We are obliged to deliver goods free from defects. We are liable under the warranty if a physical defect is discovered before the expiry
of two years from the date on which the item was handed over to you. If the object of sale is a used movable item, our warranty liability is one year from delivery. Information on possible additional warranty and its detailed conditions are always attached to the product and available on the information pages of our shop.
9. LIABILITY FOR DAMAGE
In the event of slightly negligent breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract and which the contractual party can reasonably be expected to fulfil (so-called essential obligations), our liability is limited to the direct damages foreseeable at the time of conclusion of the contract and which can reasonably be expected to occur. Otherwise, claims for damages are excluded.
We shall not be liable for any use of the products which is not in accordance with their intended use or we shall not be liable for any use of the products which is contrary to their intended use or which infringes on the safety of their use.
10. OUT-OF-COURT SETTLEMENT OF DISPUTES
We would like to inform that the Consumers have the possibility to use the out-of-court settlement of complaints and claims. Information on how to access the aforementioned mode and procedures
of dispute resolution can be found at the following address: www.uokik.gov.pl under the tab "Amicable settlement of consumer disputes".
In addition, at the address: http://ec.europa.eu/consumers/odr Consumers have access to an online consumer dispute resolution platform (the so-called ODR platform). The ODR platform is a multilingual, interactive website for consumers and entrepreneurs seeking out-of-court settlement
of disputes arising from the conclusion of a distance sales or service contract.
The use of the above-mentioned out-of-court means of asserting claims and resolving disputes is voluntary and may take place only if both parties to the dispute (the Consumer and the seller) agree to it.
We undertake to use out-of-court dispute resolution with Consumers within the meaning of the provisions of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The entity entitled to out-of-court resolution of disputes between our company and the Consumer is: Online Dispute Resolution Platform (ODR), Rue de la Loi / Wetstraat 200, 1049 Bruxelles/Brussel, https://ec.europa.eu/consumers/odr/.
PRIVACY POLICY
Who is collecting the data?
I, as owner of “kidsNOYAdesign” Etsy shop, am collecting personal data.
This Privacy Policy describes how and when I collect, use, and share information when you purchase an item from me, contact me, or otherwise use my services through Etsy.com or its related sites and services.
This Privacy Policy does not apply to the practices of third parties that I do not own or control, including Etsy or any third party services you access through Etsy. You can reference the Etsy Privacy Policy to learn more about its privacy practices.
What data is collected?
To fulfill your order, you must provide me with certain information (which you authorized Etsy to provide to me), such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (for a custom order of jewelry, for example), if you contact me directly.
What is the legal basis for data processing?
I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary. Legal basis for processing for the personal data:
• as needed to provide my services, such as when I use your information to fulfill your order, to settle disputes, or to provide customer support;
• when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
• if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
• as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services; and 2) Compliance with the Etsy Seller Policy and Terms of Use. I use your information as necessary to comply with my obligations under the Etsy Seller Policy and Terms of Use.
Will the data be made available to third parties?
I share your personal information for very limited reasons and in limited circumstances, as follows:
• Etsy. I share information with Etsy as necessary to provide you my services and comply with my obligations under both the Etsy Seller Policy and Etsy Terms of Use.
• Service providers. I engage certain trusted third parties: [hosting, bookkeeping, mailing etc.] to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
• Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: respond to legal process or to government requests; enforce my agreements, terms and policies; prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or protect the rights, property, and safety of my customers, or others.
As a result, I may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If I am deemed to transfer information about you outside of the EU, I rely on consent and contractual necessity.
How will the data be used?
The personal data I collect will be used for:
• fulfilling your order,
• providing customer support;
• keeping you informed on shop news and updates.
How long will the data be stored?
I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 5 years.
What rights does the data subject have?
You have a number of rights in relation to your personal information:
• Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
• Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
• Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
• Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
How can the data subject raise a complaint?
For purposes of EU data protection law, I, am the data controller of your personal information. If you would like to contact me to access, correct or delete personal information you may contact me via Etsy messaging system.
If you would like to access, correct or delete personal information held by Etsy (which may be wider and include information held by many sellers), you may send a request directly to Etsy via https://www.etsy.com/help/contact.