§ 1 GENERAL PROVISIONS

1. The online shop available at the Internet address https://luukids.com is run by DAMMY PLANET spółka z ograniczoną odpowiedzialnością with its registered office in Białystok, Fabryczna Street 8 /U6/U7, 15-483 Białystok, entered in the register of entrepreneurs kept by the District Court in Białystok XII Economic Department of the National Court Register under the KRS number: 0000932639, NIP: 5423441435, BDO: 000637915, share capital of PLN 5,000.
2. Definitions:
1. WORKING DAY - a day from Monday to Friday, excluding public holidays,
2. REGISTRATION FORM - a form available in the Online Shop which enables the creation of an Account,
3. ORDER FORM - Digital Service, an interactive form available on the Online Shop which allows the Order to be placed, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment,
4. CUSTOMER, SERVICE PROVIDER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law - who has concluded or intends to conclude a Sales Agreement or an Agreement for the provision of Digital Services with the Seller,
5. CIVIL CODE – the Polish Civil Code Act of 23 April 1964,
6. CONSUMER - a natural person entering into a legal transaction with an entrepreneur, i.e. the Seller, which is not directly related to his/her economic or professional activity, as well as a natural person entering into a contract with the Seller which is directly related to his/her economic activity, if it follows from the content of the contract that it is not of a professional nature for that person, in particular resulting from the subject of his/her economic activity,
7. ACCOUNT - Digital Service, marked with an individual name (email address) and a one-time login/registration code provided by the Customer, a set of resources in the Service Provider's ICT system, in which the data provided by the Customer and information about Orders placed by the Customer in the Online Shop are stored,
8. NEWSLETTER - Digital Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to receive automatically from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Shop,
9. PRODUCT - a movable item available in the Online Shop which is the subject of a Sales Contract between the Customer and the Seller,
10. REGULATIONS - these regulations of the Online Shop,
11. ONLINE SHOP - the Seller's online shop available at the internet address https://luukids.com ,
12. SELLER, SERVICE PROVIDER - DAMMY PLANET spółka z ograniczoną odpowiedzialnością with its registered office in Białystok, Fabryczna Street 8 /U6/U7, 15-483 Białystok, entered in the register of entrepreneurs kept by the District Court in Białystok XII Economic Division of the National Court Register under the KRS number: 0000932639, NIP: 5423441435, share capital in the amount of PLN 5 000, e-mail address: hello@luukids.com, telephone number: +48 784 691 129,
13. SALE CONTRACT - a contract of sale of a Product concluded between the Customer and the Seller via the Online Shop,
14. DIGITAL SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop, in accordance with the definition of digital service in Article 2(5a) of the Polish Consumer Rights Act of 30 May 2014,
15. CONSUMER RIGHTS ACT – Polish Act of 30 May 2014 on consumer rights,
16. ORDER - Customer's declaration of intent made via the Order Form and constituting an offer to conclude an Agreement for Sale of a Product addressed to the Seller by the Customer
3. The Customer, the Service Recipient can contact the Service Provider and the Vendor via:
1. By email to: hello@luukids.com
2. The contact form available within the Account;
3. Address for correspondence: DAMMY PLANET Sp z o. o. Graniczna Street 77C, 05-420 Józefów
4. Telephone number: +48 784 691 129
4. These Terms and Conditions are addressed to Consumers, as well as to entrepreneurs using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.
5. The administrator of the personal data processed in the Online Shop in relation to the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Online Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

§ 2 DIGITAL SERVICES IN THE ONLINE SHOP

1. The following Digital Services are available on the Online Shop: Account, Order Form and Newsletter.
2. Account - a digital service consisting of a set of resources maintained for the Customer in the Online Shop under a unique name (email address), in which the Customer's data and information about his/her activities within the Online Shop are collected, the use of the Account is possible after the Customer completes a total of two consecutive steps - (1) completes the Registration Form, (2) clicks the "Register" field.
3. The Account service is provided free of charge for an indefinite period of time. The Customer has the possibility to delete the Account (to resign from the Account) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular by e-mail to: hello@luukids.com or also in writing to the address:
   DAMMY PLANET Sp z o. o.
   ul. Graniczna 77C
   05-420 Józefów
4. The Agreement for the Account Service shall be terminated as soon as the Customer has exercised the option to delete the Account.
5. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Shop by clicking on the "Add to cart" button. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Pay Now" box on the Online Shop website after completing the Order Form - until this point, it is possible to modify the data entered on your own (for this purpose, you should be guided by the messages displayed and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data: first and last name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company name and Tax Identification Number.
6. The Digital Order Form Service is provided free of charge and is of a one-time nature and terminates when an Order is placed through it or when the Customer stops placing an Order through it in advance. The Digital Order Form Service may be used repeatedly.
7. Newsletter - Signing up for the Newsletter shall take place after providing in the "Newsletter" section visible on the website of the Online Shop the e-mail address to which the next edition of the Newsletter is to be sent and clicking the arrow sign. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when setting up the Account and in the welcome box.
8. The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular by e-mail to: hello@luukids.com in writing to the address: DAMMY PLANET Sp z o. o. ul. Graniczna 77C 05-420 Józefów or by clicking on the link at the end of each newsletter message.
9. In order to work with the ICT system used by the Service Provider, it is necessary to meet the following technical requirements: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge or other; (4) inclusion of the possibility of saving cookies in the web browser.
10. The Client agrees to use the Online Shop in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the actual state of affairs. The Client is prohibited from providing unlawful content.

§ 3 CONDITIONS OF CONTRACT OF SALE

1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop as described below. Placing an Order by the Customer is an offer to conclude a Sales Contract for the Product being the subject of the Order, directed by the Customer to the Seller.
2. The price of the Product shown on the website of the Online Shop is given in Polish zloty and includes taxes. The Client is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be established - about the obligation to pay them, the Client is informed on the website of the Online Shop during the process of placing the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
3. The procedure for concluding a Sales Contract in the Online Shop using the Order Form.
1. In order to place an Order it is necessary to:
1. log in to your Account (optional),
2. select the Product that is the subject of the Order and then click on the "Add to cart" button,
3. tick the box to read and accept the Terms and Conditions and Privacy Policy,
4. select the type of shipment (method of delivery of the Product),
5. enter billing details, if different from those of the recipient of the Order,
6. select one of the available payment methods and, depending on the payment method, pay for the Order within the specified period,
7. click the "Pay now" button and confirm your order.
2. While the Order is being placed - until the button confirming the Order is pressed - the Customer has the possibility of modifying the data entered and with regard to the selected Products. For this purpose, the Customer must monitor the messages displayed and the information available on the Website.
3. Once the Order has been placed, the Seller confirms its receipt. Confirmation of receipt of the Order is made by the Seller sending the Customer an e-mail message to the Customer's e-mail address provided during the placement of the Order, which contains the Seller's statement of receipt of the Order and its acceptance for execution, a list of the ordered Products, the delivery address, the billing address and the shipping method. Confirmation of the Order is tantamount to reserving the Product.
4. The confirmation of order acceptance referred to in § 3 section 3 item 3 is the Seller's statement of acceptance of the offer and upon its receipt by the Customer the Contract of Sale is concluded.
5. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Shop and (2) sending the Customer the e-mail message referred to in § 3 section 3 item 3 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Shop.

§ 4 PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

1. The Seller shall make available to the Customer the following methods of payment for the Sales Contract:
1. Electronic payments via przelewy24.pl (BLIK, credit card payments, ApplePay, Google Pay), Stripe (credit card payments, ApplePay, Google Pay).
2. Payment by credit card.
2. Payment term:
1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make immediate payment by one of the methods indicated in § 4.1.a) of the Terms and Conditions,

§ 5 COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

1. Delivery of the Product is available in the territory of European Union.
2. Delivery of the Product to the Customer is chargeable, unless the Sales Contract states otherwise. The Product delivery costs (including transport, delivery charges, postal services and insurance) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the Order placement process.
3. The Seller provides the Customer with the following methods of delivery or collection of the Product: courier, delivery to a parcel machine, personal collection.
4. The lead time (from order confirmation to dispatch) is up to 48 hours. Delivery of the Product to the Customer is up to 5 business days. The Seller is not responsible for delays caused by the carrier.

§ 6 CHECKING THE CONSIGNMENT BY THE BUYER

1. Upon receipt of the Product, the Customer is obliged to check whether the consignment bears any signs of damage and whether the Product is not damaged. If the consignment bears traces of damage, the Customer should draw up a damage report in the presence of the carrier.
2. The correct drawing up of the damage protocol will improve the determination of the moment when the damage occurred and the initiation of the claim procedure with the courier company. Once the protocol has been drawn up, contact the Seller at: hello@luukids.com

§ 7 OPINIONS

1. The user can give feedback on the processing of an order, on a Product or on the Online shop by clicking on the interface next to the Product or by clicking on the link provided in the email. The addition of feedback is voluntary and free of charge.
2. As part of the feedback, customers can give a rating in stars from 1 to 5 and add a verbal comment.
3. The reviews are collected in the web shop panel and displayed publicly on the web shop page.
4. Opinions may only be published by users who have placed an order in the Online shop or by users who have received an appropriate invitation to leave a review.
5. The Seller verifies Opinions using the e-mail address that was used to purchase the Product. An Opinion entered by the person using the email address used to make the purchase is marked on the Online Shop website as an "Opinion confirmed by purchase". Any other opinion is marked as "opinion not confirmed by purchase".
6. The Online shop does not change the content of the reviews or the stars awarded. The online shop reserves the right not to publish selected reviews.
7. The Customer is solely and independently responsible for the content of the feedback. The Online shop is entitled to delete all submitted comments under the conditions provided by law and these terms and conditions.
8. The Online shop reserves the right to remove opinions under the conditions provided by law and these terms and conditions. It is also prohibited to post content that is unlawful, infringes the rights of third parties or constitutes an act of unfair competition.
9. The Customer undertakes not to publish content that contains links to external websites, is of a promotional or advertising nature or contains personal data of third parties.

§ 8 NON-COMPLIANCE WITH THE CONTRACT

1. The Sales Contract covers new Products.
2. This section of the Terms and Conditions sets out the procedure for submitting declarations of non-conformity of Products, Digital Services and other declarations of non-conformity related to the operation of the Seller or the Online Shop. The declaration of non-conformity of the goods with the contract may be submitted:
1. in writing to the following address:
   DAMMY PLANET Sp z o. o.
   ul. Graniczna 77C
   05-420 Józefów
2. in electronic form via email to: hello@luukids.com
3. The sending or return of the Product in case of non-conformity of the Product with the contract may take place at the address:
   DAMMY PLANET Sp z o. o.
   ul. Graniczna 77C
   05-420 Józefów
4. In the statement of non-compliance with the contract it is recommended to include:
1. information and circumstances relating to the subject matter of the declaration, in particular the nature and date of the irregularity or noncompliance with the contract;
2. request for repair or replacement;
3. contact details of the declarant - this will facilitate and speed up the processing of the declaration.
5. If the contact details provided by the declarant change during the processing of the declaration, the declarant is obliged to notify the seller of this.
6. The statement may be accompanied by evidence (e.g. photographs) relating to the subject of the statement being made. The Seller may also ask the person making the statement to provide additional information or send evidence if this will facilitate and expedite the Seller's consideration of the statement.
7. The seller shall respond to the submitted declaration immediately, but no later than within 14 calendar days of receipt.
8. The basis and scope of the Seller's statutory liability are set out in generally applicable laws, in particular the Polish Civil Code, the Polish Consumer Rights Act and the Act on Electronic Provision of Services. Additional information on the Seller's statutory liability for the compliance of the Product with the Sales Agreement is indicated below.
9. If the Product is not in conformity with the Contract, the Consumer may request repair or replacement.
1. The Seller may make a replacement when the Consumer demands a repair, or may make a repair when the Consumer demands a replacement, if bringing the Product into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the contract. When assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the Product with the contract, the value of the Product in conformity with the contract and the excessive inconvenience for the Consumer resulting from the change in the manner of bringing the Product into conformity with the contract,
2. The Seller shall carry out repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the contract and without undue inconvenience for the Consumer, taking into account the specific nature of the goods and the purpose for which the Consumer purchased the goods. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
3. The Consumer shall make the Product to be repaired or replaced available to the Seller. The Seller shall collect the Product from the Consumer at his own expense.
4. If the Product is not in conformity with the contract, the Consumer may make a declaration to reduce the price or withdraw from the contract when:
• The Seller has refused to bring the Product into conformity with the contract;
• The Seller has not brought the Product into conformity with the contract;
• the lack of conformity of the Product continues despite the fact that the Seller has tried to bring the goods into conformity with the contract;
• the lack of conformity of the Product is such as to justify either a reduction in price or withdrawal from the contract without first having recourse to the remedies set out above;
• it is clear from the Seller's statement or the circumstances that he will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer.
5. The consumer may not withdraw from the contract if the lack of conformity of the Product with the contract is insignificant. The lack of conformity of the Product with the contract shall be presumed to be material.
6. In the event of withdrawal from the contract, the Consumer shall immediately return the Product to the Seller at the Seller's expense. The Seller shall reimburse the price to the Consumer immediately, but no later than within 14 days of receipt of the Product or proof of its return. The Seller shall reimburse the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the Consumer.
10. The basis and extent of the Service Provider's statutory liability in connection with the provision of Digital Services are set out in generally applicable legislation, in particular the Polish Consumer Rights Act The following indicates the information on the Service Provider's liability provided by law for the compliance of the Digital Service with the Contract.
11. 11. The provisions contained in this paragraph of the Terms and Conditions concerning the Consumer shall also apply to the Customer who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of this contract that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity.

§ 9 RIGHT OF WITHDRAWAL

1. Subject to paragraph 9, the Consumer who has concluded the contract remotely has the right to withdraw from the contract within a period of 14 calendar days without giving any reason and without bearing any costs, except for the costs referred to in paragraph 8. Sending the declaration before the deadline is sufficient to meet the deadline. The declaration of withdrawal may be made:
1. in writing to the following address:
   DAMMY PLANET Sp z o. o.
   ul. Graniczna 77C
   05-420 Józefów
2. in electronic form via email to: hello@luukids.com
3. in electronic form via an Account in the Online Shop.
2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and as Annex No. 1 to the Terms and Conditions. The use of the sample withdrawal form is not obligatory.
3. The period for withdrawal shall begin:
1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the Consumer or a third party indicated by the Consumer other than the carrier, and in the case of a contract which: (1) involves a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;
2. for other contracts, from the date of conclusion of the contract.
4. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
5. The Seller is obliged to reimburse the Consumer immediately, no later than within 14 calendar days from the date of receipt of the Consumer's declaration of withdrawal from the contract, all payments made by the Consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available at the Online Shop). The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer. If the Seller has not offered to collect the Product from the Consumer itself, the Seller may withhold reimbursement of the payment received from the Consumer until it has received the Product back or the Consumer has provided proof of return, whichever event occurs first.
6. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal from the contract, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: DAMMY PLANET Sp z o. o. 77C Graniczna St. 05-420 Józefów
7. The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8. Possible costs associated with the Consumer's withdrawal from the contract to be borne by the Consumer:
1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery available in the Online Shop, the Seller shall not be obliged to pay the consumer the additional costs incurred by him/her.
2. The consumer shall bear the direct costs of returning the Product.
3. In the case of a Product which is a service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be liable to pay for the performance rendered until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.
9. The right of withdrawal from a distance contract does not apply to the consumer in relation to the contracts listed in Article 38 of the Polish Consumer Rights Act, in particular when the subject of the service is a Product delivered in sealed packaging which cannot be returned after opening for health protection or hygienic reasons, if the packaging has been opened after delivery (Article 38 (1) (5) of the Consumer Rights Act). Baby dummies offered on the Seller's Website benefit from the exemption referred to in this paragraph.
10. The provisions contained in this paragraph of the Terms and Conditions concerning the Consumer shall also apply for contracts concluded from that date to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that 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.

§ 10 OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

1. Out-of-court dispute resolution methods include (1) allowing the parties to bring their positions closer together, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) settling the dispute and imposing a solution on the parties, e.g., through arbitration (conciliation court).
2. A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Polish Office of Competition and Consumer Protection's website address: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

§ 12 FINAL PROVISIONS

1. Contracts concluded through the Online Shop are concluded in the Polish language.
2. Amendment of the Rules of Procedure:
1. The Seller has the right to make changes to the Terms and Conditions for important reasons such as: changes in the law; changes in the methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
2. In the case of agreements of a continuous nature concluded on the basis of these Terms and Conditions (e.g. provision of Digital Services - Account), the amended Terms and Conditions are binding on the Service Recipient, provided that the Service Recipient has been correctly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. Should the amended Terms and Conditions result in the introduction of any new fees or an increase in current fees, the Service Recipient may exercise the right to withdraw from the contract.
3. In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way affect the acquired rights of the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.
3. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Provision of Electronic Services, Act on Consumer Rights; and other relevant provisions of universally applicable law. The choice of Polish law shall not deprive the Consumer of the protection granted to him/her under the provisions of national law, which cannot be excluded by contract. If the provisions that apply in the Consumer's country are more favourable to the Consumer and these provisions cannot be excluded by way of contract, they shall apply in these Terms and Conditions.
4. The court competent to resolve disputes between the Seller and the Customer is the Seller's Court, i.e. the Court in Białystok.