Terms of service

TERMS AND CONDITIONS

I. GENERAL PROVISIONS

  1. These Terms and Conditions set out the rules for using the online store available at www.kinwear.pl.

  2. The Owner and Administrator of the Store is the company: ADKIN Adrian Kinalski, ul. Jarzębinowa 4/12, 85-627 Bydgoszcz, NIP (Tax ID): 9671482485, e-mail address: shop.kinwear@gmail.com, telephone: +48 603704905 (hereinafter referred to as the "Seller").

  3. These Terms and Conditions constitute the regulations referred to in Art. 8 of the Act on Providing Services by Electronic Means.

  4. Contact with the Seller takes place via the e-mail address provided above or the contact form on the Store's website.

II. DEFINITIONS

  • Client – a natural person, legal person, or an organizational unit without legal personality to which special regulations grant legal capacity, who places an Order within the Store.

  • Consumer – a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity.

  • Entrepreneur with Consumer Rights – a natural person concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional character for them.

  • Goods – products presented in the Online Store that may be the subject of a Sales Agreement (clothing, accessories, personalized products).

  • Sales Agreement – a contract for the sale of Goods concluded between the Client and the Seller via the Online Store.

III. TECHNICAL REQUIREMENTS

  1. To use the Store, including browsing the assortment and placing orders, the following are necessary: a) A terminal device with access to the Internet and a web browser, b) An active electronic mail (e-mail) account, c) Enabled cookies support.

  2. The Client is obliged to use the Store in a manner consistent with the law and good manners, keeping in mind respect for personal rights as well as copyrights and intellectual property of the Seller and third parties.

IV. RULES FOR PLACING ORDERS

  1. All prices provided on the Store's website are gross prices (including VAT) and are expressed in Polish Zlotys (PLN). Prices do not include delivery costs, which are indicated during the ordering process.

  2. Orders can be placed via the website 24 hours a day, 7 days a week.

  3. Placing an order constitutes an offer to conclude a Sales Agreement for Goods, submitted to the Seller by the Client.

  4. After placing an order, the Seller sends a confirmation of order acceptance to the e-mail address provided by the Client. Upon receipt of this statement by the Client, the Sales Agreement is concluded.

  5. The Seller reserves the right to verify the order in cases raising justified doubts (e.g., lack of data necessary for shipment).

V. PAYMENTS AND DELIVERY

  1. The Client may use payment methods made available by the Seller on the Store's website (e.g., fast online payments, BLIK, payment cards).

  2. Detailed costs and methods of delivery are visible during the ordering process and in the "Delivery and Payment" tab on the Store's website.

  3. The order processing time is calculated from the moment the payment is credited to the Seller's account.

  4. The Seller is not responsible for extended delivery times resulting from circumstances beyond their control (e.g., delays on the part of the carrier), however, they undertake to dispatch the shipment in a timely manner.

VI. WITHDRAWAL FROM THE CONTRACT (RETURNS)

  1. The Consumer (and the Entrepreneur with Consumer Rights) has the right to withdraw from a distance contract within 14 days from the moment of receiving the goods without giving any reason.

  2. Exclusion of the right of withdrawal: The right to withdraw from the contract does not apply to contracts in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individualized needs (e.g., custom-made clothing, named embroidery, personalized designs).

  3. To exercise the right of withdrawal (for ready-made, non-personalized products), the Client must inform the Seller of their decision by way of an unequivocal statement (e.g., an e-mail to: shop.kinwear@gmail.com).

  4. Detailed rules for returns are set out in the Complaints and Returns Policy, available at: https://kinwear.pl/policies/refund-policy

VII. COMPLAINTS (NON-CONFORMITY OF GOODS WITH THE CONTRACT)

  1. The Seller is obliged to deliver goods to the Client that are free from defects and in conformity with the contract.

  2. In the event of non-conformity of the goods with the contract, the Consumer is entitled to the rights specified in the Consumer Rights Act.

  3. Complaints should be submitted electronically to the address: shop.kinwear@gmail.com. It is recommended to provide a description of the defect and attach photos (if possible) in the notification.

  4. The Seller shall respond to the complaint request immediately, no later than within 14 days from the date of its receipt.

  5. Differences in the appearance of Goods resulting from the settings of the Client's computer equipment (e.g., color of the goods, proportions) do not constitute grounds for a complaint about the Goods.

VIII. INTELLECTUAL PROPERTY

  1. All content posted on the Store's website, including the KINWEAR brand name, logo, product photos, graphics, embroidery designs, and descriptions, are the property of the Seller or entities cooperating with them and are subject to legal protection.

  2. It is prohibited to copy, distribute, or use any elements of the website for commercial purposes without the prior written consent of the Seller.

IX. PERSONAL DATA

  1. The Administrator of Clients' personal data collected via the Online Store is the Seller.

  2. Clients' personal data are collected for the purpose of executing the Sales Agreement, and if the Client consents—also for marketing purposes.

  3. Detailed information regarding data processing is contained in the Privacy Policy, available at: https://kinwear.pl/policies/privacy-policy

X. FINAL PROVISIONS

  1. Contracts concluded via the Online Store are concluded in the Polish language.

  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons (e.g., changes in legal regulations, changes in payment and delivery methods).

  3. Clients holding an account will be notified of any change to the Terms and Conditions via e-mail with the right to terminate the contract within 14 days. For orders placed before the change of the Terms and Conditions, the version of the Terms and Conditions in force at the time of placing the order applies.

  4. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means.

  5. A Client who is a Consumer has the option of using out-of-court methods for handling complaints and pursuing claims, including via the EU ODR platform available at: http://ec.europa.eu/consumers/odr.