Terms of Use

Website

The online store Wispy Kiki, available at https://wispykiki.com, run by the Service Provider.

Service Provider

Klaudia Sadowska, an entrepreneur running a business under the name Kiki Corp Klaudia Sadowska, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP (tax ID) 5632448401, REGON 521953254, ul. Polki 1A/10, 02-826 Warszawa, Poland; BDO: 000668217

Where the Terms use expressions such as “we”, “our”, “us”, etc., they refer to the Service Provider.

Service Recipient

any entity using the Website, including the services available on it.

Consumer

a Service Recipient who is a natural person using the Website not directly in connection with their business or professional activity.

Privileged Entrepreneur

a Service Recipient who is a natural person concluding an agreement under the Terms (or taking steps to conclude it) directly related to their business activity but not of a professional nature for them.

Privileged Service Recipient

a Service Recipient who is a Consumer or a Privileged Entrepreneur.

To contact us, you can use the following forms of electronic communication:

• email: service@wispykiki.com
• contact form available at: https://wispykiki.com/pages/contact

Apart from electronic communication, you can also contact us by phone at:
502644319

You can contact us in the following languages:

• Polish,
• English.

To use the Website properly, the following technical requirements must be met:

• a device with internet access,
• a web browser supporting JavaScript and cookies,
• an active email account - if you use features that require an email address.

Any additional technical requirements for the Extended Services are communicated to the User in accordance with the law.

On our Website we provide the digital services listed below in the Terms (the “Services” or a “Service”).

On the Website we distinguish the following Services:

a) Basic:

• browsing our Website
• placing an order (any sales contract is concluded under the Store Terms of Service, available here: https://wispykiki.com/policies/terms-of-service)
• a contact form for sending us messages
• consenting to receive marketing messages from us electronically

and

b) Extended:

• user account (the rules for using this service are set out in a separate document, available here: https://wispykiki.com/pages/account-terms)
• newsletter subscription (the rules for using this service are set out in a separate document, available here: https://wispykiki.com/pages/newsletter-terms)
• a service allowing you to post your own content on the Website (the rules for using this service are set out below, in the annex to these Terms).

BASIC SERVICES

Use of the Basic Services on the Website is free of charge, entirely voluntary and at your discretion. To use a Basic Service, use the relevant features of the Website.

We start providing a Basic Service when you start using that Service.

You may stop using a Basic Service at any time, free of charge, by ceasing to use that Service.

Please submit any complaints concerning the Website and the Services through the Contact Point whose details are given at the beginning of the Terms.

We handle complaints within 14 days of receiving them.

Detailed complaint procedures for the Extended Services are set out separately in the rules for the given Service.

The rules for processing personal data and using cookies are set out in the privacy policy available at: https://wispykiki.com/policies/privacy-policy

Each time you use a Service governed by this document, a separate agreement is concluded, and its current content - in the form of these Terms - is available on the Website.

You are prohibited from providing unlawful content as part of the Services.

The agreement is concluded in Polish, for the time and purpose of providing the Service. The agreement is governed by Polish law, subject to the following sentence.

The choice of Polish law for an agreement concluded with a Consumer under the Terms does not exclude or limit your consumer rights under the mandatory provisions of law that would apply to you in the absence of a choice of law. In particular, this means that if the national provisions applicable to you provide broader consumer protection than these Terms or Polish law, that broader protection applies.

In the event of a dispute relating to the agreement, if you are not a Privileged Service Recipient, the court competent for our registered office will have jurisdiction.

Any liability on our part in connection with an agreement concluded under the Terms towards you - if you are not a Privileged Service Recipient - is excluded to the extent permitted by law.

CONTENT POSTED BY USERS

We allow you to post content through our Website to be displayed on the Website.

We provide the service when you use it. You may stop posting content at any time by ceasing to use this feature.

This content includes:

• product reviews (including reviews of services),
• reviews,
• photos.

Anyone can add a product review on our Website. Therefore, we do not ensure that published reviews come from consumers who have used or purchased the product. Some reviews may be labelled as a “verified purchase” - this label is generated automatically based on matching order data and does not constitute an additional guarantee on our part.

Remember that when using our Website you may not post illegal content (in particular content such as incitement to hatred, terrorist content and unlawful discriminatory content), or content that becomes illegal under applicable law because it relates to illegal activities. Examples of illegal content include:

• sharing images depicting child sexual abuse,
• unlawful non-consensual sharing of private images,
• cyberstalking,
• unauthorised use of copyright-protected material,
• illegal offering of accommodation services,
• illegal sale of live animals.

You should also not post content that violates the principles of social coexistence or does not comply with the terms of use of our Services, including the provisions, rules, conditions and terms relating to our Website - to the extent that they concern the posting of content by you on the Website.

In particular, when using our website it is prohibited to post content that may constitute:

• Humiliating, offensive or degrading material: any content that may be considered offensive or degrading, or that may damage anyone's reputation.
• Erotic content: pornographic material or other content of an explicitly sexual nature.
• False information and disinformation: spreading false information or content misleading users, in particular as regards the state of medical or scientific knowledge.
• Propaganda and totalitarian ideologies: material promoting ideologies or activities considered illegal in Poland or undermining the values of a democratic state governed by the rule of law.
• Spam and unsolicited advertising: sending or publishing unsolicited advertising or marketing material.
• Infringement of intellectual property rights: publishing content without the appropriate rights or licences, infringing copyright or industrial property rights.
• Impersonating other users: pretending to be someone else or publishing content on behalf of another person without their consent.
• Content unrelated to the Website: publishing material that is not related to the subject matter or purpose of the Website.
• Content generally considered indecent: including profanity.

If you would like to report illegal content to us, please contact us through the Contact Point whose details are given at the beginning of the Terms.

Please include in your report:

• A sufficiently substantiated explanation of the reasons why you allege that the information in question is illegal content.
• A clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content, appropriate to the type of content and the specific type of hosting service.
• Your name and email address - except for reports concerning information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU (i.e. sexual offences against children and child pornography).
• A statement confirming your good faith belief that the information and allegations contained in the report are accurate and complete.

It is enough to include this information in your message. You may use the model report provided below.

We collect this information pursuant to Art. 16(2) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act), the so-called DSA.

If you send your report by email or include your electronic contact details in it, we will confirm receipt of the report.

We will also inform you of the action we have taken regarding the illegal content you reported and of the possibilities to appeal our decision.

To streamline the process of reporting illegal content, we encourage you to submit information using the model below. Using the model is NOT obligatory.

Name of the reporting person: ……………………….

Email address of the reporting person: ………………………

(The fields for the reporting person's details do not apply to reports concerning information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU, i.e. sexual offences against children and child pornography)

URL(s) where the content I am reporting is located:
………………………

Any additional information that will help identify the reported content:
………………………

A substantiated explanation of the reasons why I allege that the reported information is illegal content:

………………………

………………………

………………………

………………………

I declare that I have a good faith belief that the information and allegations in my report are accurate and complete.

Content posted by users is moderated by us in response to reports from users.

We respond to all reports concerning possible violations of the law or the principles of social coexistence, or of the provisions, rules, conditions and terms relating to our Website. We promptly take appropriate action to remove or disable access to illegal content - as soon as we become aware of it.

We may also moderate content posted by users on our own initiative. Please note that we are not obliged to search for illegal content ourselves.

Content moderation is based on the law, in particular the provisions of the Digital Services Act (DSA).

If we take action against content that is illegal or incompatible with the rules described in this document, we inform all affected recipients - insofar as we know their relevant electronic contact details - of the restrictions imposed on the content or on the user responsible for it, where applicable given the nature of the service or other provisions of agreements binding on us, in the form of:

• Restrictions on the visibility of specific information provided by us, including removing content, disabling access to content or demoting content.
• Suspension, termination or other restriction of monetary payments.
• Suspension or termination of the provision of the service in whole or in part.
• Suspension or termination of the service recipient's account.

Every action we take will be justified.

We may refrain from providing such information if the content is high-volume deceptive commercial content.

Please submit any complaints and appeals concerning content posted by Users or the service enabling it to be posted to the postal or email address given in the Terms.

We will respond to a complaint within 14 days of receiving it.

The provisions of this section apply only to Privileged Service Recipients.

If you are a Privileged Service Recipient and we conclude with you an agreement for the provision of the service of posting content on the Website (the “Agreement”), we are liable to you for the conformity of performance with the Agreement, as provided for by generally applicable law, in particular the Polish Act of 30 May 2014 on consumer rights (the “Consumer Rights Act”)

If we do not perform the Agreement properly, you may exercise the rights set out in Chapter 5b of the Consumer Rights Act.

If we have not supplied the digital service, you may call on us to supply it. If we still fail to supply the digital service without undue delay or within an additional period expressly agreed by you and us, you may withdraw from the Agreement.

You may withdraw from the Agreement without calling for the digital service to be supplied if:

• it is clear from our statement or the circumstances that we will not supply the digital service, or
• we have agreed with you, or it is clear from the circumstances of the conclusion of the Agreement, that a specific deadline for supplying the digital service was essential for you, and we did not supply it by that deadline.

If the digital service does not conform with the Agreement, you may demand that it be brought into conformity with the Agreement.

In the event of a lack of conformity of the digital service with the Agreement, you are obliged to cooperate with us, to a reasonable extent and using the least burdensome technical means available to you, in order to determine whether the lack of conformity at the relevant time results from the characteristics of your digital environment.

In addition, if the digital service does not conform with the Agreement, you may submit a statement of withdrawal from the Agreement where:

• bringing the digital service into conformity with the Agreement is impossible or would involve excessive costs within the meaning of Art. 43m(2) and (3) of the Consumer Rights Act;
• we have not brought the digital service into conformity with the Agreement within a reasonable time from being informed by you of the lack of conformity, and without undue inconvenience to you, taking into account the nature of the digital service and the purpose for which it is used;
• the lack of conformity of the digital service with the Agreement persists even though we have tried to bring the digital service into conformity with the Agreement;
• the lack of conformity of the digital service with the Agreement is so significant that it justifies withdrawal from the Agreement without first using the remedy set out in Art. 43m of the Consumer Rights Act (i.e. demanding that the digital service be brought into conformity with the Agreement);
• it is clear from our statement or the circumstances that we will not bring the digital service into conformity with the Agreement within a reasonable time or without undue inconvenience to you.

Out-of-court complaint and redress procedures

If you are a Consumer, we inform you of the possibility of using out-of-court complaint and redress procedures. The rules for accessing these procedures are available at the offices or on the websites of the bodies authorised to resolve disputes out of court.

As a Consumer, you may, among other things, seek help from the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes concerning cross-border purchases. Help from the European Consumer Centres is generally free of charge. The list of Consumer Centres for each country is available at: https://konsument.gov.pl/eck-w-europie/

In addition, in the Republic of Poland the following forms of support are available:

• mediation conducted by the competent Provincial Trade Inspectorate (Wojewódzki Inspektorat Inspekcji Handlowej), to which a request for mediation should be submitted. The procedure is generally free of charge. The list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
• assistance of the competent permanent consumer arbitration court operating at the Provincial Trade Inspectorate, to which a request for the case to be heard by the arbitration court should be submitted. The procedure is generally free of charge. The list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa

The above provision is for information purposes only and does not oblige us to use out-of-court dispute resolution procedures.

Using out-of-court complaint and redress procedures is voluntary for both us and the Consumer.

As a Consumer, you may also seek free assistance from the municipal or district consumer ombudsman.

Right of withdrawal

If you are a Privileged Service Recipient, you have the right to withdraw from the Agreement concluded with us within 14 days without giving any reason.

The withdrawal period expires 14 days after the day on which the Agreement was concluded.

To exercise the right of withdrawal, you must inform us, using the details given in the Terms, of your decision to withdraw from the Agreement by an unequivocal statement (e.g. a letter sent by post or email).

You may use the model withdrawal form below, but this is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Below is a model withdrawal form, which as a Consumer or Privileged Entrepreneur you may, but do not have to, use:

MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract)

To:

Kiki Corp Klaudia Sadowska
ul. Polki 1A/10, 02-826 Warszawa, Poland
email: service@wispykiki.com

I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract for the provision of the following service(*):

………………………

Contract concluded on(*) ………………………

Name of consumer(s): ………………………

Address of consumer(s): ………………………

Signature of consumer(s) (only if this form is submitted on paper): ………………………

Date: ………………………

(*) Delete as appropriate.