**TERMS AND CONDITIONS OF THE NFC Kids ONLINE STORE

and Use of NFC Kids Smart Tags**

Article 1. General Provisions

1. These Terms and Conditions of the NFC Kids Online Store (hereinafter: the “Terms and Conditions”) set out the rules for making purchases in the online store available under the domain nfckids.com and define the rules for using the products and services offered by NFC Kids, including devices equipped with NFC technology and a platform enabling the storage and reading of contact details, medical information, and other information provided by users.

2. The Seller is RS Real Estate Robert Skoracki, with its registered office in Leszno (64-100), ul. Jęczmienna 8, Poland, e-mail: info@nfckids.com.

3. To use nfckids.com, a device with Internet access and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari (current version) is required. To use certain functionalities of the online store nfckids.com, including registration and placing orders for Products, an active e-mail account is required.

4. All current forms of communication with the Seller, including online communication means, are indicated in the Contact tab on the online store website www.nfckids.com.

5. A Consumer, within the meaning of these Terms and Conditions, pursuant to Article 221 of the Polish Civil Code, is a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity. In addition, a natural person entering into a contract directly related to their business activity, where the content of that contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity disclosed pursuant to the provisions on the Central Register and Information on Business Activity, to whom the provisions contained in Chapters 4, 5a and 5b of the Act on Consumer Rights apply — within the scope specified in Article 7aa of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827 of 14 June 2014, as amended; hereinafter: the “Act on Consumer Rights”).

6. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any doubts shall be interpreted in favour of the Consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and shall be applied. The Consumer may not waive the rights granted under the Act on Consumer Rights. Contract provisions less favourable to the Consumer than the provisions of the Act on Consumer Rights or contrary to good practice shall be null and void, and the relevant statutory provisions shall apply instead.

7. Complaints related to the provision of electronic services and the functioning of nfckids.com may be submitted by e-mail to info@nfckids.com or in writing to: RS Real Estate Robert Skoracki, ul. Jęczmienna 8, 64-100 Leszno, Poland, with the note: “Complaint – Online Store nfckids.com”. For faster and easier handling of a complaint, the User is advised to include information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity; the User’s request; and the contact details of the complainant. Complaints shall be considered by the Seller without undue delay, no later than within 14 calendar days from the date of delivery of the complaint to the Seller.

Article 2. Customers and Registration

1. Customers of nfckids.com (hereinafter: the “Customers”) may be persons who are at least 16 years old and have legal capacity enabling them to effectively make a specific purchase, as well as legal persons and organisational units without legal personality that have full legal capacity.

2. NFC Kids enables the storage of contact details, medical information, and other data on media equipped with NFC technology.

3. Data may be read using mobile devices equipped with NFC technology.

4. The User is solely responsible for the truthfulness, accuracy, and legality of the data stored on the NFC chip and/or in the NFC Kids system.

5. The User is the data controller of the data they independently store on the NFC tag, including contact details, medical information, and third-party data. The Seller provides only the technical means enabling data storage and retention.

6. The Customer acknowledges that data stored on the NFC tag may be read by any person with an NFC-enabled device. The Customer bears full responsibility for the scope of data shared in this manner.

7. When making purchases, Customers are required to provide a delivery address, i.e. the recipient’s first and last name and delivery address — in order to perform the sales contract — as well as an e-mail address and mobile phone number — for contact regarding delivery performance.

8. The Customer is responsible for providing third-party data without the required legal basis.

9. Where the use of nfckids.com allows the provision of third-party data other than the Customer’s (e.g. for recommendation purposes), the Customer provides such data only if the use of that third party’s data is permitted by law (e.g. the Customer has obtained the necessary consent from the data subject). In the event of unauthorised disclosure of such data, the Customer bears all responsibility associated with providing such data.

10. By storing data on an NFC tag or in a system associated with an NFC tag, the Customer is the data controller of such data within the meaning of the GDPR and bears full responsibility for its content, scope, and compliance with the law. The Customer declares that they have a legal basis for processing all data they independently place on the NFC tag, in particular contact details, medical information, and data relating to third parties. The Seller shall not be liable for the data entered by the Customer on the NFC tag or for the consequences of making such data available to third parties. The Customer acknowledges that information stored on the NFC tag may be read by any person with an NFC-enabled device.

11. To the extent that the Seller provides technological infrastructure enabling the storage and retention of data on NFC tags, the Seller acts solely as a data processor within the meaning of the GDPR, processing data only on the documented instructions of the Customer and only to the extent necessary to provide the services.

12. In the event of a breach by the Customer of these Terms and Conditions, applicable law, or good practice, the Seller may terminate the agreement with the Customer or suspend its performance. This applies in particular where the Customer has downloaded or used, in any manner, any materials available within nfckids.com without the Seller’s consent.

13. Any aggregation and processing of data and other information available on nfckids.com for the purpose of further sharing with third parties within other websites and outside the Internet is prohibited. The use of the NFC Kids designations, including distinctive graphic elements, without the Seller’s consent or the consent of another authorised entity is also prohibited.

Article 3. Purchases

1. Information about goods and identifying marks (hereinafter: the “Products”) as well as the conditions of their purchase and delivery are published on nfckids.com. For the avoidance of doubt, such information does not constitute an offer but merely an invitation to submit offers with the content specified in the Product information. The Customer’s selection of Products and confirmation of the intent to purchase constitutes an offer to enter into a contract of sale for the selected Products (hereinafter: the “Order”).

2. The Customer selects Products by adding them to a (virtual) basket. Placing Products in the basket does not constitute a reservation. If Products become unavailable before the Customer confirms the Order, the Seller reserves the right not to accept the Order for fulfilment.

3. After selecting the Products and before selecting the payment method, the Customer is required to provide a complete and correct shipping address and a phone number that should remain unchanged until delivery. A change of the shipping address is possible only in exceptional circumstances, after agreement with the Seller and before the Products are handed over to the carrier for delivery.

4. After the Customer places an Order and selects a payment method, the Customer receives an e-mail confirmation of the Order from the Seller. When the Order is accepted by the Seller, the Customer will receive a relevant message. Upon the Customer receiving this message, a sales contract is concluded between the Seller and the Customer. If only part of the Order is confirmed, the sales contract is concluded only with respect to the confirmed Products.

5. If the Seller is unable to fulfil the performance in whole or in part because the Product is unavailable, or due to unforeseen circumstances the Product has not been delivered to the Seller, or has been damaged or lost, the Seller shall immediately notify the Customer and refund the price received or provide substitute performance of the same value as the price paid — at the Customer’s choice and with the Customer’s consent.

Article 4. Payment

1. Payments are made by the Customer to the indicated bank account number or using electronic payment methods provided by a specialised payment institution with which the Seller has entered into an agreement for the convenience of Customers.

2. If the Customer chooses payment by payment cards with online payment functionality or by bank transfers, the Customer is redirected to a website enabling electronic payment, e.g. the Customer’s bank login page or a Card Authorisation Centre. If payment for the Product is not made within 7 days from the date of the Order, the Order placed by the Customer is cancelled and the lack of payment shall be treated as the Customer’s withdrawal from the sales contract.

3. The Product price indicated in the Product description includes taxes and all charges required by applicable law. The price does not include the costs of transport and delivery of the Products, which are indicated separately.

4. The purchase of a Product is documented by an invoice. The Customer consents to receiving an invoice electronically to the e-mail address provided by the Customer, in electronic form within the meaning of Article 106n of the Act of 11 March 2004 on Goods and Services Tax (Journal of Laws 2022.931 consolidated text of 29 April 2022, as amended; hereinafter: the “VAT Act”) or in electronic form referred to in Article 111(3a)(1)(b) of the VAT Act. A paper invoice is issued only at the Customer’s express request. To receive a paper invoice, the Customer should contact the Seller by e-mail: info@nfckids.com.

5. The Customer may use discounts in accordance with the rules described on nfckids.com. Accumulated discounts may be used by the Customer only to purchase Products that have not been excluded from the relevant discounts. The discount value reduces the price payable by the Customer for the Product. Discounts may be combined only if explicitly stated. Discounts are non-transferable and are never exchanged for cash or other benefits.

Article 5. Delivery of Products

1. The place of performance of the Seller’s obligation under the sales contract is the place where the Product is collected (and in case of doubt, the place where the Product should be collected according to the Customer’s indication).

2. The Seller informs Customers about delivery costs on nfckids.com and in the Order summary, before the Order is placed by the Customer.

3. The dispatch time for ordered Products is indicated in the Order summary. The stated dispatch time includes business days. If the Customer purchases multiple Products under one Order and the Products have different dispatch times, they will be delivered together after completion of the entire order, i.e. within the longest of the stated dispatch times of the individual Products.

4. Products are shipped only to addresses located in the territory of the Republic of Poland and to countries indicated by the Seller with a separately specified delivery cost. If the Seller has such capacity and under a separate agreement with the Customer, the Seller may also ship Products to other countries not listed on nfckids.com.

5. Deliveries are carried out by specialised carriers. A list of carriers and their terms of service under which a given carrier provides delivery is available on nfckids.com. The Seller informs the Customer about delivery details, including which carrier will deliver the parcel, together with a tracking link, by e-mail.

6. The Customer is obliged to check the condition of the Product or, where this is difficult, the condition of the parcel (packaging) immediately upon delivery. If any transport damage is found, the Customer should prepare a relevant damage report and immediately notify the Seller.

7. The Seller shall not be liable for non-delivery of the Product due to reasons attributable to the Customer, e.g. providing an incorrect or incomplete delivery address preventing delivery. In such a case, the Seller shall inform the Customer about the failed delivery attempt.

Article 6. Personal Data Protection

1. With respect to data related to orders and the operation of the store, the data controller is the Seller.

2. With respect to data entered by the user onto the NFC tag, the data controller is the user. The Seller acts as a data processor solely to the extent of providing the service of storing and retaining data.

The processing of personal data of users and Customers is carried out in accordance with applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation — GDPR). Detailed rules for the processing of personal data and the protection of privacy of users and Buyers by the Seller are set out in the Privacy Policy, available under the “Privacy Policy” tab on the Store website and at www.nfckids.com/polityka-prywatnosci.

Article 7. Complaints Procedure

1. The basis and scope of the Seller’s liability towards the Consumer for conformity of the performance with the contract are set out in the Act on Consumer Rights in Chapter 5a and other applicable provisions of law.

2. Complaints may be submitted: (1) in writing to the Seller’s registered office address, (2) via the Contact Form available on the Store website, (3) by e-mail to: info@nfckids.com.

3. The Seller reserves that it does not accept so-called cash-on-delivery shipments (Cash On Delivery), where acceptance by the addressee is conditional upon payment of the amount indicated in the consignment note by the sender, if this involves the need to perform a monetary obligation and the Seller did not order such shipment.

4. In the event of a complaint regarding a Product purchased on nfckids.com, a Customer who is a Consumer shall make the Product available to the Seller together with proof of purchase. The Seller shall collect the Product from the Customer at its own cost. For this purpose, the Customer chooses one of the options proposed by the Seller and most convenient for the Customer for collecting the complained Product, e.g. by courier or parcel locker.

5. For efficient and faster complaint handling, it is recommended (but not required) to include in the complaint description:

   • information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;

   • a request for bringing the Product into conformity with the Sales Contract or a statement on price reduction or withdrawal from the Sales Contract;

   • contact details of the complainant.

6. If the data or information provided in the complaint require supplementation, prior to considering the complaint, the Seller will request the Customer submitting the complaint to supplement it within the indicated scope.

7. The Seller shall respond to the complaint within 14 (fourteen) days from the date of its receipt. The Customer will receive information on the manner of handling the complaint in accordance with the Customer’s request, e.g. to the provided e-mail address, in writing to the correspondence address indicated, or otherwise in accordance with applicable law.

8. In the event of a refund of the price, the refund shall be made in the amount paid by the Customer and in a manner analogous to the payment method chosen by the Customer for the Product, unless the Consumer agreed to a different method of refund without incurring any additional costs.

Article 8. Out-of-Court Complaint and Redress Procedures and Rules of Access

1. Detailed information concerning the possibility for a Buyer who is a Consumer to use out-of-court methods of complaint handling and pursuing claims, as well as rules of access to such procedures, is available on the website of the Office of Competition and Consumer Protection (UOKiK) at:
   https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

2. A contact point also operates at the President of UOKiK (phone: +48 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl, or postal address: Pl. Powstańców Warszawy 1, 00-950 Warsaw, Poland), whose tasks include, among others, providing assistance to consumers in matters relating to out-of-court consumer dispute resolution.

3. The Consumer has the following example options to use out-of-court complaint and redress procedures:

   • an application for dispute resolution to a permanent consumer arbitration court (more information at: http://spsk.wiih.org.pl/index.php?id=102);

   • an application for out-of-court dispute resolution to the Provincial Inspector of the Trade Inspection (more information on the inspector’s website relevant to the Seller’s place of business);

   • assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Federation of Consumers and the Association of Polish Consumers).

Article 9. Withdrawal from the Contract

1. Pursuant to the Act on Consumer Rights, a Customer who is a Consumer or a natural person entering into a contract directly related to their business activity as referred to in Article 7aa of the above-mentioned Act on Consumer Rights, who concluded a distance contract, may withdraw from the contract within fourteen (14) days from the date of receipt of the Product, without giving any reason, by submitting a declaration of withdrawal to the Seller.

2. Withdrawal from the contract may be made via the contact form available on nfckids.com or in writing (a template withdrawal form constitutes an appendix to the Terms and Conditions). If, under one Order, the Customer purchased more than one Product, the withdrawal may relate to all or only selected Products, provided that where a Product is sold as a set, bundle, or package, withdrawal is possible only with respect to that set, bundle, or package.

3. In the event of withdrawal from the sales contract, the contract shall be deemed not concluded with respect to the Product (set, bundle, or package) from which the Customer withdrew. The return should be made without undue delay, no later than within 14 days from the date on which the Customer withdrew from the contract. The cost of returning the Product to the Seller shall be borne by the Customer. In the event of an effective withdrawal from the sales contract, the Seller shall refund the amount paid by the Customer for the Product in a manner analogous to the payment method chosen by the Customer for the Product.

4. If the time limits for withdrawal specified in this Article are exceeded, the Seller will return the returned Product to the Customer at the Customer’s cost. Failure to follow the withdrawal procedure described above may result in a significant delay in completing the withdrawal procedure and thus in ordering the refund due to the Customer.

5. The right to withdraw from the contract shall not apply:
   (a) in the cases specified in Article 38 of the Act on Consumer Rights, in particular where the subject of the performance is an item made to the Customer’s specifications or serving the Customer’s personalised needs (e.g. Products containing engraving ordered by the Customer);
   (b) where a natural person conducting business activity concluded a contract directly related to that business activity, but the contract had a professional nature for that person, resulting in particular from the subject of the business activity disclosed in the Central Register and Information on Business Activity.

Article 10. Final Provisions

1. The Seller reserves the right to amend the Terms and Conditions.

2. For the avoidance of doubt, amendments to the Terms and Conditions do not infringe acquired rights of Customers, which means in particular that Orders placed by Customers before the amendments enter into force are fulfilled under the previous provisions of the Terms and Conditions accepted by the Customer each time before placing an Order.

3. For statistical purposes and to ensure the highest quality of services, nfckids.com uses information stored by the server on the Customer’s end device and then read each time the web browser connects (so-called cookies). The purpose is to facilitate browsing during the next visit to the service. The User decides which cookies are stored and how, through their web browser settings (commonly used: Mozilla Firefox, Internet Explorer, Google Chrome, Opera, Safari, Microsoft Edge). Default browser settings allow cookies to be stored.

4. It is prohibited for Customers to use graphic elements (including the “NFC Kids” logo), the layout and composition of the nfckids.com website (the so-called layout), graphic elements, as well as other intellectual property rights, without the Seller’s explicit written consent.

5. The law applicable to sales contracts between the Customer and the Seller under these Terms and Conditions shall be Polish law.