Terms and conditions
ONLINE SHOP REGULATIONS - myKotty.com
22-12-2022
I. Definitions
The terms used herein have the following meaning:
1. Consumer – (1) a natural person who performs a legal transaction with a seller or service provider not directly related to his business or professional activity or
(2) a natural person conducting business activity concluding a contract directly related to his business activity, if the content of this contract shows that he does not have a professional nature for him, resulting in particular from the subject of his business activity, made available under the provisions of the Central Records and Information, a legal person or an organizational unit that is not a legal person
2. Civil Code - the Act of 23 April 1964 (Journal of Laws No. 16, item. 93, as amended);
3. Regulations - this Terms of Service for providing services electronically via the online shop - www.myKotty.pl;
4. Online Shop (Shop) - the Internet service available at www.myKotty.pl, through which the customer may place orders;
5. Goods - products presented in the Online Shop;
6. Sales agreement - a Goods sales agreement within the meaning of the Civil Code concluded between
myKotty sp. z o.o. (conducting business activity in Poznań, 60-855, ul. Petera Mansfelda 4, Tax Identification Number: 781-197-79-85, REGON: 380934797, registered in the National Court Register under the KRS number: 0000743289 date of register 19-12-2018 (https://ekrs.ms.gov.pl/web/wyszukiwarka-krs),
e-mail: mykotty@mykotty.pl, tel. +48 507772658, and the Client, which is concluded using the online shop;
7. Act on specific terms and conditions of consumer sales - the Act of 27 July 2002 on specific terms and conditions of consumer sales and amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended);
8. Act on provision of electronic services - the Act of 18 July 2002 on provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
9. Order - the Customer's declaration of intent aimed directly at the conclusion of the Sales Agreement specifying, in particular, the type and number of Goods.
10. RODO - 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 (General Data Protection Regulation)
II. General provisions
2.1. These Regulations define the rules of using the online shop available at www.myKotty.pl
2.2. These Regulations are the terms referred to in Article 8 of the Act on provision of electronic services.
2.3. The online shop operating at www.myKotty.pl is run by myKotty sp. z o.o. (conducting business activity in Poznań, 60-855, ul. Petera Mansfelda 4, Tax Identification Number: 781-197-79-85, REGON: 380934797, registered in the National Court Register under the KRS number: 0000743289 date of register 19-12-2018.
2.4. These Regulations define in particular:
a.) rules for making registration and using the account within the online shop;
b.) terms and conditions for electronic booking of goods available in the online shop;
c.) terms and conditions for electronic orders placed in the online shop;
d.) rules of concluding sales agreements with the use of the services provided in the Online Shop.
2.5. Using the online shop is possible provided that the IT system used by the customer meets the following minimum technical requirements:
a.) Internet Explorer version 4.0 or later with enabled cookies, or
b.) Mozilla FireFox version 4.0 or later with enabled cookies, or
c.) Google Chrome version 1.0 or later with enabled cookies, or
2.6. To use the online shop the customer should have access to a computer or an end-device with Internet access.
2.7. In accordance with applicable laws myKotty sp. z o.o. reserves the right to limit the provision of services via the Online Store to people who are 18 years of age or older. Potential customers shall be notified of the above.
2.8. Customers can get access to these Regulations at any time via a link found on the main site www.myKotty.pl, and download it to make a print.
2.9. Information about the Goods given in the online shop, and in particular their descriptions, technical and performance characteristics, and prices, are an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
III. Rules for using the Online Shop
3.1. To use the Online Shop the customer must register on the website.
3.2. Registration takes place by completing and accepting the registration form available on one page of the Shop.
3.3. A condition of the registration is to agree to the content of the Regulations and to provide personal information marked as mandatory.
3.4. myKotty sp. z o.o. shall have the right to deprive the customer the right to use the online shop, and may limit its access to part or all of the resources at the online shop with immediate effect if the Customer breaches the Regulations and, in particular, if the Customer:
a.) provided untrue, inaccurate or outdated data, misleading or violating the rights of third parties, when making the registration,
b.) violated personal rights of third parties, in particular, personal rights of other customers of the online shop using the website,
c.) commits other behaviours that are considered by myKotty sp. z o.o. inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of myKotty sp z o.o.
3.5. A person who has been deprived of the right to use the Online Shop cannot register again without prior consent of myKotty sp. z o.o.
3.6. To ensure safety of transmission of messages and data as part of the services provided within the Site the online shop takes technical and organizational measures appropriate to the seriousness of safety of services, in particular, measures to prevent acquisition and modification of personal data transmitted over the Internet by unauthorized people.
3.7. The customer shall be obliged to:
a.) abstain from delivering content prohibited by law, for example, content that promotes violence, defamatory content or content violating personal rights and other rights of third parties,
b.) use the online shop without disturbing its functioning, in particular, through the use of specific software or devices,
c.) refrain from actions such as sending or posting unsolicited commercial content within the shop (spam)
d.) use the online shop without major inconvenience to other customers and to myKotty sp. z o.o.,
e.) use any content contained in the online shop only for personal use.
f.) use the online shop in accordance with the rules in force in the Republic of Poland, the provisions of the Regulations, as well as the general principles of use of the Internet.
3.8.
1.myKotty sp z o.o. may process personal data in order to fulfill the order based on art. 6 par. 1 lit. b GDPR and obtains this data from customers.
2. The transfer of these data is voluntary, but necessary to complete the order. Because without this data, there will be no contract - sale purchase.
3. myKotty sp. z o.o. is the administrator of personal data. Form of contact: mykotty@mykotty.pl
4. Personal data will be stored for an indefinite period of time, for a minimum of 5 years on account of the relevant provisions of the tax law as well as due to the adopted discount policy and the organisation of special offers. The data in question may be stored for a longer period of time – one required to secure claims arising under the established legal relationship.
5. The customer has the right to request access to their personal data, rectification, deletion or limitation of processing, as well as the right to object to the processing and the right to transfer data.
6. The customer has the right to lodge a complaint to the supervisory authority, which is the President of the Office for Personal Data Protection.
7. The data administrator undertakes to observe the confidentiality related to the client's data and not to disclose this data to unauthorized persons and to properly secure this information against access of all unauthorized persons. The store does not use this data for purposes other than those specified in the Regulations.
8. In matters not covered by these regulations, the provisions of the Civil Code and relevant laws of Poland, as well as European Union law, in particular the GDPR, shall apply.
9. Personal data may be transmitted to entities providing services to myKotty sp. z o.o., e.g. to an accounting office or a law firm, and such entities will be obligated to process the data in question on conditions at least as favourable to Clients as those stipulated by these Regulations and by generally applicable law.
IV. Sales Agreement conclusion procedure
4.1. Information about the Goods given in the online shop, and in particular their descriptions, technical and performance characteristics, and prices, are an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
To conclude the Sales Agreement through the online shop the customer must go to the website www.myKotty.pl, choose the goods and their quantity, take technical steps based on the displayed messages and information available on the site.
4.2. The customer selects the Goods ordered by adding them to the shopping cart.
4.3. When placing the Order - until pressing the "Order" button - the customer can modify the input data and the selected Goods. To do so, the customer must follow the messages and information available on the site. By clicking the “Order” button, the Client confirms having placed their order, which involves a payment obligation.
4.4. After the Customer using the Online Shop provides the necessary data there will be a summary of the Order to be placed. The summary of the Orders shall include the following information:
a.) concerning the Agreement,
b.) unit and total price of the ordered Goods or services, including delivery costs and additional costs (if any)
c.) chosen payment method,
d.) chosen delivery method,
e.) delivery time,
4.5. To send the Order it is necessary to accept the Regulations, provide personal information marked as mandatory, and press the "Place Order" button.
4.6. When the Customer places the Order it signs a declaration of its intention to conclude the Sales Agreement with myKotty sp. z o.o. Sale in accordance with the Regulations.
4.7. After placing the Order, the customer receives an e-mail entitled "myKotty.pl - confirmation of receipt of the order" that contains the final confirmation of all essential elements of the Order.
4.8. The Agreement shall be considered concluded from the moment of the customer's receipt of the e-mail referred to above.
4.9. The sales agreement is concluded in Polish, and its content complies with the Regulations.
4.10. Customers can get access to these Regulations at any time via a link found on the main site www.myKotty.pl, and download it to make a print.
4.11. Consolidation, protection, and sharing of data on orders, General Conditions (Regulations of the online shop) takes place via e-mail.
V. Delivery
5.1. The Goods are sent to the address indicated by the customer when placing the Order. For shipping to countries outside the List below please contact us mykotty@mykotty.pl to determine the delivery cost.
5.2. Delivery of the ordered goods is done through a courier company. Delivery time (working days after paying) and costs you'll find here:https://mykotty.eu/Delivery-cterms-eng-110.html
5.3. If the Client doesn't collect the package and it gets sent back to us, we send it again, free of charge.
VI. Prices and payment methods
6.1. Prices for the Goods are given in British pounds and include all components, including VAT (with the rate height), customs and any other components.
6.2. The customer can pay the price:
a.) using credit cards (Maestro and VISA) through the PayPal service - the credit card is charged at the time of making the payment,
b.) by a bank transfer to the bank account number PL27 1140 2004 0000 3212 0751 7859, Kod BIC/SWIFT BREXPLPWMBK
VII. Right of withdrawal from agreement
7.1. A Client who is also a Consumer shall be entitled to a 100-day period for withdrawal from agreement.
7.2. The consumer shall have the right to withdraw from this agreement within 100 days without stating any reason. The deadline to withdraw from the agreement shall expire after 100 days from the date on which the customer comes into possession of things or a third party other than the courier company and a person indicated by the customer comes into possession of things.
7.3. To exercise the right of withdrawal the customer must inform us by post at myKotty sp. z o.o., Poznań, 60-855, ul. Petera Mansfelda 4, or via e-mail mykotty@mykotty.pl about its decision to withdraw from this agreement by an unequivocal statement (e.g. a letter sent by post or via e-mail).
7.4. The customer can use the model withdrawal form which was sent in an e-mail with the confirmation of your purchase but it is not mandatory.
To keep the deadline for withdrawal the customer should send a piece of information on exercising the right of withdrawal from the agreement before the deadline for withdrawal passes.
7.5. Effects of withdrawal from agreement
a.) If the customer withdraws from this agreement we shall reimburse all payments received from you, including the delivery costs of the goods (with the exception of additional costs resulting from the customer's choice of a different type of delivery than the least expensive normal delivery offered by us) immediately and in any event no later than 14 days from the day on which we are informed about the customer's decision to exercise the right of withdrawal from this agreement. Payments shall be returned using the same payment method that the customer had used for the initial transaction unless expressly agreed otherwise; in any case, the customer shall not incur any fees due to the return.
b.) The Goods shall be received by us - you shall be informed of the date of receipt. The returned Goods should be packed in the original cardboard or a suitable way to ensure that no damage is made to the shipment during transport. Our company shall cover the costs associated with receiving the Goods provided that we use the courier indicated and advised by us. If the Customer decides to return the Goods independently, on his own account, then the costs of returning the Goods will not be refunded.
c.) The customer shall be only responsible for the decrease in the value of things resulting from using it in a different way than it was necessary to establish the nature, characteristics and functioning of things.
VIII. Complaints about the Goods
8.1. As a seller, myKotty sp. z o.o. is liable to the customer who is a consumer within the meaning of Article 22 [1] of the Civil Code under the warranty for defects to the extent specified in the Civil Code, in particular, Article 556 and Article 556 [1] - 556 [3] and the following articles of the Civil Code. myKotty sp. z o.o. does not give guarantees on the products sold.
8.2. Complaints under infringement of rights guaranteed by law or under these Regulations should be addressed to mykotty@mykotty.pl; myKotty sp. z o.o. shall investigate each complaint within 14 days. If a complaint is not investigated within the specified period it means it is recognized as justified.
IX. Complaints concerning provision of electronic services
9.1. myKotty sp. z o.o. shall undertake actions to ensure correct operation of the shop to the extent that results from its technical knowledge, and undertakes to remove any irregularities reported by customers within a reasonable time.
9.2. The customer shall be obliged to immediately notify myKotty sp. z o.o. of any irregularities or interruptions in the functioning of the Shop.
9.3. The customer may inform about any irregularities related to the functioning of the Shop in writing to the following address: myKotty sp. z o.o., Poznań, 60-855, ul. Petera Mansfelda 4, POLAND, or via e-mail to the address mykotty@mykotty.pl or using the contact form.
9.4. In the complaint the customer should provide their name, mailing address, nature and date of irregularities related to the functioning of the Shop.
9.5. myKotty sp. z o.o. shall consider each complaint within 14 days. If a complaint is not investigated within the specified period it means it is recognized as justified.
X. Review/opinion posting policies
10.1 In order for the Opinion to be published in the Online Store, it should be written in English and according to the applicable rules of correct English.
10.2 Published statements are subjective Customer Opinions.
10.3 In order to publish an Opinion, the Customer should provide the following data, i.e.:
a) rating from 1 to 5 stars for key product features,
b) Customer designation (name or nickname),
c) e-mail address (invisible to other customers of the website),
d) Content of the Opinion
and then declare that they have read the Terms and Conditions and accept its content and click the appropriate button confirming adding an Opinion. The above data may be used to verify the truthfulness of the statement.
10.4 In the process of adding reviews, the Store allows you to provide data that allows confirmation of the purchase of the reviewed product in the store www.mykotty.eu. After confirming this data and meeting the conditions for adding reviews by the Customer, referred to below, the Store will additionally mark such an opinion as "confirmed purchase".
10.5 The opinion sent by the Customer will be published after verification by the Store in terms of compliance of its content with the rules provided for in the Regulations. The Store is entitled to decide on publishing or rejecting the submitted Opinion in the Store in a situation where any of the circumstances indicated in point 10.7 of the Regulations occur. The decision on publishing in the Store or rejecting the submitted Opinion takes place within 5 business days from the moment of submitting the Opinion by the Customer. The Customer is informed about the opinion rejection in a message sent to the e-mail address provided in the opinion adding form, together with the reason for the opinion rejection. The Customer has the option of reposting an Opinion that meets the conditions of these Regulations.
10.6 The Customer declares that their statement does not violate applicable law or the rights of third parties. The customer bears full responsibility for the statements posted by them in the Store.
10.7 The store reserves the right to refuse to publish an opinion if:it goes against the law or decency, in particular calls for racial, religious, ethnic hatred, etc. and contains fascist, pornographic and generally considered vulgar content, promotes violence or offends religious feelings,violates any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, business secrets or related to confidentiality obligations,contains personal data, contact details, e-mail addresses or other data enabling direct contact, etc.,contains links to other websites, in particular competitive websites, online stores and price comparison websites, contains the price of products,contains advertising or other commercial content,does not apply in whole or in part to the reviewed product,is added many times by the same User and/or with the same content,is placed by automatic machines, the so-called bots,
10.8 The content of Customer Reviews may be made available to entities authorized to receive them under applicable law, including competent law enforcement or judicial authorities.
10.9 The customer rating for the product is an average calculated on the basis of individual customer ratings. The assessments of individual features have equal weight in calculating the average. The average does not include Opinions refused to be published on the basis of the criteria set out in these Regulations.
XI. Settlement of disputes and final provisions
11.1. The customer who is a consumer may, if interested, use extrajudicial means of settling complaints and pursuing claims. Any disputes concerning online orders can be resolved through mediation proceedings before the Provincial Inspectorate of Trade Inspection through a process before the arbitration court at the Regional Inspectorate of Trade Inspection. The consumer may also use other methods of extrajudicial settlement of disputes and submit its complaint via the EU's Internet platform (ODR) available at: http://ec.europa.eu/consumers/odr/
11.2. If the consumer is not interested in the possibility to use extrajudicial methods of settling disputes, any disputes arising between myKotty sp. z o.o. and the consumer shall be taken to courts competent in accordance with the relevant provisions of the Code of Civil Procedure.
11.3. Any disputes arising between myKotty sp. z o.o. and the customer, who is not a consumer, shall be taken to a court competent for the seat of myKotty sp. z o.o.
11.4. To all matters not regulated herein the regulations of the Civil Code, the provisions of the Act on electronic services, and other relevant provisions of the Polish law shall apply.
11.5. Any changes to the Regulations will be posted on this page.
PRIVACY POLICY
The online shop ("Service") operating at www.myKotty.pl is run by myKotty sp. z o.o. (conducting business activity in Poznań, 60-855, ul. Petera Mansfelda 4, Tax Identification Number: 781-197-79-85, REGON: 380934797, registered in the National Court Register under the KRS number: 0000743289 date of register 19-12-2018, ("Controller").
This Privacy Policy defines the rules for storage and access to information on the user's devices using cookies that are aimed at providing services by the Administrator electronically.
Legal basis for processing personal data:
myKotty sp. z o.o. processes personal data and sensitive data on the basis of law, including
- the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018, item 1000 – uniform text)
- Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 on personal data processing documentation and technical and organizational conditions which should be met by devices and computer systems used for personal data processing (Journal of Laws of 1 May 2004).
Please read these terms and conditions before using the Service. By using the Service you acknowledge acceptance of these terms regardless of whether or not you choose to register in the Administrator's Service.
If you have any questions, comments and requests regarding this privacy policy and Cookies, please contact us at the address below.
§1.
Definitions
1. Administrator - myKotty sp. z o.o. (conducting business activity in Poznań, 60-855, ul. Petera Mansfelda 4, Tax Identification Number: 781-197-79-85, REGON: 380934797, registered in the National Court Register under the KRS number: 0000743289 date of register 19-12-2018
, which provides electronic services, stores, and accesses information in user devices.
2. Cookies - computer data, in particular, small text files saved and stored on devices through which the user uses the websites of the Service.
3. Administrator's Cookies - cookies published by the Administrator that are related to the provision of services by the Administrator electronically through the Service.
4. External Cookies - Cookies published the Administrator's partners through the website of the Service.
5. Service - a website or a web application under which the Administrator runs the website operating at http://myKotty.pl
6. Device - an electronic device through which the user gains access to the Service.
7. User - an entity for which electronic services may be provided or with which an electronic services provision agreement can be concluded in accordance with the Regulations.
§2.
Types of Cookies used
1. Cookies used by the Administrator are safe for the user's device. In particular, viruses or other unwanted software or malware will not be uploaded to the user's device. These files allow identifying the software used by the User and adapt the Service to each user individually. Cookies typically contain the name of the source domain of the files, their storage time on the user's Device and the assigned value.
2. The Administrator uses two types of Cookies:
a) Session Cookies: they are stored on the user's Device and remain there until the end of the session in a given browser. The stored information is then permanently deleted from the memory of a given Device. The session cookies mechanism does not allow downloading any personal data or any confidential information from the User's Device;
b) Permanent Cookies: they are stored on the user's Device and remain there until they are deleted. When the session of a given browser ends or a Device is turned off the cookies are not deleted from the Device. The session cookies mechanism does not allow downloading any personal data or any confidential information from the User's Device;
3. The user can limit or disable the access of cookies to its Device. If the user selects this option the use of the Service is possible, however some functions which require cookies by their nature will not be available.
§3.
Purposes of Cookies
1. The Administrator uses its own cookies for the following purposes:
a) configuration of the Service - adaptation of content of the Service's websites to User preferences, and optimization of the use of the Service's websites;
b) analyses, research and audit - collecting general and anonymous statistical data, creating anonymous statistics via analytical tools to help understand how users of the Service benefit from the Website, which allows improving its structure and content;
c) provision of advertising services - presentation of advertising messages adapted to User preferences;
2. The Administrator uses its external Cookies for the following purposes:
a) configuration of the Service - adaptation of content of the Service's websites to User preferences, and optimization of the use of the Service's websites; (administrator - IAI S.A. branch in Szczecin);
b) analyses, research and audit - collecting general and anonymous statistical data, creating anonymous statistics using analytical tools - Google Analytics - Cookies administrator: Google Inc. branch in USA;
c) provision of advertising services - presentation of advertising messages adapted to User preferences using analytical tools Google Adwords - Cookies administrator: Google Inc. branch in USA, Adpilot Sp. z o.o. branch in Warszawa
§4.
Possibilities to determine the conditions of storage or gaining access using Cookies
1. The User can change the settings for Cookies at any time by specifying the conditions of their storage and gaining access to the user's Device using Cookies. The User can make Changes to the settings referred to in the previous sentence using the web browser settings or by using configuration of the service. These settings can be changed so as to block the automatic handling of Cookies in the web browser configuration or to inform the User whenever Cookies are uploaded to its Device. Detailed information on possibilities and ways of handling cookies is available in the software settings (web browser).
2. The User may delete Cookies at any time using the features available in the web browser.
3. Limited use of Cookies may affect some of the functionality available on the Website.
§5.
Changes to the privacy policy and Cookies
Any changes made to the privacy policy and Cookies shall be made available on this website.
