TERMS AND CONDITIONS OF THE NANNY EXPRESS ONLINE SHOP

Article 1 DEFINITIONS

Shop – online shop conducted through the website https://nannyexpress.pl, owned by Nanny Express sp. z o.o. with registered office in Warsaw (00 – 710), Al. Witosa 31/105, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, XIII Divison of National Court Register, KRS no: 0000347629, NIP: 5213553139, contact details: Al. Witosa 31/105, 00 – 710 Warsaw; telephone number: +48 22 858 33 28, e-mail: info@nannyexpress.pl;

Nanny Express – Nanny Express sp. z o.o. with the registered office in Warsaw (00 – 710), Al. Witosa 31/105, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, XIII Divison of National Court Register, KRS no: 0000347629, NIP: 5213553139;

Coordinator – Nanny Express sp. z o.o. with registered office in Warsaw (00 – 710), Al. Witosa 31/105, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, XIII Division of National Court Register, KRS no: 0000347629, NIP: 5213553139;

Service – custody services and safety of children supplied by Nanny Express to the benefit of the Client (hereinafter: Babysitting) available in the offer of the shop: https://nannyexpress.pl, offered in the form of hours packages of Babysitting which may be used to execute the Service in the Basic version (Package);

Product – packages, boxes and sets of accessories, educational aids or school equipment available in the offer of the Shop;

Client – natural person, legal person or unincorporated entity (legal entity without legal personality) who orders Services in the Shop in accordance with hereby the Terms and Conditions;

Consumer – the Client, who is a natural person and ordered Service or Product which is not directly related to his economic or professional activity;

Babysitter/Childminder – person providing the Service of Nanny Express.

Article 2 GENERAL PROVISIONS

2.1. Support service of the Shop is provided by the Coordinator.

2.2. The Shop is an online shop which enables sales of Services – hours packages which may be used to execute Service in the Basic version, as well as Products – packages, boxes and sets of accessories, educational aids or school equipment through the Internet.

2.3. Description of Services and Products, as well as prices for particular Services or Products along with descriptions are posted on the website of the Shop for information purposes only and do not constitute an offer within the meaning of the Civil Code.

2.4. Nanny Express communicates with Client by phone or via email. Client may contact Nanny Express by phone +48 22 858 33 28 or via email info@nannyexpress.pl. The address mentioned in the Article 1 is proper for complaint proceedings.

2.5. Nanny Express reserves the right to change the assortment of Services and Products presented in the online Shop, the descriptions of Services and Products, the prices of particular Services or Products, as well as to conduct, modify and withdraw special offers conducted by the online Shop.

2.6. Nanny Express states that within the performance of services characterized in the Terms and Conditions, it is forbidden for Client to provide illegal content. While accepting the Terms and Conditions, Client declares that would not violate the above mentioned ban.

Article 3 PROVISIONS CONCERNING ORDERS

3.1. An order is placed in the following cases:

I. for Registered users (i.e. those who possess an account on website https://nannyexpress.pl, with access obtained through indication of username or email address and password) an order is accepted through:

  1. logging into account on https://nannyexpress.pl through indication of username or email address and password;

  2. adding Service/Product to the cart through clicking the „Add to cart” button positioned under picked Service/Product;

  3. clicking the „Proceed to checkout” button;

  4. selecting a form of payment for Service/Product out of following options:

a) Dotpay

  1. (optional) – filling the rubric „Additional Information” through entering particular, diverging from norm information concerning shipment, delivery or collection of Products. One should provide delivery address, when differ from stated during creation of an account on https://nannyexpress.pl;

  2. confirmation of an acceptance of the Terms and Conditions through ticking a box corresponding to statement: „I’ve read and accept the terms & conditions”;

  3. clicking the „Order with an obligation to pay” button;

II. for Unregistered users (i.e. those who don’t possess an account on website https://nannyexpress.pl) an order is accepted through:

  1. adding Service/Product to the cart through clicking the button „Add to cart” positioned under picked Service/Product;

  2. clicking the „Proceed to checkout” button;

  3. creating an account on https://nannyexpress.pl through proper filling of the form „Billing Details” with the following, authentic data:

  1. name,

  2. surname,

  3. (optional) trade name of the company,

  4. (optional) Tax Identification Number (NIP),

  5. email address,

  6. telephone number,

  7. address: street, house number,

  8. postcode,

  9. city,

  10. password to the account;

  1. selecting a form of payment for Service/Product out of following options:

a) Dotpay

  1. (optional) – filling the rubric „Additional Information” through entering particular, diverging from norm information concerning shipment, delivery or collection of Products. One should provide delivery address, when diverge from stated during creation of an account on https://nannyexpress.pl;

  2. confirmation of an acceptance of the Terms and Conditions through ticking a box corresponding to statement: „I’ve read and accept the terms & conditions”;

  3. clicking the „Order with an obligation to pay” button.

3.2. At the moment of clicking the „Place order” button, the contract of sale of Product or contract for Service is concluded between User and Vendor. At the moment of clicking „Place order” button by User he is obliged to make a payment for ordered Products or Services. Obligation of Nanny Express to perform the ordered Service commences after the payment is booked in Nanny Express bank account.

3.3. After the order is placed Client receive an email massage (to the email address stated in form) containing confirmation of order.

3.4. After the order is placed (through clicking the „Place order” button) User isn’t entitled to amend the order, except to situation when Nanny Express grant the consent via email. Each and every order placed in separate procedure would be treated as new one and would implicate an obligation for payment.

3.5. When placing the order Client declares, that he is familiarized with Privacy Policy and the Terms and Conditions, in particular with the provisions concerning processing of personal data, as well as right of withdrawal from the contract according to Consumer Rights Act of May 30, 2014, and accept provisions therein.

3.6. Remuneration for the Service indicated in online Shop is presented in gross amount (with VAT) and expressed in PLN. Remuneration for the Service indicated in online Shop is binding since Client place an order for particular Service. At Client’s request Nanny Express issue VAT invoice, which documents supplying of Service.

3.7. Purchase of each hours package is encumbered with one-time fee of PLN 19.90 (gross value) for the activation of the first Package, payable along with purchase of hours packages. In case of complaint proceeding or withdrawal from the contract this amount is not a subject to payback.

3-8. Settlement of transactions by credit card and e-transfer is carried out via Dotpay.pl.

Article 4 PROVISIONS CONCERNING THE DELIVERY OF PRODUCTS

4.1. Depending on availability and popularity of ordered Product completion date is 2-10 business days. For additional fee, at Client’s special request, an order may be delivered on Saturday. It is possible to monitor the status of shipment through the website of courier company. Execution of the order applies to the Polish territory.

4.2. Ordered product is sent through courier company in original packaging and is additionally secured. Client shall unpack and check shipment in the presence of the courier.

4.3. In case of any irregularity like mechanical damage or discrepancy of the content of shipment with the placed order, Client shall request the courier to prepare a shipping damage report and afterward inform Nanny Express by phone or via email and sent copy of the report (by fax or via mail). Shipping damage report should comprise of following data:

information concerns warning signs on the package (whether there were stickers like „Fragile!”, „up/down”, adhesive or corporate tape),

information concerns protection of package from inside and outside (carton, filling),

information concerns damage (which elements and how).

4.4. Cost of the delivery of Product depends on chosen method of payment. In case of an advance payment the cost of delivery is PLN 20 (gross value) and it would be included on VAT invoice or in delivery receipt. In case of cash on delivery the cost of delivery is PLN 25 (gross value). Personal collection is unavailable.

Article 5 PROVISIONS CONCERNING THE SERVICES

5.1. Nanny Express provides Babysitting according to the description of Service called „Product description”, which is comprised on the website of the Shop. The acceptance of the Terms and Conditions constitutes a consent of the Client to provide Services accordingly to this description.

5.2. The basic scope of the Babysitter’s duties:

    1. Providing safety to the child,

    2. Taking up / picking up a child from / to kindergarten / school with a taxi or municipal transport, providing a parent covers costs of travel for both the Babysitter and the child,

    3. Taking care of the hygiene of the child, i.e. changing the diaper, bathing, washing hands, changing dirty clothes, applying creams and cosmetics recommended by the Client,

    4. Tidying after child-care activities, e.g. cleaning up after playing or after meals,

    5. Organizing the child's spare time using toys of the Client and arts&crafts kits,

    6. Taking the child for a walk outside, outdoor activities, e.g. playground or other places, which were specified by the Client,

    7. Heating meals or preparing basic meals in accordance with the Client's instructions,

    8. Checking if the child has done his/her homework and preparing books / backpack / clothes for the next day at school,

    9. Preparing the child for sleep and carrying out pre-bedtime activities, i.e. bathing, preparing a bed, reading,

    10. Taking the child to a doctor or for other type visits that have been arranged by the Client,

    11. Reporting about the Babysitting and all events related to the health and overall development of the child to the Client or to persons indicated by the Client.

    1. The scope of duties in the Basic version does not include:

  1. Teaching school subjects, conducting sports or music classes, in order to improve the child's abilities and achievements at school,

  2. Conducting educational activities in relation to the child or providing psychological help to the child and family members,

  3. Tidying activities, going beyond the basic cleaning activities stipulated in § 1 clause 1.d,

  4. Laundry and ironing,

  5. Large scale shopping,

  6. Taking care of pets,

  7. Collecting or acknowledging receipt with signatures of letters, parcels and other deliveries (courier etc.),

  8. Supervising, coordinating or transferring any payments to any persons carrying out repair and maintenance work in the house etc.

    1. A Package contains a specified number of service hours, validity period and additional terms and conditions of a Package:

    • Service Hours: a specified number of hours of service provision hereunder; Service Hours are divided into:

      • Morning Service Hours: hours from 7:00 am to 2:00 pm,

      • Standard Service Hours: hours from 2:01 pm to 6:59 am.

    • The Package validity period: timeframe in which the Client may use the purchased hours. The validity period is expressed in months – from 1 to 12.

    • Terms and conditions of the Package: additional conditions applicable to the provision of services, based on the Package; this may apply to seasonal services, promotions, restrictions on the time and the location of service provision.

5.5. The Babysitting can be used only during the service validity period of the Package indicated on the website of the Shop. Hours unused in this period of time cannot be used at a later date and does not constitute reimbursements. The Client, at least 24 hours before the planed Babysitting and not later than at 5:00 p.m. on the previous business day, will send a written inquiry to following address: babysitting@nannyexpress.pl, including the following data:

  • date and period (from … to …) of Babysitting;

  • address/place of provision;

  • scope of the Babysitter’s duties;

  • age and number of children (the limit is 4 children; the Babysitting intended for more than 4 children shall be agreed separately between the Parties);

5.6. In the event of changes in the data provided by the Client in an email inquiry referred to in point 5.3. above, or if the data are untrue:

  • Nanny Express will not be liable for any consequences resulting from such a change or false statements,

  • The Client will not be entitled to question the quality of the service provided by Nanny Express,

  • The Client losses additionally 3 service hours from an active Package.

5.7. The Agreement is concluded for the duration period of the Service, which shall not be longer than the validity period of the purchased Package, indicated in the confirmation of order set forth in p. 3.3. The Package will come into effect once the full payment from the Client has been received. The date of the payment is considered to be the date of Package activation. The provision of services hereunder will commence on the day of activating the first and subsequent Packages.

5.8. Nanny Express settles the Hours ordered within the Packaged and Hours worked, rounding up to 30 minutes.

5.9. If the number of Hours worked exceeds the number of Hours ordered, the active Package will be reduced by the number of Hours worked. If the Client does not possess an active Package any more, Nanny Express shall issue an invoice for additional Hours worked (at a price of an hour of Service applicable to the active Package possessed by the Client) and the Client shall pay this invoice immediately. If the Babysitter really worked fewer hours than the number of Hours ordered by the Client, the active Package will be reduced by the number of Hours ordered by the Client.

5.10. After ordering the Babysitting the Client shall not transfer the Package in a whole on in a part to the third person.

5.11.

  1. The Client orders the Babysitting for the definite period of time provided that, the Service shall not be ordered for a period shorter than 3 consecutive hours a day. The Client shall not terminate the ordered Service. In case, the Client releases the Babysitter from duties before the end of the period of Babysitting service, subject to subpoint 2 below, the Package shall be reduced by the number of Hours ordered (the number of hours ordered by the Client), not Hours worked (the number of hours during which the Babysitting services were actually provided).

  2. The Client shall not release the Babysitter from duties before the end of the period of Babysitting service, except the situation that a permission to release the Babysitter from duties has been granted as a result of individual arrangements between the Client and Nanny Express.

5.12. Nanny Express will provide Babysitting through various Babysitters, depending on actual availability. The Client has no right to demand a particular Babysitter and the Babysitter of specific qualifications.

5.13. In the event of the inability of the Babysitter to provide service due to illness or otherwise, Nanny Express shall provide a replacement Babysitter.

5.14. Nanny Express provides Babysitting also on public holidays (meaning i.e.: the New Year, the Epiphany, Easter, 1st and 3rd of May, Corpus Christi, 15th of August, 1st and 11th of November, Christmas, Christmas’ Eve and New Year’s Eve). Each service hour ordered on public holidays, Christmas’ Eve and New Year’s Eve are counted double.

5.15. In the event the Babysitting service is provided for more than 24 consecutive hours, the Client is obliged to provide the Babysitter with full board and lodging for the duration of the service.

5.16. Arrival / Return of the Babysitter between 22:00 and 07:00 in the morning is associated with the need for the Client to arrange transport for the Babysitter, for example, by ordering and paying for a taxi in the amount of PLN 50.00 or taking the Babysitter home personally.

5.17. Each day when the service is completed, the Client will sign the ”Acknowledgement of Babysitting services” in order to confirm it, afterwards the Babysitter will provide the signed document to Nanny Express.

5.18. The original copies of the signed ”Acknowledgments of Babysitting services” will be kept by Nanny Express for the period of three months.

5.19. Nanny Express will not be liable for the lack of contact with the Client at the telephone number indicated in a questionnaire in case of emergency, occurring before, during or after the services have been provided as well as for any consequences as regards the quality of the service provided by Nanny Express, arising from the said lack of contact with the Client.

5.20. In case the Client has purchased the Package and ordered the Babysitting for the amount of hours exceeding the prepaid amount or in case the validity period of the Package has expired, Nanny Express shall notify the Client about said facts. In the event the Client confirms the ordered Babysitting, he/she shall be obliged either to pay for additional hours basing on an invoice issued by Nanny Express (in accordance with the regular price list) or to purchase another Package, which will satisfy used hours (in accordance with the Terms and Conditions). In the event, the Client has purchased the Package and ordered the Babysitting for the amount of hours exceeding the prepaid amount and the Client has not purchased another Package immediately, Nanny Express shall issue an invoice for additional hours (in accordance with the regular price list) and the Client shall pay for this invoice immediately.

5.21. In case the Client wants the Babysitter to continue the Service after the expiration of ordered hours or does not dismiss the Babysitter from duties or in case of the lack of contact with the Client or other persons acting on behalf of the Client, the Client shall be obliged either to pay additional fee for hours used after the initially provided services expired, basing on an invoice issued by Nanny Express, or to purchase another Package (in accordance with the Terms and Conditions).

5.22. In the event of ordering services with no proper advance notice, i.e. on the day of performance or the preceding day after 5p.m. as well as on Fridays after 5 p.m., on Saturdays, Sundays or on public holidays, the Client will additionally lose 2 hours from the prepaid Package (irrespective of the amount of ordered hours).

5.23. In the event of cancellation of the ordered service less than 24 hours before service starts, or on Fridays after 5 p.m., on Saturdays, Sundays or on public holidays, the Client will additionally lose 2 hours from the prepaid package (irrespective of the amount of ordered hours).

5.24. The Client is obliged to train the Babysitter as regards the handling of all devices and equipment located in the place where the services will be provided, as well as inform him/her of any rules and habits applicable in the house. The Babysitter will provide a Babysitting service with due care for the Client’s property in the place of the service performance and will use items and equipment in the place of the service performance only in accordance with their intended purpose. Both the Babysitter and Nanny Express will not be liable for any damage to the property caused by the Client’s child (children) placed under the Babysitter’s care.

Article 6 THE PROHIBITION ON DIRECT COOPERATION

The Client shall not enter into an employment Agreement or any other contractual Agreement with the Babysitter in form of writing or oral Agreement, who performed services based on the Terms and Conditions during 12 months after its termination regardless of the cause. In the event of a non-fulfilment of the above obligations by the Client, he/she shall pay Nanny Express a penalty of PLN 20.000,00 (Twenty thousand PLN). The penalty shall also apply if the actions set forth hereinabove are performed by relatives, relatives by marriage or persons related to the Client, or other persons acting on behalf of the Client. Nanny Express also preserves the right to claim damages in the amount exceeding the penalty.

Article 7 PROVISIONS ON QUALITY OF PRODUCTS

All Products offered in the internet store are genuine, new and full-value products. All Products are covered by the warranty granted by the producer.

 

Article 8 COMPLAINTS

8.1. In the event the Product or Service ordered by the Consumer occurred to be inconsistent with the provisions of the Terms and Conditions, the Consumer shall have the right to submit a complaint, as set out below.

8.2. A complaint shall be submitted via e-mail: info@nannyexpress.pl.

8.3. Nanny Express shall handle the complaint within 14 days from its reception. In the event the complaint is considered in favour of the Customer, Nanny Express shall:

in case of Services – reduce the remuneration for the package of hours relatively to the part of hours that had been used until the complaint was considered in favour of the Customer and reimburse the remaining amount of money to the Customer; one-time fee for the activation of the first Package indicated in p. 3.7. shall not be reimbursed;

in case of Products – replace the ordered Product for one consistent with the provisions of the Terms and Conditions.

8.4. Nanny Express shall inform the Customer in the event the complaint is not considered in favour of the Customer.

8.5. Provisions as set forth in Article 8 do not exclude the right to claim damage in accordance with general rules.

Article 9 RIGHT OF WITHDRAWAL FROM AN AGREEMENT

9.1. A Consumer may terminate that Agreement within a period of 14 days without giving any reasons and without incurring any costs other than those provided for in p. 9.3. below, in accordance with provisions of Article 27 of Act of 30 May 2014 on Consumer Rights (Dz.U. 2014 poz. 827). The period for withdrawal from the Agreement shall begin from the date of the conclusion of the Agreement.

9.2. A Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to Nanny Express. The statement of withdrawal may be submitted in writing or in a separate form via e-mail. Nanny Express shall reimburse all payments, including the cost of a return shipment of Product (the cheapest method available), to the Customer within 14 days from the reception of the statement of withdrawal. The provisions of p. 9.3. below shall apply.

9.3.

  1. In the event the statement of withdrawal is submitted after the performance of the Service has begun, the remuneration as set forth in p. 9.2. shall be reduced by the costs of the Service that has been provided until the date of the reception of the statement of withdrawal.

  2. In the event the statement of withdrawal is submitted after the delivery of the Product has been carried out, the Consumer shall return the Product in original packaging at his own expense. The withdrawal from the Agreement is not effective when the returned Product has obvious signs of use or the original packaging has been damaged.

  3. In the event the Consumer chooses the method of the delivery of Product other than the cheapest one, the additional costs incurred by the Consumer shall not be reimbursed.

  4. In the event the Consumer withdraws from the Agreement, Nanny Express shall be entitled to set off the administration fee in the amount of 1,9% of the remuneration being reimbursed to the Consumer in accordance with p. 9.2. The administration fee contains transaction fees, cost of packaging, costs of the withdrawal and bank charges.

9.4. The form of withdrawal from the Agreement is placed at the following address: Form of withdrawal from the Agreement. The form shall also be sent to the Consumer in the e-mail confirmation as set forth in p. 3.3.

9.5. The Consumer shall be held liable for any diminished value of the Product where this diminished value results from using the Product in a manner going beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

9.6. The consumer shall have no right of withdrawal from an off-premises or distance contract in the case of contracts:

  1. for services, where the entrepreneur has fully provided the service with the consumer’s prior express consent, where the consumer has been informed before the performance has begun that they will lose their right of withdrawal once the service has been provided by the entrepreneur;

  2. in which the price or remuneration is dependent on fluctuations in the financial market which cannot be controlled by the entrepreneur and which may occur before the end of the period for withdrawal from the contract;

  3. whose object are non-prefabricated goods, made to the consumer’s specifications or made for the purpose of meeting the consumer’s individual needs;

  4. whose object are goods which are liable to deteriorate or expire rapidly;

  5. whose object are goods in sealed packaging which cannot be returned after the package has been opened due to health protection or for hygiene reasons, if the package has been opened after delivery;

  6. whose object are goods which are, after delivery, due to their nature, inseparably mixed with other items;

  7. in which the consumer has specifically requested a visit from the entrepreneur for the purpose of carrying out urgent repairs or maintenance; if the entrepreneur provides services in addition to those specifically requested by the consumer or supplies goods other than replacement parts necessary for carrying out the repairs or maintenance, the customer’s right of withdrawal shall apply to those additional services or goods;

  8. concluded at a public auction.

Article 10 PROVISIONS ON PERSONAL DATA PROTECTION

10.1. The Personal Data Controller (Controller) is: Nanny Express Sp. z o.o. seated in Warsaw (00-710), al. Witosa 31/105.

10.2. The Client hereby consents to the processing of his/her personal data by the Controller for the purposes of providing him/her with an access to the websites registered under domain nannyexpress.pl as well as for the order’s placing and completing purposes.

10.3. The Client hereby consents to the processing of his/her personal data by the Controller for the purposes of direct marketing.

10.4. In the event the order had not been placed/completed, personal data of the Client will be kept for no longer than two weeks from receipt of information about the cancellation of the order by Nanny Express.

10.5. The personal data of the Client will be processed by the Controller for following purposes:

    • For purposes aimed to place and complete an order,

    • For purposes aimed to provide the Client with an access to the websites registered under domain nannyexpress.pl and to conclude distance contracts,

    • For other purposes related to the business activity of Nanny Express, as well as for pursuing claims, fulfilling legally justified purposes of the Controller, inter alia, the sale of products and services and direct marketing,

    • On the basis of the Client’s consent - for the sole purposes indicated in the granted consent.

10.6. The personal data of the Client will be kept for the period necessary to provide Services and consider complaints resulting from the provision of Services After and after the lapse of said period, only for purposes of pursuing claims by the Controller in accordance with relevant laws and until the withdrawal of the consent given by the Client. The Client has the right to have an access to his/her data, and the right to amend, update, correct, remove, limit processing, transfer his/her data, the right to raise objections and the right to withdraw his/her consent at any time. The Client has the right to lodge a complaint to the Inspector General for the Protection of Personal Data (GIODO), whenever s/he considers that the processing of his personal data violates the provisions of the General Data Protection Act of 27 April 2016. The recipient of the personal data is: Nanny Express Sp. z o.o. seated in Warsaw.

10.7. Providing the personal data by the Client is voluntary, but it is necessary to place and complete an order.

Article 11 FINAL PROVISIONS

11.1. For any matter not covered by the Terms and Conditions, the provisions of polish law, in particular the provisions of Civil Code and Act of 30 May 2014 on Consumer Rights shall apply.

11.2. The technical requirements to work with the IT System, used by Nanny Express are as follows: the Client shall use a computer or other device with Internet access and with Web browser preinstalled. When using the IT System “cookie” files may be placed on the computer or other device of the Client.

11.3. In the event the Client is not the Consumer, the court competent to the resolution of disputes arising from a Service agreement shall be the competent court for the registered seat of Nanny Express.

11.4. Nanny Express reserves the exclusive right to make changes in the Terms and Conditions.

11.5. The Terms and Conditions is available in writing in the registered office of Nanny Express and in electronic form on https://nannyexpress.pl/en/content/6-terms.