COODO.PL ONLINE SHOP REGULATIONS
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ONLINE SHOP ELECTRONIC SERVICES 3. CONDITIONS FOR ENTERING INTO THE SALE AGREEMENT
4. METHODS OF PAYMENT FOR THE PRODUCT
5. DELIVERY AND COLLECTION TIME, METHODS AND COSTS
6. COMPLAINTS ABOUT THE PRODUCT 7. OUT OF COURT COMPLAINTS AND CLAIMS SETTLEMENT AND ACCESS TO OUT OF COURT PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
9. PROVISIONS FOR ENTREPRENEURS
10. FINAL PROVISIONS
11. TEMPLATE OF WITHDRAWAL FORM
Online Shop www.coodo.pl cares about consumer rights. The consumer can not waive the rights conferred on him by the Act on Consumer Rights. Those provisions of agreements which are less favorable to the consumer than the provisions of the Act on Consumer Rights will be void and the provisions of the Act on Consumer Rights shall be applied in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights bound by and conferred on them by the mandatory provisions of law and any arising doubts shall be explained in favor of the consumer. In the event of any non-compliance of these Regulations with the above cited legal provisions the priority is given to the legal provisions and they shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Shop available at the following internet address www.coodo.pl is run by Beata MIROS who is conducting business activity under the registered name of BEATA MIROS MANUFAKTURA which is entered in the CEIDG (Central Registration and Information on Business) of the Republic of Poland kept by the minister in charge of the economy, having: an address of the principal place of business and address for service: ul. Puławska 138A/2 02-624 Warszawa, NIP 7811743997, REGON 362409438, email: office@coodo.pl.
1.2. These Regulations are addressed both the consumers and business entities using the Online Shop (with the exception of point 9 of these Regulations, which is addressed only to business entities).
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data processed for the purposes, in the field and based on the principles outlined in the privacy policy published on pages Shop. Providing personal data is voluntary. Any person whose personal data processing service provider has the right to inspect their content and the right to update and correct.
1.4. Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday excluding statutory holidays.
1.4.2. REGISTRATION FORM - form available in the Online Shop that allows creation of an account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows placing orders, in particular by adding products to the electronic cart and determining the terms and conditions of the Sale Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity and also as a natural person with limited legal capacity in the cases provided for by the generally applicable legal regulations; (2) a legal person; or (3) an organizational unit without legal personality, which is granted statutory legal capacity; - who has entered into or intends to enter into a Sale Agreement with the Seller.
1.4.5. The CIVIL CODE – The Civil Code Act of 23 April 1964. (Journal of Laws of 1964 No. 16, item 93, as amended). [Dz.U. 1964 nr 16, poz. 93 ze zm.]
1.4.6. ACCOUNT - Electronic Service, tagged with an individual name (login) and password given by the Customer, collection of resources in the IT system of the Service Provider which collects data provided by the Customer and information submitted by the Customer on the Online Shop Orders.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider by email, which allows all Customers to automatically receive cyclical information of the subsequent newsletter editions from the Service Provider including information about products, novelties and promotions in the Online Shop.
1.4.8. PRODUCT – a movable item available in the Online Shop which is the object of the Sale Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - the regulations of the Online Shop.
1.4.10. ONLINE SHOP – an online shop of the Service Provider available at: www.coodo.pl.
1.4.11. SELLER; SERVICE PROVIDER - BEATA MIROS who is conducting business activity under the registered name of BEATA MIROS MANUFAKTURA which is entered in the CEIDG (Central Registration and Information on Business) of the Republic of Poland kept by the minister in charge of the economy, having: an address of the principal place of business and address for service: ul. Puławska 138A/2 02-624 Warszawa, NIP 7811743997, REGON 362409438, email: office@coodo.pl.
1.4.12. SALE AGREEMENT - product sale agreement to be concluded or concluded between the Customer and the Seller via the online shop.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the online shop.
1.4.14. SERVICE USER - (1) a natural person with full legal capacity and also as a natural person with limited legal capacity in the cases provided for by the generally applicable legal regulations; (2) a legal person; or (3) an organizational unit without legal personality, which is granted statutory legal capacity; - using or intending to use the Electronic Service.
1.4.15. ACT ON CONSUMER RIGHTS, ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER - Customer declaration of intent submitted by the Order Form and aimed directly at entering into a Sale Agreement with the Seller.
2. ONLINE SHOP ELECTRONIC SERVICES
2.1. The Online Shop offers the following Electronic Services: Account, Order Form and Newsletter.
2.1.1. Account - the use of the account is possible after completing a total of two consecutive steps by the Service User - (1) filling out the Registration Form, (2) clicking on the "Register" icon. The Registration Form requires the Service User to provide the following information: name and surname /company name, e-mail address and password.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User is provided with the possibility to remove the Account (resignation from the Account) at any time and for no reason by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: office@coodo.pl or in writing to the following address: ul. Puławska 138A/2 02-624 Warszawa.
2.1.2. Order Form – the use of the Order Form commences with adding a first Product to an electronic shopping cart in the Online Store by the Customer. Placing an order commences after completing a total of two consecutive steps by the Service User - (1) after completing the Order Form and (2) after filling the Order Form, clicking on the icon ‘Order with payment obligation’ in the Online Shop - from this step onwards there is a possibility of self-modification of input data (to do this, follow the prompts and information available in the Online Shop). The Registration Form requires the Service User to provide the following information: name and surname /company name, address (street, house and flat number, zip code, city, country), email address, telephone number and information regarding the Sale Agreement: Product /s, the number of Product /s, place and manner of delivery of the Product /s, method of payment. In case of Customers who are not consumers providing the company name and NIP tax identification number is required.
2.1.2.1. Order Form Electronic Service is one-off and free of charge and is terminated at the time of placing the Order via the Order Form or upon earlier termination of placing the Order via the Order Form by the Service User.
2.1.3. Newsletter - use of the newsletter commences after entering an e-mail address, to which the subsequent editions of the Newsletter will be sent, in the tab ‘Newsletter’ which is visible in the Online Shop and clicking the icon ‘Save’.
2.1.3.1. Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User has the possibility, at any time and for any reason, unsubscribe from the newsletter (cancel the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: office@coodo.pl or in writing to the address: ul. Puławska 138A/2 02-624 Warszawa.
2.2. The technical requirements necessary to work with the ICT system which is used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome 23.0. and higher, Safari 5.0 and higher; (4) The recommended minimum screen resolution of 1024x768; (5) enabling saving cookie files in the web browser and enabling support of Javascript.
2.3. The Service User is obliged to use the Internet Shop in a manner consistent with the law and morality with respect for personal rights, copyright and intellectual property of the Service Provider and third parties. The Service User is obliged to enter data consistent with the facts. The Service User is obliged not to deliver data and information of illegal character.
2.4. Complaint procedures:
2.4.1. Complaints related to the procurement of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding Product complaint procedures, which has been indicated in point 6) may be filed by the Service User in the following manner:
2.4.2. in writing to the address: ul. Puławska 138A/2 02-624 Warszawa;
2.4.3. in electronic form via e-mail to the following address: office@coodo.pl;
2.4.4. It is recommended that the complaint description of the Service User included: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of the occurrence of the defects; (2) Service User claim; and (3) the contact details of the Service User - which will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements listed in the previous sentence have the form of recommendations only and do not affect the effectiveness of the complaint made without the recommended description of the complaint.
2.4.5. Response to the complaint by the Service Provider shall be immediate, not later than 14 calendar days from the date of its filing by the Service User.
3. CONDITIONS OF ENTERING INTO THE SALES AGREEMENT
3.1. Conclusion of the Sale Agreement between the Customer and Seller commences after the Customer places an orders using the Order Form in the Online Shop in accordance with point 2.1.2 of these Regulations.
3.2. Product price presented in the Online Shop is given in Polish zloty and include taxes. The Customer is informed about a total price of the Product which is the subject of the Order including taxes, as well as the delivery costs (including charges for transport, delivery and postal services) and other costs and if it is not possible to determine those fees – the Customer is informed about an obligation to cover the costs on the webpage of the Online Shop when placing an order including also the moment of expression to be bound by the Sales Agreement by the Customer.
3.3. The procedure of entering into the Sale Agreement in the Online Shop with the use of the Order Form
3.3.1. Conclusion of the Sale Agreement between the Customer and the Seller commences after prior submission of an order in the Online Shop by the Customer in accordance with paragraph. 2.1.2 of these Regulations.
3.3.2. After placing an order the Seller shall immediately confirm receipt of the Order and at the same time acceptance of its realization. Confirmation of receipt of the order and acceptance of its realization commences on sending by the Seller to the Customer an appropriate e-mail message to the specified e-mail of the Customer given when placing an order which shall include at least a
the Seller’s statement of Order receipt and acceptance of its realization and confirmation of concluding the Sale Agreement. Upon receipt of the above e-mail message by the Customer the Sale Agreement between the Customer and the Seller is concluded.
3.4. Consolidation, securiting and providing the Customer with the content of the concluded Sale Agreement is realized by (1) placing these Regulations on the website of the Online Shop and (2) sending the Customer an e-mail message referred to in point. 3.3.2. of these Regulations. The content of the Sale Agreement is further consolidated and protected in a computer system of the Online Shop of the Seller.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment under the Sale Agreement:
4.1.1. Payment by bank transfer to the Seller’s bank account [PLN or EUR]
4.1.2. Electronic payments and credit card payments through PayPal.com site (for foreign payments) - possible current payment methods are specified on the Online Store tab information on payment methods and on the website https://www.paypal.com/pl .
4.1.2.1. Settlement of transactions and electronic payments by credit card are carried out in accordance with the choice of the customer through the service PayPal.pl. Handling electronic payments and credit card leads:
4.1.4.1.1. PayPal.com - a company PayPal (Europe) S.à amp; & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.2. Date of payment:
4.2.1. If the Customer chooses to pay by bank transfer the Customer is obliged to make the payment within 2 calendar days from the date of concluding the Sale Agreement.
5. DELIVERY AND COLLECTION TIME, METHODS AND COSTS
5.1. Product delivery is available on the territory of the European Union
5.2. Delivery of the Product to the Customer is paid, unless the Purchase Agreement provides otherwise. Product delivery costs (including fees for transportation, delivery and postal services) are indicated to the Customer on the webpage of the Online Shop in the information tab on the cost of delivery and also at the time of the placing the order, including also the moment of expression to be bound by the Sales Agreement by the Customer.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following ways of delivery or collection of the Product:.
5.4.1. Courier delivery paid by bank transfer or Paypal.
5.5. The term of delivery of the Product to the Customer is up to 8 Working Days (domestic delivery) or 14 working days (international delivery), unless the description of the Product or information given during the order placing specifies a shorter period. In case of Products with different delivery times, the delivery date is the longest term given, however, the total delivery date of the Product shall not exceed 8 Working Days (domestic delivery) or 14 working days (international delivery). The commencement of the term of delivery of the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses to pay by bank transfer - from the date of crediting the bank account or holding account of the Seller.
5.6. The term of readiness of the Product to be collected by the Customer - If the Customer chooses the personal collection of the Product the product will be ready for collection by the Customer within 3 Business Days, unless the description of the Product or information given during the order placing specifies a shorter period. In case of products with different collection dates, the readiness of collection shall be the longest specified term, which may not exceed 3 Days. The Customer shall be additionally informed by the Seller about the readiness of the Product to be collected. The commencement of the term of readiness of collection of the Product by the Customer is calculated as follows:
5.6.1. If the Customer chooses to pay by bank transfer from the date of crediting the bank account or holding account of the Seller.
6. COMPLAINTS ABOUT THE PRODUCT
6.1. In case the sold Product has a natural or legal defect (a warranty) the basis and scope of liability of the Seller towards the Customer are defined in the generally applicable legal regulations, in particular in the Civil Code. In case of the Sale Agreements entered into until 24th December 2014 due to the non-compliance of the Product with the Sale Agreement the basis and the scope of liability of the Seller towards the Customer, who is a natural person and who purchases the Product for the purpose unrelated to the professional or business activities, are set out in the generally applicable legal regulations, in particular the Act of 27th July 2002 on special conditions of consumer sale and amendment of the Civil Code (Journal of Laws of 2002 No. 141, item. 1176, as amended).
6.2. The Seller is obliged to provide the Customer with Product without defects. Detailed information concerning the liability of the Seller in respect of Product defects and Customer rights are set out on the webpage of the Online Store in the information tab concerning the complaint.
6.3. The complaint may be filed by the Customer in the following ways:
6.3.1. in writing to the address: ul. Puławska 138A/2 02-624 Warszawa;
6.3.2. in electronic form via e-mail to the following address: office@coodo.pl;
6.4. It is recommended that the complaint description of the Customer included: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defects; (2) demand to bring the product into compliance with the Sale Agreement or a price reduction claim or withdrawal from the Sale Agreement; and (3) the contact details of the Customer - which will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements listed in the previous sentence have the form of recommendations only and do not affect the effectiveness of the complaint made without the recommended description of the complaint.
6.5. The Seller will address the Customer’s complaint immediately, not later than 14 calendar days from the date of its filing. No response of the Sellers within the above specified term shall be tantamount to acceptance of the complaint by the Seller.
6.6. The Customer who exercises the right of warranty, is obliged to deliver the defective product to the following address of the Seller at the expense of the Seller: ul. Narbutaa 4 lok.B, 02-534 Warszawa. If due to the nature of the Product or the method of its installation delivering the Product by the Customer would be extremely difficult, the Customer is obliged to provide the product to the Seller in the place where the product is located.
7. OUT OF COURT COMPLAINTS AND CLAIMS SETTLEMENT AND ACCESS TO OUT OF COURT PROCEDURES
7.1. Detailed information on the possibility of the Customer who is a consumer of out of court complaints and claims settlement and access to out of court procedures is available on the premises and on the websites of: the provincial (municipal) Consumer Advocate, social organizations whose statutory tasks include consumer protection, Voivodeship Trade Inspection and also under the following website addresses of the Office for Competition and Consumer Protection:
7.2. The Customer who is a consumer possesses the following exemplary possibilities of using the out of court complaints and claims settlement:
7.2.1. The Customer is entitled to turn to the permanent arbitration consumer court as referred to in Article 37 of the Act of 15th December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item. 25, as amended) together with a petition for resolution of a dispute arising from the concluded Sale Agreement. The regulations of organization and operation of the permanent arbitration consumer courts is determined by the ordinance of the Minister of Justice of 25 September 2001 on the regulations of organization and operation of the permanent arbitration consumer courts (Journal of Laws 2001, No. 113, item. 1214).
7.2.2. The Customer is entitled to turn to the voivodeship inspector of the Trade Inspection in accordance with Article 36 of the Act of 15th December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item. 25, as amended) together with a petition for initiation of mediation proceedings on the amicable dispute settlement between the Customer and the Seller. Information on the regulations and mode of mediation procedure conducted by the voivodeship inspector of the Trade Inspection is available on the premises and on the websites of the individual Voivodeship Inspectorates of the Trade Inspection.
7.2.3. The Customer can obtain free of charge aid in the dispute settlement between the Customer and Seller also with the use of the free assistance of the provincial (municipal) Consumer Advocate or social organizations whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the following email address: porady@dlakonsumentow.pl and by the Association of Polish Consumers under a toll free consumer helpline: 800 889 866.
7.3. An online platform about online dispute resolution between consumers and businesses at the EU level (the ODR platform) is available at https://ec.europa.eu/consumers/odr . The ODR platform is an interactive and multilingual website with one-stop service for consumers and businesses seeking an out of court dispute settlement of contractual obligations arising from an online sales or service agreement.
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
8.1. A consumer who has a concluded an agreement at a distance may withdraw from the agreement within 14 calendar days without giving any reason and at no cost with the exception of costs referred to in point 8.8 of these Regulations. To meet the deadline of withdrawal it suffices to send a withdrawal statement before its expiry. A withdrawal statement may be filed, for example:
8.1.1. in writing to the address: ul. Puławska 138A/2 02-624 Warszawa;
8.1.2. in electronic form via e-mail to the following address: office@coodo.pl;
8.2. An exemplary template of withdrawal form is included in Annex 2 to the Act on Consumer Rights and is also available in point 11 of these Regulations and on the website of Internet Shop in the tab ‘Return & Exchange’. The consumer may use the exemplary form, yet its use is not mandatory.
8.3. The time limit of withdrawal runs from:
8.3.1. for an agreement after whose conclusion the Seller delivers the product and is obliged to transfer the product’s ownership (e.g. Sales Agreement) - from the moment of possession of the Product by the consumer or a third party designated by the consumer other than the carrier; and in case of an agreement which: (1) includes large number of Products that are delivered separately, in batches or in parts – from the moment of possession of the last Product, last batch or last piece or (2) is based on the regular supply of Products for a limited time - from the moment of possession of the first of the Products;
8.3.2. for other agreements - from the date of entering into the agreement.
8.4. In the event of withdrawal from an agreement concluded at a distance the agreement is considered to be null and void.
8.5. The Seller shall immediately, not later than 14 calendar days from the date of receipt of the withdrawal statement from the sales agreement by the consumer, reimburse the consumer with all incurred payments, including the cost of delivery of the Product (with the exception of the additional costs resulting from the Customer's chosen method of delivery other than the cheapest usual delivery available in the Online Shop). The Seller shall reimburse the payments with the use of the same payment method which was used by the consumer, unless the consumer has expressly agreed to a different way of return, exempted from covering the costs by the consumer. If the Seller shall not suggest to collect a Product from a consumer individually he may withhold the reimbursement of payments received from the consumer until the receipt of the Product or confirmation of Product dispatch by the consumer depending on which event occurs first.
8.6. The consumer is obliged to return the Product to the Seller or hand the Product to a person authorized by the Seller to its reception, immediately, not later than 14 calendar days from the date of withdrawal from the Sale Agreement, unless the Seller suggests that he shall collect the product individually. In order to meet the deadline it suffices to return the Product prior to the deadline expiration. Consumers may return the Products to the following address:ul. Puławska 138A/2 02-624 Warszawa.
8.7. The consumer is liable for any diminishing of value of the Product as a result of its use beyond what is necessary to establish the nature, character and functioning of the Product.
8.8. The possible costs related to the withdrawal from the agreement by the consumer, which the consumer is obliged to cover may include:
8.8.1. If the consumer has chosen a method of Product delivery other than the cheapest usual delivery available in the Online Shop, the Seller shall not be obliged to reimburse the consumer with the incurred additional costs.
8.8.2. The consumer shall bear the direct cost of returning the Product.
8.8.3. If the consumer has taken advantage of the free delivery of one or more Products, subject to the condition value of the order is exceeding the specified amount of money, the consumer will be charged cost of delivery, if as a result of withdraw from the agreement only for part of the Order, the price finally paid by the consumer will be lower than the amount required to obtain a free
8.8.4. If case the Product is a service, the execution of which - at the express request of the consumer – commenced prior to elapsing of agreement withdrawal deadline, the consumer who exercises the right to withdraw from the agreement after filing such a request, is obliged to pay for the services rendered until withdrawal from the agreement. The amount due is calculated in proportion to the services rendered including the price or remuneration agreed on in the agreement. If the price or remuneration is excessive, the basis for calculating the amount due shall be market value of the services rendered.
8.9. The right of withdrawal from a distance agreement is not granted to the consumer in respect of the following agreements:
8.9.1. (1) rendering of services if the Seller rendered the service in full with the express consent of the consumer, who has been informed by the Seller before commencement of the service that after the service has been delivered the consumer will lose the right to withdraw from the agreement; (2) in which the price or remuneration depends on financial market fluctuations over which the Seller has no control and which may occur before the elapsing of the agreement withdrawal deadline; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the specifications of the consumer or in order to satisfy the personalized needs of the consumer; (4) in which the subject of the service is a Product undergoing rapid decay or having a short expiration date; (5) in which the subject of the service is a Product delivered in a sealed container, which after opening cannot be returned due to health safety or hygiene reasons; (6) in which the subject of the service are Products which after delivery, due to their nature, are inextricably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which has been agreed at the conclusion of the Sale Agreement and the supply of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer has specifically demanded that the Seller visited the consumer in order to make urgent repairs or maintenance; if the Seller renders other services than the performance of which the consumer demanded or delivers Products other than spare parts necessary for repair or maintenance, the right of withdrawal from the agreement is granted to the consumer in respect of additional services or products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for delivering newspapers, periodicals or magazines with the exception of subscription agreements; (11) contained on a public auction; (12) for the provision of accommodation services other than for residential purpose, the carriage of goods, car rental, catering, services related to leisure activities, entertainment, sports or cultural events, if the agreement specifies an exact date or period of service performance; (13) for the supply of a digital content which is not stored on a tangible medium if the service performance has begun with the express consent of the consumer before the agreement withdrawal deadline and after being informed by the Seller about the loss of the right of withdrawal from the agreement.
9. PROVISIONS FOR ENTREPRENEURS
9.1. This section of these Regulations and its provisions applies only to Customers and the Service Users who are not consumers.
9.2. The Seller has the right to withdraw from the Sale Agreement concluded with the Customer who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the Sale Agreement in this case may be effected without giving any reason and does not give rise to any claims against the Seller on the side of the Client.
9.3. In case of Customers who are not consumers the Seller has the right to restrict the available methods of payment, including requiring prepayment in whole or in part regardless of the method of payment chosen by the Customer and the fact of entering into a Sale Agreement.
9.4. At the moment of issuing the Product by the Seller to the carrier the benefits and burdens associated with the Product and the risk of accidental loss or damage of the Product is transferred to the Customer who is not a consumer. In this case the Seller is not responsible for loss, detriment or damage to the Product resulting from the moment of its acceptance to delivery and handing it to the Customer and for delay in the delivery of the consignment.
9.5. In case of sending the Product to the Customer via a carrier the Customer who is not a consumer is obliged to examine the consignment in time and in the manner customary for consignments of this kind. If the Customer finds that during the transport there was a loss or damage to the Product the Customer is obliged to perform all actions necessary to determine the liability of the carrier.
9.6. According to the Article 558 § 1 of the Civil Code the liability of the Seller under the warranty for the Product with regard to the Customer who is not a consumer is waived.
9.7. In case of the Service Users who are not consumers the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by way of sending the Service User an appropriate statement.
9.8. The liability of the Service Provider/ Seller in relation to the Service User/ Customer who is not a consumer regardless of its legal basis is limited - both for a single claim, as well as for any claims in total - to the amount of the price paid and delivery costs in respect of the Sale Agreement, however not more than the amount of one thousand Polish złoty. The Service Provider/ Seller shall be liable in relation to the Service User/ Customer who is not a consumer only for typical damage predictable at the time of conclusion of the agreement and shall not be liable for loss of profit in relation to the Service User/ Customer who is not a consumer.
9.9. Any dispute arising between the Service Provider/ Seller and the Service User/ Customer who is not a consumer shall be subjected to the competent court having jurisdiction over the seat of theService Provider/ Seller.
10. FINAL PROVISIONS
10.1. Agreements concluded via the Online Shop are concluded in the Polish language or the English language
10.2. Changes in the Regulations:
10.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Regulations.
10.2.2. In case of entering into continuous agreements on the basis of these Regulations (e.g. provisions of Electronic Services - Account) the amended regulations bound the Service User if the requirements specified in Article 384 and 384 [1] of the Civil Code were met, i.e., the Service User has been properly informed about the changes and has not withdrawn from the agreement within 14 calendar days from the date of notification. In the event when a change of the Regulations resulted in the introduction of any new fees or increase of the existing ones the Service User who is a consumer has the right to withdraw from the contract.
10.2.3. In case of the conclusion of agreements of a different nature than the continuous on the basis of these regulations (e.g. Sale Agreement) amendments to the Regulations shall in no way prejudice the rights acquired by the Service Users/ Customers who are consumers prior to the entry into force of the Regulations’ amendments, in particular the Regulations’ amendments shall not have the impact on the already orders placed or entered into, implemented or concluded Sale Agreements.
10.3. Generally applicable provisions of the Polish law apply to the issues not regulated herein, in particular the Civil Code; Act on electronic services of 18th July 2002 (Journal of Laws of 2002 No. 144, item. 1204, as amended.); for Sale Agreements concluded by 24th December 2014 with Customers which are consumers - the legal provisions on protection of consumer rights and liability for damage caused by a dangerous product of 2nd March 2000 (Journal of Laws of 2000, No. 22, item. 271, as amended) and the Act on special conditions of consumer sale and amendment to the Civil Code of 27th July 2002 (Journal of Laws of 2002, No. 141, item. 1176, as amended); for Sale Agreements concluded between 25th December 2014 with Customers which are consumers - the legal provisions on consumer rights of 30th May 2014 (Journal of Laws 2014, item 827 as amended); and other relevant provisions of applicable laws.
11. TEMPLATE OF WITHDRAWAL FORM
(ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)
Template of withdrawal form
(This form should be completed and returned only in case the Customer wishes to withdraw from the agreement)
- Recipient:
BEATA MIROS MANUFAKTURA
ul. Puławska 138A/2 02-624 Warszawa
coodo.pl
office@coodo.pl
- I / We (*) hereby give notice on my/our withdrawal from the sale agreement of the following items (*) agreement for the supply of the following items (*) contract of specified work consisting in performing the following things (*)/provision of the following service (*)
- Date of the agreement (*)/collection (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is sent on paper)
- Date
(*) Delete as appropriate.
English