Terms & Conditions

§ 1 INTRODUCTION

This regulation outlines the rules and conditions for using the online store available at http://thebrooklynkids.pl, operated by IT LAB Paweł Myśliński, based at Wesoła 7, apt. 60, 15-307 Białystok, NIP: 5422720216, REGON: 200784946, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the Ministry of Economy. In particular, it specifies the rules for placing orders and concluding sales contracts using distance communication means, as well as using services through the Online Store.

§ 2 DEFINITIONS

1. Postal Address - name of the individual or institution, location in the town (for divided towns: street, building number, apartment or unit number; for towns not divided into streets: town name and property number), postal code, and town.

2. Complaints Address: THE BROOKLYN KIDS Returns and Complaints Mickiewicza 48/19 15-232 Białystok

3. Delivery Price List – available at https://thebrooklynkids.pl/news/n/255/Dostawa

4. Contact Information: THE BROOKLYN KIDS Wesoła 7/60 15-307 Białystok Email: info@thebrooklynkids.pl

5. Delivery – type of transport service with specified carrier and cost as listed in the delivery price list at https://thebrooklynkids.pl/news/n/255/Dostawa

6. Proof of Purchase – invoice, receipt, or bill issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended, and other relevant legal regulations.

7. Business Day – one day from Monday to Friday, excluding statutory public holidays.

8. Civil Code – the Civil Code Act of April 23, 1964, as amended.

9. Code of Good Practices – a set of principles, including ethical and professional standards, referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.

10. Consumer – an adult individual with full legal capacity who makes a purchase not directly related to their business or professional activity.

11. Cart – a list of products created from those offered in the store based on the Buyer’s selections.

12. Buyer – both Consumer and Client.

13. Place of Delivery – postal address indicated in the order by the Buyer.

14. Moment of Delivery – the moment when the Buyer or a third person they designate takes possession of the item.

15. Payment – the method of payment for the subject of the contract and delivery, specified at https://thebrooklynkids.pl/news/n/113/Sposoby-platnosci

Available payment methods:

• Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
• Online payment service provided by Blue Media S.A.

16. Consumer Rights Act – the Consumer Rights Act of May 30, 2014.

17. Product – the smallest indivisible amount of goods that can be the subject of an order, as indicated in the store by the unit price.

18. Subject of the Contract – products and delivery that are the subject of the contract.

19. Performance of the Contract – the subject of the contract.

20. Regulation – these Sales Regulations for purchases using distance communication means and provision of services electronically.

21. Item/Goods – movable property that may be or is the subject of the contract.

22. Store – the online service available at the address thebrooklynloft.com, through which the Buyer can place an order.

23. Seller: IT LAB Paweł Myśliński Wesoła 7/60 15-307 Białystok NIP: 5422720216, REGON: 200784946 Registered in the CEIDG at https://prod.ceidg.gov.pl/CEID...

BANK ACCOUNT: 93 1140 2004 0000 3502 7787 8321

24. System – a set of cooperating IT devices and software, ensuring the processing, storage, sending, and receiving of data via telecommunications networks through an appropriate terminal device, commonly referred to as the Internet.

25. Delivery Time – the number of business days indicated on the product card.

26. Contract – a contract concluded outside the entrepreneur's premises or at a distance, in the meaning of the Consumer Rights Act of May 30, 2014, for Consumers, and a sales contract in the meaning of Article 535 of the Civil Code for Buyers.

27. Defect – both physical and legal defects.

28. Physical Defect – non-conformity of the sold item with the contract, especially if the item:

• a. does not have properties that it should have due to the purpose specified in the contract or resulting from circumstances or intended use;
• b. does not have the properties that the Seller assured the Consumer of;
• c. is not suitable for the purpose the Consumer informed the Seller of at the time of the contract, unless the Seller made reservations about such use;
• d. was delivered incomplete;
• e. if improperly installed and launched by the Seller or a third party for whom the Seller is responsible, or by the Consumer following the instructions received from the Seller.

29. Legal Defect – a situation where the sold item is owned by a third party or encumbered with the rights of a third party, or if a restriction on its use or disposal results from a decision or judgment by a competent authority.

30. Order – the Buyer’s declaration of intent made via the store specifying the type and quantity of products, type of delivery, type of payment, place of delivery, Buyer’s details, and aimed directly at concluding the contract between the Buyer and the Seller.

§ 3 GENERAL CONDITIONS

1. The contract is concluded in Polish, in accordance with Polish law and these regulations.

2. The place of delivery must be located within the territory of the Republic of Poland and the European Union and will be the address indicated by the Client when placing the Order.

3. The Seller is obligated to provide services and deliver goods free from defects.

4. All prices provided by the Seller are in Polish currency and are gross prices (including VAT). The prices of the products do not include the cost of delivery, which is specified in the delivery price list.

5. The store reserves the right to change the prices of the products offered, introduce new products, conduct and cancel promotional actions on the store's pages, or make changes to them. Promotional prices are valid until stocks of the relevant products are exhausted.

6. Promotions organized by the store cannot be combined with others and do not apply to products already discounted.

7. All deadlines are calculated in accordance with Article 111 of the Civil Code, meaning that a deadline in days expires on the last day, and if the start of the deadline is triggered by a specific event, the day on which the event occurred is not included in the calculation of the deadline.

8. The essential terms of the sales contract are confirmed by sending them to the Client's provided email address and including them in the shipment containing the goods, along with a printed confirmation, order specification, and pro forma invoice.

9. The Seller informs about any warranties provided by third parties for products available in the store.

10. The Seller does not charge any fees for communication with them using distance communication means, and the Buyer will bear the costs according to the agreement they have with a third party providing the service enabling remote communication.

11. The Seller ensures the functionality of the store in the following browsers: IE version 7 or newer, Firefox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution of more than 1024px. Using third-party software affecting the functionality of browsers may impact the correct display of the store, so to get the full functionality of the store thebrooklynloft.com, all such software should be turned off.

12. The Seller adheres to the code of good practices.

13. The Buyer is obliged to:

• a. not provide or transmit prohibited content, such as content promoting violence or infringing the rights of others;
• b. use the store in a manner that does not disrupt its operation, especially by using specific software or devices;
• c. not engage in activities such as sending or posting unsolicited commercial information (spam);
• d. use the store in a manner that is not burdensome for other Buyers and the Seller;
• e. use all content provided in the store only for personal use;
• f. use the store in compliance with the applicable laws of the Republic of Poland, the terms of the regulations, and general principles of etiquette.

§ 4 CONCLUDING THE CONTRACT AND EXECUTION

1. Orders can be placed 24 hours a day.

2. To place an order, the Buyer should perform at least the following steps, which can be repeated multiple times:

   • a. add a product to the cart;
   • b. choose the payment method;
   • c. submit the order using the "Order" button.

3. The contract with the Client is concluded when the order is accepted by the Seller after confirming the availability of the ordered product(s), which is communicated to the Client via email within a maximum of 2 business days from the order placement.

4. The execution of an order paid by bank transfer or through an online payment system occurs after the contract is concluded and the entire payment amount is credited to the Seller's account.

5. The delivery of the item(s) occurs within the time specified on the product card, and for orders with multiple products, the longest delivery time indicated on the product cards. The delivery period begins when the order is processed.

6. The purchased item(s) are sent to the Buyer’s indicated delivery address along with the chosen proof of purchase and any relevant attachments as mentioned in §3(7).

7. The order will be processed within 1-3 business days from the confirmation by the Seller and payment being credited. The delivery time depends on the carrier and may take up to 2 business days.