Terms and conditions
Terms and conditions - Kinohi Cybersecurity online store
These Terms and Conditions contain the rules of the Kinohi store, offering Digital Content. In particular, you will find here information about the rules for placing an order, the offer, the right to withdraw from the contract and liability for non-conformity of goods with the contract.
If you wish to enter into a contract for IT services, especially cyber security, please contact the Vendor.
§1 Definitions
- Store - Kinohi Cybersecurity online store
- Seller - Kinohi IT Solutions spółka z ograniczoną odpowiedzialnością with its registered seat in Poznań (61-806), at ul. Święty Marcin 29/8 entered in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number: 0001027763, having NIP: 7831877376, with the share capital of PLN 5,000.00, e-mail address: contact@kinohiitsolutions.pl, phone number: +48 604 959 115.
- Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, placing an order within the Store and making purchases through the Store.
- Entrepreneur on the rights of the consumer - an individual engaged in a sole proprietorship concluding a contract directly related to his business, if it is clear from the content of the contract that it does not have a professional character for him.
- Entrepreneur - a natural person, a legal person or an organizational unit that is not a person, with legal capacity, performing business activities.
- Account- Customer account established on the Store's online platform, allowing access to purchased digital content.
- Sales Contract - a contract of sale of Goods concluded between the Seller and the Customer through the Store.
- Goods - digital content that is the subject of sale in the Store.
- Seller's data - contact details of the Seller, in particular for complaints and returns : Kinohi IT Solutions sp. z o.o., address: Święty Marcin Street 29/8, 61-806 Poznań, phone number: +48 604 959 115, e -mail address: contact@kinohiitsolutions.pl.
§2 Preliminary provisions
- 1. These Regulations set out the rules for the use of the Store and the rules and procedures for concluding distance sales contracts through the Store
- 2. The Terms and Conditions are available uninterruptedly on the Store's website in a way that allows you to download, reproduce and record their content by printing or saving on a media at any time.
- 3. Making purchases from the Store requires access to a computer or mobile device with Internet access, a standard operating system, access to a web browser that supports JavaScript and the necessary cookies, as well as e-mail. In addition, in order to make purchases, it is required to complete the ordering process during which it is necessary to provide the data necessary to complete the order.
- 4. If the use of digital content offered by the Seller requires additional technical conditions, these conditions are indicated in the description of these products in the Store.
- 5. If a reduction in the price of goods is announced, the Seller shall announce the lowest price of the period of 30 days prior to the price reduction, in accordance with Article 4(2) of the Law of May 9, 2014 on Price Information of Goods and Services.
- 6. The specifics of each Goods and their characteristics can be found in the descriptions of the Goods in the Store.
- 7. Sending unlawful content via forms is prohibited.
- 8. The Seller offers Goods in the form of Digital Content. In the case of a desire to conclude a contract for IT services, in particular cyber security, the Customer contacts the Seller. In the situation indicated in the previous sentence, a separate service contract is concluded between the Customer and the Seller.
§3 Making purchases in the Store
- 1. The customer can make purchases in the Store after logging into a customer account or without registering.
- 2. The gross price of the goods, including VAT, is indicated on the Store's website. The prices of goods do not include the cost of delivery, which is indicated each time in the process of placing an Order.
- 3. Information about the goods provided on the Store's websites, in particular, their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Polish Civil Code.
- 4. After selecting the Goods, in order to make a purchase, the Customer should take the next steps according to the messages displayed on the pages of the Store. If the customer has a discount code, he can enter it in the shopping cart or during the ordering process. The customer can then recalculate the cost of the cart and then proceed to payment.
- 5. In order to place an order, it is necessary for the Customer to provide data marked as mandatory in the forms. Until the moment of clicking the button ending the order, the Customer has the possibility to modify the order or the data provided.
- 6. The conclusion of the contract of sale between the Customer and the Seller takes place after the Customer places an order by clicking the "Pay now" button on the order summary page. To place an order, it is required to first add goods to the shopping cart, complete the data and express the required consents, including acceptance of the terms and conditions.
- 7. After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
- 8. Depending on what goods have been ordered, a contract for the delivery of digital content may be concluded between the Customer and the Seller.
- 9. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by making these Terms and Conditions available on the website of the Online Store and by sending an e-mail message to the Customer. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
- 10. The seller reserves the right to suspend the execution of an order in case of reasonable doubts about the veracity and reliability of the data entered by the Customer in the registration form. In such a situation, the store will immediately contact the Customer.
- 11. The Seller shall not be liable for disruptions in the operation of the Store, which may be caused by the incompatibility of the Store with the devices used by the Customer, force majeure, unauthorized acts of third parties or technical malfunctions on the part of suppliers of certain services.
- 12. By purchasing from the store, the customer accepts the Terms and Conditions.
§4 Delivery and payment
- 1. The Seller undertakes to send the Goods immediately after the Customer's payment is credited, unless otherwise stated in the description of the Goods.
- 2. Goods are delivered to the email address provided by the Customer during the ordering process. Digital content is delivered to the email address provided by the Customer during the ordering process.
- 3. Access to digital content can also be provided on a recurring basis - as described.
- 4. The Store honors the forms of payment available in the ordering process, including, in particular, payment by card and electronic payment through the PayPal operator.
- 5. The customer agrees to send the invoice in electronic form.
§5 Non-conformity of goods with the contract; complaints
- 1. The basis and scope of the Seller's liability to the Customer if the sold Goods have a defect are determined by generally applicable laws, in particular the Consumer Rights Act.
- 2. In the event that the Goods do not comply with the Contract, the Customer shall have the rights set forth in the applicable laws, in particular the Consumer Rights Act. The Seller hereby informs about the liability of the entrepreneur for the conformity of the performance with the contract, as provided by law.
- 3. The customer has the right to use the warranty, if any.
- 4. A complaint can be submitted by the Customer in writing to the address of the Seller or by e-mail to: contact@kinohiitsolutions.pl.
- 5. In order to facilitate and expedite the complaint process, the complaint should include the following elements:
- 1. information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity;
- 2. Customer's request;
- 3. Customer contact information.
- The seller informs that the indicated elements are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
- 6. The Seller shall deliver the digital content to the Customer immediately after the conclusion of the contract. The digital content shall be deemed delivered when the digital content or the means that allows access to or downloading of the digital content has been made available to the Customer or to a physical or virtual device that the Customer has independently selected for this purpose, or when the Customer, or such device, has accessed it.
- 7. Digital content is in conformity with the contract if, in particular, its description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates, as well as its suitability for the specific purpose for which it is needed by the Customer, of which the Customer notified the Seller at the latest at the conclusion of the contract and which the Seller accepted. If the digital content is inconsistent with the contract, the Customer may demand that it be brought into conformity with the contract.
- 8. The Seller may refuse to bring the digital content into conformity with the contract, if bringing the digital content into conformity with the contract is impossible or would require excessive costs for the Seller.
- 9. The Seller shall bring the digital content into conformity with the contract within a reasonable time from the moment the Seller is informed by the Customer of the lack of conformity with the contract, and without undue inconvenience to the Customer, taking into account their nature and the purpose for which they are used. The cost of bringing the digital content into conformity with the contract shall be borne by the Seller.
- 10. In the cases stipulated in the Consumer Rights Act, the customer may make a declaration to reduce the price or withdraw from the contract. In particular, this applies to the situation in which the Seller refused to bring the digital content into conformity with the contract or failed to bring it into conformity with the contract.
- 11. The vendor is not entitled to claim payment for the time during which the digital content was not in compliance with the contract, even if the customer actually used it before withdrawing from the contract.
- 12. The seller is obliged to refund to the Customer the price due as a result of exercising the right to withdraw from the contract (in connection with a complaint) or reduce the price immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the contract or reduction in price.
- 13. The customer may not withdraw from the contract if the lack of conformity of the digital content with the contract is immaterial. The lack of conformity of the goods with the contract is presumed to be material.
- 14. The seller shall be liable for the non-conformity with the contract of digital content delivered at one time or in parts, which existed at the time of delivery and became apparent within two years from that time. The lack of conformity of digital content with the contract, which became apparent before the expiration of one year from the time of delivery of the digital content, shall be presumed to have existed at the time of delivery.
- 15. The vendor shall be liable for the non-conformity of the digital content delivered on a continuous basis, which occurred or became apparent at the time it was to be delivered in accordance with the contract. The non-conformity of the digital content with the contract is presumed to have occurred at that time if it became apparent at that time.
- 16. The Seller is obliged to respond to the Customer's complaint within 14 days of receipt.
§6 Right of withdrawal
- 1. You have the right to withdraw from this contract without giving any reason within 14 days from the day you took possession of the purchased items. The term of withdrawal expires after 14 days from the day on which you took possession of the goods or on which a third party other than the carrier and indicated by you took possession of the goods. If you purchase digital content, services or digital services, you have the right to withdraw from the contract within 14 days from the date of conclusion of the contract.
- 2. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, by completing the withdrawal form attached as Appendix 1 or by a letter sent by mail or e-mail).
- 3. You may use the model withdrawal form, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient for you to send information regarding the exercise of your right of withdrawal before the expiry of the withdrawal period.
- 4. In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the items (except for the additional costs resulting from your choice of delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract.
- 5. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
- 6. We may withhold reimbursement until you receive the item or until you provide us with proof of return, whichever event occurs first
- 7. Please send back or hand over the item to us immediately, and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the thing back before the expiration of the 14-day period.
- 8. You will only have to pay the direct costs of returning the item.
- 9. You are responsible for any diminution in the value of the item resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the item.
- 10. The right of withdrawal from a contract concluded off-premises or at a distance does not apply to the Customer, among others. with regard to contracts for the supply of digital content not delivered on a tangible medium, for which the Customer is obliged to pay the price, if the entrepreneur has begun performance with the express and prior consent of the Customer, who has been informed before the start of the performance that after the performance by the entrepreneur will lose the right to withdraw from the contract, and has accepted it, and the entrepreneur has provided the Customer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act.
- 11. Due to the fact that once an order is placed and paid for, the Customer receives access to the entire digital content, the Seller hereby excludes the right to withdraw from the contract due to the exception cited above.
§7 Provision of services by electronic means
- 1. The seller takes steps to ensure the fully correct operation of the Store, to the extent of current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by customers using the seller's data.
- 2. The unpaid services provided electronically by the Seller are:
- 1. The possibility of creating an account in the Store,
- 2. The possibility of concluding a contract with the Seller electronically,
- 3. The possibility of receiving a newsletter (in the case of enabling subscription to the newsletter on the Store's website)
- 3. Creating an account is done by completing the registration form or, if such a possibility is made available, by marking the appropriate consent in the process of placing an order. Upon successful registration of an account in the Store, a free contract for the provision of electronic services is concluded for an indefinite period of time.
- 4. The customer may at any time delete the account in the customer panel or send a request for deletion to the Store's e-mail address.
- 5. The customer's account stores information on customer data and orders placed. In the event of deletion of the account, the Seller will store information about orders placed until the expiration of the statute of limitations for possible claims arising from a specific legal relationship or for the entire period of operation of the Store - unless the Customer objects to the storage of this information and the Seller has no overriding legitimate interest in storing it.
- 6. Subscribing to the newsletter can be done by submitting a completed newsletter subscription form or indicating consent in the ordering process. In the case of a successful newsletter subscription, the Seller provides an electronic service consisting in sending the Client e-mails that contain information about the Seller's products, promotions or services. The Client may unsubscribe from the newsletter at any time by clicking on the unsubscribe button included in the e-mail message or by sending the resignation to the Store's e-mail address.
- 7. If you wish to file a complaint, the customer should provide his name, mailing address, type and date of irregularity related to the operation of the store.
- 8. The Seller undertakes to consider any complaint about the operation of the Store within 14 days. The customer is asked to send the complaint to the e-mail address of the Seller.
- 9. Content contained in the newsletter is subject to copyright protection. It is forbidden to copy, fix, distribute them without the permission of the Seller.
- 10. The customer may withdraw from the contract for the provision of digital content within 14 days of its conclusion, without giving any reason, by providing the information to the Seller. Regardless of this, the user may at any time submit a statement of cancellation of the services provided.
§8 Provisions for entrepreneurs
- 1. The provisions of this paragraph apply to customers who are entrepreneurs.
- 2. The parties completely exclude liability under the warranty for defects.
- 3. The Seller may terminate the contract for the provision of electronic services for the maintenance of the Customer's account with immediate effect and without indicating reasons. This shall not result in any claims to the Seller on this account.
- 4. The Seller has the right to withdraw from the contract without giving any reason within 14 days of its conclusion, by sending the entrepreneur an appropriate statement. This does not result in any claims to the Seller on this account.
- 5. The customer is obliged to examine the shipment at the time and in the manner usual for the type of shipment, and should immediately take steps to determine the liability of the carrier. The Seller shall not be liable for loss, loss, damage to the Goods and for any delay in the carriage of the consignment arising from acceptance for carriage until delivery to the entrepreneur.
- 6. The seller has the right to limit the available payment methods and require the trader to pre-pay in full or in part.
- 7. The total liability of the Seller to the entrepreneur on account of non-performance or improper performance of the contract by the Seller, is limited to the amount of the price paid for the Goods and the cost of delivery. The Seller shall not be liable for lost profits in relation to the entrepreneur.
- 8. The competent court to resolve disputes between the Seller and the entrepreneur is the court with jurisdiction over the seat of the Seller.
- 9. The provisions of this paragraph are not intended to limit the rights of the trader on the rights of the consumer under generally applicable laws.
§9 Feedback
- 1. In the case of presenting consumer reviews, the Seller verifies reviews of goods and has implemented appropriate solutions to assess their authenticity. Once issued, the opinion is verified by a store employee. If there are doubts about the authenticity of the opinion, they are clarified on the basis of the evidence presented for the purchase of a particular commodity. If it turns out that the data contained in the opinion and obtained during the clarification, can not be linked to the order that was the subject of the opinion, the opinion is removed.
- 2. We publish all reviews (both positive and negative) and do not interfere with their content, and we do not offer additional benefits for issuing reviews or withdrawing them.
- 3. For the above reasons, we can assure you that the reviews available on the Store's website are verified and authentic and reflect the actual shopping experience
- 4. Opinions on the Store may be issued on the websites of other entities. In the case of such opinions in the assessment of the reliability and authenticity of the opinions, the rules applied by these entities shall apply. For its part, the Store makes every effort to ensure that opinions on the Store are always reliable and authentic.
§10 Data protection
- 1. The administrator of Customers' personal data collected through the Online Store is the Seller.
- 2. The rules for the processing of personal data of their recipients and the rights of the customer are contained in the Privacy Policy of the Store.
§11 Final provisions
- 1. All rights to the Store and offered goods, including intellectual property rights, property and personal copyrights belong to the Seller. Without the consent of the Seller, it is not possible, among other things, to duplicate, alter the content offered by the Seller.
- 2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as a change in the offer, a change in the law. The new Regulations shall come into force on the date of publication. Registered Users will be informed of the change in the Regulations by e-mail.
- 3. The seller reserves the right to change the prices of goods and promotions without prejudice to contracts concluded before these changes.
- 4. The seller reserves the right to change the prices of goods and promotions without prejudice to contracts concluded before these changes.
- 5. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply.
- 6. None of the provisions of the Terms and Conditions serve to limit the rights of the consumer or the entrepreneur on the rights of the consumer, guaranteed by the Law on Consumer Rights and other applicable legislation.
- 7. If a dispute arises under the concluded sales contract, the parties will seek to resolve the matter amicably.
- 8. None of the provisions of the Terms and Conditions serves to limit the consumer's rights in his or her country of residence. The contested provisions shall be replaced by provisions which are in accordance with the law of his/her country of residence.
- 9. The consumer has the opportunity to use out-of-court means of handling complaints and claims. The consumer has the opportunity, for example:
- 1. to apply to a permanent amicable consumer court to resolve the dispute,
- 2. to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,
- 3. use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- 10. The consumer can use the EU online ODR platform, available at: https://ec.europa.eu/consumers/odr/
- 11. For more detailed information, visit: https://polubowne.uokik.gov.pl/.