Terms & Conditions

1. Definitions

 

1.1 Regulations - these Regulations set out the rules for concluding distance sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the parties to the Distance Sales Contract and the rules for complaint proceedings. In terms of services provided electronically, the Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.

 

1.2 Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity to, which concludes a Distance Sale Contract with the Seller.

 

1.3 Consumer - an adult natural person with full legal capacity, making a purchase in the Online Store not related directly to her/his business or professional activity. The provisions regarding the Consumer contained in these Regulations apply to a natural person concluding a contract directly related to her/his business activity, when the content of this contract shows that the contract does not have a professional character for that person, resulting in particular from the subject of her/his business activity, provided on the basis of the provisions on the Central Register and Information on Economic Activity. The seller will verify each time whether the contract concluded by a natural person exercising the rights conferred by these Regulations to the consumer and directly related to his/her business activity is of a professional nature for that person - which in particular takes place through the analysis of the PKD codes indicated in the Central Register and Information on Economic Activity.

 

1.4 A natural person running a sole proprietorship business who makes a purchase of a non-professional nature - a natural person concluding a Distance Sale Contract directly related to her/his business activity, if the content of this contract shows that it does not have a professional character to this person, resulting in particular from the subject of the performed business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity, who has the right to: withdraw from the contract on the terms granted to Consumers, apply the provisions on prohibited clauses used in contract templates and on liability for warranty for defects of the object sold.

 

1.5 Seller - COSIBELLA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Tel. 226022832, NIP 5223180504, zamowienia@cosibella.pl, NIP 5223180504, REGON 385746050.

 

1.6 Address of the Seller's registered office - Jutrzenki 177, 02-231 Warsaw.

 

1.7 Online Store - a website run by the Seller, available at the following e-mail address: cosibella.pl through which the Customer can obtain information about the Goods and their availability, and purchase the Goods or order the provision of a service.

 

1.8 Distance sale contract - a contract for the sale of Goods/provision of services/delivery of digital content (if applicable), concluded via Online Store.

 

1.9 Goods - a movable item that the Customer may purchase in the Online Store.

 

1.10 Privacy and cookie policy of the Online Store - a document specifying detailed rules for the processing of personal data and the use of cookies. The privacy and cookies policy constitutes an Annex 3 to the Regulations and is available at https://cosibella.pl/pol-privacy-and-cookie-notice.html.

 

1.11 Durable medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to her/him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used and which allows the stored information to be reproduced unchanged, in particular e-mail correspondence.

 

1.12 Sending the order - confirming the order by clicking the "Order with payment obligation" button by the Customer, which is considered Customer’s submission of the binding declaration of the will to conclude a Distance Sale Contract with the Seller.

 

1.13 Account - a set of data stored in the Online Store and in the Seller's IT system regarding a given Customer and orders placed by her/him and Distance Sales Contracts concluded by her/him, through which the Customer may place orders, and in due time - cancel or edit and conclude Distance Sales Contracts.

 

1.14 Order handling assessment and assessment of individual goods - subjective statements and assessment awarded by the Customer in the form of 1 to 5 stars for the Online Store after the Order has been completed.

 

 

2. General provisions

 

2.1 Types and scope of services provided electronically:

 

2.1.1 concluding Online Sales Contracts - for Goods sold in the Online Store,

 

2.1.2 the rules for registering and using the Account as part of the Online Store,

 

2.1.3 adding opinions, comments and assessment - the customer can add an opinion or comment to his order,

 

2.1.4 sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for processing.

 

2.2 Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

 

2.2.1 web browsers, i.e. Firefox, Chrome, Internet Explorer in the current version,

 

2.2.2 any program for viewing files in PDF format.

 

2.3 The content provided on the website of the Online Store, including descriptions of Goods and prices, is an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. They become binding - for the purposes of concluding a specific contract - when the Customer places the order, which takes place by clicking the "Order with payment obligation" button.

 

2.4 The Seller provides these Regulations together with the Annexes via a link on the main page before concluding the Distance Sale Contract, during it and after its completion. The buyer can download it and print it out.

 

2.5 In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.

 

 

3. Orders

 

3.1. Placing an order in the Online Store can be made via the Account or you can choose the option of purchasing without registration.

 

3.2 The purchase is made by completing the Electronic Order Form available on the Online Store website. The selection of the ordered goods is made by adding them to the basket. The electronic order form specifies, among others what Goods, at what price and the quantity the Customer wants to order to the location indicated by her/him. The customer takes appropriate technical steps based on the displayed messages.

 

3.3 After the Customer has provided all the necessary data, a summary of the placed order will be displayed. The order summary will contain information on: Seller's identification data, subject of the order, unit and total price of the ordered Goods, including delivery costs and other, if any, selected payment method, selected delivery method, time and delivery costs.

 

3.4 If the subject of the contract is the delivery of digital content that is not stored on a tangible medium or services provided electronically or remotely - the Consumer in an additional checkbox, required to place an order and located on the Electronic Order Form, agrees: "I consent to the delivery of digital content that is not recorded on a tangible medium or for the commencement of the service before the expiry of 14 days from the date of conclusion of the contract and I acknowledge that I have not got the right to withdraw from the contract ". The seller will confirm the receipt of the above-mentioned consent by e-mail.

 

3.5 In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the content of the Regulations, send the order by pressing the "Order with payment obligation" button.

 

3.5.1 Sending the Electronic Order Form by the Customer is a binding declaration of the will to conclude a Distance Sales Contract, in accordance with the content of these Regulations.

 

3.5.2 The distance sales contract is deemed to be concluded at the time when the Seller accepts the Electronic Order Form, which is confirmed by displaying to the Buyer a message confirming the acceptance of the order and providing its number.

 

3.5.3 After concluding the Distance Sales Contract, the Customer receives an e-mail confirmation of the order containing: confirmation of the order and containing the final confirmation of all essential elements of the Order and the general conditions of the concluded Distance Sales Contract (Online Store Regulations with Annexes 1 and 2), the Seller's data, the Seller's liability for the quality of the service, the services provided by the Seller after the sale, and the method and consequences of withdrawing from the contract. Information on the method and consequences of withdrawing from the contract is included in Annex 2.

 

3.5.4 Until the Seller commences order processing:

 

3.5.4.1 The Customer may change her/his order using the technical solution available on the Electronic Order Form website and by going through the entire ordering procedure again. The order is changed by submitting a new one, which replaces the one previously placed. Alternatively, the payment made by the Customer is settled against the new order, and in the event of an overpayment, it is returned to the bank account from which the payment was made.

 

3.5.4.2 The Customer may cancel his order by selecting the "cancel order" option available on the Electronic Order Form page.

 

3.5.5 If the Customer cancels the order, the Seller shall refund the payment received within 3 business days. The payment will be reimbursed using the same method of payment as used by the Customer.

 

3.5.6 Order due date is from 1 to 45 business days from the date of concluding the contract.

 

 

4. Payment

 

4.1 The Online Store offers the option of making prepayment, cash on delivery.

 

4.2 Payment for the goods can be made in the manner selected at the time of placing the order on the Electronic Order Form.

 

4.3 Currently available payment methods in the form of prepayments in the Online Store are available at https://cosibella.pl/pol-payments.html.

 

 

5. Delivery

 

5.1 The Customer selects the delivery method on the Electronic Order Form by marking the choice made. The Seller reserves the right to change the method of delivery chosen by the Customer at no additional cost to the Customer.

 

5.2 If the Customer fails to collect the Goods, which will result in the return of the Goods to the Seller - the Seller may withdraw from the sales contract. Withdrawal from the contract takes place by submitting a declaration to the Customer in the form of an e-mail.

 

5.3 In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.

 

5.4 Delivery methods currently available in the Online Store are available at https://cosibella.pl/pol-delivery.html.

 

 

6. Withdrawal from the contract

 

6.1 A Buyer who is a Consumer who has concluded a Distance Sale Contract may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Sale Contract - the contract is considered void.

 

6.4 If it is considered that the purchase of the Goods in the Online Store made by a natural person concluding a contract directly related to its business activity was of a professional nature - the Seller immediately, i.e. not later than within 3 working days from receiving the declaration of withdrawal - informs the person submitting the declaration that due to the professional nature of the purchase made - there is no right to withdraw, and therefore the submitted declaration of withdrawal from the contract - has no legal effects. If the Goods are returned with the declaration of withdrawal from the contract - the Goods will be sent back at the expense of the person submitting the statement and to the address data previously provided in the Order. The Seller's response will be given using the same method as used by the person submitting the statement.

 

6.5 In the event of withdrawal from the contract - the Consumer bears only the direct costs of returning the Goods.

 

6.6 The Consumer's statement must clearly express her/his will to withdraw from the contract, in particular, the Consumer may:

 

6.6.1 withdraw from the contract using the withdrawal form, which constitutes Annex 1 - by sending it to the address of the Seller's registered office.

 

6.6.2 The Seller shall immediately confirm on a Durable Medium the fact of receiving the declaration of withdrawal from the contract submitted in the manner indicated in p.1 and 2.

 

6.7 To meet the deadline, it is enough to send a statement before its expiry.

 

6.8 The period for withdrawal from the contract begins:

 

6.8.1 for a contract in performance of which, the Seller delivers an object, being obliged to transfer its ownership - from the moment the Consumer or a third party designated by her/him, other than a carrier took possession of the goods and in the case of a contract which:

 

6.8.1.1 includes many objects which are delivered separately, in batches or in parts – from the moment of taking possession of the last object, batch or part;

 

6.8.1.2 consists in regular delivery of objects for a specified period of time - from taking possession of the first object;

 

6.8.2 for other contracts - from the date of concluding the contract.

 

6.9 The form of the declaration of withdrawal from the contract (Annex No. 1 to these Regulations) and information on the exercise of the right to withdraw from the contract (Annex No. 2 to these Regulations) are provided in electronic form indicated in III point 5 point 3 of these Regulations.

 

6.10 The right to withdraw from a Distance Sales Contract does not apply to the contracts referred to in art. 38 of the Act of 30.05.2014 (Journal of Laws of 2019, item 134) on consumer rights, inter alia, contracts:

 

6.10.1 in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

 

6.10.2 for which the subject of the service is a non-prefabricated item, manufactured according to the Customer's specifications or serving to satisfy her/his individual needs;

 

6.10.3 for 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 packaging has been opened after delivery;

 

6.10.4 for 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;

 

6.10.5 for the delivery of digital content and electronic licenses that are not recorded on a tangible medium, if the performance of the contract began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;

 

6.10.6 the subject of which is an item that deteriorates quickly or has a short shelf life, and in which the subject of the service are items that after delivery, due to their nature, remain inseparably connected with other items;

 

6.10.7 for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;

 

6.10.8 concluded through a public auction;

 

6.10.9 for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;

 

6.10.10 where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the entrepreneur has no control

 

 

7. Consequences of withdrawing from the contract of sale of goods

 

7.1 The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the Contract for the sale of goods, will return to the Consumer all payments made by her/him, including delivery costs, corresponding to the cheapest method of delivery offered by the Seller.

 

7.1.1 The reimbursement will be made using the same payment method that was used by the Consumer.

 

7.2 If the Seller has not offered to collect the Goods from the Consumer herself/himself, she/he may withhold the reimbursement of payments received from the Consumer until she/he receives the Goods back or until the Consumer provides proof of its return, whichever occurs first.

 

   7.3 The Seller may offer the Consumer to collect the item herself/himself. However, if the Seller has not made such proposal - the Consumer should return the item to the Seller (or a person authorized by the Seller to collect it) immediately, but not later than 14 days from the date on which she/he withdrew from the contract. The deadline is met if you send back the goods before the period of 14 days has expired Goods that the Consumer returns should be sent to the address of the Seller.

 

7.4 The Consumer is responsible for reducing the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

 

 

8. Complaints

 

8.1 The Seller is obliged to deliver Goods free from physical and legal defects and is responsible to the Customer for physical and legal defects of the purchased Goods under the terms of the Civil Code.

 

8.2 If, after the ownership of the Goods has been transferred to the Buyer, the Buyer finds that the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller under the statutory warranty for defects:

 

8.2.1 in writing to the address of the Seller's registered office or by e-mail to the address zamowienia@cosibella.pl

 

8.2.2 The notification should specify the defect that the Buyer believes the goods have, claims against the Seller and, if possible, document the defect and provide proof of purchase of the Goods in the Online Store. The seller is obliged to respond to the complaint within 14 days from the date of its receipt. If she/he has not replied within the above-mentioned period, it is considered that she/he has accepted the complaint. The Seller shall provide the Buyer with a response to the complaint in writing or on a Durable Medium.

 

8.2.3 The steps to be taken by the Buyer to submit a complaint, including the method of delivering the Goods to the Seller, are indicated at individual stages in the Electronic Complaint Form. If the Buyer uses a method of submitting a complaint other than via the Electronic Complaint Form - the Seller will inform the Buyer about further steps of the complaint procedure in a manner corresponding to the manner of the submitted complaint.

 

8.2.4 If the Seller recognizes the complaint as justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Goods, shall be borne by the Seller.

 

8.2.6 If, as a result of the complaint submitted by the Consumer, the dispute has not been resolved, the Seller shall provide the Consumer on paper or other durable medium a statement on:

 

8.2.6.1 the intention to apply for the initiation of proceedings regarding out-of-court resolution of consumer disputes or consent to participate in such proceedings, or

 

8.2.6.2 refusal to participate in the out-of-court resolution of consumer disputes.

 

 

9. Opinions

 

9.1 Within a specified period after the completion of the Order, the Customer who has an Account - may be asked in an e-mail message to add an Order Service Assessment and an assessment of individual goods. The assessment of the order handling and the assessment of individual goods is voluntary and free of charge, and in order to do so, you should click on the link that takes you to a separate page. Within one order - the Customer has the possibility of adding the above-mentioned Assessment only once.

 

9.2 As part of the above-mentioned Assessment, the Customer may give assessment in the form of stars from 1 to 5 and add a verbal statement limited to 65,535 words. The above-mentioned Assessment is automatically signed with the Customer's name and city, which is indicated by the Customer when registering the Account.

 

9.3 The Assessment is stored and presented publicly on the website of the Online Store, as well as on the websites of its Partners.

 

9.4 The Seller does not substantively verify or control the Reviews of orders. The Buyer is solely and independently responsible for the statement made as part of the Assessments. The Seller is entitled to block the Assessment in whole or in part in accordance with the provisions of law and these Regulations.

 

9.5 It is unacceptable to post any content containing false, misleading, vulgar, aggressive, offensive or clearly considered not to be in accordance with best practices opinions. It is also unacceptable to post unlawful content that violates the rights of third parties or constitutes an act of unfair competition.

 

9.6 The customer undertakes not to post content that contains links to external websites, of promotional or advertising nature, or containing personal data of third parties. It is also forbidden to post unlawful content, in particular that constitutes an act of unfair competition, etc.

 

9.7 The customer is responsible for the written and posted statements, in particular he/she is responsible for the violation of the rights or personal rights of third parties

 

9.8 At the express request of the Customer, the content of Assessment may be hidden from other users of the Store, but the awarded review in the form of stars is included in the overall review of the Store and the Goods.

 

 

10. Intellectual Property

 

10.1 The Customer declares that she/he is not entitled to any rights, including copyrights or related rights, to the Assessment and statements posted by her/him, except for the right to use the Online Store in the manner specified in the Regulations. The customer is not entitled to any recording, reproduction, sharing, publication or dissemination of the content, unless such permission results from the provisions of the law or the Regulations.

 

10.2 The customer is not entitled to any interference in the content, in particular, she/he not entitled to interfere with the content, structure, form, graphics, operation mechanism or other elements of the Online Store.

 

10.3 By posting Reviews in the Online Store, which constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights – the Customer grants the Seller a non-exclusive, free and unlimited in time and territory license to use these works by the Seller, along with the right to grant a sub-license to the Seller's Partners, which includes making the work publicly available in such a way that everyone can have access to it at a place and time chosen by them (Internet). The license is granted for all fields of exploitation known at the time of granting it, in particular for the following fields of use:

 

10.3.1 in terms of recording and reproducing the work by any technique - in particular by printing, reprographic, magnetic or digital recording, i.e. using any techniques on any audiovisual or visual medium, in particular on audiovisual discs, CDs, computer discs, in the network multimedia, including internet and related on-line services, as well as multiplication, recording, use on the Internet, advertising, reproduction of electronic record in computer memory and in internal and external networks,

 

10.3.2 using all or parts or any elements of the work with the possibility of modification resulting from the essence of a given online medium - in all publications, in particular online, digital, in newsletters and information, alone or in combination with other works or fragments of works; using in whole or in part for promotion and advertising, in particular in the form of audiovisual, audio, media advertising.

 

10.3.3 in terms of trading in the original or copies on which the work has been recorded - marketing, lending, rental of the original or copies

 

10.3.4 in terms of disseminating the work in a manner other than specified above - public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can access it at a place and time chosen by them,

 

10.3.5 use of works for promotional and marketing purposes;

 

10.4 The removal of the Account by the Customer or the Assessment in accordance with Chapter 9 point 8 does not affect the validity of the above license.

 

 

11. Final provisions

 

11.1 These Terms of Use are effective from 2020.07.21.

 

11.2 In the event of a change or cancellation of any of the provisions of these Regulations by a decision of a competent authority or court, the remaining provisions remain in force and bind the Seller and the Customer.

 

11.3 All disputes related to the Regulations shall be settled by the Polish court. These disputes will be settled by the locally competent common court. The Customer who is a Consumer may also use out-of-court means of dealing with complaints and redress. Any information on out-of-court methods of dealing with complaints and redress can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are voluntary and both parties must agree to them.

 

11.4 Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we would like to inform you that at https://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a single window for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.

 

12. Annex 1 - Information on the exercise of the right to withdraw from the contract

 

12.1 The Consumer has the right to withdraw from the contract. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days:

 

12.1.1 in the case of a sales contract, from the day on which you acquired goods, or a third party other than the carrier and indicated by you acquired the goods;

 

12.1.2 in the case of a contract for the transfer of title to many items which are delivered separately - from the date on which you acquired, or a third party other than the carrier and indicated by you, acquired the last item

 

12.1.3 in the case of a contract requiring the transfer of title to items delivered in batches or in parts, from the date on which you acquired, or a third party other than the carrier and indicated by you acquired, the last batch or part;

 

12.1.4 in the case of contracts for regular delivery of goods for a specified period, from the day on which you acquired, or a third party other than the carrier and indicated by you acquired the first goods;

 

12.1.5 in the case of contracts the subject of which is the provision of services or digital content that is not delivered on a tangible medium - from the date of conclusion of the contract.

 

12.2 To exercise the right to withdraw from the contract, you must inform us, i.e.: COSIBELLA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Jutrzenki 177, 02-231 Warsaw, tel. 226022832, zamowienia@cosibella.pl about your decision to withdraw from this contract on the grounds of an unequivocal statement (for example, a letter sent by post, fax or e-mail).

 

12.3 You may use the attached model of the withdrawal form, but it is not obligatory.

 

12.4 To meet the deadline for withdrawing from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

 

12.5 In the event of withdrawal from this contract, we will reimburse you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will reimburse the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise.

 

12.6 In the case of contracts obliging to transfer the ownership of goods, in which we have not offered to collect the Goods in the event of withdrawal from the contract - we are to withhold the reimbursement until we receive the goods or until you provide the proof of its return, depending on which event occurs first.

 

12.7 Please send the returned item to the following address: COSIBELLA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Jutrzenki 177, 02-231 Warsaw, immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

 

12.8 Due to the weight and dimensions of the Goods, in the event of withdrawal from the contract - returning the Goods may involve higher costs than ordinary mail shipment. If you want to use the services of courier companies, it may be necessary to ship a package on a pallet, which is more expensive than ordinary mail.