[The Organiser] The organiser of the “Safe Car Seat” Programme (hereinafter: “Programme”) is 4kraft sp. z o. o. as a limited liability company under Polish law with its registered office in Poznań, business address: ul. Tatrzańska 1/5, 60-413 Poznań, Poland, entered into the Polish National Court Register (KRS) kept by the District Court in Poznań, KRS entry number: 0000378767, NIP (Tax Identification Number): PL 7811861679 (hereinafter: “Organiser”). Organiser’s authorised representative seated in the territory of United Kingdom of Great Britain and Northern Ireland is: “UK Authorised Representative: Authorised Representative Service”, The Old Methodist Chapel, Great Hucklow, SK17 8RG, UK.
[The duration and scope of the Programme] This Programme applies to Kiddy-branded car seat products purchased and used in the territory of United Kingdom of Great Britain and Northern Ireland, excluding British overseas territories .This Programme is offered to customers who have purchased Kiddy products for private use only (hereinafter: “Consumers”).
[Sole traders as Consumers] Natural persons who conclude a contract which is directly related to their business activity shall also be considered as Consumers, where it appears from the content of the contract that the purchase is not of a professional nature for that person, particularly with regard to the nature of his business activity.
[The Products covered by the Programme] The Programme includes all models of car seats among those available in Organiser’s range, purchased in the EU market (as described in point 1.2.), and for a period of 6 (six) years, counted from the date of purchase (hereinafter: “Products”).
[Participants in the Programme] The Programme is open to all Consumers who:
have full legal capacity;
shave their place of residence in a territory defined in section 1.2;
have purchased the Product, and are its first owners;
have a proof of purchase in the form of a copy of a receipt or a VAT invoice;
have read these Regulations and accepted their provisions
(hereinafter: “Participants”).
[The Regulations] These Regulations constitute the basis of the Programme, regulate the terms and conditions of participation in the Programme, and define the rights and obligations of the Programme Participants, and the rights and obligations of the Organiser (hereinafter: “Regulations”). The content of the Regulations are always available on the website www.kiddy.com.
[Participation in the Programme] By taking part in the Programme, the Participant shall have the opportunity to return the Product which has been in an incident, and in accordance with this Regulation obtain a free replacement, provided that the requirements described in the Regulations are met.
[Default consent] The Participants in the Programme are obliged to comply with all rules formulated in the Regulations. Participation in the Programme implies reading and accepting these Regulations in full and without objection.
[Ban on participation] In the event of any violation of the Regulations, the Organiser shall be entitled to bar the Participant from the Programme. In particular, the Organiser shall be entitled to exclude from the Programme a Participant who is suspected of acting in a manner contrary to these Regulations, the applicable laws, and the rules of social conduct.
The application
The conditions for participation in the Programme are set out only in these Regulations, and in the mandatory provisions of law.
Participation in the Programme is entirely voluntary.
The dispatch of a new Product under the Programme will occur provided the following criteria are cumulatively met:
The Participant’s Product has been involved in an incident during which the Product was correctly installed in the car (according to the instructions for use of the Product in question);
Further use of the Product by a child, who had previously used the Product which had been in an incident, is reasonable with regard to the age, height, and weight of the child;
The Participant applied for participation in the Programme within 30 days from the incident, by sending a completed application form available on www.kiddy.com;
The Participant has attached the following documents to the application form:
A proof of purchase of the Product (receipt/VAT invoice)
and one of the following:
Photo documentation on the site of the incident (including the appearance of the Product and the damage to the vehicles) in which the Participant was involved;
A copy of the police report on the incident in which the Participant’s Product was involved, which includes a note on the presence of a properly installed Product in the car, and a copy of the motor-vehicle-damage report to the insurer which includes a note that the Participant’s car had been equipped with a properly installed Product;
A copy of the communication-loss report to the insurer containing a note that the Product had been properly installed in the Participant’s car;
If the documentation or materials (especially materials referred to in section 2.3. sub-section 4), letters b)-d) above) contain unnecessary personal data of third parties, they should be anonymised by the Participant (e.g. by covering the data/images of other participants in the event).
The following information must be provided on the form:
First name and family name of the Participant;
E-mail address;
A telephone number necessary for the services of collection of the damaged Product and delivery of a new Product;
The address to which the new Product should be sent;
The model of the Product involved in the incident;
Serial number of the Product (if readable);
Date of purchase of the Product;
Date and place of the incident;
The Participant may take part in the Programme more than once, provided that the conditions specified in the Regulations are met.
The same incident may not be the basis for making several applications for participation in the Programme.
Application’s processing
After receiving the application form and the complete set of the required documents, the Organiser will process the application in detail and without delay.
The Organiser will process the application within 7 working days counted from the date of delivery of the e-mail message.
The Participant shall be promptly informed of the Organiser’s decision by an e-mail sent to the address provided by the Participant.
The Organiser has the right to request the Participant to supplement the necessary documentation in case of incomplete application. In such a case, the deadline for examination of the application shall run again from the date of receipt of a complete application by the Organiser.
If the application is successful, the Participant shall receive instructions on how to return the damaged Product, and when will it be replaced.
The Organiser’s decision shall be based on the analysis of the submitted application.
In the event of receiving an incomplete application (notwithstanding the previous request referred to in clause 3.3. above), the Organiser reserves the right to leave the application unexamined.
Product replacement
In order to have the Product replaced with a new one, the Product which has been in an incident must be returned to the Organiser.
If the application is accepted, the Participant receives a prepaid and filled in return label. The label is sent as an attachment via electronic communication used in a given case (e.g. email, chat, social media platform). The Participant is advised to print the return label and have it prepared for the shipment. Then the Participant should deliver the package to a local pick-up point. After that a courier delivers it to the Organiser’s Service department.
However, in case of refusal to use the abovementioned service and the damaged Product is shipped at Participant’s expense without the Organiser’s involvement, the Organiser is not obliged to refund the costs of transportation.
The Organiser shall dispose of the Product which has been involved in the incident or road collision, in accordance with applicable regulations.
The Product which has been involved in the incident shall be replaced with the same model, in the random colour available at the Organiser’s premises.
If the given model is no longer available in the product range, the Organiser has the right to replace the damaged Product with a model, which corresponds best with the original parameters of the damaged Product, as well as with the age, weight and height of the child.
The Participant is not entitled to receive the financial equivalent of the value of the Product, i.e. cash or discount on other products.
The Participant always has the right to refuse the Product replacement which is equivalent to withdrawing from participation in the Programme. In such case the Participant does not receive any compensation.
Complaints
All complaints concerning functioning of the Programme should be submitted in an electronic form to the e-mail address: support@kiddy.com titled “Safe Car Seat Complaint”, or in writing to the following address: 4kraft sp. z o.o., ul. Tatrzańska 1/5, 60-413 Poznań, Poland. In case of any questions or doubts please contact us on email address: support@kiddy.com.
The complaint should include name, family name and email address, so the Organiser can reply to you, as well as an exact description of violation and/or irregularity, which is the subject of the complaint.
Complaints shall be examined by the Organiser within 14 working days of their receipt. Complaint’s submitter shall be notified of the decision in the same form in which the submission was made.
The decision of the Organiser is final. There is no internal appeal procedure.
After the exhaustion of the complaint procedure, the Participant shall have the right to pursue unsuccessful claims by way of court proceedings before competent court of law.
Personal data
The Organiser is the controller of the personal data provided by the Participants.
Entrusted personal data shall be processed by the Organiser under – Art. 6 section 1 (f) of the General Data Protection Regulation of 27 April 2016, (hereinafter: “GDPR”) in order to:
Process the application and send a reply to the application;
Provide a full service, including solving technical and organisational problems;
Ship a new Product;Defend against possible claims;Conduct research and analyses to improve the performance of available services and customer service;
Use them for statistical purposes.
Participants’ personal data shall be processed until the application is responded to, and until the application examination process is completed. After sending a response to the complaint, we may store the data for a maximum period of time corresponding to the limitation period on any claims which might be raised against us, and which we may be entitled to raise against the Participant, or until the expiry of the legal obligation to keep the data, in particular the obligation to keep accounting documents made necessary by the provisions of law. The personal data processed based on the consent shall be processed by the Organiser until the consent is revoked.
Providing personal data on the application form for the Programme is voluntary, with the reservation that failure to provide the data will prevent the Organiser from processing the application.
An informational clause is made available to each Participant during the process of applying to be on the Programme. The participant acknowledges having read the above clause.
Final provisions
In matters not provided for in these Regulations, the relevant provisions of the Polish law shall apply, without prejudice to the mandatory provisions of the Participant’s national law, if applicable.
The Organiser reserves the right to change rules of the Programme, including the content of the Regulations, during its duration, and to discontinue the Programme at any time, for any reason, without prejudice to any rights acquired by the Participants. The Organiser is obliged to inform Participants about any changes to the Regulations 14 days in advance, via an announcement accessible on the website www.kiddy.com.
The Participant has the right to withdraw from the Programme at any stage, by submitting an appropriate statement sent to the following email address: support@kiddy.com, or the following mailing address: 4Kraft sp. z o.o., ul. Tatrzańska 1/5, 60-413 Poznań.
The current consolidated text of the Regulations shall enter into force as of 24.10.2022
