Terms and Conditions

These Terms and Conditions set out the rules for the rental of children’s equipment (in particular baby carriers) concluded at a distance through the online shop, with delivery by courier or to a pick-up point and return by the same method.

§ 1. General provisions

1. The online shop [TO BE COMPLETED: shop name], available at [TO BE COMPLETED: website address] (the “Shop”), is run by Katarzyna Butler, a sole trader operating under the business name KATARZYNA BUTLER, ul. Kawalerzystów 28/3, 53-004 Wrocław, NIP 9291686069, REGON 388276767, entered in the Central Register and Information on Economic Activity (CEIDG) (the “Lessor”).
2. Contacting the Lessor: e-mail [TO BE COMPLETED: shop e-mail address; currently wypozyczalnia@littletraveller.pl], telephone +48 601 788 135, postal address: ul. Kawalerzystów 28/3, 53-004 Wrocław. Contact form: Contact page.
3. These Terms and Conditions set out the rules for concluding and performing equipment rental agreements at a distance and the rules for providing electronic services in the Shop. The Terms and Conditions form part of every Rental Agreement.
4. The Terms and Conditions are available free of charge on the Shop’s website in a form that allows them to be downloaded, saved and printed. The Lessor sends the Terms and Conditions together with the order confirmation [TO DECIDE: PDF file as an attachment or the full text in the message].
5. The Shop operates within the territory of Poland. The Equipment can be delivered and returned only to and from addresses and pick-up points in Poland.

§ 2. Definitions

• Lessor - Katarzyna Butler, details in § 1(1).
• Customer - an adult natural person with full capacity to perform acts in law, a legal person or an organisational unit with legal capacity, who concludes a Rental Agreement.
• Consumer - a Customer who is a natural person and concludes a Rental Agreement not directly connected with their business or professional activity.
• Sole Trader with Consumer Rights - a natural person who concludes a Rental Agreement directly connected with their business activity, where the content of the Agreement shows that it is not of a professional nature for that person, as follows in particular from the subject of their business activity disclosed in CEIDG.
• Equipment - a baby carrier or another rented item, together with the accessories listed on the product page.
• Rental Agreement (the “Agreement”) - an agreement for the rental of Equipment concluded at a distance through the Shop.
• First Rental Day - the day from which the Equipment is at the Customer’s disposal (selected in the calendar on the product page).
• Last Rental Day - the latest day on which the Customer sends the return parcel containing the Equipment.
• Rental Period - the time from the First Rental Day to the Last Rental Day. The number of rental days is the number of days between the First and the Last Rental Day; for example, Friday to Monday is 3 days and Monday to Monday is 7 days.
• Package - the rental price for a specified number of days (e.g. weekend, week, 2 weeks) shown on the product page.
• Deposit - a refundable amount collected together with the rental price as security for the Lessor’s claims under the Agreement.
• Account - the “My Account” electronic service, in which the Customer can see their orders and extend a rental.
• Payment Operator - PayPro S.A. with its registered office in Poznań, operator of the Przelewy24 service.
• Carrier - InPost sp. z o.o. with its registered office in Kraków or DPD Polska sp. z o.o. with its registered office in Warsaw, depending on the delivery method selected.
• Working Day - a day from Monday to Friday, excluding statutory public holidays.

§ 3. Electronic services and technical requirements

1. The Lessor provides the following electronic services in the Shop free of charge: the order form, the Account, the contact form and the Equipment availability notification (“Notify me”). [TO DECIDE: newsletter, if launched]
2. To use the Shop you need: a device with internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail address.
3. Users of the Shop must not provide unlawful content, in particular in forms and messages.
4. The agreement for maintaining an Account is concluded for an indefinite period. The Customer may request deletion of the Account at any time by writing to the Lessor’s e-mail address; deletion of the Account does not affect ongoing Rental Agreements.
5. The agreement for the use of the order form or the contact form ends when the form is sent or when the user abandons it earlier. The “Notify me” service ends when the notification is sent or when the user unsubscribes via the link in the message or by e-mail.
6. Complaints about electronic services may be submitted in accordance with § 14.

§ 4. Booking and conclusion of the Agreement

1. The Customer selects the Equipment and a Package, or their own dates, in the calendar on the product page. The calendar shows only dates for which the Lessor can dispatch the Equipment in time and has an available unit, taking into account the time needed for shipping, return, inspection and washing of the Equipment.
2. The shortest possible rental and the price of the shortest Package (minimum rental cost) are shown on the product page.
3. In the order form the Customer provides the details needed to perform the Agreement (first name and surname, e-mail address, telephone number, address for the sales document and for delivery, or a pick-up point), chooses the delivery method and the payment method, and accepts the Terms and Conditions.
4. Before placing the order, the Customer sees a summary: the Equipment, the Rental Period and the number of days, the rental price, the cost of delivery both ways, the Deposit and the total amount payable.
5. Placing an order using the button labelled “Order with obligation to pay” means an obligation to pay. [TO BE COMPLETED in the shop: this wording on the checkout button]
6. After the order is placed, the selected dates are held for the Customer for 30 minutes to allow payment. If payment is not made within that time, the order is cancelled and the dates are released. [TO DECIDE: time allowed for payment, especially for a traditional bank transfer]
7. Once the payment has been credited, the Lessor sends the Customer an e-mail confirming that the order has been accepted for processing. The Rental Agreement is concluded when the Customer receives that message.
8. If, despite the availability check, the dates turn out to be unavailable (e.g. because another person booked them at the same time), the Lessor promptly informs the Customer and either offers other dates or refunds the full payment, no later than within 14 days. In such a case the Agreement is not concluded.
9. The Lessor sends the Customer confirmation of the conclusion of the Agreement, together with the Terms and Conditions and information on the right of withdrawal, by e-mail, i.e. on a durable medium.

§ 5. Prices and Packages

1. Prices in the Shop are given in Polish zloty and are final prices. The Lessor is exempt from VAT. [TO BE VERIFIED with the accounting office: basis for the exemption, e.g. Article 113(1) of the VAT Act]
2. The rental price depends on the number of days and is calculated according to the Packages shown on the product page:
   
   a) a rental shorter than the shortest Package costs the same as the shortest Package,
   
   b) a rental longer than one Package but shorter than the next Package costs the same as the shorter Package plus the surcharge for each additional day shown on the product page, but never more than the next Package,
   
   c) a rental longer than the longest Package costs the same as the longest Package plus the surcharge for each additional day, up to the maximum rental length shown on the product page.
3. The rental price covers preparation of the Equipment, its washing or cleaning after return, and the return packaging.
4. The delivery cost is shown at checkout before the order is placed and covers the parcel to the Customer and the return parcel.
5. The Deposit is a separate item in the order. It is not part of the rental price and is refundable in accordance with § 6.
6. Discount codes reduce the rental price on the terms stated for each code. Codes cannot be exchanged for cash.
7. The price shown at the time the order is placed is binding.

§ 6. Refundable Deposit

1. The Customer pays the Deposit together with the rental price. The amount of the Deposit is shown on the product page and in the basket; it is currently 200 zł for each unit of Equipment.
2. The Deposit secures the Lessor’s claims for damage, excessive soiling, incomplete return or loss of the Equipment and for late return.
3. On receipt of the return parcel, the Lessor checks the condition and completeness of the Equipment and draws up a return report. If the Lessor finds damage, missing items or excessive soiling, the Lessor documents them with photographs.
4. The Lessor refunds the Deposit in full, if the Equipment has been returned on time, complete, undamaged and without excessive soiling, within [TO DECIDE: 7] days of receiving the return parcel.
5. If the Customer is responsible for damage, missing items, excessive soiling or delay (§ 9, § 12 and § 13), the Lessor deducts the documented amount from the Deposit and refunds the remainder within the period set out in clause 4. The Lessor informs the Customer by e-mail of the amount of and reason for the deduction, attaching the photographs from the return report and, where applicable, the bill or invoice for the repair or cleaning.
6. If the amounts due to the Lessor exceed the Deposit, the Customer pays the difference within 14 days of receiving the statement of account.
7. The Deposit is refunded through the Payment Operator using the same method by which the Customer paid (for BLIK payments, to the bank account linked to BLIK), unless the Customer agrees to another method that involves no cost for them.
8. No interest is paid on the Deposit. The Payment Operator’s commission on the amount of the Deposit is borne by the Lessor. [TO DECIDE: at the meeting on 27 October it was said that the commission on the Deposit is “not refunded”. We recommend refunding the full Deposit, because deducting the commission from a consumer’s Deposit risks the term being held to be an unfair contract term]
9. The Customer may raise objections to the Deposit settlement in the same way as a complaint (§ 14).

§ 7. Payments

1. Payments in the Shop are handled by the Payment Operator: PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, entered in the register of entrepreneurs of the National Court Register (KRS) under number 0000347935 (Przelewy24 service). Available methods: BLIK, payment card and instant online bank transfer. [TO BE COMPLETED once the Przelewy24 account is set up: final list of methods; TO BE VERIFIED: details of the Payment Operator]
2. The Customer pays in advance, in a single transaction: the rental price, the cost of delivery both ways and the Deposit.
3. Payment card data is processed exclusively by the Payment Operator. The Lessor has no access to it.
4. The Lessor makes refunds (withdrawal from the Agreement, Deposit, accepted complaint) using the same method by which the Customer paid, unless the Customer agrees to another method that involves no cost for them.
5. The Lessor sends the sales document by e-mail. [TO DECIDE with the accounting office: an invoice without VAT or a simple bill (rachunek), settlement of the Deposit, a possible fiscal cash register]

§ 8. Delivery

1. The available delivery methods depend on the dimensions of the Equipment and are shown at checkout: InPost parcel locker, InPost courier, DPD Pickup point or DPD courier. Equipment that does not fit in a parcel locker compartment (e.g. large hiking carriers) is shipped by DPD only.
2. The delivery cost shown at checkout covers the parcel to the Customer and the return parcel to the Lessor.
3. The Lessor sends the parcel in advance (currently 2 days before the First Rental Day) so that, in the ordinary course, it is delivered no later than on the First Rental Day. [TO DECIDE: whether we promise delivery on the day before the First Rental Day]
4. The Customer collects the parcel promptly and, from a parcel locker or pick-up point, within the time limit set by the Carrier.
5. The Customer checks the parcel on receipt. If the packaging or the Equipment is damaged, the Customer should draw up a damage report with the Carrier or, if that is not possible, take photographs and report the damage to the Lessor within 24 hours. This does not affect the Consumer’s statutory rights.
6. If the Equipment arrives after the First Rental Day for reasons for which the Customer is not responsible, the Lessor refunds part of the rental price in proportion to the number of days on which the Customer could not use the Equipment; and if, because of the delay, the rental is no longer of use to the Customer, the Customer may withdraw from the Agreement and receive a refund of the full payment. [FOR LEGAL REVIEW]
7. If the Customer does not collect the parcel and it is returned to the Lessor, the Lessor refunds the Deposit, and refunds the rental price less the cost of the failed delivery and of the return of the parcel. [TO DECIDE and FOR LEGAL REVIEW]

§ 9. Use of the Equipment, cleaning and hygiene

1. The Lessor washes or cleans the Equipment after each rental, in accordance with the manufacturer’s recommendations, and checks its condition before dispatch.
2. The Customer uses the Equipment in accordance with its intended purpose, the manufacturer’s instructions (enclosed with the parcel or provided on the product page) and safety rules, in particular the child’s age and weight limits.
3. Without the Lessor’s consent, the Customer may not allow third parties from outside their household to use the Equipment, alter the Equipment or repair it themselves. The Customer must not wash the Equipment in a way that is contrary to the manufacturer’s instructions (e.g. in a washing machine, if the manufacturer does not allow this).
4. The Customer does not need to wash the Equipment before returning it. Soiling resulting from normal use (e.g. dust, traces of mud on the base, small stains) is not grounds for a deduction from the Deposit.
5. Excessive soiling means in particular permanent stains, mould, a strong odour (e.g. of tobacco smoke) or soiling that requires specialist cleaning. The cost of such cleaning is borne by the Customer: [TO DECIDE: a fixed amount, e.g. 50 zł, or the cost of a laundry service as per the bill].
6. If, during the rental, the Customer notices a defect in the Equipment, the Customer promptly notifies the Lessor and, where the defect may endanger the child’s safety, stops using the Equipment.

§ 10. Return of the Equipment and return packaging

1. The Customer sends the return parcel no later than on the Last Rental Day, using the same delivery method by which the Equipment was received, with the return label or return code provided by the Lessor (in the parcel or by e-mail). The cost of the return parcel is included in the cost of delivery both ways.
2. The Equipment must be returned complete, with the accessories listed on the product page (e.g. sun hood, rain cover, protective pad), in the packaging in which it was delivered (return packaging). If the return packaging has been destroyed, the Customer packs the Equipment in other packaging that provides similar protection and fits within the size limits of the delivery method concerned.
3. The day of return is the day on which the return parcel is sent. The Customer keeps the proof of posting until the Deposit has been settled.
4. The risk of loss of or damage to the Equipment in return transit, where the parcel is sent with the Lessor’s return label or return code in proper packaging, is borne by the Lessor. [FOR LEGAL REVIEW]
5. Returning the Equipment before the Last Rental Day does not reduce the rental price.

§ 11. Extension of the rental

1. The Customer may extend the rental before the end of the Rental Period in the Account (My Account, Orders, “Extend” button) or via the link in the reminder message about the end of the rental, by selecting a new Last Rental Day.
2. The Shop checks whether the same unit of Equipment is available for the new dates, taking into account subsequent bookings and the time needed for return and washing, and shows the additional payment: the difference between the rental price for the new number of days and the rental price for the current number of days, calculated in accordance with § 5(2).
3. The extension takes effect once the additional payment has been credited. The Lessor confirms the new Last Rental Day by e-mail.
4. If the extension conflicts with a subsequent booking or exceeds the maximum rental length, the Shop will not accept it. The Customer may then contact the Lessor, who will propose another solution where possible.

§ 12. Late return

1. If the Customer sends the return parcel after the Last Rental Day and the rental has not been extended, the Lessor charges a fee for each day or part of a day of delay, equal to the surcharge for an additional day shown on the product page [TO DECIDE: amount of the fee]. The fee may be deducted from the Deposit.
2. If, because of the delay, the Lessor cannot provide the Equipment to the next customer, the Customer is liable for the resulting loss under the general rules, in particular for the cost of providing replacement equipment. [FOR LEGAL REVIEW]
3. If the Customer does not return the Equipment and does not contact the Lessor within [TO DECIDE: 14] days of the Last Rental Day despite a request sent by e-mail, the Lessor may treat the Equipment as lost and settle it in accordance with § 13(4).

§ 13. Damage to and loss of the Equipment

1. The Customer is liable for damage to, destruction of and loss of the Equipment from its collection until the return parcel is sent, unless the damage results from normal wear and tear, a defect in the Equipment or circumstances for which the Customer is not responsible.
2. Normal wear and tear means in particular minor scuffs, slight changes in the colour of the fabric and marks consistent with the age of the Equipment and its proper use.
3. The cost of repairing damage is the documented cost of repair by a service centre or of purchasing the missing part or accessory, according to the bill, invoice or manufacturer’s price list.
4. In the event of loss, theft or destruction of the Equipment beyond repair, the Customer pays the value of the Equipment [TO DECIDE: the purchase price of the same new model, as in the Little Traveller terms, or the value taking wear into account; we recommend an amount stated in advance on the product page], less the Deposit. The Customer reports theft to the police and sends the Lessor confirmation of the report.
5. Damage is settled in accordance with § 6(5) and (6), on the basis of the return report with photographs.
6. The Lessor is not liable for damage resulting from use of the Equipment contrary to the manufacturer’s instructions or these Terms and Conditions. This provision does not limit any liability of the Lessor towards a Consumer that cannot be excluded by law. [FOR LEGAL REVIEW]

§ 14. Complaints

1. The Lessor provides the Equipment in a condition suitable for the agreed use and is responsible for keeping it in that condition throughout the Rental Period.
2. If the Equipment has a defect (e.g. a damaged buckle or strap, a missing part), the Customer may submit a complaint by e-mail or in writing to the Lessor’s address. Stating the order number, describing the defect and attaching a photograph will speed up the handling of the complaint.
3. The Lessor responds to a complaint within 14 days of receiving it, by e-mail or on another durable medium. If the Lessor does not respond within that period to a complaint from a Consumer or a Sole Trader with Consumer Rights, the complaint is deemed to have been accepted.
4. Once a complaint has been accepted, the Lessor, at the Customer’s choice and where possible, replaces the Equipment with a working unit or reduces the rental price in proportion to the time during which the Equipment was unfit for use. If the defect makes it impossible to use the Equipment, the Customer may terminate the Agreement with immediate effect, without notice, and receive a refund of the price for the remaining Rental Period and of the Deposit.
5. Complaints about electronic services and about the Deposit settlement are handled in the same way.

§ 15. Right of withdrawal from the Agreement

[FOR LEGAL REVIEW: the whole of this section. We have assumed that the rental of a movable item at a distance is a contract for the provision of services within the meaning of the Consumer Rights Act of 30 May 2014, and that the exception in Article 38(1)(12) (which covers, among other things, car rental) does not apply to it. Clauses 4 and 5 require a field at checkout in which the Consumer requests the start of the rental.]

1. A Consumer who has concluded the Agreement at a distance may withdraw from it without giving any reason within 14 days of the day on which the Agreement was concluded (§ 4(7)).
2. To withdraw from the Agreement, it is sufficient to send the Lessor a statement before the deadline expires, e.g. by e-mail or by letter. The model form in Annex 1 may be used, but this is not mandatory. The Lessor promptly confirms receipt of the statement by e-mail.
3. If the Consumer withdraws from the Agreement before the Equipment has been dispatched, the Lessor refunds the full payment (rental price, delivery cost and Deposit) within 14 days of receiving the statement.
4. If the Rental Period begins before the withdrawal period expires, the Lessor will dispatch the Equipment before that period expires only if the Consumer expressly requests this in the order form. If, after making such a request, the Consumer withdraws from the Agreement, the Consumer pays for the rental up to the time of withdrawal, in proportion to the number of rental days that have elapsed up to the day on which the statement is submitted (Article 35 of the Consumer Rights Act of 30 May 2014). The Lessor refunds the remaining part of the rental price and the unused part of the delivery cost within 14 days of receiving the statement, and refunds the Deposit in accordance with § 6 after the Equipment has been returned.
5. The right of withdrawal does not apply if the Lessor has fully performed the Agreement (the Rental Period has ended) with the express prior consent of the Consumer, who was informed before the start of the rental that they would lose the right of withdrawal once the Agreement had been performed, and acknowledged this.
6. If the Consumer already has the Equipment, the Consumer sends it back promptly, and no later than within 14 days of the day of withdrawal, in the return packaging, with the return label or return code from the Lessor. § 10 applies to the Equipment.
7. The Lessor makes refunds using the same method that the Consumer used, unless the Consumer agrees to another method that involves no cost for them.
8. In the event of withdrawal, the Agreement is deemed not to have been concluded.

§ 16. Sole Traders with Consumer Rights

1. The provisions of these Terms and Conditions relating to Consumers, including the right of withdrawal from the Agreement (§ 15), the time limits for handling complaints (§ 14) and protection against unfair contract terms, also apply to a Sole Trader with Consumer Rights.
2. In relation to Customers who are neither Consumers nor Sole Traders with Consumer Rights, the Lessor’s liability is limited to the amount of the rental price paid for the Equipment concerned, except for damage caused intentionally. [FOR LEGAL REVIEW]

§ 17. Out-of-court dispute resolution

1. A Consumer may use out-of-court means of handling complaints and pursuing claims, in particular the free assistance of a municipal or district consumer ombudsman or of consumer organisations (e.g. the Consumer Federation - Federacja Konsumentów), mediation conducted by the provincial inspectorate of the Trade Inspection, and the permanent consumer arbitration court at the provincial inspectorate of the Trade Inspection (for the Lessor: the Provincial Inspectorate of the Trade Inspection in Wrocław - Wojewódzki Inspektorat Inspekcji Handlowej we Wrocławiu).
2. Information on these means and procedures is available on the website of the Office of Competition and Consumer Protection (UOKiK): www.uokik.gov.pl.
3. Using out-of-court means of dispute resolution is voluntary. [TO DECIDE: whether the Lessor agrees to take part in such proceedings; this information must be provided in accordance with the Act on Out-of-Court Resolution of Consumer Disputes]
4. [FOR LEGAL REVIEW: the EU ODR platform ceased to operate on 20 July 2025, so these Terms and Conditions do not include a link to it]

§ 18. Personal data

The Lessor is the data controller of the Customers’ personal data. The rules for processing data, the rights of data subjects and information about cookies are described in the Privacy Policy.

§ 19. Final provisions

1. The Agreements are governed by Polish law, in particular the provisions of the Civil Code on rental (najem) and the Consumer Rights Act of 30 May 2014. This choice of law does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
2. Disputes with Consumers are resolved by the court having jurisdiction under the general rules. Disputes with Customers who are neither Consumers nor Sole Traders with Consumer Rights are resolved by the court having jurisdiction over the Lessor’s place of business.
3. The Lessor may amend these Terms and Conditions for important reasons, in particular changes in the law, in payment or delivery methods or in the scope of the Shop’s services. The Lessor publishes information about the amendment on the Shop’s website and sends it by e-mail to Account holders at least 14 days before the amendments take effect. Agreements concluded before the amendment are governed by the Terms and Conditions as worded on the day the order was placed.
4. These Terms and Conditions apply from [TO BE COMPLETED: publication date].

Annex 1. Model withdrawal form

(complete and return this form only if you wish to withdraw from the Agreement)

• To: Katarzyna Butler, ul. Kawalerzystów 28/3, 53-004 Wrocław, e-mail: [TO BE COMPLETED: shop e-mail address]
• I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) rental agreement for the following equipment: ……………………………………
• Order number: ……………………………………
• Date the agreement was concluded: ……………………………………
• Name of consumer(s): ……………………………………
• Address of consumer(s): ……………………………………
• Signature of consumer(s) (only if this form is sent on paper): ……………………………………
• Date: ……………………………………

(*) Delete as appropriate.