Kavka Baby Online Store Terms and Conditions
This document primarily defines the principles under which contracts are concluded in the Store, including important information about the Seller, the Store, and the rights of Consumers.
Document dated: June 27, 2025
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Appendix 1: Sample Withdrawal Form
§ 1 DEFINITIONS
Business days – days from Monday to Friday, excluding public holidays in Poland.
Civil Code – the Polish Act of April 23, 1964, the Civil Code. Consumer – A Buyer who is an individual, purchasing from the Store or taking steps to make a purchase, without direct connection with their business or professional activity.
Account – a digital service regulated by separate terms and conditions, within the meaning of the Consumer Rights Act, through which the Buyer can use additional features in the Store free of charge.
Buyer – any entity purchasing from the Store or taking steps to make a purchase.
Privileged Buyer – A Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – A Buyer who is an individual, concluding or intending to conclude a contract with the Seller under the Terms and Conditions, directly related to their business activity, but not of a professional nature.
Pick-up Point – the point located at Narutowicza 18, 93-135 Łódź.
Terms and Conditions – these terms and conditions.
Store – the Kavka Baby online store operated by the Seller at https://en.kavkababy.com. Seller – KAWKA TEXTILES LIMITED LIABILITY COMPANY, with its registered office at ul. Antoniny Hoffmanowej 28, 93-473 Łódź, entered into the National Court Register – Register of Entrepreneurs by the District Court for ŁÓDŹ ŚRÓDMIEŚCIE in Łódź, 20th Commercial Division of the National Court Register, under KRS number 0000955636, Tax Identification Number (NIP) 7292742857, National Business Registry Number (REGON) 52132997500000, share capital PLN 5,000.00.
Consumer Rights Act – Polish Act of 30 May 2014 on Consumer Rights.
§ 2 CONTACT WITH THE SELLER
Postal address: ul. Antoniny Hoffmanowej 28, 93-473 Łódź
Email address: hello@kavkababy.com
Telephone: 722108122
The cost of a telephone call or data transmission made by the Buyer is determined by the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider used by the Buyer.
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning of the Store, the following is required:
a device with internet access
a web browser that supports JavaScript and cookies.
To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is required.
§ 4 IN-STORE PURCHASES
The product prices displayed in the Store are the total prices for the product. The Seller notes that the total price of the order consists of the product price indicated in the Store and, if applicable, the delivery costs.
The selected product must be added to the Store's shopping cart.
The Buyer then selects the delivery method and payment method from the options available in the Store and provides the information necessary to complete the order.
The order is placed upon confirmation of its content and acceptance of the Terms and Conditions by the Buyer.
Placing an order constitutes the conclusion of a contract between the Buyer and the Seller.
The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their details with each order.
§ 5 PAYMENTS
The Store offers the following payment methods:
standard bank transfer to the Seller's bank account;
via the payment platform:
PayPal
If payment is selected via the Autopay payment platform, the online payment service provider is Autopay S.A.
If the Buyer selects prepayment, the order must be paid within 3 Business Days of placing the order.
By making a purchase in the Store, the Buyer accepts the Seller's use of electronic invoices. The Buyer has the right to withdraw this acceptance.
§ 6 ORDER PROCESSING
The order fulfillment deadline is indicated in the Store.
If the Buyer selects prepayment, the Seller will begin processing the order after it has been placed.
Payment.
If the Buyer has purchased products with different delivery times within a single order, the order will be fulfilled within the timeframe appropriate for the product with the longest delivery time.
Countries where delivery is made:
Poland
Austria
Belgium
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Greece
Spain
Netherlands
Ireland
Lithuania
Luxembourg
Latvia
Malta
Germany
Norway
Portugal
Romania
Slovakia
Slovenia
Sweden
Hungary
Italy
The Store offers the following delivery methods:
via courier;
to InPost parcel lockers.
The Buyer can collect the goods in person at the Collection Point during its opening hours.
If the Buyer selects personal collection, the goods will be ready for collection on the indicated order completion date. § 7 RIGHT OF WITHDRAWAL
The privileged buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
The withdrawal period expires after 14 days from the date:
on which the privileged buyer came into possession of the goods or on which a third party other than the carrier and indicated by the privileged buyer came into possession of the goods;
on which the privileged buyer came into possession of the last goods, batch, or part, or on which a third party other than the carrier and indicated by the privileged buyer came into possession of the last goods, batch, or part, in the case of a contract requiring the transfer of ownership of multiple goods that are delivered separately, in batches, or in parts.
In order for the privileged buyer to exercise the right of withdrawal, they must inform the seller, using the details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unequivocal statement (e.g., a letter sent by post or email). The privileged buyer may use the withdrawal form template provided at the end of the Terms and Conditions, but this is not mandatory.
To meet the withdrawal deadline, the privileged buyer must send information regarding the exercise of their right to withdraw from the contract before the expiry of the withdrawal period.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall refund to the privileged buyer all payments received from them, including the costs of delivery of the goods (excluding additional costs resulting from the privileged buyer choosing a delivery method other than the cheapest standard delivery method offered by the seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the privileged buyer's decision to exercise the right of withdrawal.
The seller will refund the payments using the same payment methods used by the privileged buyer in the original transaction, unless the privileged buyer agrees to a different solution. In any case, the privileged buyer will not incur any fees in connection with this refund. If the Seller has not offered to collect the goods from the Privileged Buyer, they may withhold reimbursement until they receive the goods or until they receive proof of their return, whichever comes first.
The Seller requests that the goods be returned to the following address: ul. Antoniny Hoffmanowej 28, 93-473 Łódź, Poland immediately, and in any case no later than 14 days from the date on which the Privileged Buyer informed the Seller of their withdrawal from the sales contract. This deadline is met if the Privileged Buyer returns the goods before the 14-day period expires.
The Privileged Buyer bears the direct costs of returning the goods.
The Privileged Buyer is only liable for any diminished value of the goods resulting from their use other than what was necessary to establish the nature, characteristics, and functioning of the goods.
If, due to their nature, the goods cannot be returned by standard post, the Privileged Buyer will also bear the direct costs of returning the goods. The Privileged Buyer will be informed of the estimated amount of these costs by the Seller in the product description in the Store or when placing the order.
§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL
The right to withdraw from a distance contract, referred to in § 7 of the Regulations, does not apply in relation to a contract:
where the subject of the provision is a non-prefabricated item manufactured according to the specifications of the privileged Buyer or intended to meet their individual needs;
where the subject of the provision is a item that spoils quickly or has a short shelf life;
where the subject of the provision is a item delivered in sealed packaging that, once opened,
The packaging cannot be returned for health or hygiene reasons if the packaging has been opened after delivery;
where the subject of the performance is goods that, due to their nature, are inseparably connected with other items after delivery;
where the subject of the performance is audio or visual recordings or computer programs delivered in a sealed package if the packaging has been opened after delivery;
for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements;
where the price or remuneration depends on fluctuations in the financial market over which the Seller exercises no control and which may occur before the expiry of the withdrawal period.
§ 9 COMPLAINTS
AND GENERAL PROVISIONS
The Seller is liable to the Privileged Buyer for the compliance of the performance with the contract, as provided for by generally applicable law, in particular the provisions of the Consumer Rights Act. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address provided in § 2 of the Terms and Conditions.
If a product is covered by a warranty, information about it and its terms is available in the Store.
The Seller will respond to complaints within 14 days of receipt.
II. PRIVILEGE BUYERS
Goods
In the event of non-conformity of the goods with the contract, the privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
The Seller is liable for any non-conformity of the goods with the contract that exists at the time of delivery and is discovered within two years of that date, unless the expiration date of the goods, as determined by the Seller, its legal predecessors, or persons acting on their behalf, is longer.
Under the provisions of the Consumer Rights Act, in the event of non-conformity, the privileged Buyer may request:
replacement of the goods,
repair of the goods. Additionally, the privileged buyer may submit a declaration of:
price reduction,
withdrawal from the contract
in the event that:
the seller has refused to bring the goods into conformity with the contract in accordance with Article 43d, paragraph 2 of the Consumer Rights Act;
the seller has failed to bring the goods into conformity with the contract in accordance with Article 43d, paragraphs 4-6 of the Consumer Rights Act;
the lack of conformity persists despite the seller's attempts to bring the goods into conformity with the contract;
the lack of conformity is so significant that it justifies a price reduction or withdrawal from the contract without first exercising the remedies specified in Article 43d of the Consumer Rights Act;
it is clear from the seller's declaration or the circumstances that the seller will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged buyer.
In the case of goods subject to repair or replacement, the privileged buyer must make the goods available to the seller. The seller collects the goods from the privileged buyer at its own expense. The privileged buyer cannot withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
In the event of withdrawal from the contract referred to in this section (concerning goods), the privileged buyer shall immediately return the goods to the seller at the seller's expense, to the following address: ul. Antoniny Hoffmanowej 28, 93-473 Łódź. The seller shall refund the price to the privileged buyer immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
The seller shall refund to the privileged buyer any amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the privileged buyer's statement on the price reduction.
Extrajudicial complaint and redress procedures
The seller informs the consumer about the possibility of using extrajudicial complaint and redress procedures. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to provide extrajudicial dispute resolution. The consumer may use, among other things, from:
assistance from the appropriate European Consumer Centre from the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes in cross-border purchases. Assistance from European Consumer Centres is generally free of charge. The list of Consumer Centres competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
the online ODR (Online Dispute Resolution) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
- however, the possibility of submitting complaints via the ODR platform expires on 20 March 2025.
In addition, in the Republic of Poland, the following forms of support are available:
mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection
j, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of inspectorates can be found here: https://uokik.gov.pl/kontakt-kontrola-handlowa
assistance from the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of inspectorates is available at: https://uokik.gov.pl/kontakt-kontrola-handlowa
The previous provision is for informational purposes and does not constitute an obligation for the Seller to use out-of-court dispute resolution methods.
Using out-of-court complaint and redress methods is voluntary for both the Seller and the Consumer.
The Consumer may also use the free assistance of a municipal or district consumer ombudsman. III BUYERS OTHER THAN PRIVILEGED BUYERS
In the event of a defect in the goods, Buyers other than privileged Buyers may file a complaint regarding the defective goods based on the warranty provisions of the Civil Code.
To Buyers other than privileged Buyers, the Seller is liable under the warranty if the physical defect is discovered within two years from the date of delivery of the goods to the Buyer.
According to the Civil Code, Buyers who are entrepreneurs other than privileged entrepreneurs lose their warranty rights if they fail to inspect the goods within the time and manner customary for goods of this type and fail to promptly notify the Seller of the defect, or if the defect is discovered later, if they fail to notify the Seller immediately after discovering it. To meet this deadline, it is sufficient to send a notification of the defect before its expiry. Under the warranty, a Buyer other than a privileged Buyer may, under the terms of the Civil Code:
submit a declaration of price reduction;
in the case of a significant defect, submit a declaration of withdrawal from the contract;
request replacement of the goods with defect-free goods;
request removal of the defect.
If it turns out that the defective goods must be delivered to the Seller to resolve the complaint, the Buyer other than a privileged Buyer is obligated to deliver the goods to the following address: ul. Antoniny Hoffmanowej 28, 93-473 Łódź.
§ 10 PERSONAL DATA
The Seller is the controller of the personal data provided by the Buyer when using the Store. Detailed information regarding the processing of personal data by the Seller – including other purposes and basis of data processing, as well as data recipients – can be found in the privacy policy available in the Store – in accordance with the principle of transparency, as set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR." The purpose of processing the Buyer's data provided by the Buyer in connection with purchases in the Store is to fulfill orders. The basis for processing personal data in this case is:
the contract or actions taken at the Buyer's request to conclude it (Article 6, paragraph 1, letter b of the GDPR),
the Seller's legal obligation, in particular related to accounting and product safety (Article 6, paragraph 1, letter c of the GDPR), and
the Seller's legitimate interest in processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6, paragraph 1, letter f of the GDPR).
Providing data by the Buyer is voluntary, but necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
The Buyer's data provided in connection with purchases in the Store will be processed until:
the contract concluded between the Buyer and the Seller ceases to be valid;
the Seller ceases to be under the legal obligation to process the Buyer's data;
The possibility of pursuing claims by the Buyer or Seller related to the contract concluded by the Store will cease;
the Buyer's objection to the processing of their personal data will be accepted – if the basis for data processing was the Seller's legitimate interest – depending on what is applicable in a given case.
The Buyer has the right to request:
access to their personal data,
rectification,
deletion,
restriction of processing,
transfer of data to another controller,
as well as the right:
to object at any time to the processing of data for reasons related to the Buyer's specific situation – to the processing of personal data concerning them, based on Article 6 paragraph 1 letter f of the GDPR (i.e., on the legitimate interests pursued by the Seller).
To exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the competent authority for data protection.
In Poland, this authority is the President of the Personal Data Protection Office.
§ 11 DISCLAIMERS
The Buyer is prohibited from providing illegal content.
Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the duration and for the purpose of fulfilling the order.
All agreements concluded under these Terms and Conditions are subject to Polish law, subject to paragraph 4.
The choice of Polish law for agreements concluded under these Terms and Conditions with a Consumer does not waive or limit the Buyer's rights under mandatory provisions of law, which apply to the Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law, this broader protection shall apply.
Agreements concluded under the Terms and Conditions are concluded in Polish. In the event of a dispute with a Buyer who is not a privileged Buyer, relating to a contract concluded through the Store, the competent court will be the court with jurisdiction over the Seller's registered office. The Website Terms and Conditions, available in the Store, apply to the use of the Store's website and its features.
