Terms and conditions of use

WITHDRAWAL FROM THE CONTRACT

A model withdrawal form can be found at the link: form

COMPLAINT

The model complaint form can be found at the link: complaint

ONLINE SHOP REGULATIONS

KANGA SHOP

§ 1. GENERAL PROVISIONS

  1. The regulations of the kanga.shop Internet service, specify the terms and conditions of using the Service, as well as the type and scope of services provided electronically through the Service by the Service Provider, i.e. INDIVIDUELLE Sp. z o.o. with its registered office in Gdańsk, at 18 Jana Uphagen Street, 80-237 Gdańsk, entered in the register of entrepreneurs of the National Court Register under No. 0000701199, registration files filed with the District Court Gdańsk-Północ in Gdańsk, VII Economic Division of the National Court Register, NIP: 5833269958, REGON: 368597850. Contact with the Service Provider is possible at the e-mail address: [email protected] , as well as the rights and obligations of the Users.

  2. The Terms and Conditions are made available to Users in electronic form on the Website in such a way that they can store and reproduce the Terms and Conditions in the ordinary course of business. The User using the Services of the Website declares that he/she has read, understood and agreed to all the terms and conditions contained in these Terms and Conditions of the Website, which were made available to the User free of charge by the Service Provider prior to the conclusion of the agreement for the provision of electronic services. 

 

§ 2 DEFINITIONS

  1. Working days - days from Monday to Friday with the exception of public holidays;

  2. Delivery - the actual act of supplying the Customer, through the Seller, with the Product specified in the Order;

  3. Supplier - the entity with which the Seller cooperates in making the Delivery of the Products;

  4. Registration form - a form available on the Website for creating a Customer Account;

  5. Order Form - an interactive form available on the Website which allows the Customer to place an Order, in particular by selecting Products and determining the method of Delivery and payment, as a consequence of which the contract of sale of the Product is concluded between the Customer and the Seller;

  6. Kanga Pay - one of the payment methods made available on the Online Shop, which enables the payment for the Products in the cryptocurrency preferred by the Buyer and the receipt by the Seller of the payment in the cryptocurrency chosen by the Buyer. In order to use Kanga Pay, the Customer is required to read the Terms and Conditions of the Kanga Pay Service located at the following link  https://support.kanga.exchange/pl/regulamin-uslugi-kangapay/ and accept its contents;

  7. Customer - a natural person, a legal person or an organisational unit without legal personality, to whom the Act grants legal capacity, who has concluded an agreement with the Seller. Within the meaning of these Terms and Conditions, the Customer is also a User of the Website;

  8. Customer Account - A collection of resources and rights assigned to the Customer. Within the Customer Account, the data provided by the Customer and information about Orders placed by the Customer in the Store are collected;

  9. Product - goods offered by the Seller as part of the Online Shop;

  10. Terms and Conditions - this document setting out the terms and conditions of use of the Website;

  11. Online Shop/Service - means the website operated by the Service Provider at https://shop.kanga.exchange through which it is possible to use the Services and conclude a Sales Agreement;

  12. Seller / Service Provider - Clever Management Sp. z o.o. with its registered office in Gdańsk, ul. Romana Dmowskiego 7B/10, 80-243 Gdańsk, entered in the Register of Entrepreneurs of the National Court Register under No. 0000609224, registration files filed with the District Court Gdańsk-Północ in Gdańsk, VII Economic Division of the National Court Register, NIP: 9571084727, REGON: 364028692; 

  13. Sales Contract - a contract of sale of a Product concluded between the Customer and the Seller via the Online Shop;

  14. Service or Services - a service provided electronically by the Service Provider to the User via the Website, including in particular Services such as User Account, Contact Form, Order Form; Newsletter.

  15. User - a natural person, a legal person or an organisational unit without legal personality, to which the Act grants legal capacity, using the services provided by the Service Provider as part of the Internet Shop. 

 

§ 3. CONDITIONS OF USE OF THE ONLINE SHOP 

  1. Browsing the Products offered in the Online Shop does not require registration. 

  2. Registration is not necessary to place an order in the Online Shop. However, the Customer may create a Customer Account, the lack of which, does not affect the possibility of browsing through the Products offered in the Online Shop and the possibility of placing an order. 

  3. Registration of a Customer's Account is free of charge by correctly filling in all fields in the Registration Form and accepting the consents specified therein. When filling in the Registration Form, the Customer has the opportunity to read and accept the Terms and Conditions and the Privacy Policy.

  4. A User who has a Customer Account can log in to the Service by providing his/her login and password, and can also log in by means of previously created accounts on other external services, such as gmail. In the case of logging in using the User's data provided within previously created accounts on separate external sites, the Service Provider is not responsible for the correctness of this logging in, the protection of the data provided by the User - in this respect, any undesirable events related to the logging in and the data provided are the responsibility of the administrator (service provider) of the external site with which the User is connected by a separate legal relationship, in particular an agreement for the provision of electronic services. 

  5. The Customer may terminate the Customer Account service agreement at any time, without stating a reason and without incurring costs, in particular by sending the Service Provider an e-mail to: [email protected] or by sending in writing to the Seller's address, i.e. at 18 Jana Uphagen Street, 80-237 Gdańska, request to delete the Customer Account together with an indication of the electronic mail address (e-mail address) currently registered in the Online Shop.

  6. The Service Provider may terminate the Customer Account service agreement with 14 days' notice for important reasons, which include in particular:

  1. Customer's use of the Online Store in a manner that violates the law or the provisions of these Terms and Conditions;

  2. The Customer's use of the Online Shop in a manner that violates the rights of third parties or good morals;

  3. Customer's use of the Online Shop in a manner that interferes with its functioning;

  4. sending or posting of unsolicited commercial information (spam) by the Customer within the Online Shop;

  5. posting on the Site by the Client, in any form whatsoever, of unlawful content, including, in particular, content that violates the rights of the Service Provider, the rights of third parties, posting content that violates the law or good morals.

  1. The Service Provider may make a declaration of termination of the Customer Account service agreement by sending the Customer a declaration of termination of the Customer Account service agreement by e-mail to the e-mail address (e-mail address) currently registered in the Online Shop.

  2. Termination of the Customer Account service agreement by either party, as well as termination of the Customer Account service agreement with the consent of both parties, will result in the blocking and removal of the Customer Account from the Online Shop.

  3. Termination of the Customer Account Service Agreement by either Party, as well as termination of the Customer Account Service Agreement by mutual consent of both Parties, shall not affect the rights acquired by the Parties prior to such termination or dissolution.

  4. Costs arising from the User's use of means of distance communication (in particular the cost of Internet access) shall be borne by the User himself.

  5. The online shop will offer a service for Customers with a Customer Account to add comments on purchased Products. This means that only Customers with a registered Customer Account will be able to add comments, and that the comments can only relate to Products which have been purchased by the Customer.

  6. The Customer is responsible for the published comments and ensures that they are factually correct. The content published by the Customers may not violate the rights of the Seller, the provisions of the Terms and Conditions, generally applicable provisions of law and the rights of third parties. Users are responsible for the truthfulness, reliability and compliance with the law of the content they publish in their comments.

  7. If the Customer adds a comment which violates the rights of the Seller, the provisions of the Terms and Conditions, generally applicable laws or the rights of third parties, the Seller has the right to immediately remove the content added by the Customer.

  8. By adding a comment, the Customer accepts the content of these Terms and Conditions and declares that he has read the Privacy Policy.

  9. If the comment posted by the Customer constitutes a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83 as amended), by voluntarily posting the comment on the Online Shop, the Customer grants the Service Provider a non-exclusive, royalty-free and non-transferable licence to use such works by the Seller, which includes in particular the publication of the works on the Online Shop. The licence is granted in respect of all fields of exploitation known at the time of concluding the agreement for the provision of services, in particular the fields of exploitation specified in Article 50 of the aforementioned Act on Copyright and Related Rights:

  1. in terms of recording and multiplication of the work - production of copies of the work by a specified technique, including printing, reprography, magnetic recording and digital technique:

  2. within the scope of circulation of the original or copies on which the work has been fixed - introduction into circulation, lending or rental of the original or copies;

  3. within the scope of dissemination of the work in a manner other than specified in point 2) above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and at a time chosen by themselves.

 

§ 4. PERFORMANCE OF THE CONTRACT

  1. The Customer may place orders, i.e. may purchase a Product and in this respect conclude a sales contract with the Seller, at the Online Shop 7 days a week, 24 hours a day.

  2. To place an order, please:

    1. use the option to place an order with or without registration;

    2. Select Product;

    3. correctly fill in the Order Form, which contains information concerning in particular the details of the recipient of the order, the place and form of Delivery as well as the form of payment.

  3. A Customer who does not have a Customer Account is required to accept the following in order to place an order in the Online Shop. consents specified on the Order Form.

  4. Once the Customer has completed the information set out in the Order Form, the Customer validates the order and then proceeds to the payment stage. 

  5. Subject to sub-clause 8 below, the final (final) amount to be paid by the Customer consists of the price for the Product and the cost of Delivery (including transport, delivery and postal charges), of which the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing his/her will to be bound by the Sales Contract by completing all the required fields of the Order Form and proceeding to the payment process.

  6. Subject to the following sub-clause 7, the prices given in the Shop are given in Polish zloty and are gross prices (including VAT).

  7. For Customers from countries outside the EU (with the exception of Customers from Switzerland, the United Kingdom, Norway, Liechtenstein, Monaco and the Isle of Man) and for Customers from EU countries with special VAT rules (in accordance with Article 6 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax), the prices shown in the Shop are net prices. 

  8. In the case of Delivery of Products outside the Republic of Poland, the final (definitive) price for the Product will depend, in particular, on the address of Delivery, the size of the shipment, the amount of import duties, customs costs and other costs and charges that will have to be paid for the Delivery. Consequently, if VAT is charged in accordance with the law in the recipient's (Customer's) country, and if there is an obligation to pay in particular import duties, customs costs and other costs and charges, the Customer is obliged to pay them upon receipt of the Product. The release of the Product to the Customer is conditional on the payment upon receipt of the Product of any additional costs that have arisen in connection with the delivery (in addition to the net price of the Product, which has already been paid by the Customer). If the costs in question are not paid, the Seller has the right not to release the Product and to charge the Customer with the costs incurred in connection with the order and the Delivery. The Seller is then also entitled to withdraw from the sales contract within 14 days from the date of the attempted Delivery of the Products,

  9. Once the order has been placed, the seller sends a confirmation of the order to the e-mail address provided by the customer. 

 

§ 5. DATE AND FORM OF PAYMENT

  1. The Seller reserves the right to change prices and quantities of Products offered in the Online Shop. The price applicable to the Customer shall be the price quoted in the Online Shop at the time of correctly completed and submitted Order Form and confirmed by the Seller in the manner specified in § 4.9.

  2. The Customer may make payment for the ordered Products in the forms provided by the Seller and specified in the Online Shop.

  3. With regard to payments via Kanga Pay and providers of other forms of payment available on the Online Shop, the Seller is not the Administrator of the platform enabling payments in this form, and is therefore not responsible for transactions carried out in this way.

 

§ 6 DELIVERY

  1. The delivery of the ordered Product by the Customer is chargeable. In the course of filling in the Order Form, the Customer is informed of the available forms of Delivery, as well as the costs of each of them (subject to § 4.8 of the Terms and Conditions - in the case of Deliveries outside of the Republic of Poland, the Customer will not be informed of the costs of Delivery when filling in the Order Form, these costs will depend on the circumstances specified in § 4.8 of the Terms and Conditions and will be borne by the Customer in accordance with § 4.8 of the Terms and Conditions).

  2. The Seller shall carry out the Delivery in the territory of the Republic of Poland and abroad.

  3. The total price for the purchased Products, including delivery costs, is presented to the Customer in the manner specified in § 4.5 or § 4.8.

  4. In the event that the Customer fails to collect the Product delivered by the Seller, the Seller shall make an additional Delivery only at the Customer's instruction at a date agreed with the Customer for an additional fee agreed individually. The additional Delivery will be made by the Seller after the Customer accepts, in writing or by e-mail, the agreed date of Delivery and the related fee.

  5. The ordered Products are delivered to the Customer via the Supplier to the address indicated by the Customer in the order. The Seller shall not be liable for any delays in Delivery attributable to the Supplier.

  6. The Customer should examine the delivered consignment immediately after delivery. In the event of any defect or damage to the consignment, the Customer shall have the right to request an employee of the Supplier to write a proper protocol. If the protocol is not written down or if no defects are reported, the Customer shall lose his/her rights in this respect.

 

§ 7. WITHDRAWAL FROM THE CONTRACT

  1. Subject to paragraph 4 below, the Customer who is a consumer may, within 14 days from the date of Delivery of the ordered Products, withdraw from the contract without stating a reason. Sending the declaration before the deadline is sufficient to meet the deadline.

  2. The exercise of the right of withdrawal is subject to the Customer's submission of a declaration of withdrawal. The Customer may use the form of declaration of withdrawal which is attached to these Terms and Conditions. The Customer may send the statement in question to the address of the Seller's registered office, or may send a scan of the completed and signed form by e-mail to the following address: [email protected]

  3. To the declaration of withdrawal, the Customer should, if possible, attach the proof of purchase of the Products (however, the attachment of the proof of purchase of the Product is not obligatory and does not affect the effectiveness of the declaration of withdrawal submitted).

  4. The Customer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

  5. The Customer is obliged to return the Products for which he/she has made a declaration of withdrawal within 14 days from the day on which he/she made the declaration of withdrawal. It is sufficient to send back the Products before the deadline.

  6. The Products shall be returned at the Customer's expense. 

  7. The Seller shall, within 14 days of receiving the declaration of withdrawal from the Customer, refund to the Customer the payment made by the Customer for the returned Products. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund.

  8. The Seller may withhold reimbursement of the payments referred to in paragraph 7 above until the Customer has returned the Products to which the withdrawal relates.

  9. The Customer is not entitled to withdraw from the contract if he/she has entered into the contract in the course of his/her business activity, i.e. as an entrepreneur, unless the Customer is a natural person entering into a contract directly related to his/her business activity, and it follows from the content of the contract that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity - in which case the Customer is entitled to withdraw from the contract.

 

§ 8. TECHNICAL REQUIREMENTS

  1. In order to use the Website, the Customer must have Internet-enabled devices, a connection to the Internet, a browser capable of displaying web pages, e.g. Internet Explorer versions 5.5 and above, or Opera versions 7 and above, or Firefox versions 1 and above, or Google Chrome versions 5.0 and above, or Safari 5 or above, with cookies enabled, support for encrypted SSL connections and JavaScript, an active electronic mail (e-mail) account for using the individual Services, and a program capable of reading files in PDF (Portable Document Format).

  2. The service provider reserves the right to change the technical requirements for the provision of electronic services.

  3. The Service Provider is not responsible for the Client's failure to comply with the technical requirements listed in the Terms and Conditions. 

  4. The Service Provider warns that the use of electronic services may involve technical risks, classic to the use of IT systems. Customers should protect their electronic connections and devices against unauthorised access, including in particular the installation of anti-virus software. 

 

§ 9 NEWSLETTER

  1. The Newsletter service is free of charge and consists of sending information and promotional content prepared by the Service Provider.

  2. The Newsletter is made available to Users by the Service Provider upon their express request and free of charge - at no stage will the User be obliged to bear the costs of the Newsletter, except for the costs resulting from the User's use of means of distance communication (in particular the cost of Internet access), which the User shall bear himself.

  3. The use by the User of information and promotional content (Newsletter) shall take place according to the rules set out in these Terms and Conditions and in accordance with the Act on Provision of Electronic Services and the Act on Consumer Rights and shall be tantamount, upon express acceptance of this fact during registration of the e-mail address on the Site, to:

  1. the User's declaration of acceptance of all provisions of these Terms and Conditions and the Privacy Policy;

  2. the User agrees to receive the Newsletter immediately.

  1. The User may cancel the Newsletter Service at any time. 

  2. The Newsletter contains information and promotional content concerning the Website, the Service Provider, the Products offered within the Online Shop.

  3. Receipt of the Newsletter by the User requires the following actions (all conditions must be fulfilled together):

  1. acceptance by the User of the provisions of these Terms and Conditions and Privacy Policy;

  2. that the User consents to the processing of the User's personal data by the Service Provider for the purposes of using the Newsletter and for marketing purposes, in particular to receive commercial information from the Service Provider.

The consents referred to in points 1) and 2) are expressed by clicking on the appropriate field when entering the email address in the Newsletter form contained on the Website.

  1. Upon the User's consent to receive the Newsletter, the Service Provider shall send the User an e-mail confirmation of the conclusion of the agreement, which means that an agreement for the provision of services by electronic means is concluded between the parties for an indefinite period of time. 

  2. Consent to the sending of information and promotional content and the processing of the User's personal data by the Service Provider may be withdrawn by the User at any time by sending an e-mail to: [email protected]

 which is tantamount to resignation from the Newsletter service and results in termination of the Newsletter service agreement. 

  1. The User shall be entitled to lodge complaints regarding the Newsletter Service in accordance with the provisions hereof.

 

§ 10. COPYRIGHT AND RELATED RIGHTS

  1. The Service Provider or entities with which the Service Provider has entered into licensing agreements are entitled to copyright and related rights to the Site as a whole and to its individual parts, graphic, verbal or musical elements, as well as the rights of composition of these elements and their arrangement on the Site. 

  2. The Client is not entitled to use or exploit the materials made available on the Site in whole or in part without the separate consent of the Service Provider, in particular the Client is not entitled to download, save to data carriers, copy or modify in any way the materials placed on the Site.

  3. The use of materials posted on the Site in a manner inconsistent with the provisions of these Terms and Conditions shall constitute an infringement of the Service Provider's rights.

  4. The Customer undertakes in particular to respect the Service Provider's copyrights and rights arising from the registration of inventions, patents, trademarks, utility models and industrial designs.

  5. The Customer declares that any content posted by the Customer on the Website does not infringe any copyright or personal rights of third parties.

 

§ 11. PROCEDURE FOR DEALING WITH PRODUCT COMPLAINTS

  1. The Seller is obliged to provide the Customers with Products without physical and legal defects. The Seller shall be liable to the Customers for defects in the purchased Products under the rules set out in the provisions of the Civil Code Act of 23 April 1964 (consolidated text of the Journal of Laws of 2018, item 1025, as amended), in particular in Article 556 and subsequent articles of the Civil Code.

  2. A complaint may be submitted by the Customer in writing to the Seller's address, i.e. at 18 Jana Uphagen Street, 80-237  Gdańsk, marked "Complaint", or the Customer may send a scan of the complaint statement by e-mail to the following address: [email protected] The Customer may use the goods complaint form which is attached to these Terms and Conditions. The complaint form is only an example which the Customer does not have to use or follow in order to make a complaint.

  3. Complained Products should be sent to the following address of the Seller:  at 18 Jana Uphagen Street, 80-237  Gdańsk.

  4. It is advisable to report a complaint including, in particular: name and surname, correspondence address, electronic mail address (e-mail address) to which a reply to the complaint is to be sent if the Customer wishes to receive a reply to the complaint by e-mail, date of purchase of the Products, type of Product complained of, exact description of the defect and the date on which it was found, the Customer's request. Along with the notification of complaint, the Customer should, if possible, provide proof of purchase of the Product. The above content regarding the complaint notification is only an example, which the Customer does not have to use, and does not affect the effectiveness of the complaints submitted with the omission of the recommended description of the complaint. 

  5. The Customer who exercises his/her rights under the warranty shall be obliged, at the Seller's expense, to deliver the defective Product to the place indicated in section 3 above.

  6. The Seller will consider and respond to the complaint immediately, no later than within 14 days from the date of complaint. The Customer will be informed of the manner in which the complaint will be considered in accordance with the data indicated in the complaint notification.

  7. If there are any deficiencies in the complaint submitted, the Seller will ask the Customer to complete them according to the address details indicated in the complaint.

 

§ 12. COMPLAINTS PROCEDURE FOR SERVICES PROVIDED

  1. The User has the right to lodge a complaint if the Services provided for in the Regulations are not provided or are not provided in accordance with the provisions of these Regulations. Complaints shall be submitted in writing to the address: 18 Jana Uphagen Street, 80-237  Gdańsk, or in electronic form to the e-mail address [email protected]

  2. A correctly sent complaint shall be considered within 30 days of receipt. This period may be extended if consideration of the complaint requires special knowledge or encounters other difficulties beyond the Service Provider's control or if it is necessary to obtain additional information from the Client. The time taken by the Client to provide additional information shall in each case extend the time for consideration of the complaint. 

  3. By submitting a complaint electronically, the Client agrees to receive a response from the Service Provider also in electronic form.

 

§ 13. FINAL PROVISIONS

  1. The Service Provider has the right to amend these Terms and Conditions without giving any reason. The Service Provider shall inform the Clients about the changes in a visible place on the Site and, in addition, the Service Provider shall inform the Clients about the fact that the content of the Terms and Conditions has been changed by sending an e-mail to the e-mail address indicated by them when creating the Client's Account. If the User does not agree with the change of the Terms and Conditions, he/she has the right to terminate the agreement for provision of services by electronic means within 14 days from the date of being informed of the change of the Terms and Conditions by sending an e-mail to the Service Provider at: [email protected] a statement of termination of the contract for provision of services by electronic means. 

  2. The recognition of any provision of these Terms and Conditions as unlawful shall not affect the effectiveness and validity of the remaining provisions of the Terms and Conditions.

  3. Issues relating to the protection of personal data and the Service Provider's use of cookies are described in the Privacy Policy available on the Website.

  4. The provisions of these Terms and Conditions and any disputes between the Service Provider and the User shall be governed by Polish law. 

  5. In the event that the User is a businessman, disputes arising from the performance of this Agreement shall be settled by the court of competent jurisdiction for the Service Provider's registered office. If the User is a consumer, disputes arising from the performance of this Agreement shall be settled by the court of general jurisdiction.

  6. The customer, being an entrepreneur, is not entitled to warranty rights upon sale. 

  7. The Customer, who is a consumer, has the right to make use of out-of-court means of dealing with complaints and claims. For this purpose, the Customer has the possibility to resolve disputes electronically via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.

  8. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily stop or limit the provision of the Services, without prior notice to the Users. In particular, the Service Provider is entitled to carry out maintenance work to restore the security and stability of the ICT system. The User has no claim in connection with the interruption or discontinuation of the Services by the Service Provider.