Terms and Conditions and Privacy Policy
Data Collected by KodyOnline.Pl and How It Is Used
Welcome to KodyOnline.pl (ul. Tartaczna 3, 80-839 Gdańsk, NIP: 6721808801). We would like to inform you about what data we collect, why we collect it, and how we use it. The three main types of data we collect and process are necessary for fulfilling the contract you are a party to, data related to the contract, or data needed to take actions at your request before entering into a contract.
Only authorized employees/associates of kodyonline.pl have access to your data, specifically employees of the department you are dealing with or employees of the Sales and Procurement Departments. Providing data is voluntary, but failure to provide it will result in the inability to enter into a contract. You have the right to request access to your personal data from kodyonline.pl, obtain a copy of it, and request its correction, deletion, restriction of processing, and the right to object to its processing. At the same time, we inform you that you have the right to file a complaint with the President of the Office for Personal Data Protection (supervisory authority).
Your data is collected by kodyonline.pl based on Article 6(1)(b) and (f) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
Your data will be processed during the term of the contract and after its termination for as long as required by applicable law and as long as necessary to establish, pursue, or defend claims.
Your personal data will not be transferred outside the European Union nor used in automated profiling processes.
Consent Clause for Processing Personal Data for Marketing Purposes
I consent to the processing of my personal data by kodyonline.pl for marketing purposes, in accordance with the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2019, item 1781, as amended). kodyonline.pl informs that the administrator of your personal data is WebMiami80 Paweł Zajączkowski (ul. Tartaczna 3, 80-839 Gdańsk, NIP: 6721808801). You have the right to access your data and correct it. Providing personal data is voluntary.
Consent Clause for Receiving Commercial Information
I agree to receive commercial information from kodyonline.pl by electronic means, in accordance with the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text: Journal of Laws of 2020, item 344, as amended).
Information Clause on Personal Data Processing
According to Article 25(1) of the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2019, item 1781, as amended), we inform that:
- The administrator of your personal data is WebMiami80 Paweł Zajączkowski (ul. Tartaczna 3, 80-839 Gdańsk, NIP: 6721808801).
- Your personal data will be processed for marketing products and services.
- You have the right to access your data and correct it.
- Under Article 32(1)(7) of the Act on the Protection of Personal Data, you have the right to request, in writing, the cessation of processing your data due to your specific situation, and under Article 32(1)(8) of the Act, you have the right to object to the processing of your data for marketing purposes or to their transfer to another data controller.
§ 1 Definitions
- Working Days: Days of the week from Monday to Friday, excluding public holidays.
- Delivery: The actual act of delivering the Goods specified in the order to the Customer by the Seller through the Carrier.
- Carrier: The courier company cooperating with the Seller in the delivery of Goods.
- Password: A string of letters, digits, or other characters selected by the Customer during Registration on the Online Store, used to secure access to the Customer Account in the Online Store.
- Customer: An entity for whom services can be provided electronically under the Regulations and the law, or with whom a Sales Agreement can be concluded.
- Consumer: A natural person making a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
- Customer Account: A panel unique to each Customer, launched on their behalf by the Seller, after the Customer registers and concludes an agreement for the provision of the Customer Account service.
- Entrepreneur: A natural person, legal person, or organizational unit not being a legal person, to whom the law grants legal capacity, conducting business or professional activity on their own behalf, and making a legal transaction directly related to their business or professional activity.
- Regulations: These regulations.
- Registration: The actual act performed as specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
- Seller: kodyonline.pl conducting business under the name WebMiami80 Paweł Zajączkowski (ul. Tartaczna 3, 80-839 Gdańsk, NIP: 6721808801), email: kontakt@kodyonline.pl, entered into the Central Register and Information on Economic Activity kept by the Minister of Economy, who is also the owner of the Online Store.
- Online Store Website: Websites where the Seller runs the Online Store, operating in the domain kodyonline.pl.
- Goods: A product presented by the Seller through the Online Store Website, which can be the subject of a Sales Agreement.
- Durable Medium: Material or tool enabling the Customer or Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate to the purposes for which the information serves, and which allows the unchanged reproduction of the stored information.
- Sales Agreement: A sales agreement concluded remotely, on the terms specified in the Regulations, between the Customer and the Seller.
- Intermediary: The activity of a third party aimed at facilitating communication between the parties or handling some matters concerning both parties according to Article 99 § 1 of the Civil Code.
§ 2 General Provisions and Use of the Online Store
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Online Store Website, as well as to patterns, forms, and logos placed on the Online Store Website (except for logos and photos presented on the Online Store Website for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
- The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types, and Internet connection types. The minimum technical requirements for using the Online Store Website are an internet browser at least Internet Explorer 11, Chrome 39, FireFox 34, Opera 26, Safari 5 or newer, with JavaScript enabled, accepting "cookies" and an Internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024x768 pixels.
- The Seller uses cookies, which during the use of the Online Store Website by Customers, are saved by the server on the hard drive of the Customer's end device. The use of "cookies" is aimed at the proper functioning of the Online Store Website on the Customer's end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customer's end devices or the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Online Store Website.
- To place an order in the Online Store via the Online Store Website and to use the services provided electronically through the Online Store Website, it is necessary for the Customer to have an active email account.
- It is prohibited for the Customer to provide unlawful content and to use the Online Store, the Online Store Website, or free services provided by the Seller in a manner contrary to the law, good manners, or violating the personal rights of third parties.
- The Seller declares that the public nature of the Internet network and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus programs and identity protection measures when using the Internet. The Seller never asks the Customer to provide their Password in any form.
- It is not permissible to use the resources and functions of the Online Store to conduct activities by the Customer that would violate the interests of the Seller.
§ 3 Registration
- To create a Customer Account, the Customer is required to register for free.
- Registration is not required to place an order in the Online Store.
- To register, the Customer should complete the registration form provided by the Seller on the Online Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer establishes an individual Password.
- During the completion of the registration form, the Customer has the opportunity to read the Regulations, accepting their content by marking the appropriate field in the registration form.
- During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by marking the appropriate field in the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or anticipated recipients of these data.
- The Customer's consent to the processing of their personal data for marketing purposes is not a condition for the possibility of concluding an agreement with the Seller for the provision of electronic services for maintaining the Customer Account. The consent may be withdrawn at any time by submitting an appropriate statement to the Seller. The statement may be sent, for example, to the Seller's address via email.
- After sending the completed registration form, the Customer immediately receives an email confirmation of Registration from the Seller. At this moment, an agreement for the provision of electronic services for maintaining the Customer Account is concluded, and the Customer gains access to the Customer Account and the ability to make changes to the data provided during Registration.
§ 4 Orders
- Information on the Online Store Website does not constitute an offer of the Seller within the meaning of the Civil Code but only an invitation to Customers to submit offers to conclude a Sales Agreement.
- The Customer may place orders in the Online Store via the Online Store Website 7 days a week, 24 hours a day.
- The Customer placing an order via the Online Store Website completes the order by selecting the Goods they are interested in. Adding Goods to the order is done by selecting the "ADD TO CART" or "BUY NOW" command under the given Goods presented on the Online Store Website. After completing the entire order and indicating the method of Delivery and the form of payment in the "CART", the Customer submits the order by sending the order form to the Seller, selecting the "Order with obligation to pay" button on the Online Store Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as all additional costs that they are obliged to incur in connection with the Sales Agreement.
- Placing an order constitutes an offer of the Customer to the Seller to conclude a Sales Agreement for the Goods being the subject of the order.
- After placing the order, the Seller sends a confirmation of its submission to the email address provided by the Customer.
- Then, after confirming the submission of the order, the Seller sends information about the acceptance of the order for execution to the email address provided by the Customer. The information about the acceptance of the order for execution is the Seller's declaration of acceptance of the offer mentioned in §4 sec. 4 above, and at the moment of its receipt by the Customer, the Sales Agreement is concluded.
- After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the email address of the Customer or in writing to the address provided by the Customer during Registration or placing the order.
§ 5 Payments
- The prices on the Online Store Website presented next to the given Goods are gross prices and do not include information about the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
- The Customer can choose the following forms of payment for the ordered Goods: a) bank transfer to the Seller's bank account (in this case, the order execution will begin after the Seller sends the Customer a confirmation of the order acceptance and after the funds are credited to the Seller's bank account); b) bank transfer through an external payment system, the entity providing online payment processing is PayPal and Przelewy24 (in this case, the order execution will begin after the Seller sends the Customer a confirmation of the order acceptance and after the Seller receives information from the payment system about the payment made by the Customer); c) by credit card, the entity providing online payment processing is PayPal, Przelewy24, and PayU. Available payment forms:
- Payment cards:
- Visa
- Visa Electron
- Mastercard
- MasterCardElectronic
- Maestro
- Other forms of payment:
- BLIK
- Fast transfers
- PayU
- Przelewy24
- PayPal (in this case, the order execution will begin after the Seller sends the Customer a confirmation of the order acceptance and after the Seller receives information from the payment system about the positive payment authorization); d) cash on delivery, payment to the Carrier upon Delivery (in this case, the order execution will begin after the Seller sends the Customer a confirmation of the order acceptance).
- Payment cards:
- The Customer is informed by the Seller on the Online Store Website about the deadline by which they are obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.
- In the event of the Customer's failure to make the payment within the deadline referred to in §5 sec. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable Medium. The information about the additional deadline for making the payment also contains information that after the ineffective expiration of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiration of the second deadline for making the payment, the Seller will send the Customer a statement on a Durable Medium about the withdrawal from the contract based on Article 491 of the Civil Code.
§ 6 Delivery
- Purchased services are delivered electronically by sending an email to the address provided during registration within a few minutes after payment.
- The Seller is obliged to deliver the Goods being the subject of the Sales Agreement without defects.
- The Seller places information on the number of Working Days needed to complete the order on the Online Store Website.
- Ordered Goods are delivered to the Customer electronically to the email address indicated in the order form.
- On the day of sending the Goods to the Customer, a confirmation of the shipment by the Seller is sent to the Customer's email address.
- By placing an order, the Customer agrees to the immediate delivery of the service and thus waives the right to withdraw from the contract within 14 days.
§ 7 Warranty
- The warranty does not apply to digital products delivered electronically. The Customer cannot request a price reduction or return of the service because the product is digital and has already been used, making it impossible to reuse the product.
§ 8 Withdrawal from the Sales Agreement
- By placing an order, the Customer agrees to the immediate delivery of the service and thus waives the right to withdraw from the contract within 14 days.
- Due to the digital nature of the products, it is not possible to return or exchange them after delivery.
§ 9a Provisions Regarding Entrepreneurs
- This §9a of the Regulations and all its provisions are addressed and thus bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021, and for contracts concluded from that date, also not being a natural person entering into a contract directly related to their business activity, where the content of this contract indicates that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by them, made available based on the provisions on the Central Register and Information on Economic Activity.
- The Seller has the right to withdraw from the Sales Agreement concluded with the Customer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not create any claims against the Seller.
- The Seller is entitled at any time to take actions aimed at verifying the truthfulness, reliability, and accuracy of the information provided by the Customer, in particular provided during the submission of the Order. As part of the verification, the Seller is entitled, among others, to request the Customer to send scans of the held certificates, attestations, or other documents necessary for verification. During the verification referred to in the previous sentence, the Seller is entitled to suspend the Account or hold the execution of the Order placed by the Customer for the duration of the verification.
- The Seller has the right to limit the available payment methods, including also requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
- The Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
- The Service Provider/Seller's liability to the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The quantitative limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer to the Service Provider/Seller, including in the case of non-conclusion of the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of concluding the agreement and is not liable for lost profits. The Seller is also not responsible for the delay in the transport of the shipment.
- Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient are submitted to the court having jurisdiction over the Seller/Service Provider's registered office.
§ 10 Free Services
- The Seller provides the following free electronic services to Customers: a) Contact Form; b) Newsletter; c) Recommend to a Friend; d) Customer Account Management.
- The services listed in §10 sec. 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, form, time, and manner of providing access to selected listed services, of which it will inform Customers in the manner appropriate for changes to the Regulations.
- The Contact Form service involves sending a message to the Seller using the form placed on the Online Store Website.
- Resignation from the free Contact Form service is possible at any time and involves stopping sending inquiries to the Seller.
- The Newsletter service can be used by any Customer who enters their email address using the registration form provided by the Seller on the Online Store Website. After sending the completed registration form, the Customer immediately receives an email confirmation from the Seller. At this moment, an agreement for the provision of the Newsletter electronic service is concluded. During Registration, the Customer can additionally mark the appropriate field in the registration form to subscribe to the Newsletter service.
- The Newsletter service involves sending by the Seller, to the email address, messages in electronic form containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
- Each Newsletter directed to specific Customers includes, in particular: information about the sender, the completed "subject" field specifying the content of the shipment, and information about the possibility and manner of resignation from the free Newsletter service.
- The Customer can resign from receiving the Newsletter at any time by unsubscribing via the link included in each email sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
- The free Recommend to a Friend service involves enabling Customers to send an email to a friend about the selected Goods. Before sending the message, the Customer specifies the Goods to be recommended and then fills out the form by entering their email address and the email address of the friend they want to recommend the selected Goods to. The Customer cannot use this service for purposes other than recommending the selected Goods. The Customer does not receive any remuneration or other benefits for using this service.
- Resignation from the free Recommend to a Friend service is possible at any time and involves stopping sending recommendations of selected products to the Customer's friends.
- The Customer Account Management service is available after Registration under the terms described in the Regulations and involves providing the Customer with a dedicated panel on the Online Store Website, allowing the Customer to modify the data provided during Registration, as well as tracking the order execution status and the history of completed orders.
- A Customer who has registered can request the deletion of the Customer Account from the Seller, whereby the deletion of the Customer Account by the Seller can take up to 14 days from the request.
- The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, violates the law or the provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified for security reasons – in particular: the Customer's attempts to breach the security of the Online Store Website or other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue that constitutes the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services via email to the address provided by the Customer in the registration form.
§ 11 Personal Data Protection
- The administrator of the Customers' personal data provided voluntarily to the Seller during Registration, placing a one-time order, and during the provision of electronic services by the Seller or in other circumstances specified in the Regulations, is the Seller.
- The Seller processes the Customers' personal data to fulfill orders, provide electronic services by the Seller, and other purposes specified in the Regulations. The data is processed only for the purpose of performing the contract, based on legal regulations or the Customer's consent in accordance with applicable law.
- The Customer voluntarily provides their personal data to the Seller, with the reservation that the failure to provide certain data during Registration makes Registration and the establishment of a Customer Account impossible and prevents the submission and execution of the Customer's order if the order is placed without Registration of a Customer Account.
- Everyone who has provided their personal data to the Seller has the right to access their data and correct, limit processing, transfer data, and withdraw consent to the processing of personal data.
- The Seller ensures the possibility of deleting personal data, especially in the case of deleting the Customer Account. The Seller may refuse to delete personal data if the Customer has not settled all dues to the Seller or has violated applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's responsibility.
- The Seller protects the personal data provided to them and makes every effort to secure it against unauthorized access or use.
- The Seller provides the Customer's personal data to the Carrier to the extent necessary to complete the Delivery.
- If the Customer chooses payment via the przelewy24.pl system, their personal data is transferred to the extent necessary to execute the payment to PayPro SA, ul. Pastelowa 8, 60-198 Poznań, NIP: 779-236-98-87, REGON: 301345068, District Court Poznań - New Town and Wilda in Poznań, VIII Commercial Division of the National Court Register No. KRS 0000347935.
- If the Customer chooses payment via the PayPal.com system, their personal data is transferred to the extent necessary to execute the payment to PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg) authorized and supervised by the Luxembourg financial sector supervisory commission, Commission de Surveillance du Secteur Financier (CSSF). CSSF headquarters: 283, route d'Arlon, L-1150 Luxembourg. Commercial register number: R.C.S. Luxembourg B 118 349; VAT number: LU22046007.
§ 12 Termination of the Agreement (Does Not Apply to Sales Agreements)
- Both the Customer and the Seller may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the retention of rights acquired by the other party before the termination of the above agreement and the provisions below.
- The Customer who has registered terminates the agreement for the provision of electronic services by sending a relevant declaration of intent to the Seller, using any means of remote communication that allows the Seller to familiarize themselves with the Customer's declaration of intent.
- The Seller terminates the agreement for the provision of electronic services by sending a relevant declaration of intent to the Customer to the email address provided by the Customer during Registration.
§ 13 Transaction Security
- The Seller makes every effort to ensure that transactions conducted in the Online Store are secure. All payments are made through secure payment systems.
- The Customer is obliged to keep confidential the login details to their account in the Online Store. The Seller is not responsible for the consequences of disclosing these data by the Customer to third parties.
§ 14 Return and Complaint Policy
- Due to the digital nature of the products, it is not possible to return or exchange them after delivery.
- In the case of technical problems with the delivery of the digital product, the Customer is obliged to immediately contact the Seller via the contact form or email address kontakt@kodyonline.pl.
- The Seller undertakes to take all measures to resolve the reported technical problems as soon as possible.
§ 15 Seller's Liability for Digital Content
- The Seller guarantees that the offered digital content is free from legal and physical defects.
- If defects in the digital product are found, the Customer is obliged to inform the Seller immediately to take appropriate action.
§ 16 Anti-Spam Provisions
- The Seller undertakes not to send unsolicited commercial information (spam).
- If the Customer receives unsolicited commercial information, they should report this fact to the Seller via the contact form or email address kontakt@kodyonline.pl.
§ 17 Copyright Protection
- All digital content offered in the Online Store is protected by copyright.
- The Customer undertakes to use the purchased content only for their use and not to share it with third parties.
- Unauthorized distribution of purchased digital content is prohibited and may result in civil and criminal liability.
§ 18 Final Provisions
- The Seller is liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers being Entrepreneurs, the Seller is liable only in the case of intentional damage and within the limits of the actual losses incurred by the Customer being an Entrepreneur.
- The content of these Regulations can be recorded by printing, saving on a medium, or downloading at any time from the Online Store Website.
- In the event of a dispute arising under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to resolving all disputes arising under these Regulations is Polish law.
- Each Customer can use out-of-court complaint and claim procedures. In this regard, the Customer can use mediation. The lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the relevant District Courts.
- The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution before the effective date of the new Regulations are executed based on the Regulations that were in force on the date the order was placed by the Customer. The change in the Regulations comes into force within 7 days from the date of publication on the Online Store Website. The Seller will inform the Customer 7 days before the new Regulations come into force about the change in the Regulations via an email message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, they are obliged to notify the Seller, which results in the termination of the agreement in accordance with the provisions of §12 of the Regulations.
- The Regulations come into force on 26.06.2023.
Information Regarding the Online Dispute Resolution System Based on Article 14(1) ODR (Online Dispute Resolution):
The European Commission provides consumers with the opportunity to resolve disputes online in accordance with Article 14(1) ODR (Online Dispute Resolution), on one of the platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-court settlements in disputes arising from online purchases and service agreements.