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, who conducts business activity, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economy, NIP 6642063956, REGON 369143469.

Registered office and online store address:

Tatrzańska 4, 27-200 Starachowice, POLAND.

2. These Terms and Conditions 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 through 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 in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP 6642063956 REGON 369143469
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, legal person, and organizational unit that is not a legal person, to which a separate act grants legal capacity, performing business activity on its own behalf, who uses the Store.
5. Store - the online store run by the Seller at the website 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 until the conclusion of the contract inclusive.
7. Terms and Conditions - these terms and conditions of the Store.
8. Order - a declaration of will of the Customer made using the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account - the customer's account in the Store, where data provided by the Customer and information about orders placed by them in the Store are collected.
10. Registration Form - a form available in the Store that allows creating an Account.
11. Order Form - an interactive form available in the Store that allows placing 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 - an element of the Store's software where Products selected by the Customer for purchase are visible, and it is also possible to determine and modify 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 to be concluded between the Customer and the Seller via the online Store. The Sales Agreement also includes - depending on the characteristics of the Product - a service agreement and a contract for specific work.

§3 Contact details.

1. Correspondence address: ul. Górnośląska 16, 00-432 Warsaw.
2. Seller's e-mail address: cocobowlswarsaw@gmail.com
3. Seller's phone number: 697804440
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 10:00-19:00.

§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,
b. an active email account,
c. "cookies" enabled
d. Flash plugin installed.

§5 General information.

1. To the fullest extent permitted by law, the Seller shall not be 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 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. Prices in the Store are given 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), which the Customer is informed about 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. When the nature of the subject of the Agreement does not allow, in a reasonable assessment, for the prior calculation of the final (total) price, information on how the price will be calculated, as well as on transport, delivery, postal service 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 of charge.
3. Logging into the Account is done by providing the login and password set in the Registration Form.
4. The Customer has the option to delete the Account at any time, without giving any reason and without incurring any fees, 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 need to:
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 chosen - fill out the Order Form by entering the recipient's details and the address to which the Product is to be delivered, select the type of shipment (delivery method of the Product), enter invoice details if they differ from the recipient's details;
5. click the "Confirm Order" button;
6. choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 item 3.

§8 Offered delivery and payment methods.

1. The Customer can use the following methods of delivery for the ordered Product:
a. Courier shipment,
b. Delivery of the Detox Set in 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. Credit card payment
3. Detailed information on delivery methods and accepted payment methods can be found on the Store's pages.

§9 Performance of the sales contract.

1. The conclusion of a 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 simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer an appropriate e-mail or SMS to the e-mail address or phone number provided by the Customer during the ordering process, which contains at least the Seller's statements about receiving the Order and accepting it for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail or SMS by the Customer, a Sales Agreement is concluded between the Customer and the Customer and the Seller.
3. If the Customer chooses:
a. payment by bank transfer, electronic payments, or credit 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 on delivery, 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 business days from the date of crediting the funds to the Seller's account.
5. Product delivery is available 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 them other than the carrier.
3. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal 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 period.
4. The statement can be sent via 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 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, however, this is not mandatory.
5. In the event of sending the statement by the Consumer electronically, the Seller will immediately send the Consumer 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 them, including the costs of delivering the goods, with the exception of additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
c. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution that will not involve any costs for them.
d. The Seller may withhold the refund of payment until receipt of the Product back or until proof of its return is provided, whichever occurs first.
e. The Consumer should send the Product back to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back 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 by ordinary mail.
g. The Consumer is liable only for any diminished value of the Product resulting from using it in a manner other than what was necessary to ascertain the nature, characteristics, and functioning of the Product.
7. If, due to the nature of the Product, it cannot be sent back by ordinary mail, information about this, as well as about 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 an Agreement:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their 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 spoils 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, they would 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 is items which, due to their nature, become inseparably connected with other items after delivery.

§11 Complaint.

1. The Sales Agreement covers new Products.
2. In the event of a defect in the goods 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 the goods 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 the warranty.
4. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations.
5. It is recommended to include, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer's details submitting the complaint, and the Customer's request in connection with the defect in 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 possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of municipal (county) consumer ombudsmen, 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 consumer arbitration court, referred to in Article 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 an Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 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 an amicable resolution of the dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance regarding the resolution of a dispute between them and the Seller, also by using the free assistance of a municipal (county) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers).

§13 Personal data in the online Store.

1. The administrator of personal data of Customers collected via the online Store is the Seller.
2. Personal data of Customers collected by the administrator via 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 performing shipments on behalf of the Administrator.
b. In the case of a Customer who uses electronic payment methods or credit card payment 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 and correct their data.
5. Providing personal data is voluntary, although failure to provide the personal data specified in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude such agreement.

§14 Final provisions

1. Agreements concluded via 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 about each change at least 7 days in advance.
3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on rendering electronic services; the Act on consumer rights, the Act on personal data protection.
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 online ODR platform available at: http://ec.europa.eu/consumers/odr/