ONLINE SHOP TERMS AND CONDITIONS
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
- These Terms and Conditions define the rules and conditions for providing services by electronic means, including those related to the use of the Shop website, as well as the Seller’s and Customer’s rights, obligations and liability. These Terms and Conditions also contain the information, which the Seller shall provide to the Customer in accordance with the applicable laws, including the Act of 30 May 2014 on Consumer Rights (Polish Journal of Laws No. 827 of 2014, as amended).
- Each Customer should read and understand these Terms and Conditions. By starting shopping, the Customer accepts these Terms and Conditions.
- These Terms and Conditions are available on the Shop’s website and made available free of charge also before concluding a contract. At the Customer’s request, the Terms and Conditions are also made available in such a way that enable the Customer to download, reproduce and infix their contents by using the Customer’s ICT system (e.g. electronic mail).
1. Terms and Conditions: these Terms and Conditions;
2. Shop or Online Shop: the Online Shop run by the Seller at http://www.cottonsweets.pl/
3. Seller: Cotton&Sweets Spółka z ograniczoną odpowiedzialnością, a limited liability company, with seat at Sienna Street 17E/1, 05-825 Grodzisk Mazowiecki, NIP:5291808984;
4. Customer: a natural person who is eighteen years of age and has full legal capacity, a legal person and organisational unit without legal personality, which may acquire rights and contract obligations on its own behalf and which will enter into a legal relation with the Seller within the scope of the Shop’s activities. The Customer shall also be the Consumer, if there are no separate provisions relating to the Consumer for a given matter;
5. Consumer: the Customer being a natural person who enters into a legal transaction (makes purchase) with the Seller; such legal transaction being not associated directly with the Consumer’s business/ professional activity;
6. Goods or Products : the goods sold in the Shop and being a part of the Seller’s offer;
7. Contract/ Distance Contract: the Contract for purchasing the Goods, entered into as a result of the placement of the Order with the Shop by the Customer and the acceptance of the Order by the Seller;
8. Order: an instruction for purchasing the Product(s) given by the Customer by using means of technical communication;
9. Form: a script, a means of electronic communication, enabling the Order to be placed.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
- The Seller offers the following services provided by electronic means of communication by the Online Shop.
- The Seller provides its services by electronic means in accordance with these Terms and Conditions.
- In order to use the Shop website, it is necessary for the Customer to have a computer or other devices, providing Internet access and enabling the Customer to browse the Internet, and a valid and active e-mail account.
- The Customer is prohibited from providing any illegal content.
- Using the Shop website can pose security threats, such as spam, viruses and hacker attacks, enabled by Internet. The Seller shall take appropriate measures, in order to counteract such threats.
CHAPTER 3. PERSONAL DATA
- The Customers’ personal data is collected and processed by the Seller in accordance with applicable laws.
- Personal data may be processed by consent of the Customers themselves, as well as by virtue of the statutory authorisation to process personal data as provided for in the Personal Data Protection Act of 29 August 1997 (Polish Journal of Laws No. 1182 of 2014, as amended) and in the Act of 18 July 2002 on Providing Services by Electronic Means (Polish Journal of Laws No. 1422 of 2013, as amended).
- The Seller assures the Customers that their personal data will not be made available to any unauthorised entities. The Customers’ personal data may be made available to such entities, including competent authorities, that are entitled to receive such data by virtue of applicable laws.
- Detailed information, including the possibility of using the Shop’s website anonymously or through a nickname, technical means preventing an unauthorised access to and modification of personal data and processing personal data, is available at the Shop’s website.
CHAPTER 4. SALES
§ 1. Goods
- All the Products offered in the Shop are brand new and fault-free.
- Refer to the Shop’s website for the detailed descriptions of Goods.
- The Seller shall sell brand new and fault-free Goods.
- A guarantee or after sales services can be provided for the Goods. Refer to the Product description for the relevant detailed information.
§ 2. Orders and their execution
- The Order can be placed by filling in the Form available from the Shop website.
- The Customer shall thoroughly complete the Form, while stating all factually correct data and choose the method of payment and delivery.
- The Orders can be placed with the Shop 24 hours a day, 7 days a week. The Orders placed on Saturdays, Sundays and statutory holidays will be processed on the following working day.
- The Customer shall be confirm the Order placement by clicking the button/box marked “order with an obligation to pay”. The Seller will sent the Order confirmation to the e-mail address as indicated by the Customer.
- The Order execution time (i.e. until the dispatch date of the Goods ) is up to 14 working days.
§ 3. Payment
- All the prices of Goods stated at the Shop’s website are gross prices in Euro (all prices are inclusive of VAT). The prices of Goods do not include the costs referred to in clause 2 below. The Product price stated at the moment the Order is placed is binding upon both Parties.
- The costs of the Goods delivery (e.g. transport, delivery, postal services) and other possible costs shall be borne by the Customer. The amount of such costs can depend on the delivery method chosen by the Customer. The Customer is informed about such costs when placing the Order.
- The Customer may choose the method of payment:
- Payment before shipment (pre-payment ). After placing the Order, the Customer shall pay/ transfer money to the Shop’s bank account. The Order is executed after the Customer’s payment has been booked on the Shop’s bank account;
- Payment in cash on delivery (COD) is available only when destination country is Poland. In this case the Customer shall pay directly on delivery. The Order execution is started upon the Order’s acceptance.
- A proof of purchase is issued by the Shop for each Product sold and delivered to the Customer together with the Product(s).
§ 4. Delivery
- Unless otherwise agreed upon by the Parties, the Goods are sent to the address indicated by the Customer in the Form.
- The Goods are delivered by either a courier company or post operator, according to the Customer’s choice. The Goods shipped by the post operator should be delivered within 3 to 10 working days from the date of dispatch, whereas the Goods shipped by a courier company – within one working day from the date of dispatch.
- All associated items of equipment and instructions for use, maintenance and other documents as required by generally applicable laws shall be delivered together with the Goods by the Seller to the Customer.
§ 5. Additional information for the Consumer
- The Contract is not made for an indefinite period and will not be renewed automatically.
- The minimum duration of the Consumer’s contractual obligations is the term of the Contract, i.e. the time needed to pay for and collect the Goods.
- When using the Shop website, the Consumer is not obliged to pay any deposit or provide any other financial guarantees.
- The Seller does not follow the Code of Good Practice, referred to in art. 2, item 5 of the Act of 23 August 2007 on combating unfair market practices.
CHAPTER 5. LIABILITY
- Upon the release of the Goods to the Customer or a carrier, the benefits and burdens associated with the Goods, as well as the risk of accidental loss of or damage to the Goods shall pass to the Customer. When selling the Goods to the Consumer, the risk of accidental loss of or damage to the Goods shall pass to the Consumer upon the release of the Goods to the Consumer. The Goods are deemed as released if they have been handed over by the Seller to a carrier, if the Seller could not influence the Consumer’s choice of carrier.
- The Seller’s liability under statutory warranty is excluded in legal relations with the Customers.
- The Seller shall be liable to the Consumer, if the Product has either physical or legal defect (statutory warranty) as provided for in the Polish Civil Code (Polish Journal of Laws No. 121 of 2014, as amended), subject to the used movable items purchased by the Consumer, in which case, the Seller is liable under statutory warranty if any physical defect is found in the Product before the expiry of one year from the Product delivery to the Consumer.
CHAPTER 6. COMPLAINTS PROCEDURE
- Any complaints about the defects of the Goods, should be sent in writing by the Consumer to the Seller’s address. The Consumer can also inform the Seller about the complaint lodged via e-mail sent to the address: email@example.com.
- Each complaint should include a detailed description of the Product fault and the Consumer demand, as well as photographic documentation, if possible.
- The Seller undertakes to investigate the complaint within 14 days of receiving it. If the Seller fails to resolve the Consumer’s complaint within 14 days, it is deemed to have been admitted by the Seller.
- If the complaint is admitted, the Seller will take appropriate measures as demanded by the Consumer.
- It is possible to use out-of-court complaints and redress procedures in legal relations with the consumers.
CHAPTER 7. WITHDRAWAL FROM CONTRACT
- Either the Seller or the Customer may withdraw from the Contract in accordance with the rules as laid down in the Polish Civil Code (Polish Journal of Laws No. 121 of 2014 as amended).
- The Consumer shall have the right to withdraw from the Contract within 14 days from the receipt of the Goods.
- Refer to the instruction on the Shop’s website for information on the Consumer’s right to withdraw from the Contract.
- The Consumer shall not have the right to withdraw from the Contract with respect to the following contracts:
- for services, if the Seller has provided a service in full by express consent of the Consumer who had been informed, before the service was started, about the forfeiture of the Consumer’s right to withdraw from the contract after fulfilling the contractual obligation by the Seller;
- in which the contract price or remuneration depends on financial market fluctuations being beyond the Seller’s reasonable control and which may occur before the expiry of the period for withdrawal from the Contract;
- in which the Goods are non-prefabricated items manufactured as per the Consumer’s specification or used to satisfy the Consumer’s individual needs;
- in which the Goods are perishable food items or have a short shelf life;
- in which the Goods are delivered in a sealed packaging and may not be returned after unpacking due to health protection or hygienic reasons, if the packaging was opened after delivery;
- in which the Goods, due to their nature, are being inseparably connected with other items after delivery;
- in which the Goods are alcoholic beverages, whose price was agreed on the Contract conclusion and which may be delivered only after 30 days, with the value of such Goods depending on market fluctuations being beyond the Seller’s reasonable control;
- in which the Consumer expressly demands the Seller come to the Consumer to make an urgent repair or maintenance; if the Seller provides other services in addition to those demanded by the Consumer or delivers items and replacement parts other than those necessary for such repair or maintenance, then the Consumer shall have the right to withdraw from the Contract with respect to such additional services or items;
- in which the Goods are audio or video recordings or computer software delivered in a sealed packaging, if the latter was opened after delivery;
- for deliveries of newspapers, periodicals or magazines, except for subscription contracts;
- concluded by way of public auction;
- for accommodation services other than residential ones, transport of movables, car rental, catering, recreation, leisure, sports and cultural services, if the date or period of the service provision is specified in the contract;
- for providing digital content that is not recorded on any material carrier, if the Seller started to fulfil its contractual obligation by express consent of the Consumer, before the expiry of the period for withdrawal from the contract and after the Consumer was notified by the Seller of the Consumer’s forfeiture of the right to withdraw from the contract.
CHAPTER 8. MISCELLANEOUS PROVISIONS
- Any matters regarding legal relations with the Customers/ Consumers that are not covered by these Terms and Conditions shall be governed by generally applicable law.
- The Seller reserves the right to make any changes to these Terms and Conditions with the reservation that the version of the Terms and Conditions being in effect at the time of the Order placement shall apply to the contracts concluded before making such changes.
- Any departures from these Terms and Conditions should be made in writing otherwise being null and void.
- Any disputes between the Parties should be referred to the competent court to be determined according to the relevant regulations.