The most important information about the terms and conditions and our store

We know that reading regulations is not an exciting activity, so to help you get to the most important information about our store and the rules of using it, we have prepared a summary of them. 

  1. The store is owned by Ilona Kiss- Stankiewicz, conducting business activity under the firm: Kissi Ilona Kiss- Stankiewicz (permanent place of business address: ul. Bolesława Prusa 10/21, 05-800 Pruszków, POLAND), entered in the Central Register of Information on Business Activity conducted by the minister responsible for economy, holding NIP: 5211754448, REGON number: 528788752]. 
  2. You can contact us by e-mail info@kissiwear.pl, traditional post office (ul. Bolesława Prusa 10/21, 05-800 Pruszków, POLAND or by telephone at +48664931364.
  3. To increase the convenience of shopping in our store, we encourage you to create an account, but it is not mandatory. Regardless of the created account, you can delete the account at any time.
  4. All information about the goods available in the store and possible methods of payment and delivery will be displayed on the screen of your device during the ordering process. 
  5. After placing an order, it is necessary to pay for it (an unpaid order may be canceled).
  6. The purchased goods should reach you intact. If the package of goods is damaged, you should write a damage report and contact us immediately. 
  7. You can return the purchased goods without giving a reason within 14 days from the date of its delivery. We will refund the money for the goods to you no later than within 14 days from the date of receipt by us of the returned goods or proof of their return. 
  8. If the goods reach you damaged, defective or otherwise inconsistent with the sales contract, you can file a complaint regarding it. We will respond to the complaint within 14 days from the date of its receipt. 
  9. In case of problems with your account, you have the right to file a complaint about it (please submit it by e-mail). We will respond to the complaint within 14 days from the date of its receipt. 
  10. To enable you to use the store and fulfill orders placed by you, we process your personal data. Detailed information on this subject can be found in our Privacy Policy: Privacy Policy – KISS.I.WEAR

The full content of the store’s terms and conditions can be found below. 

If you have any questions or doubts about the regulations or purchases in our store, please contact us!

Enjoy your shopping! 

TERMS AND CONDITIONS OF THE KISS.I.WEAR ONLINE STORE

Table of contents

General provisions

Definitions

Technical requirements

Rules for using the Store

Account Service Agreement

Sales Agreements

Delivery of Goods

Right of withdrawal from the Sales Agreements

Complaints concerning Goods

Complaints regarding the Account Services

Reviews

Intellectual Property

Processing of personal data 

Out-of-court dispute resolution

Changes to the Account Service

Amendments to the Terms and Conditions

Final Provisions

§ 1.

General provisions

  1. These Terms and Conditions (hereinafter: „Terms and Conditions” or “Regulations”) determine the regulations governing the use of the online Store „KISS.I.WEAR” located at https://kissiwear.pl (hereinafter: „Store”).
  2. The Regulations constitute the terms referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: “Act on Rendering Electronic Services“).
  3. The shop is owned by Ilona Kiss- Stankiewicz, conducting business activity under the firm: Kissi Ilona Kiss- Stankiewicz (permanent place of business address: ul. Bolesława Prusa 10/21, 05-800 Pruszków, POLAND), entered in the Central Register of Information on Business Activity conducted by the minister responsible for economy, holding NIP: 5211754448, REGON number: 528788752 (hereinafter: “Seller“).
  4. Contact with the Seller is possible using:
    1. e-mail – at: info@kissiwear.pl; 
    2. traditional mail – at the address: Kissi Ilona Kiss- Stankiewicz, ul. Bolesława Prusa 10/21, 05-800 Pruszków, POLAND;
    3. phone – at +48664931364.
  1. As part of the business, the Seller:
    1. sells Goods that may be purchased by Buyers;
    2. provides Users with the Account Service.
  2. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: “DSA”), the Seller has appointed a contact point for direct communication with the authorities of the EU Member States, the European Commission, the Digital Services Council and the Website Users on matters covered by the DSA regulation. The contact point can be found at: info@kissiwear.pl. Communication is conducted in Polish.
  3. Information about the Goods available in the Store, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a Sales Agreement within the meaning of art. 71 of the Act of 23 April 1964 Civil Code (hereinafter: “Civil Code“).
  4. Before starting to use the Store, the Customer is obliged to read the Regulations and Privacy Policy.

§ 2.

Definitions

The capitalized words used in the Regulations have the following meaning:

    1. Account – a panel created in the Store’s IT system, enabling the User to use its functionalities, in particular the purchase of Goods;
    2. Account Service – a digital service within the meaning of the provisions of the Act on consumer rights, consisting in the creation and maintenance of an Account by the Seller for the User;
    3. Account Service Agreement – an agreement for the provision of a digital service within the meaning of the Act on Consumer Rights, under which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period, and the User undertakes to provide the Seller with personal data;
    4. Act on the provision of electronic services – a term defined in § 1 section 2 of the Regulations;
    5. Agreement – Agreement for the provision of the Account Service or Sales Agreement;
    6. Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;
    7. Buyer’s License – the term defined in § 11 section 8 of the Regulations;
    8. Civil Code – a term defined in § 1 section 6 of the Regulations;
    9. Consumer – a natural person performing a legal transaction with the Seller not directly related to its business or professional activity;
    10. Consumer Rights Act – the Act of 30 May 2014 on consumer rights;
    11. Customer – User or Buyer;
    12. Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity, conducting business or professional activity on its own behalf;
    13. Entrepreneur with Consumer Rights – a natural person conducting business or professional activity on his own behalf, who has concluded an Agreement with the Seller directly related to his business activity, but not having a professional character for that person, resulting in particular from the subject of his business activity;
    14. Goods – a movable item available in the Store within the meaning of the Civil Code, which may be purchased by the Buyer, in particular clothing products.
    15. Non-conformity – it means: 
  1. Non-conformity of the Goods with the Sales Agreement (the criteria for assessing the conformity of the Goods with the Sales Agreement are set out in Article 43b (1-2)of the Act on consumer rights) or 
  2. Non-conformity of the Account Service with the Agreement for the provision of the Account Service (the criteria for assessing the compliance of the Account Service with the Account Service Provision Agreement are set out in Article 43k (1-2) of the Act on Consumer Rights);
    1. Order – a term defined in § 6 section 4 of the Regulations.
    2. Privacy policy – a document containing information on the processing of Customers’ personal data by the Seller;
    3. Regulations or Terms and Conditions – a term defined in § 1 section 1 of the Regulations;
    4. Review – the Buyer’s opinion on the Goods purchased by him, expressed by assigning points to the Goods on a scale specified by the Seller or through a description of experiences related to the Goods;
    5. Sales Agreement – a sales contract within the meaning of the Civil Code, under which the Seller undertakes to transfer ownership of the Goods to the Buyer and hand over the Goods to him, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
    6. Seller – the term defined in § 1 section 3 of the Regulations;
    7. User – a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who has concluded an Account Service Agreement with the Seller or has taken steps to conclude it;
    8. Working day – a day that is not a Saturday, Sunday or other non-working day within the meaning of the provisions of the Act of 18 January 1951 on non-working days;

§ 3.

Technical requirements

  1. For the Customers to be able to use the Store properly, the following are jointly required:
    1. connection to the Internet;
    2. device(s) enabling the use of Internet resources;
    3. a web browser capable of displaying hypertext documents on the screen of the device, linked to the Internet via the World Wide Web service, supporting the JavaScript programming language and, moreover, accepting cookies;
    4. an active e-mail account.
  2. It is prohibited for Customers to use viruses, bots, bugs or other computer codes, files or programmes (in particular, process automation scripts and applications or other codes, files or tools) within the Store.
  3. The Seller hereby informs that it uses cryptographic protection of electronic transmissions and digital content by means of appropriate logical, organisational and technical measures, in particular to prevent access to data by third parties, including SSL encryption, the use of passwords and anti-virus or anti-spyware software. 
  4. The Seller hereby informs that despite the application of security measures referred to in Section 3 above, the use of the Internet and services provided by electronic means poses a risk that malware may infect the Customer’s computer system and device or that third parties may gain access to the data stored on that device. To minimise the risk, the Seller recommends the use of anti-virus software or means of protecting identification on the Internet.

§ 4.

Rules for using the Store

  1. The Customer is obliged to use the Store in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good practices.
  2. Providing illegal content by the Customer is prohibited.
  3. The prices of the Goods available in the Store are displayed in Polish zlotys (PLN) and constitute a gross value (they include all mandatory price components, including the VAT due).
  4. The Buyer may purchase the Goods both after creating an Account and without creating it. In the case of creating an Account, the Buyer should log in to it before starting shopping.

§ 5.

Account Service Agreement

  1. To conclude the Agreement for the provision of the Account Service, the User should perform the following actions:
    1. go to the Store’s website and then click on the “create account” tab,
    2. In the form that appears, enter the following data:
      1. name and surname;
      2. e-mail address;
      3. password to the Account created by the User;
    1. it is obligatory to mark the checkbox next to the statement of reading the Regulations and Privacy Policy and accepting their provisions;
    2. optionally – tick the checkbox next to the declaration of consent to receive the Newsletter; 
    3. Click the “Create Account” button.
  1. Clicking the “create account” button is tantamount to the conclusion by the User of the Agreement for the provision of the Account Service.
  2. The User gains access to the Account immediately by clicking the “create account” button.
  3. After creating an Account, the User may supplement the mandatory data stored on it with the following optional data:
  1. telephone number;
  2. address of residence/business activity (street, house number, apartment number, city, postal code, country);
  1. With the help of the Account, the User may in particular:
    1. store your personal data; 
    2. place Orders and view placed Orders.
  2. The Seller informs and the User acknowledges that maintaining the compliance of the Account Service with the Agreement for the provision of the Account Service does not require the User to install its updates. 
  3. If the User is not granted access to the Account immediately after the conclusion of the Agreement for the provision of the Account Service, the User calls the Seller to immediately grant access to the Account. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. If the Seller does not grant the User access to the Account immediately after receiving the call referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of the Account Service. 
  4. Notwithstanding the provisions of paragraph 7 above, in the absence of access to the Account to the User, the User may withdraw from the Agreement for the provision of the Account Service without calling the Seller to grant access to the Account, if at least one of the cases indicated in Article 43j paragraph 5 of the Act on consumer rights occurs. 
  5. Notwithstanding the provisions of sections 7-8 above, the User may at any time and without giving a reason terminate the Agreement for the provision of the Account Service with immediate effect. In addition, pursuant to art. 27 et seq. of the Act on consumer rights, the User may withdraw from the Agreement for the provision of the Account Service without giving a reason, within 14 (fourteen) days from the date of its conclusion. 
  6. Withdrawal from the Agreement for the provision of the Account Service or its termination, regardless of the basis for this action, takes place by submitting to the Seller by the User a statement of withdrawal from the Agreement for the provision of the Account Service or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence. 
  7. In the event that the User uses the Account in a manner contrary to the provisions of generally applicable law, the provisions of the Terms and Conditions or good practice, as well as the provision of illegal content by the User, the Seller may terminate the Agreement for the provision of the Account Service with a notice period of 7 (seven) days, by submitting a notice of termination to the User via e-mail. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted. During the notice period, the Seller may block the User’s access to the Account for a period not exceeding 7 days if necessary to prevent further infringements by the User.
  8. In the event of the application of the measure referred to in section 11 above, the User against whom the measure has been applied may file an appeal on the terms described in § 11 of the Terms and Conditions. 
  9. Blocking or deleting the Account does not affect the performance of Sales Agreements concluded by the User before blocking or deleting the Account.

§ 6.

Sales Agreement

  1. To conclude the Sales Agreement, the Buyer should perform the following actions:
    1. enter the Store’s website;
    2. enter the tab of the selected Goods and click the “add to cart” button;
    3. enter the “basket” tab and click the “checkout” button;
    4. In the form that appears, type or select the following:
      1. name and surname;
      2. e-mail address;
      3. telephone number;
      4. address of residence/business activity (street, house number, apartment number, city, postal code, country);
      5. delivery address (if different from the address of residence/business);
      6. optionally – the company and NIP (if the Buyer is an Entrepreneur or an Entrepreneur with Consumer rights);
      7. method of payment;
      8. method of delivery.
    1. it is obligatory to mark the checkbox next to the statement of reading the Regulations and Privacy Policy and accepting their provisions;
    2. optionally – tick the checkbox next to the declaration of consent to receive the Newsletter;
    3. click the “Order with the obligation to pay” button and then pay for the Goods in accordance with the selected payment method.
  1. The Buyer may choose one of the following methods of delivery of the Goods:
  1. courier delivery via DHL services for deliveries outside of Poland;
  2. delivery to a selected InPost parcel locker for deliveries witin Poland;
  3. courier delivery via inPost courier services within Poland;
  1. Payment of the price for the Goods may be made by the Buyer:
  1. by bank transfer to the Seller’s bank account;
  2. by bank transfer using the payment system ‘płacę online imoje’ (ING payment system ‘imoje’);
  3. by credit card VISA or MasterCard via payment system ‘imoje’ (ING payment system ‘imoje’);
  4. by Blik payment system via ‘imoje’ (ING payment system ‘imoje’).
  1. Clicking the “Order with the obligation to pay” button by the Buyer is tantamount to submitting an offer to purchase the selected Goods (hereinafter: “Order“). 
  2. After placing the Order, the Buyer receives a confirmation of its submission to the e-mail address provided by him. 
  3. If it is not possible to execute the Order, the Seller notifies the Buyer by means of a message sent to the e-mail address provided by him. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this paragraph 6 was previously paid by the Buyer, the Seller shall immediately return all payments made by him.
  4. In the case of placing the Order for execution, the Seller notifies the Buyer by means of a message sent to the e-mail address provided by him. At the moment of receipt by the Buyer of the message referred to in the preceding sentence, a Sales Agreement is concluded between the Seller and the Buyer.
  5. If the placed Order, in relation to which the Buyer has selected the payment for the Goods before its delivery, will not be paid within 2 (two) Working days from the date of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order takes place by sending an appropriate statement by the Seller to the e-mail address provided by the Buyer. 

§ 7.

Delivery of Goods

  1. The Seller ships the Goods to addresses located on the territory of the Republic of Poland / European Union / selected countries
  2. In the case of shipment of the Goods to countries outside the European Union, the Buyer bears the costs of customs duties. Detailed information on the amount of fees due can be found by the Buyer on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates of fees due (https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
  3. The costs of shipping the Goods are covered by the Buyer, who pays them simultaneously with the payment of the price for the Goods.
  4. Shipment of the Goods takes place within 1-2 Working days from: 
  1. posting the payment for the Goods on the Seller’s bank account – if the Buyer pays the price for the Goods before its delivery;
  1. The Seller is obliged to deliver to the Buyer the Goods in accordance with the Sales Agreement concerning it. 
  2. The goods delivered to the Buyer should be in an intact condition.
  3. If the Goods are delivered by courier, the Buyer should check the Goods in his presence. If the package of the Goods is damaged, the Buyer should write a damage report and contact the Seller.

§ 8.

Right of withdrawal from the Sales Agreement

  1. The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with consumer rights.
  2. The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by him or a third party indicated by the Buyer who is not a carrier.
  3. The right to withdraw from the Sales Agreement is exercised by the Buyer by submitting to the Seller a statement of withdrawal from the Sales Agreement (hereinafter: “Statement“). To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Statement before the deadline referred to in paragraph 2 above.
  4. The statement may be submitted by the Buyer in any form, in particular on the form constituting Annex 2 to the Act on consumer rights. To improve the exercise of the right to withdraw from the Sales Agreement, the Seller recommends, however, to submit a Statement in the manner indicated in sections 5-8 below. 
  5. The Buyer may submit a Statement in the form of:
    1. Electronic;
    2. Paper.
  1. In the case of selecting the Statement in electronic form, the Buyer should initiate Return process via “Wygodne Zwroty” services, fill in and send the return form via “Wygodne Zwroty” services. 
  2. If you choose the Statement in paper form, the Buyer should print and complete the form constituting Annex 1 to the Regulations and then send it together with the Goods to the address indicated in paragraph 10 below.
  3. The Seller sends the Buyer a confirmation of receipt of the Statement immediately after its receipt, by e-mail. 
  4. In the event of exercising the right to withdraw from the Sales Agreement, the Buyer should return the Goods to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is sufficient to send back the Goods before its expiry.
  5. The standard Goods should be sent back to the following address:

Magazyn Logistyczny AsYouWish – KISS.I.WEAR

ul. Andrzeja Struga 78

90-557 Łódź

  1. The Buyer bears the direct costs of returning the Goods.
  2. The refund of payments made by the Buyer takes place after the Seller receives the returned Goods or proof of their return by the Buyer, whichever occurs first. The refund shall be made using the same method of payment as used by the Buyer in the original transaction unless the Buyer expressly agrees otherwise. The buyer does not bear the cost of returning the payment made.
  3. The Buyer shall be liable for any decrease in the value of the Goods resulting from using them in a manner other than it was necessary to establish the nature, characteristics and functioning of the Goods. 
  4. The Buyer is not entitled to withdraw from the Sales Agreement if:
    1. The Goods are a non-prefabricated item, manufactured according to the Buyer’s specifications or serving to satisfy its individual needs;
    2. The Goods are an item delivered in a sealed package, the opening of which cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery.

§ 9.

Complaints concerning Goods

  1. Pursuant to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty towards Buyers who are Entrepreneurs is excluded. Further provisions of this § 9 apply only to: 
  1. a Buyer who is a Consumer or an Entrepreneur with Consumer rights;
  2. Non-conformity of the Goods with the Sales Agreement.
  1. The goods delivered to the Buyer by the Seller must comply with the Sales Agreement. 
  2. The Seller shall be liable for the Non-Conformity existing at the time of delivery of the Goods to the Buyer and revealed within 2 (two) years from that moment, unless the expiry date of the Goods for use is longer. 
  3. In the event of disclosure of Non-Conformities, the Buyer is entitled to the rights indicated in art. 43d et seq. of the Act on consumer rights. The Buyer’s rights indicated in the preceding sentence shall be exercised in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
  4. In the event of disclosure of Non-Conformities, the Buyer may submit a complaint containing a request:
    1. repair of the Goods, or
    2. exchange of Goods.
  1. The complaint is submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
  2. The complaint should include:
    1. name and surname of the Buyer;
    2. e-mail address;
    3. Order number;
    4. the date of delivery of the Goods;
    5. a description of the Incompatibility revealed;
    6. request for repair or replacement of the Goods.
  1. If the Seller receives a request:
  1. repair of the Goods – the Seller is entitled to replace the Goods;
  2. replacement of the Goods – the Seller is entitled to repair the Goods;

– if the method chosen by the Buyer to bring the Goods into compliance with the Sales Agreement is impossible or would require the Seller to incur excessive costs. 

  1. In the event that both the replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into compliance with the Sales Agreement. 
  2. After considering the complaint, the Seller provides the Buyer with a response to the complaint, in which:
    1. acknowledges the complaint and indicates the planned date of implementation of the Buyer’s request;
    2. acknowledges the complaint and informs the Buyer about the Seller’s exercise of the right referred to in paragraph 8 above;
    3. refuses to bring the Goods into conformity with the Sales Agreement for the reasons indicated in paragraph 9 above;
    4. rejects the complaint because it is unfounded.
  1. The Seller responds to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
  2. In the cases referred to in section 10 points 1-2 above, the Seller at its own expense brings the Goods into conformity with the Sales Agreement within a reasonable time from the receipt of the complaint and without excessive inconvenience to the Buyer, taking into account the specificity of the Goods and the purpose for which the Buyer purchased them. The planned date of bringing the Goods into compliance with the Sales Agreement is indicated by the Seller in response to the complaint.
  3. The Buyer makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Buyer at his own expense.
  4. The Buyer is not obliged to pay for the normal use of the Goods, which were subsequently replaced.
  5. In the event of disclosure of Non-conformity, the Buyer may submit to the Seller a statement on price reduction or withdrawal from the Agreement when:
    1. The Seller refused to bring the Goods into conformity with the Sales Agreement for the reasons indicated in paragraph 9 above;
    2. The Seller has not brought the Goods into conformity with the Sales Agreement in accordance with sections 12-13 above;
    3. The non-conformity continues despite the Seller’s attempt to bring the Goods into conformity with the Sales Agreement;
    4. The Non-conformity is so significant that it justifies withdrawal from the Sales Agreement without first requesting the Seller to bring the Goods into compliance with the Sales Agreement;
    5. from the Seller’s statement or circumstances, the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
  1. A statement on price reduction of withdrawal from the Sales Agreement may be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
  2. The statement on price reduction or withdrawal from the Sales Agreement should contain:
    1. name and surname of the Buyer;
    2. e-mail address;
    3. Order number;
    4. the date of delivery of the Goods;
    5. a description of the Incompatibility revealed;
    6. indication of the reason for making the declaration, chosen from among the reasons indicated in paragraph 15 above;
    7. a statement on the reduction of the price of the Goods, together with an indication of the reduced price of the Goods, or a statement of withdrawal from the Sales Agreement.
  1. The reduced price must remain in such proportion to the price resulting from the Sales Agreement in which the value of the Goods not in accordance with the Sales Agreement remains to the value of the Goods in accordance with the Sales Agreement. The Seller shall return to the Buyer the amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
  2. The Buyer may not withdraw from the Sales Agreement if the Incompatibility is irrelevant. 
  3. In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at his expense. The Goods should be sent back to the following address:

Magazyn Logistyczny AsYouWish – KISS.I.WEAR

ul. Andrzeja Struga 78

90-557 Łódź

  1. The Seller shall return the price of the Goods to the Buyer immediately, no later than within 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever occurs first. The refund of the price is made using the same method of payment as used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different method of refund, which does not involve any costs for him.

§ 10.

Complaints regarding the Account Service

  1. The provisions of this § 10 apply only to Users who are Consumers or Entrepreneurs with Consumer rights.
  2. The Account Service provided to you by Vendor must comply with the Account Service Agreement for the entire duration of the Account Service.
  3. The Seller is responsible for the Incompatibility revealed during the period of provision of the Account Service.
  4. In the event of disclosure of Non-Conformities, the User may submit a complaint containing a request to bring the Account Service into compliance with the Agreement for the provision of the Account Service. 
  5. The complaint is submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
  6. The complaint should include:
    1. User’s name and surname;
    2. e-mail address;
    3. a description of the Incompatibility revealed;
    4. request to bring the Account Service into compliance with the Agreement for the provision of the Account Service.
  1. The Seller may refuse to bring the Account Service into compliance with the Agreement for the provision of the Account Service if it is impossible or would require the Seller to incur excessive costs.
  2. After considering the complaint, the Seller provides the Customer with a response to the complaint, in which:
    1. acknowledges the complaint and indicates the planned date of bringing the Account Service into compliance with the Agreement for the provision of the Account Service;
    2. refuses to bring the Account Service into compliance with the Agreement for the provision of the Account Service for the reasons indicated in section 7 above;
    3. rejects the complaint because it is unfounded.
  1. The Seller responds to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
  2. If the complaint is accepted, the Seller at its own expense brings the Account Service into compliance with the Agreement for the provision of the Account Service within a reasonable time from the receipt of the complaint and without undue inconvenience to the User, taking into account the nature of the Account Service and the purpose for which it is used. The planned date of bringing the Account Service into compliance with the Agreement for the provision of the Account Service is indicated by the Seller in response to the complaint. 
  3. In the event of disclosure of Nonconformities, the Customer may submit to the Seller a statement of withdrawal from the Agreement for the provision of the Account Service when:
    1. bringing the Account Service into compliance with the Account Service Agreement is impossible or requires excessive costs;
    2. The Seller has not brought the Account Service into compliance with the Account Service Agreement in accordance with section 10 above;
    3. The non-compliance persists even though Vendor has attempted to bring the Account Service into compliance with the Account Service Agreement;
    4. The non-compliance is so significant that it justifies withdrawal from the Agreement for the provision of the Account Service without first requesting the Seller to bring the Account Service into compliance with the Account Service Agreement;
    5. it is clear from the Seller’s statement or circumstances that the Account Service will not bring the Account Service into compliance with the Account Service Agreement within a reasonable time or without undue inconvenience to the User. 
  1. A statement of withdrawal from the Agreement for the provision of the Account Service may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
  2. The statement of withdrawal from the Agreement for the provision of the Account Service should include:
    1. name and surname of the Client;
    2. e-mail address;
    3. the date of delivery of the Account Service; 
    4. a description of the Incompatibility revealed;
    5. indication of the reason for making the declaration, chosen from among the reasons indicated in paragraph 11 above;
    6. statement of withdrawal from the Agreement for the provision of the Account Service. 
  1. In the event of withdrawal by the User from the Agreement for the provision of the Account Service, the Seller deletes the Account immediately after receiving a statement of withdrawal from the Agreement for the provision of the Account Service. 

§ 11.

Reviews

  1. The Buyer who purchased the Goods and used them personally may send the Seller a Review regarding these Goods. 
  2. Sending a Review may take place in any way, in particular by filling in the electronic form made available in the Store by the Buyer. Simultaneously with sending the Review, the Buyer should submit a statement on reading the Regulations and Privacy Policy and accepting their provisions (e.g. by checking the checkbox in the form available in the Store). 
  3. The Seller publishes the Review in the Product card after checking whether it does not violate the provisions of the Regulations. However, this does not preclude the removal of a Review that has already been published if it proves to be inconsistent with the Rules after its publication. 
  4. The Seller is not obliged to publish the received Review. 
  5. The Review sent to the Seller may not be changed or deleted by the Buyer.
  6. The Seller is not obliged to publish the received Review. 
  7. It is forbidden to include in Reviews:
    1. false data, contrary to the law, the Regulations or good practice;
    2. Content that engages in activities prohibited by law, incites violence, hatred, or insults any group of people or individuals.
    3. content that may infringe personal rights, copyrights, image rights or other rights of third parties;  
    4. advertising, promotional, political, religious, or discriminatory content;
    5. content that promotes competitive activity against the Seller.
  1. Each person using the Shop’s website (hereinafter referred to as the “Reporting User“) is entitled to submit an Review that may violate the Terms and Conditions. 
  2. You can make your submission by e-mail address indicated in paragraph 1, section 4, point 1 of the document.
  3. The Submission should include the following information:
    1. a sufficiently substantiated explanation of the reasons why the Opinion constitutes illegal content; 
    2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information to identify the Reviews, as appropriate to the type of Reviews and the functionality of the Store.
    3. the name and email address of the Reporter, with the exception of the report concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,
    4. a statement confirming the Reporting User’s good faith belief that the information and allegations contained therein are correct and complete.
  1. Upon receipt of the Submission, the Seller sends the Reporting User a confirmation of its receipt to the e-mail address provided by the Reporting User.
  2. In the event that the Submission does not contain the elements indicated in section 8 above or contains errors, the Seller may ask the Reporting User to supplement or correct the application within 14 days from the date of receipt of the above-mentioned request. In the event that the Reporting User fails to complete or correct the application within the time limit specified in the preceding sentence, the Seller may leave the application unexamined.
  3. The Seller verifies the Submission within 14 days from the date of receipt of a complete and correct report. As part of the verification process, if necessary, we will ask you to submit any additional information or documents. Until the report is resolved, we may block the visibility of the Feedback.  
  4. After verifying the Submission, the Seller:
    1. removes the Review that violates the Terms and Conditions;
    2. restores the Review that does not violate the rules arising from the Terms and Conditions (if its visibility was blocked at the stage of verification of the Application),

giving the reasons for our decision. 

  1. In the event of the removal of a Review, the Seller shall immediately notify both the Reporting User and the Buyer who published the removed Review, providing the reasons for their decision. 
  2. The justification for the Seller’s decision includes:
  1. an indication of whether the decision includes the removal of the Review, blocking its visibility, depositioning or imposing other measures referred to in the Terms of Service in relation to that Feedback and, where applicable, the territorial scope of the decision and its duration;
  2. the facts and circumstances on the basis of which the decision was made, including, where applicable, whether the decision was made on the basis of a report made by the Reporting User or on the basis of voluntary checks carried out at the initiative of the Seller and, where strictly necessary, the identity of the Reporting User;
  3. where applicable, information on the use of automated means in decision-making, including whether a decision has been made in relation to Reviews detected or identified using automated tools;
  4. if the decision relates to a potentially prohibited Review, an indication of the legal or contractual basis on which the decision is based and an explanation of the reasons why the Review is considered to be prohibited on that basis;
  5. clear and user-friendly information for the Buyer and the Reporting User about their options to appeal against the decision.
  1. A Buyer whose Submission has been removed or a Reporter who is denied removal by a Seller may appeal the Seller’s decision. 
  2. You can file an appeal submission by e-mail address indicated in paragraph 1, section 4, point 1 of the document.
  3. The appeal should include: 
  1. the name of the appellant,
  2. contact details (e-mail address, correspondence address),
  3. a detailed explanation of why, in the appellant’s opinion, why the Seller’s decision is wrong and should be changed.
  1. The Seller shall immediately acknowledge receipt of the appeal by sending a notification to the e-mail address provided by the Reporting User.
  2. Appeals are considered within 14 days from the date of their receipt by the Seller’s authorized team (these activities will not be performed in an automated manner, without human intervention). 
  3. Sending a Review is tantamount to the Buyer making a statement that he is the sole author of the Review. The Buyer is responsible for the content of the Review and the consequences of its publication (including infringements of personal rights and intellectual property rights of third parties).
  4. Sending the Review is tantamount to granting the Seller by the Buyer a free-of-charge non-exclusive license to use it (hereinafter: “Buyer’s License“).
  5. The Buyer’s license is granted for an indefinite period (with the possibility of termination for two years in advance, effective at the end of the calendar year) and without territorial restrictions and includes the use of the Review in the following fields of exploitation:
    1. fixation and reproduction in any quantity, by any technique and in any format;
    2. dissemination in any way, by any means of communication, through publication in the Store and in the Seller’s social media.
  1. The Buyer’s license authorizes the Seller to grant any other third parties further licenses to use the Review. Further license referred to in the preceding sentence may be granted by the Seller for a fee or free of charge. 
  2. The Buyer undertakes not to exercise its moral rights in the Review (including the right to mark the authorship of the Review and the right to supervise the use of the Review) and authorizes the Seller to exercise these rights on behalf of the Buyer. 

§ 12.

Intellectual Property

  1. All components of the Store, in particular:
    1. the name of the Store;
    2. the logo of the Store;
    3. photos and descriptions of the Goods;
    4. principles of operation of the Store’s website, all its graphic elements, interface, software, source code and databases

– are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, and other generally applicable laws, including European Union laws.

  1. Any use of the Seller’s intellectual property without its prior express permission is prohibited.

§ 13.

Processing of personal data

Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: Privacy Policy – KISS.I.WEAR

§ 14.

Out-of-court dispute resolution

  1. The provisions of this § 14 apply only to Customers who are Consumers.
  2. The Customer shall have the opportunity to use out-of-court procedures for handling complaints and pursuing claims.
  3. Detailed information on the possibility for the Customer to use out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of: 
    1. district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection; 
    2. Voivodship Inspectorates of Commercial Inspection;
    3. Office of Competition and Consumer Protection.
  1. The Customer may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.
  2. The Seller informs that, insofar as such an obligation does not arise from mandatory legal provisions, it does not make use of out-of-court complaint and redress procedures. Moreover, the Seller does not undertake to use the ODR platform referred to in paragraph 4 above.

§ 15.

Changes to the Account Service

  1. The Seller may change the Account Service in the event of:
    1. the need to adapt the Account Service to newly created devices or software used by Users to use the Account Service;
    2. the Seller’s decision to improve the Account Service by adding new functionalities or modifying existing functionalities;
    3. the legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status. 
  1. Changing the Account Service may not involve any costs on the part of the User. 
  2. The Seller informs Users about the change of the Account Service by placing a message on the Account informing about the changes. Regardless of the change, information about the change may be sent to Users via e-mail. 
  3. If the change of the Account Service will significantly and negatively affect the User’s access to the Account Service, the Seller is obliged to inform the User about:
    1. the nature and timing of the change, and
    2. the User’s right to terminate the Agreement for the provision of the Account Service with immediate effect within 30 (thirty) days of making the change. 
  1. The information referred to in paragraph 4 above shall be sent by the Seller to Users via e-mail, no later than 7 (seven) days before the change. 
  2. Termination of the Agreement for the provision of the Account Service by the User pursuant to paragraph 4 point 2 above takes place by submitting to the Seller a statement on termination of the Agreement for the provision of the Account Service. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence. 

§ 16.

Amendments to the Terms and Conditions

  1. The Seller may change the Regulations in the case of:
    1. changes in the Seller’s data;
    2. changes in the subject of the Seller’s activity;
    3. commencement of the provision of new services by the Seller, modification of services previously provided or discontinuation of their provision;
    4. make a technical modification of the Store requiring adaptation of the provisions of the Regulations to them;
    5. the legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status. 
  2. Customers will be informed about the amendment of the Regulations by publishing its amended version on the Store’s website. At the same time, the amended version of the Regulations will be sent to Users by e-mail.
  3. Sales Agreements concluded before the date of publication of the new Regulations on the Store’s website shall be governed by the provisions of the Regulations then in force.
  4. The User who does not agree to the amendment of the Regulations may terminate the Agreement for the provision of the Account Service with immediate effect within 7 (seven) days from the date of receipt of the amended version of the Regulations by e-mail. Lack of termination shall be deemed consent to change the Regulations.
  5. Termination of the Agreement for the provision of the Account Service takes place by submitting to the Seller by the User a statement of termination of this Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
  6. Immediately after receiving the statement referred to in paragraph 5 above, the Seller deletes the Account.

§ 17.

Final provisions

  1. The law applicable to the Regulations and the Agreements indicated therein is Polish law. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of protection resulting from the provisions of foreign law, which cannot be excluded by contract, and which would apply in the absence of the choice of Polish law made in the preceding sentence
  2. Part of the Regulations is Appendix No. 1 – Statement of withdrawal from the Sales Agreement
  3. The current version of the Regulations is effective from 01.01.2025.