TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE ONLINE STORE "COCOBOWLS.PL"

§1 Preliminary provisions.

1. The Coco Bowls online store, available at www.cocobowls.pl, is run by Piotr Garbacki, conducting business activity, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, NIP 6642063956, REGON 369143469.

 

Headquarters address and online store address:

Tatrzańska 4, 27-200 Starachowice, POLAND

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online store and the rules and procedure for concluding Sales Agreements with the Customer remotely through the Store.

§2 Definitions.

1. Consumer - a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller - a natural person conducting business activity entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, NIP 6642063956 REGON 369143469
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, a legal person, and an organizational unit without legal personality, to whom a separate act grants legal capacity, conducting business activity on its own behalf, who uses the Store.
5. Store - an online store run by the Seller at the internet address www.cocobowls.pl.
6. Distance contract - a contract concluded with the Customer within an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the contract.
7. Regulations - these Store regulations.
8. Order - a declaration of will by the Customer made using the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account - a customer account in the Store, it collects data provided by the Customer and information about orders placed by them in the Store.
10. Registration form - a form available in the Store, enabling the creation of an Account.
11. Order form - an interactive form available in the Store allowing to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart - a software element of the Store, where the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product - a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a product sales agreement concluded or entered into between the Customer and the Seller through the online store. The Sales Agreement also means - according to the characteristics of the Product - a service agreement and a contract for work.

§3 Contact details.

1. Correspondence address: ul. Tatrzańska 4, 27-200 Starachowice
2. Seller's e-mail address: cocobowlswarsaw@gmail.com
3. Seller's phone number: 608092769
4. Seller's bank account number: ING Bank Śląski 10 1050 1025 1000 0092 5073 9365
5. The Customer can communicate with the Seller using the addresses and phone number provided in this paragraph.
6. The Customer can contact the Seller by phone during business hours.

§4 Technical requirements.

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:

a. an end device with Internet access and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera or Safari in the current version. To use some of the Store's functionalities, including placing Orders for Products, it is also necessary to have an active e-mail account. b. enabled "cookie" support
c. Flash plug-in installed.

§5 General information.

1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the online store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products available in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
3. The prices provided in the Store are in Polish zlotys and are gross prices (including VAT).
4. The final (total) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including transport fees, delivery, and postal services), of which the Customer is informed on the Store's pages during the ordering process, including at the moment of expressing the will to be bound by the Sales Agreement.
5. If the nature of the subject of the Agreement does not allow, in a reasonable assessment, for an earlier calculation of the final (total) price, information on how the price will be calculated, as well as on transport, delivery, postal services fees and other costs, will be provided in the Store in the Product description.

§6 Creating an Account in the Store.

1. To create an Account in the Store, you need to fill out the registration form. It is necessary to provide the following data: first name, last name, e-mail, and password.
2. Creating an Account in the Store is free.
3. Logging into the Account takes place by entering the login and password established in the registration form.
4. The Customer has the option at any time, without giving any reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§7 Rules for placing an Order.

To place an Order, you must:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the "Add to Cart" button;
3. log in or use the option to place an Order without registration;
4. if the option to place an Order without registration has been selected - fill in the Order Form by entering the recipient's data and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data, if they are different from the recipient's data;
5. click the “Confirm order” button;
6. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§8 Offered delivery and payment methods.

1. The Customer can use the following methods of delivery of the ordered Product:
a. Courier shipment,
b. Delivery of the Detox Set within Warsaw via Coco Bowls courier.
2. The Customer can use the following payment methods:
a. Bank transfer to the Seller's account
b. Electronic payments
c. Payment card payment
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's pages.

§9 Performance of the sales contract.

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the online store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail or SMS message to the e-mail address or phone number provided by the Customer during the ordering process, which contains at least the Seller's declarations of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment the Customer receives the above e-mail or SMS message, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses:
a. payment by bank transfer, electronic payments, or payment card, the Customer is obliged to make the payment on the day of concluding the Sales Agreement - otherwise the order will be canceled.
b. cash or card payment upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
4. If the Customer chose delivery via a Courier Company, the Product will be sent by the Seller within 7 working days from the crediting of funds to the Seller's account.
5. Product delivery is carried out only within Poland.

§10 Right of withdrawal from the contract.

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
3. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the expiry of this deadline.
4. The statement can be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement can also be submitted on a form, the template of which is Annex No. 1 to these Regulations and an annex to the Act of May 30, 2014, on consumer rights, but this is not obligatory.
5. In the event of the Consumer sending a statement electronically, the Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
6. Effects of withdrawal from the Agreement:
a. In the event of withdrawal from a distance contract, the Agreement is considered not concluded.
b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the Consumer's chosen method of delivery other than the cheapest ordinary method of delivery offered by the Seller.
c. The Seller shall refund payments using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to another solution that will not involve any costs for him.
d. The Seller may withhold the refund until the Product is received back or until proof of its return is provided, whichever occurs first.
e. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, this Product could not be sent back in the usual way by post.
g. The Consumer is liable only for the decrease in the value of the Product resulting from using it in a way other than what was necessary to ascertain the nature, characteristics, and functioning of the Product.
7. In the event that, due to the nature of the Product, it cannot be sent back by post in the usual way, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
8. The right to withdraw from a distance contract does not apply to the Consumer in relation to the Agreement:
a. in which the subject of the service is an item that is not prefabricated, manufactured according to the Consumer's specifications or serving to satisfy his individualized needs,
b. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Agreement,
f. in which the subject of the service are items that, after delivery, due to their nature, become inseparably connected with other items.

§11 Complaint.

1. The Sales Agreement covers new Products.
2. In the event of a defect in a product purchased from the Seller, the Customer has the right to file a complaint based on the provisions regarding warranty in the civil code.
3. In the event of a defect in a product purchased from the Seller, the Customer has the right to file a complaint based on the provisions regarding warranty in the civil code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
4. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations.
5. It is recommended that the complaint include, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer's data submitting the complaint, and the Customer's request in connection with the defect of the goods.
6. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer, and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer's request has been deemed justified.
7. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.

§12 Out-of-court methods of handling complaints and pursuing claims.

1. Detailed information regarding the Consumer's possibility to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following exemplary possibilities to use out-of-court methods of handling complaints and pursuing claims:
a. The Consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
c. The Consumer can obtain free assistance in resolving a dispute between him and the Seller by also using the free assistance of a district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

§13 Personal data in the online store.

1. The administrator of personal data of Customers collected through the online store is the Seller.
2. Personal data of Customers collected by the administrator through the online store are collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. The recipients of personal data of online store Customers may be:
a. In the case of a Customer who uses the postal or courier delivery method in the online store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary carrying out shipments on behalf of the Administrator.
b. In the case of a Customer who uses the electronic payment or payment card method in the online store, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the online store.
4. The Customer has the right to access their data and correct them.
5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations as necessary for the conclusion of the Sales Agreement results in the impossibility of concluding that agreement.

§14 Final provisions

1. Agreements concluded through the online store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e., changes in legal provisions, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights, the Act on the protection of personal data.
4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/