TERMS AND CONDITIONS
OF THE IKONKA ONLINE WHOLESALE STORE
Definitions:
Supplier - KIK Sp. z o.o. Sp. K. with its registered office in Białystok at Aleja Tysiąclecia Państwa Polskiego 8, 15-111 Białystok, with the following tax identification numbers: NIP 5423089180, REGON 200218804;
Dropshipping – a service ordered by the Ordering Party and provided by the Supplier, consisting in the direct delivery to the End Customer of goods from the Commercial Offer purchased by the Ordering Party from the Supplier;
Dropshipping SMART - a service ordered by the Ordering Party and provided by the Supplier, consisting in the direct delivery to the End Customer of goods from the Commercial Offer purchased by the Ordering Party from the Supplier on the Ordering Party's consignment note and under specific conditions;
End Customer - a person or entity with whom the Ordering Party has concluded a contract for the sale of goods purchased from the Supplier;
Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
Newsletter – a service provided electronically by the Supplier, consisting in sending commercial information to the Ordering Party;
Terms and Conditions – these Terms and Conditions for the provision of electronic services within the ikonka.eu sales platform;
Sales Platform – the website available at www.ikonka.eu, through which the Ordering Party may place Orders;
Goods – products presented on the sales platform;
Sales Agreement – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between KIK Sp. z o.o. sp. k. and the Ordering Party, concluded using the sales platform;
Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827, as amended);
Act on the provision of electronic services – Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Ordering Party – a physical person, legal person or organizational unit that is not a legal person, to which specific provisions grant legal capacity, which purchases goods from the Supplier from a commercial offer in the form of an electronic platform. a legal person or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, which purchases goods from the Supplier's commercial offer in the form of own orders, Dropshipping orders, or Dropshipping SMART orders, and has an active account on the Supplier's website at www.ikonka.eu/en;
Order – a declaration of will by the Ordering Party, aimed directly at concluding a Sales Agreement, specifying in particular the type, price, and quantity of the Goods.
1. General provisions
1.1. These Terms and Conditions set out the rules for using the Supplier's sales platform available at www.ikonka.eu/en
1.2. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Act on the provision of electronic services.
1.3. The sales platform, operating at www.ikonka.eu, is run by KIK Sp. z o.o. Sp. k., NIP: 5423089180, REGON: 200218804
1.4. These Terms and Conditions specify in particular:
a) rules for registering and using an account on the sales platform;
b) rules and conditions for placing and fulfilling Orders electronically on the sales platform, Dropshipping Orders and SMART Dropshipping Orders;
c) payment terms for fulfilled orders;
d) issues related to the delivery of goods resulting from the fulfillment of orders;
e) rules governing the acceptance of returns and the complaint process.
1.5. Use of the online store is possible provided that the ICT system used by the Ordering Party meets the following minimum technical requirements: a computer or mobile device with Internet access, access to e-mail, recommended web browser Internet Explorer version 9 or newer with Java enabled, or Mozilla Firefox version 45 or newer with Java enabled, minimum screen resolution 1366 x 768 pixels.
1.6. In order to use the sales platform, the Ordering Party should obtain access to a computer workstation or terminal device with Internet access on their own.
1.7. In accordance with applicable law, KIK Sp. z o.o. Sp. k. reserves the right to restrict the provision of services via the sales platform to persons under the age of 18. In such a case, potential Ordering Parties will be notified of this fact.
1.8. Ordering Parties may access these Terms and Conditions at any time via a link on the home page of the sales platform www.ikonka.eu, and may download and print them.
1.9 Information about the Goods provided on the sales platform, in particular their descriptions, technical and functional parameters, and prices, do not constitute an offer within the meaning of the Civil Code (Article 66 of the Civil Code) and are only an invitation to conclude a sales contract (Article 71 of the Civil Code). Despite our best efforts, we do not take full responsibility for the photos and descriptions on the sales platform.
1.10. Goods offered on the Supplier's sales platform shall be provided with information and markings in Polish as required by law, including European Union law, and shall also meet other legal requirements. The Supplier is responsible for their proper labeling.
1.11. The Supplier reserves the right to amend the provisions of the Terms and Conditions, of which it is obliged to immediately inform the Ordering Party.
1.12. Each Ordering Party will be informed of any changes to the Terms and Conditions by posting information on the sales platform at www.ikonka.eu.
1.13. Ordering Parties who use the Newsletter service will be informed of changes to the Terms and Conditions by sending information about the change to their email address.
1.14. Changes to the Terms and Conditions will come into force no earlier than 7 calendar days after the Ordering Party has been informed of the changes.
1.15. In the event of an amendment to the Terms and Conditions, all contracts concluded before the date of entry into force of the amendment shall be performed in accordance with the Terms and Conditions in force on the date of conclusion of the contract.
2. General rules for using the sales platform
2.1. In order to start using the sales platform, you must first register on it.
2.2. Registration is completed by correctly filling out and submitting a form containing current business data.
2.3. In order to register, you must read and accept the Terms and Conditions of Ikonka – Online Wholesale Store and provide the personal data marked as mandatory.
2.4. Registration is confirmed when the Ordering Party receives a confirmation email with a link to activate their account on the sales platform.
2.5. The Ordering Party has the right to change their personal data and password provided during registration or changed later at any time by changing the data in their Account or by submitting a request via email to hurt@ikonka.eu.
2.6. KIK Sp. z o.o. Sp. k. may deprive the Ordering Party of the right to use the sales platform, as well as restrict their access to part or all of the resources of the sales platform, with immediate effect:
a) without giving any reason at any time;
b) if the Ordering Party provided false, inaccurate, or outdated information during registration, or information that is misleading or infringes on the rights of third parties;
c) if the Ordering Party has violated the personal rights of third parties through the sales platform, in particular the personal rights of other Ordering Parties of the sales platform;
d) if the Ordering Party has committed other acts which will be considered by KIK Sp. z o.o. Sp. k. as acts contrary to applicable law or general principles of Internet use or damaging to the Supplier's reputation.
2.7. The Ordering Party's account is created for an indefinite period and is completely free of charge. Each Ordering Party may request the deactivation of their account on the ikonka.eu sales platform by sending an email to hurt@ikonka.eu. The condition for the effective deactivation of the Ordering Party's account is the settlement of all amounts due under VAT invoices and other settlement documents issued by the Supplier prior to the request to deactivate the Ordering Party's account. Deactivation of the Ordering Party's Account takes place after confirmation of the request by the Ordering Party to the e-mail address provided during the registration process and means termination of the agreement concluded by the Ordering Party with the Administrator for the free provision of electronic services consisting in maintaining the Ordering Party's Account.
2.8. A person who has been deprived of the right to use the sales platform may not re-register without the prior consent of KIK Sp. z o.o. Sp. k. A request for consent to re-register should be sent by email to hurt@ikonka.eu. The Supplier shall grant or refuse consent for re-registration within 14 calendar days via email.
2.9. In order to ensure the security of messages and data transmitted in connection with the services provided on the platform, the sales platform shall take technical and organizational measures appropriate to the level of security risk of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted over the Internet.
2.10. The Ordering Party is obliged in particular to:
a) not to deliver or transmit content prohibited by law, e.g., content promoting violence, defamatory content, or content that violates the personal rights and other rights of third parties;
b) to use the sales platform in a manner that does not disrupt its functioning, in particular through the use of specific software or devices;
c) not to take actions such as: sending or placing unsolicited commercial information (spam) on the sales platform;
d) to use the sales platform in a manner that is not burdensome for other Ordering Parties and for KIK Sp. z o.o. Sp. k.;
e) use the sales platform in a manner consistent with the laws in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general rules of using the Internet;
f) not provide third parties with access to the sales platform in the form of login details, which constitutes a gross violation of the Terms and Conditions.
3. Sharing of Content Within the Sales Platform
3.1. The Ordering Party is obliged to use all content made available within the sales platform solely for its own use, for the purpose of offering and selling to the End Customer the goods to which the used materials relate. The Supplier is not liable for any other use of the content posted on the platform.
3.2. The Supplier grants a free, non-exclusive, non-transferable consent for the Ordering Party to use materials and information available through an integration via XML or JSON file solely for the purposes of promoting and selling, by the Ordering Party, the goods from the Supplier’s commercial offer. Use of the materials and information referred to in the preceding sentence for other purposes or by other persons is prohibited.
3.3. The Supplier reserves the right to introduce a fee for the Ordering Party’s use of the materials and information referred to in clause 3.2. The Ordering Party will be promptly informed by the Supplier of any obligation to pay such a fee.
The Supplier reserves the right to disable access to the XML or JSON file if the Ordering Party engages in acts of unfair competition.
3.4. When using the materials and information in accordance with clause 3.2, the Ordering Party is obliged to update the XML or JSON files on an ongoing basis, no less frequently than once per calendar day.
3.5. In the event of a breach of the obligation in clause 3.4, the Ordering Party shall be liable for damage caused by the lack of ongoing file updates. In the event of a breach of the obligation in clause 3.4, the Supplier is additionally authorized to impose a contractual penalty on the Ordering Party in the amount of PLN 100 for each calendar day during which the files were not updated. The contractual penalty shall be payable within 14 days from the date the Ordering Party is called upon to pay, to the bank account indicated in the notice. In the event a contractual penalty is imposed, the Supplier shall be entitled to claim damages exceeding the amount of the contractual penalty.
4. Order Placement Procedure
4.1. To conclude a sales agreement via the sales platform, the user must log in at www.ikonka.eu, select products available on the sales platform, and then place an electronic order by performing subsequent technical steps based on the messages displayed to the Ordering Party and the information available on the site.
4.2. The Ordering Party selects the Goods to be ordered by adding them to the cart.
4.3. During order placement—up until clicking the “Buy” button—the Ordering Party may modify the data entered and change the selected Goods. To do so, the Ordering Party should follow the on-screen messages and information available on the site.
4.4. After the Ordering Party adds selected Goods via the sales platform, the “cart” tab will display information regarding the Order, including:
a) the subject of the order;
b) unit and total price of the ordered products or services;
c) the type of order (own order or dropshipping order);
d) delivery method;
e) payment method;
g) the estimated order fulfillment time.
4.5. After proceeding to the next stage of order placement via the “continue” tab, the Ordering Party must provide information whose content depends on the type of order being placed.
4.6. Only one delivery address may be indicated within a single order.
4.7. Placing an order by the Ordering Party constitutes a declaration of intent to conclude a sales agreement with the Supplier.
4.8. After placing the Order, the Ordering Party receives an e-mail titled “Order receipt confirmation …” containing final confirmation of all essential elements of the Order, including the quantity of goods ordered, order value, selected delivery and payment method, and the Ordering Party’s contact details.
4.9. The agreement is deemed concluded at the moment the order is accepted for fulfillment, as confirmed by the status visible in the customer panel on the sales platform: “In fulfillment stage 2 of 4”.
4.10. The sales agreement is concluded in Polish and its content complies with these Terms and Conditions.
4.11. The Supplier has the right to organize occasional contests and promotions, the rules of which will be provided on the sales platform each time.
5. Order Fulfillment
5.1. Placing an order is equivalent to accepting the order for verification prior to transferring it to fulfillment.
5.2. Order fulfillment ends with the status “fulfilled,” which means the picking and packing process has been successfully completed. Such an order awaits pickup by the carrier.
5.3. If order fulfillment is impossible due to lack of the ordered Goods, the Supplier reserves the right to edit the order, of which the Ordering Party will be informed electronically at the e-mail address provided.
If a Good is ordered despite a visible notice on the platform that it is unavailable, the Supplier reserves the right not to fulfill the order without informing the Ordering Party of its unavailability, considering the information on the sales platform sufficient. Orders placed for products marked as unavailable on the sales platform are not binding as to price and availability.
5.4. The estimated fulfillment time including delivery is indicated on the product page. Delivery will be made within the time specified on the product page provided all Goods are available at the time of order placement and the Ordering Party has no outstanding payments to the Supplier and its trade credit allows for order fulfillment.
5.5. If there are outstanding payments, shipment of the Goods will be carried out within the timeframe specified in clause 5.4, counted from the day following settlement of the arrears. The order may be canceled by the Supplier if the Ordering Party does not settle the arrears within 3 days from the time of placing the order; the Ordering Party will be informed electronically at the e-mail address provided.
5.6. A Dropshipping or Dropshipping SMART order cannot be canceled or modified after it is placed, which is confirmed by the first status “New – awaiting verification.” Progress stages are available in the customer panel after logging in.
In the classic (own) shipping model, the order cannot be canceled or modified after the Goods have been packed, which is indicated by the status “In fulfillment stage 4 of 4 – handed over for packing.” Progress stages are available in the customer panel after logging in.
5.7. The Supplier will make every effort to ensure that orders placed by 12:00 (noon) on a business day are transferred that same day to the fulfillment process, which is divided into stages and ends with releasing the order for shipment by the carrier. The fulfillment process is not equivalent to the shipment process. Other orders placed after 12:00 on a business day may be accepted for fulfillment the same day or the next business day. In both cases, fulfillment is possible provided all Goods are available at the time of order placement and the Ordering Party has no outstanding payments to the Supplier.
5.8. In the event of a significant extension of the fulfillment process, the Supplier will inform the Ordering Party by posting a general notice on the main page of the sales platform.
5.9. If “self-collection” is selected as the delivery method, the Supplier will start fulfillment once a correctly generated A6 label is provided. If the label is not provided or is provided in an incorrect format by the Ordering Party, fulfillment will be suspended until it is received.
6. Shipment and Delivery of Goods Performed by the Supplier’s Carrier
6.1. The time of delivery of the Goods to the Ordering Party or the End Customer—for own orders and Dropshipping orders carried out by the Supplier’s Carrier—shall be understood as the moment the order is delivered by the Carrier to the address indicated on the order or the handover of the Goods directly to the Ordering Party.
6.2. Goods are handed over for shipment immediately after completion of the fulfillment process.
6.3. For the Ordering Party’s own orders, handing over the Goods for shipment requires the Supplier to have booked the payment made by the Ordering Party, unless the order specifies “cash on delivery” or individual terms agreed with the Account Manager provide otherwise. For Dropshipping and Dropshipping Smart orders, handing over the Goods for shipment requires the Supplier to have booked the Ordering Party’s payment, or as otherwise provided in terms agreed with the Account Manager.
6.4. For the Ordering Party’s own orders, delivery of Goods is not limited to the territory of the Republic of Poland and is made to the address indicated by the Ordering Party during order placement. The list of countries to which shipment is possible is visible when placing an order on the sales platform.
6.5. For Dropshipping and Dropshipping SMART orders, delivery of Goods to the End Customer is carried out exclusively within the territory of the Republic of Poland. International shipment is only possible using the Ordering Party’s label, which must be attached at the time of order placement.
6.6. Delivery will be made within the period specified on the product page provided all Goods are available at the time the order is accepted for fulfillment and the Ordering Party has no outstanding payments to the Supplier.
6.7. If there are outstanding payments, shipment of the Goods will be carried out within the period indicated in clause 5.4, counted from the day following settlement of the arrears.
6.8. An Ordering Party using Intra-Community Supply of Goods, who transports Goods from the territory of the Republic of Poland to the territory of another EU Member State and has an active identification number for intra-Community transactions, is obliged to provide the transport document received from the carrier or a completed proof of export (POD – Proof of Delivery) immediately after export to the Account Manager’s e-mail address. Failure to deliver the required document entitles the Supplier to suspend fulfillment of subsequent orders.
6.9. Terms of shipment of Goods performed by a Carrier selected by the Supplier:
a) Delivery of Goods is via carriers with whom the Supplier has a cooperation agreement (the “Carrier”). The Ordering Party accepts delivery costs in line with the rate specified by the Supplier on the sales platform www.ikonka.eu at the time of order placement;
b) The Supplier is not responsible for any extension of delivery time by the Carrier to the Ordering Party or End Customer;
c) The Supplier is responsible for damage, destruction or loss of Goods until delivery of the Goods to the Ordering Party or End Customer;
d) The Supplier reserves title to the Goods until they are delivered to the Ordering Party or End Customer;
e) For own orders, the Goods are deemed handed over to the Ordering Party upon delivery to the Ordering Party;
f) For Dropshipping orders, the Goods are deemed handed over to the Ordering Party upon delivery to the End Customer;
g) Upon receipt of the Goods, the Ordering Party or End Customer should check the condition of the shipment. If destruction or tampering with the packaging is found, a damage report should be drawn up in the presence of the delivering person and, together with any complaint, promptly sent to the Ordering Party in the case of a Dropshipping order, or to the Supplier in the case of an own order;
h) If the shipment is not collected or is refused by the Ordering Party or the End Customer, it will be returned to the Supplier’s seat at the Ordering Party’s cost. The Supplier will issue and deliver to the Ordering Party a corrective VAT invoice for an amount corresponding to the transport costs to the Ordering Party or End Customer, payable within 14 days from the date of issuance. The transport cost is visible on the sales platform during order placement.
7. Shipment of Goods Performed by a Carrier Indicated by the Ordering Party
7.1. The time of delivery of the Goods to the Ordering Party or End Customer—for own orders and Dropshipping orders performed by a Carrier indicated by the Ordering Party—shall be understood as the moment the order is handed over to the Carrier.
7.2. If collection by the Ordering Party’s own courier is selected, and for Dropshipping SMART orders, shipment is performed by a Carrier indicated by the Ordering Party.
7.3. The Ordering Party bears all costs of transport of the Goods, including preparation for shipment, in accordance with the rate specified by the Supplier on the sales platform www.ikonka.eu/en at the time of order placement.
7.4. When placing the order, the Ordering Party is obliged to order pickup of the shipment from the Supplier’s seat by the Carrier and provide the Carrier’s label.
a) For own orders, the Ordering Party must provide the label to the account manager after agreeing the number of parcels to be shipped;
b) For Dropshipping and Dropshipping SMART orders, the label of any carrier must be attached at the time of order placement via the sales platform, together with the consignment note number entered in the appropriate field;
c) The Carrier’s label must be generated in A6 format as a PDF file. Attaching a label in a format other than required may result in failure to deliver the shipment to the addressee or cancellation of the order and the need to place a new order.
d) The Ordering Party is responsible for the correctness of the attached label. The Supplier is not liable for incorrectly attached labels or incorrect consignment note numbers provided by the Ordering Party and any resulting delivery delays, misdelivery, or inability of the courier to deliver the parcel.
7.5. The Ordering Party is responsible for correctly completing the label. The Supplier is not liable for any information contained on the label, including the shipping address, details of the Ordering Party or End Customer, and the COD amount, if applicable.
7.6. The risk of loss or damage to the Goods passes to the Ordering Party from the moment the shipment is handed over to the Carrier until delivery to the Ordering Party or End Customer.
7.7. The Supplier reserves title to the Goods until the Goods are handed over to the Carrier chosen by the Ordering Party. The appearance of information on the Carrier’s website that the parcel has been handed over for transport is equivalent to handing over the Goods to the Carrier.
7.8. Upon handing over the Goods to the Carrier, the Goods are deemed to have been delivered to the Ordering Party.
7.9. Upon receipt of the Goods, the Ordering Party or End Customer should check the condition of the shipment. If destruction or tampering with the packaging is found, a damage report should be drawn up in the presence of the delivering person and promptly sent to the Ordering Party.
7.10. In Dropshipping and Dropshipping SMART orders, if the End Customer fails to collect the shipment or refuses delivery, it will be sent to the Supplier’s seat at the Ordering Party’s cost. The Supplier will issue and deliver to the Ordering Party a corrective VAT invoice in the amount corresponding to the cost of the Goods, payable within 14 days from the date of issuance.
7.11. If obstacles to delivering the parcel arise that are not attributable to the Carrier but to the End Customer, the Supplier is entitled to charge the End Customer a storage fee at the Carrier’s seat of PLN 4 net for each parcel, calculated daily. The fee is charged until the parcel is delivered by the Carrier or collected by the End Customer, for each calendar day starting from the date the obstacle occurred. The End Customer is charged this fee on the basis of a VAT invoice issued by the Supplier once a month. Payment shall be made within the time and to the bank account number indicated on the VAT invoice.
8. Handover of Goods to the Ordering Party – Personal Collection
8.1. Personal collection, as a delivery method selected by the Ordering Party, is only available for own orders and involves no additional costs.
8.2. The order status “fulfilled,” visible after logging into the Customer Panel on the sales platform, is equivalent to information that the Goods are ready for collection by the Ordering Party.
8.3. Personal collection is available Monday to Friday, 8:00–16:00. The Ordering Party is obliged to collect the order prepared for pickup within 3 business days, unless individual terms agreed with the Account Manager provide otherwise.
8.4. The place of collection is the Supplier’s seat.
8.5. After collecting the Goods, the Ordering Party is obliged to check the conformity of the received products with the invoice issued for the order. Any discrepancies should be reported to the Account Manager immediately after verification.
9. Prices and Payments
9.1. Goods prices are given net of VAT, in either Polish zloty or euro depending on currency selection. The price does not include the cost of shipping the Goods to the Ordering Party.
9.2. The Ordering Party may pay for the ordered Goods by:
a) bank transfer to the account number indicated in the order confirmation e-mail or on the sales invoice;
b) cash on delivery, paid directly to the courier;
c) online quick payment (fee in accordance with the information on the sales platform).
9.3. After selecting online quick payment, the Ordering Party will be redirected to a payment form; payment may require prior acceptance of the payment operator’s terms and conditions.
9.4. The Ordering Party declares that it conducts active business activity and is authorized to receive VAT invoices, and authorizes the Supplier to issue VAT invoices without the Ordering Party’s signature.
9.5. A VAT invoice is issued to the Ordering Party for the sold Goods.
9.6. Payment for the Goods includes, in each case, the sales price at which the Ordering Party purchased Goods marked as available on the sales platform at the time of order placement, as well as the cost of transport and preparation for shipment referred to in clauses 6.9(a) and 7.3. For orders with the Ordering Party’s own courier pickup, payment includes the sales price of the Goods available at order placement and the cost of preparing the Goods for shipment, including packing, according to the price list visible on the sales platform at the time of ordering.
9.7. The total order value displayed at the time of placing the order may change after picking the Goods for shipment. If the volume or weight of the Goods exceeds the estimated value, it will be recalculated according to the actual state. The final shipping cost will be visible after completion of order fulfillment.
9.8. The Supplier reserves the right to change Goods prices and to cancel or modify promotions on the sales platform in accordance with the Civil Code and other statutes, provided such changes do not infringe the rights of persons who concluded sales contracts before the change or the rights of persons entitled to use a given promotion according to its rules during its term.
9.9. Transport and packing costs may change due to changes in the Supplier’s agreement with the Carrier or due to economic changes.
9.10. Cash-on-delivery payment rules:
a) For the Ordering Party’s own orders with COD, the Ordering Party authorizes the Supplier and the Carrier to accept payments for the sale of Goods covered by the Order;
b) For Dropshipping orders, the Ordering Party authorizes the Supplier and the Carrier to accept from the End Customer, on behalf of and for the benefit of the Ordering Party, payments arising from the sale by the Ordering Party to the End Customer of Goods covered by the order. After receiving the COD amount from the Carrier, the Supplier shall, within 14 days from the date the COD is booked, remit it to the Ordering Party’s bank account. The Ordering Party is obliged to pay the Supplier amounts due for Goods delivered as COD within the time and in the form specified on the VAT invoice. In case of non-payment on time, the Supplier is entitled to satisfy its claims from COD amounts collected on behalf of the Ordering Party for sales to End Customers;
c) If the bank account number referred to in clause 9.10(b) changes, the Ordering Party shall promptly inform its Account Manager;
d) For Dropshipping SMART orders, the COD amount from the End Customer is the property of the Ordering Party and the Supplier has no rights thereto.
9.11. The Supplier may, without setting an additional deadline, withdraw from the sales agreement if:
a) the Ordering Party fails to collect Goods delivered as COD (own orders),
b) the End Customer fails to collect Goods delivered as COD (dropshipping orders).
9.12. In the event of the Supplier’s withdrawal from the agreement on the terms specified above, the Supplier may seek compensation from the Ordering Party for damage resulting from non-performance, including reimbursement of all transport costs of the Goods, including the costs of dispatching the COD shipment and its return to the Supplier.
9.13. The contractual right of withdrawal may be exercised by the Supplier within 2 months from the day the COD shipment was not collected by the Ordering Party or the End Customer.
9.14. The contractual right of withdrawal does not exclude or limit the Supplier’s right to withdraw from the sales agreement under generally applicable law.
10. Ordering Party’s Right to Withdraw from the Sales Agreement
10.1. Under these Terms, the Supplier allows the Ordering Party to return Goods purchased via the sales platform on strictly defined conditions within 14 days from delivery of the Goods to the End Customer. This option applies only to Dropshipping and Dropshipping Smart orders.
For the Ordering Party’s own orders, the Supplier does not allow returns of Goods purchased via the sales platform.
10.2. A return must be reported within the time specified in clause 10.1 via the customer panel under the “Complaints” tab by selecting “return” as the type of submission. This generates a complaint number (RMA). Returns will be processed only for Goods with an assigned RMA once all necessary transaction information is provided and the RMA number is received.
10.3. Products delivered to the Supplier’s seat that are not reported within 7 days of receipt by the Supplier—and thus did not receive an RMA—will be returned at the Ordering Party’s cost without initiating the return complaint procedure. This cost will be documented by an invoice payable by the Ordering Party. The invoice will be delivered electronically, included in statistics and transaction history, and will be subject to collection in case of non-payment.
10.3. Returned Goods must be in full value, unused, and in their original packaging. The return shipment must be properly secured to prevent damage during transport.
10.4. Returns do not cover:
a) goods (services) outside the Supplier’s standard offer, prepared on special order and tailored to the Ordering Party’s individual needs (e.g., film cut to length, contracted goods);
b) accumulators and batteries.
10.5. The purchased Goods should be returned to the following address with the assigned RMA number:
KIK Sp. z o.o. Sp. k.
Hurtownia Ikonka
Aleja 1000-lecia Państwa Polskiego 8,
15-111 Białystok
(POLAND)
10.6. After receiving the return shipment, final acceptance of the return depends on the condition in which it is delivered to the Supplier’s seat. Upon positive acceptance, a corrective sales invoice is issued solely for the returned Goods and sent to the Ordering Party’s e-mail address. Delivery costs paid by the Ordering Party are non-refundable.
10.7. After the Supplier receives the Ordering Party’s confirmation of receipt of the corrective invoice, the refund will be made promptly within 7 business days by transfer to the Ordering Party’s bank account number or left as a balance credit to be offset against future orders.
10.8. The cost of delivering returned Goods to the Supplier’s seat is borne by the Ordering Party.
10.9. The Supplier does not charge a fee for returns but reserves the right to introduce one.
11. Complaints and Warranties for Goods
11.1. The Supplier ensures delivery of Goods free from physical and legal defects.
11.2. The Supplier is liable to the Ordering Party if the Goods have a physical or legal defect (warranty for defects) for 2 years from the date of concluding the agreement, subject to the exclusions in clause 11.11.
11.3. The Supplier is released from liability under the warranty if the Ordering Party knew of the defect at the time of concluding the agreement.
11.4. The Ordering Party is obliged to report a defect immediately after it occurs.
11.5. Initiating the complaint process requires submitting a complaint via the Supplier’s sales platform www.ikonka.eu in accordance with the complaint submission instructions available there. This generates an RMA number. Complaints will be considered only for Goods with an assigned RMA.
11.6. Products delivered to the Supplier’s seat that are not reported within 7 days of receipt by the Supplier—and thus did not receive an RMA—will be returned at the Ordering Party’s cost without initiating the complaint procedure. This cost will be documented by an invoice payable by the Ordering Party. The invoice will be delivered electronically, included in statistics and transaction history, and subject to collection in case of non-payment.
11.7. The Supplier will consider the complaint promptly, no later than within 14 days, and if this is not possible, the Supplier will inform the Ordering Party when the complaint will be considered. Failure to consider the complaint within 14 days and informing about a later date does not mean the complaint is accepted. The final decision on how to resolve the complaint rests with the Supplier based on legal premises and the circumstances.
11.8. If the complaint process requires returning the defective product for a final decision, the Ordering Party is obliged, at its own cost, to deliver the defective item to the Supplier’s address together with the RMA generated during complaint submission via www.ikonka.eu.
11.9. For complaints requiring expert examination of the Goods, the Supplier will respond within 14 calendar days from the moment the parcel is delivered to the company’s seat. For complaints handled remotely, the period is counted from the moment the complaint is filed on the sales platform by the Ordering Party.
11.10. If the Goods are defective, the Supplier may:
a) replace the Goods with new ones;
b) repair the Goods;
c) reduce the price;
d) withdraw from the agreement.
11.11. The Supplier excludes the possibility of submitting a complaint under the warranty after 6 months from the conclusion of the sales agreement for the following products:
a) self-adhesive decorative films;
b) accumulators;
c) batteries.
11.12. All detailed rules governing the complaint process and the Ordering Party’s rights and obligations are specified in the “Complaints” panel.
11.13. The cost of delivering Goods returned under complaint to the Supplier’s seat is borne by the Ordering Party.
11.14. The cost of delivering the Goods or its components after a complaint is accepted as justified shall be borne by the Supplier within the country, subject to the Supplier’s right to choose the transport method, including shipment of the Goods together with the Ordering Party’s next order at the Ordering Party’s cost.
11.15. Delivery of Goods under complaint or warranty outside the Supplier’s country is carried out only to the Ordering Party’s permanent delivery address; shipment to a final consumer address other than the Ordering Party’s permanent address is not possible.
11.16. RMAs delivered in person are not subject to shipment; after consideration they may be collected on site at the Supplier’s seat.
11.17. Rights under warranty, and—regarding sales to entities that are not consumers—also rights under the statutory warranty, do not apply if:
a) warranty seals or other security measures on the Goods have been tampered with (removed or damaged), if present;
b) unskilled interference with the device was carried out by unauthorized persons;
c) unskilled prior repair of the Goods occurred.
12. Complaints Regarding Electronic Services
12.1. KIK Sp. z o.o. Sp. k. undertakes actions to ensure the proper functioning of the sales platform in line with current technical knowledge and will remove any irregularities reported by Ordering Parties within a reasonable time.
12.2. The Ordering Party shall immediately notify KIK Sp. z o.o. Sp. k. of any irregularities or interruptions in the operation of the sales platform www.ikonka.eu.
12.3. Irregularities related to the operation of the sales platform may be reported to: hurt@ikonka.eu.
12.4. In the complaint, the Ordering Party should provide their name, mailing address, the type, and the date of the irregularity related to the platform’s operation.
12.5. KIK Sp. z o.o. Sp. k. undertakes to consider each complaint within 14 calendar days from submission, and if this is not possible, to inform the Ordering Party within this period of the expected time for its consideration.
12.6. The provisions of these Terms do not apply, to the extent excluded by the Civil Code, in particular regarding warranty and guarantee, to Ordering Parties who are natural persons to whom consumer provisions apply and who concluded a sales agreement with the Supplier directly related to their business activity, when the content of the agreement indicates that it does not have a professional nature for the Ordering Party, in particular as resulting from the subject of their business activity made available under CEIDG regulations.
13. Processing and Protection of Ordering Parties’ Personal Data
13.1. The controller of your personal data is KIK Sp. z o.o. Sp. k., Aleja 1000-lecia Państwa Polskiego 8, 15-111 Białystok.
13.2. The personal data provided will be processed:
a) to create and manage the Ordering Party’s account—under Article 6(1)(b) GDPR—for as long as the account is maintained. Providing data is voluntary, but failure to do so will prevent account creation and order placement. The data recipient will be the hosting provider;
b) to conclude, service, and perform mail-order sales agreements—under Article 6(1)(b) GDPR—for 5 years counting from the end of the year in which the sales agreement was concluded. Providing data is voluntary, but failure to do so will prevent order fulfillment. Data recipients will be the hosting provider, shipping companies effecting delivery, and the online payment operator where applicable;
c) to promote own products—under Article 6(1)(f) GDPR—until an objection to receiving commercial information is raised or until the business purpose ceases. Providing data for commercial information is voluntary. Potential recipients are the hosting provider, the marketing services provider to the data controller, and the provider of software used to send commercial information;
d) to collect information related to the user’s use of the sales platform (cookies)—under Article 6(1)(f) GDPR—specifically to: maintain the user session (after logging in) so the user does not have to re-enter their login and password on each subpage;
e) to tailor and optimize the sales platform to Ordering Parties’ needs, create page-view statistics, and ensure security and reliability—the recipients will be the sales platform software provider and the site hosting provider, and Google Inc., USA. Data in this scope will be processed until the business reason ceases. More information: www.ikonka.eu/polityka-plikow-cookies.html.
13.3. Data subjects have the right to request access, rectification, and data portability, and—where processing is based on consent—the right to erasure or restriction, the right to object to processing, and the right to withdraw consent at any time. To exercise these rights, send an e-mail to: hurt@ikonka.eu.
13.4. You have the right to lodge a complaint with a supervisory authority.
13.5. Your data may be subject to profiling to present a tailored commercial offer.
13.6. Providing data is voluntary but necessary to transact within the sales platform. Failure to provide personal data prevents creation of an account and transactions on the platform; this does not apply to processing for commercial and marketing purposes, which is performed only with voluntary consent, independent of platform transactions.
14. Processing and Protection of End Customers’ Personal Data
14.1. Processing of End Customers’ personal data will comply with the Personal Data Protection Act of 29 August 1997 (Journal of Laws 2002, No. 101, item 926, as amended).
14.2. End Customers’ personal data is collected and processed by the Supplier solely for purposes related to fulfilling Dropshipping and Dropshipping Smart orders for the Ordering Party.
14.3. The Ordering Party must ensure that, for End Customer data, it has obtained prior consent for its provision to the Supplier and processing for the purpose of fulfilling Dropshipping and Dropshipping Smart orders.
14.4. The Ordering Party will be the controller of End Customers’ personal data provided to the Supplier.
14.5. The Supplier will not transfer End Customer personal data except data necessary for the Carrier to perform the agreement. Data transfer does not equate to transferring rights to process the data beyond what is necessary to fulfill the order.
14.6. The End Customer has the right to access their data and to rectify or request deletion. A deletion request results in immediate termination of any dropshipping agreement for deliveries to that End Customer’s address.
14.7. In connection with dropshipping, the Supplier will collect and process personal data only to the extent necessary to provide services to the Ordering Party under civil-law contracts; therefore, pursuant to Article 43(1)(4) of the Personal Data Protection Act, the Supplier is exempt from registering the data set with the Inspector General for Personal Data Protection.
15. Debt Collection
15.1. The Ordering Party undertakes to settle amounts due under the agreement between the Supplier and the Ordering Party based on the VAT invoice issued.
15.2. In case of discrepancies arising from clause 15.1, the Ordering Party shall report them as soon as possible and the Supplier shall correct them.
15.3. If the Ordering Party fails to pay a VAT invoice on time, the Supplier will undertake collection activities to recover the debt.
15.4. In addition to the principal amount due under the VAT invoice, the Supplier may charge interest referred to in Article 7(1) or Article 8(1) of the Act of 8 March 2013 on Preventing Excessive Delays in Commercial Transactions and may demand reimbursement by the Ordering Party of:
a) EUR 40—when the monetary claim does not exceed PLN 5,000;
b) EUR 70—when the monetary claim exceeds PLN 5,000 but is less than PLN 50,000;
c) EUR 100—when the monetary claim is equal to or greater than PLN 50,000.
Moreover, if multiple invoices are overdue, the debtor may be charged multiples of these amounts. This right follows from Article 10(1) of the Act of 8 March 2013 on Preventing Excessive Delays in Commercial Transactions.
15.5. The equivalent amounts of the compensation referred to in clause 15.4 are determined using the average euro exchange rate announced by the National Bank of Poland on the last business day of the month preceding the month in which the monetary claim became due.
15.6. At any stage of the collection process, the Supplier has the right to refer the matter to court proceedings to pursue payment of amounts due under the agreement.
16. Newsletter
16.1. Any Ordering Party who, at registration, consented to the processing of their e-mail address to receive information from KIK Sp. z o.o. Sp. k. may use the newsletter service.
16.2. The Newsletter service consists of the Supplier sending information necessary for proper cooperation and about products and services on offer. It is sent electronically to the e-mail address provided at registration. The Newsletter is sent by the Supplier to all Ordering Parties who subscribed.
16.3. The Ordering Party may unsubscribe at any time by sending a request to withdraw consent for commercial offers to hurt@ikonka.eu, by clicking the unsubscribe link in the Newsletter, or via the Newsletter tab on the sales platform.
17. Final Provisions
17.1. Failure to accept these Terms prevents the purchase of Goods offered by the Supplier. Ordering Parties with an account on the Supplier’s sales platform will be informed of changes to the Terms in accordance with clauses 1.12 and 1.13. An Ordering Party who does not accept the changes to the Terms is entitled to deactivate the account at any time.
17.2. Polish law applies to sales agreements on the Supplier’s sales platform. The agreement is concluded in Polish.
17.3. In matters not regulated herein, the provisions of the Civil Code or other legal acts applicable to the operation and functioning of the sales platform shall apply.
17.4. The court competent to resolve disputes is the court having jurisdiction over the Supplier’s seat.
17.5. The Supplier reserves the right to amend the Terms at any time. Amendments apply to orders placed after the amendment, subject to clause 17.1 above.
17.6. All trademarks and company names posted in the store belong to their legal owners and are placed for informational purposes.