Terms of service
This is a translation for your convenience. The legally binding version is the Polish one.
TABLE OF CONTENTS:
- General provisions
- Electronic Services in the Online Store
- Terms of concluding a Sales Agreement
- Methods and deadlines of payment for the Product
- Cost, methods and time of delivery of the Product
- Product complaints (non-conformity of the Product with the contract)
- Out-of-court complaint handling and redress procedures
- Right of withdrawal
- Provisions concerning business customers
- Final provisions
1. GENERAL PROVISIONS
1.1. The Online Store available at www.kickomi.com is run by Katarzyna Lizurej, conducting business under the name Katarzyna Lizurej, entered in the Central Register and Information on Economic Activity (CEIDG), with the business address and address for service: ul. Stanisławowska 47, 54-611 Wrocław, NIP (tax ID) 8993009475, REGON 540210848, e-mail address: contact@kickomi.com, phone number: +48 736 288 068.
1.2. These Terms and Conditions are addressed both to consumers and to businesses using the Online Store, except for section 9 of the Terms and Conditions, which applies only to businesses that are not Sole Traders with Consumer Rights.
1.3. The controller of personal data processed in connection with the performance of these Terms and Conditions is the Service Provider. Detailed information on the purposes and legal bases of personal data processing and on the rights of data subjects can be found in the Privacy Policy available on the Online Store website.
1.4. Definitions:
BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
ORDER FORM – an Electronic Service; an interactive form available in the Online Store that enables placing an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the delivery and payment method.
CUSTOMER – (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality that has been granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Polish Act of 23 April 1964 – Civil Code (Kodeks cywilny) (consolidated text, as amended).
CONSUMER – a natural person performing a legal transaction with the Seller that is not directly related to their business or professional activity.
ACCOUNT – an Electronic Service; a set of resources in the Service Provider's IT system, assigned to the Service Recipient's e-mail address, in which the data provided by the Service Recipient and information on the Orders they have placed are stored.
NEWSLETTER – an Electronic Service consisting in the Service Provider sending, by e-mail, information about Products, new arrivals and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
SOLE TRADER WITH CONSUMER RIGHTS – a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity as disclosed under the CEIDG regulations.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE STORE – the Service Provider's online store available at www.kickomi.com, operating on the Shopify platform.
SELLER; SERVICE PROVIDER – Katarzyna Lizurej, whose details are set out in section 1.1 of the Terms and Conditions.
SALES AGREEMENT – a contract for the sale of a Product being concluded or concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – a person or entity indicated in the definition of Customer who uses or intends to use an Electronic Service.
CONSUMER RIGHTS ACT, ACT – the Polish Act of 30 May 2014 on consumer rights (ustawa o prawach konsumenta) (consolidated text, as amended).
ORDER – the Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account – an Account is created and accessed: (1) by entering an e-mail address and a one-time verification code sent automatically to that address, or (2) via a Google or Facebook account. When logging in via Google or Facebook, the Service Provider receives from the respective provider the Service Recipient's basic data (first name, last name and e-mail address) to the extent the Service Recipient has consented to; the use of these services is also subject to their providers' terms. The Account stores the data provided by the Service Recipient when placing Orders (including first and last name, delivery address, phone number) and the Order history. Creating an Account is not required to place an Order.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may delete the Account at any time and without giving any reason by sending a request to the e-mail address: contact@kickomi.com or in writing to: ul. Stanisławowska 47, 54-611 Wrocław.
2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic cart. An Order is placed after (1) completing the Order Form and (2) clicking the button confirming the order with an obligation to pay (e.g. "Pay now"). Until then, the Customer may modify the entered data on their own. The Order Form requires: first and last name/company name, delivery address (street, house/apartment number, postal code, town/city, country), e-mail address, phone number and data concerning the Sales Agreement: the Products, their quantity, the method and place of delivery and the payment method. A Customer who wishes to receive a company invoice also provides the company name and NIP (tax ID) number.
2.1.2.1. The Order Form Electronic Service is provided free of charge, is one-off in nature and ends when the Order is placed or when the Service Recipient stops placing the Order earlier.
2.1.3. Newsletter – the Newsletter is used after entering an e-mail address in the Newsletter sign-up form available on the Online Store website and confirming the subscription.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may unsubscribe from the Newsletter at any time and without giving any reason by clicking the unsubscribe link included in each message or by sending a request to the e-mail address: contact@kickomi.com.
2.2. Technical requirements necessary to use the Online Store: (1) a computer, smartphone or other device with Internet access; (2) access to e-mail; (3) an up-to-date web browser (e.g. Google Chrome, Mozilla Firefox, Safari, Microsoft Edge); (4) cookies and JavaScript enabled.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, respecting personal rights as well as the copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data that is true and accurate. Providing unlawful content is prohibited.
2.4. Complaint procedure concerning Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services and other complaints related to the operation of the Online Store (excluding Product complaints referred to in section 6 of the Terms and Conditions) may be submitted by the Service Recipient in particular: (A) in writing to: ul. Stanisławowska 47, 54-611 Wrocław; (B) electronically to the e-mail address: contact@kickomi.com.
2.4.2. It is recommended that the complaint include: (1) a description of the irregularity and the date it occurred; (2) the Service Recipient's request; (3) contact details. These are only recommendations and do not affect the validity of a complaint submitted without them.
2.4.3. The Service Provider will process the complaint without undue delay, no later than within 14 calendar days of its submission.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in accordance with section 2.1.2 of the Terms and Conditions.
3.2. Product prices are given in Polish zloty (PLN) and include taxes. For selected countries, the Online Store may display prices in the local currency – the price and currency shown in the Order Form at the time the Order is placed are binding. The Customer is informed of the total price of the Product including taxes, delivery costs and other costs (and, where their amount cannot be determined, of the obligation to pay them) while placing the Order, including at the moment of expressing the will to be bound by the Sales Agreement. Shipments to countries outside the European Union may be subject to customs duties and import taxes charged by the authorities of the recipient's country; these charges are not included in the Product price or delivery cost and are borne by the Customer.
3.3. After the Order is placed, the Seller promptly sends the Customer, to the e-mail address provided, a message confirming receipt of the Order and its acceptance for processing. The Sales Agreement is concluded when the Customer receives this message.
3.4. The content of the Sales Agreement is recorded, secured and made available to the Customer by (1) making the Terms and Conditions available on the Online Store website and (2) sending the e-mail referred to in section 3.3. The content of the Sales Agreement is additionally recorded in the Online Store's IT system.
3.5. Discount codes and promotions cannot be combined, unless the terms of a given promotion provide otherwise. The detailed terms of promotions (including discounts for new customers and Newsletter subscribers) are specified each time in their description.
3.6. Gift card: (1) it is issued in electronic form and sent to the e-mail address indicated (of the Customer or the recipient, also on a chosen date); (2) its value is expressed in Polish zloty and may be used to purchase any Products in the Online Store, in one or more Orders, until the balance is used up; (3) it cannot be combined with discount codes; (4) it cannot be exchanged for cash; (5) it is valid indefinitely, unless a different validity period is indicated in the card description.
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
4.1. The Seller offers the Customer electronic payments handled by Shopify Payments and third-party payment operators, in particular: payment cards, BLIK, Apple Pay, Google Pay, PayPal and Klarna. The currently available payment methods are displayed in the Order Form.
4.2. The Customer is obliged to make the payment when placing the Order, and no later than within 2 calendar days of the date the Sales Agreement is concluded. For card payments, processing of the Order begins after the transaction has been successfully authorised.
5. COST, METHODS AND TIME OF DELIVERY OF THE PRODUCT
5.1. Product delivery is available within the territory of the Republic of Poland and to the countries indicated in the Order Form.
5.2. Product delivery is subject to a fee, unless the Sales Agreement or the terms of a promotion provide otherwise. Delivery costs and the free delivery threshold are indicated on the "Shipping information" page and while placing the Order.
5.3. The Seller provides delivery via carriers, in particular InPost (parcel lockers and courier), ORLEN Paczka, DPD (courier and pick-up points) and UPS. The delivery methods available for a given country are displayed in the Order Form.
5.4. The Seller ships the Product within 1–2 Business Days of the date the Seller's account is credited or the payment is successfully authorised (Orders paid by 12:00 noon on a Business Day are, as a rule, shipped the same day). The carrier's delivery time depends on the country and delivery method and is indicated on the "Shipping information" page. The total delivery time to the Customer is up to 14 Business Days, and for delivery to countries outside the European Union – up to 30 Business Days (due to customs clearance and the working times of local postal operators).
5.5. We recommend checking the condition of the parcel upon receipt and, if it is damaged, drawing up a damage report with the carrier and contacting the Seller without delay. This is not a condition for a Consumer to submit a complaint – the risk of loss of or damage to the Product passes to the Consumer only when the Product is handed over to them.
6. PRODUCT COMPLAINTS (NON-CONFORMITY OF THE PRODUCT WITH THE CONTRACT)
6.1. The Seller is obliged to deliver a Product that conforms to the Sales Agreement. Towards a Consumer and a Sole Trader with Consumer Rights, the Seller is liable for any lack of conformity of the Product with the contract that existed at the time of its delivery and became apparent within 2 years of that time, under the rules set out in Chapter 5a of the Consumer Rights Act. Liability towards other Customers is set out in section 9 of the Terms and Conditions.
6.2. If the Product does not conform to the contract, the Consumer may demand its repair or replacement. The Seller may replace the Product when the Consumer demands repair, or repair it when the Consumer demands replacement, if bringing it into conformity in the manner chosen by the Consumer is impossible or would involve excessive costs. If both repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the Product into conformity with the contract.
6.3. The Consumer may submit a declaration of price reduction or of withdrawal from the contract if: (1) the Seller has refused to bring the Product into conformity with the contract or has failed to do so; (2) the lack of conformity persists despite an attempt to bring the Product into conformity; (3) the lack of conformity is so significant that it justifies a price reduction or withdrawal from the contract without prior repair or replacement; (4) it is clear from the Seller's statement or the circumstances that the Seller will not bring the Product into conformity within a reasonable time or without excessive inconvenience. The Consumer may not withdraw from the contract if the lack of conformity is insignificant.
6.4. A complaint may be submitted in particular: (A) in writing to: ul. Stanisławowska 47, 54-611 Wrocław; (B) electronically to the e-mail address: contact@kickomi.com; (C) via the form available on the "Returns | Complaints" page.
6.5. It is recommended that the complaint include: (1) a description of the non-conformity and the date it was discovered; (2) the request (repair, replacement, price reduction or withdrawal from the contract); (3) contact details; photos of the Product are also welcome. These are only recommendations and do not affect the validity of a complaint submitted without them.
6.6. The Seller responds to the complaint without undue delay, no later than within 14 calendar days of its receipt. Failure to respond within this period means that the Seller has accepted the complaint as justified.
6.7. The costs of repair or replacement, including the cost of shipping the Product, are borne by the Seller. If delivery of the Product is necessary to process the complaint, the Seller will provide the Customer with instructions for sending the Product back at the Seller's expense to: ul. Górna 4, 42-152 Wilkowiecko.
6.8. Outlet Products: some Products are offered in an outlet version – with packaging that has cosmetic defects (e.g. dents, scratches, scuffs), while the figure itself and the contents of the packaging are free from defects. The condition of the packaging is described each time in the offer for the given Product, and the price reflects these characteristics. Cosmetic defects of the packaging described in the offer, of which the Consumer was expressly informed and which they accepted when placing the Order, do not constitute a lack of conformity of the Product with the contract. This does not limit the Consumer's rights in the event of other non-conformities, in particular defects of the figure itself.
6.9. Blind boxes – randomness and duplicates: the Seller does not open blind boxes and does not know their contents. The contents of a blind box are random, and the Seller does not guarantee receipt of a specific figure or the absence of duplicates, including within a single Order. In series where the number of designs is smaller than the number of pieces in a case (e.g. Sonny Angel, Smiski), duplicates are particularly likely. Receiving a duplicate figure or a figure other than the one expected does not constitute a lack of conformity of the Product with the contract.
7. OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES
7.1. The Consumer may use out-of-court complaint handling and redress procedures. Detailed information is available on the website of the Office of Competition and Consumer Protection (UOKiK): prawakonsumenta.uokik.gov.pl, as well as at the offices and on the websites of district (municipal) consumer ombudsmen and the Voivodeship Inspectorates of the Trade Inspection.
7.2. In particular, the Consumer may:
7.2.1. apply to the permanent consumer arbitration court operating at the voivodeship inspector of the Trade Inspection with a request to resolve a dispute arising from the Sales Agreement;
7.2.2. apply to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute with the Seller;
7.2.3. obtain free assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation (Federacja Konsumentów) and the Association of Polish Consumers (Stowarzyszenie Konsumentów Polskich)), including free advice provided at the e-mail address: porady@dlakonsumentow.pl;
7.2.4. in the case of cross-border disputes (a Consumer from another EU Member State) – seek assistance from the European Consumer Centre in their country.
7.3. Use of out-of-court dispute resolution methods is voluntary and requires the consent of both parties.
8. RIGHT OF WITHDRAWAL
8.1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the declaration before it expires. The declaration may be submitted in any unequivocal form, in particular: (A) electronically to the e-mail address: contact@kickomi.com; (B) in writing to: ul. Stanisławowska 47, 54-611 Wrocław; (C) via the form available on the "Returns | Complaints" page. If the Consumer submits the declaration electronically, the Seller will promptly send them an acknowledgement of its receipt.
8.2. A model withdrawal form is contained in Annex 2 to the Consumer Rights Act and on the "Returns | Complaints" page. Its use is not mandatory.
8.3. The withdrawal period begins when the Consumer, or a third party indicated by them other than the carrier, takes possession of the Product, and in the case of a contract covering multiple Products delivered separately, in batches or in parts – when they take possession of the last Product, batch or part.
8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.5. The Seller will refund to the Consumer, without undue delay and no later than within 14 calendar days of receiving the withdrawal declaration, all payments made by them, including the costs of delivering the Product (except for additional costs resulting from the chosen delivery method other than the cheapest standard delivery method available in the Online Store). The refund is made using the same payment method used by the Consumer (for card payments – to the account linked to the card), unless the Consumer has expressly agreed to a different refund method that does not involve any costs for them. The Seller may withhold the refund until it has received the Product back or until the Consumer has supplied proof of having sent it back, whichever occurs first.
8.6. The Consumer is obliged to return the Product without undue delay, no later than within 14 calendar days of the day on which they withdrew from the contract. To meet the deadline, it is sufficient to send the Product back before it expires. The Product should be sent back to: ul. Górna 4, 42-152 Wilkowiecko.
8.7. The Consumer is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Costs related to withdrawal from the contract borne by the Consumer:
8.8.1. if the Consumer has chosen a delivery method other than the cheapest standard delivery method available in the Online Store, the Seller will not refund the additional costs incurred by the Consumer;
8.8.2. the Consumer bears the direct costs of returning the Product.
8.9. Blind box Products:
8.9.1. A blind box is a Product whose essence is randomness and unknown contents. The subject of the Sales Agreement is the blind box as a whole – the sealed packaging together with the figure hidden inside – and the unopened packaging is an integral part of the Product and its essential characteristic.
8.9.2. The Consumer can establish the nature, characteristics and functioning of a blind box without opening it – on the basis of the Product description, photos of the series, markings on the packaging and an inspection of the unopened packaging. Opening a blind box (including tearing off the security strip, opening the box or tearing the inner packaging) therefore goes beyond what is necessary to establish the nature, characteristics and functioning of the Product within the meaning of Article 34(4) of the Consumer Rights Act.
8.9.3. Opening a blind box is irreversible and means using up its essential characteristic – the element of surprise – which cannot be restored. An opened blind box cannot be resold as a blind box.
8.9.4. Accordingly, if the Consumer withdraws from the contract and returns an opened blind box, they are liable for the diminished value of the Product in accordance with section 8.7 of the Terms and Conditions, which in the case of an opened blind box corresponds to its full price. This means that no refund is due for a returned opened blind box. Unopened blind boxes (with the box intact – security strip not torn off and closure not opened) may be returned under the general rules.
8.9.5. The provisions of section 8.9 do not limit the Consumer's rights in the event of non-conformity of the Product with the contract (section 6 of the Terms and Conditions), e.g. when the figure in the blind box is damaged or incomplete.
8.10. The right to withdraw from a distance contract does not apply to the Consumer in particular with respect to contracts: (1) where the subject of performance is a non-prefabricated Product, manufactured to the Consumer's specifications or intended to meet their individual needs; (2) where the subject of performance is a Product delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging has been opened after delivery; (3) where the subject of performance is Products which, after delivery, are, by their nature, inseparably mixed with other items; (4) where the subject of performance is sound or video recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery; (5) for the supply of digital content not supplied on a tangible medium, if performance began with the Consumer's express consent before the end of the withdrawal period and after they were informed of the loss of the right of withdrawal.
8.11. The Consumer may withdraw from the contract for the purchase of a Gift card within 14 calendar days of receiving it, provided that it has not been used. In such a case, the Seller refunds the amount paid and the Gift card is cancelled.
9. PROVISIONS CONCERNING BUSINESS CUSTOMERS
9.1. This section applies only to Customers and Service Recipients who are neither Consumers nor Sole Traders with Consumer Rights. The provisions of the Terms and Conditions concerning Consumers apply to Sole Traders with Consumer Rights with respect to unfair contract terms, liability for non-conformity of the Product with the contract (section 6) and the right of withdrawal (section 8).
9.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 30 calendar days of its conclusion, without giving any reason. Such withdrawal does not give rise to any claims of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the chosen payment method and of the fact that the Sales Agreement has been concluded.
9.4. A Customer who is not a Consumer is obliged to inspect the shipment at the time and in the manner customary for shipments of this kind. If they find any loss of or damage to the Product that occurred during transport, they are obliged to take all steps necessary to establish the carrier's liability.
9.5. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty (rękojmia) for the Product towards a Customer who is not a Consumer is excluded.
9.6. The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
9.7. The liability of the Service Provider/Seller towards a Customer who is not a Consumer, regardless of its legal basis, is limited – for a single claim and for all claims in aggregate – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than 1000 zł. The Service Provider/Seller is liable only for typical damage foreseeable at the time the contract was concluded and is not liable for lost profits.
9.8. Disputes between the Seller/Service Provider and a Customer/Service Recipient who is not a Consumer shall be resolved by the court having jurisdiction over the registered seat of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Store are concluded in Polish. Translations of the Terms and Conditions into other languages are for information purposes only; in the event of any discrepancy, the Polish version prevails.
10.2. Amendments to the Terms and Conditions:
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, namely: changes in the law; changes in payment or delivery methods; changes in the scope or manner of providing Electronic Services – to the extent that these changes affect the performance of the provisions of the Terms and Conditions.
10.2.2. In the case of continuing contracts (e.g. Account, Newsletter), the amended Terms and Conditions are binding on the Service Recipient if the requirements set out in Articles 384 and 3841 of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days of the notification.
10.2.3. Amendments to the Terms and Conditions do not affect the rights acquired by Customers before their effective date, in particular they have no effect on Orders already placed or on Sales Agreements already concluded, in progress or performed.
10.3. In matters not regulated by the Terms and Conditions, the provisions of Polish law apply, in particular the Civil Code, the Act of 18 July 2002 on the provision of electronic services (ustawa o świadczeniu usług drogą elektroniczną) and the Consumer Rights Act. The choice of Polish law does not deprive a Consumer habitually resident in another country of the protection afforded to them by the mandatory provisions of the law of that country.
The current Terms and Conditions are published on the Store's website kickomi.com and are provided to the Customer electronically, free of charge, upon each request.
These Terms and Conditions are effective as of 20 October 2026. Sales Agreements concluded before that date are governed by the Terms and Conditions in the version in force at the time of their conclusion.