Terms and conditions of online store www.cocochoco.pl
In force since 1 September 2016. A contract between the Buyer and Seller may be concluded in two ways. The Buyer shall be entitled, before placing an order, to negotiate any provisions of a contract with the Seller, including those amending provisions of the terms and conditions below. Such negotiations shall be carried out in writing and delivered the Seller’s address:
Cocochoco Professional Polska, Okulickiego 28/33 37-450 Stalowa Wola
In the event of the Buyer abandoning the possibility of concluding a contract via individual negotiations the following terms and conditions shall apply as well as relevant legislation.
TERMS AND CONDITIONS
1. Postal address – forename and surname or company name, location within a town area (in the case of town area divided into streets: street, house number, number of apartment or premises; in the event of locality not divided into streets: name of locality and number of property), postal code and locality.
2. Address for complaints:
Cocochoco Professional Polska, Okulickiego 28/33, 37-450 Stalowa Wola
3. Supply price list – available at www.cocochoco.pl , summary of types of supply available and cost thereof.
4. Contact details: Cocochoco Professional Polska , Okulickiego 28/33, 37-450 Stalowa Wola, firstname.lastname@example.org, Tel: 536-806- 806
6. Supply – type of transport service with a carrier’s name designated and cost as set forth in the supply price list at this address www.cocochoco.pl
7. Proof of purchase – invoice, bill or receipt issued in accordance with the Act on tax on goods and services of 11 March 2004 as later amended and with relevant legislation.
8. Product factsheet – single, subpage of the store containing information on a single product.
9. Customer – an adult natural person having full capacity to enter into legal transactions, legal person or an organisational entity without legal personality, yet having capacity to enter into legal transactions, making a purchase from the Seller that is related directly to its economic or professional activity.
10. Civil Code – the Act Civil Code of 23 April 1964 as later amended.
11. Code of good practice –a set of principles of conduct, particularly professional and ethical standards referred to in Art.2 (5) of the Act on counteracting unfair market practices of 23 August 2007 as later amended.
12. Consumer – an adult natural person with full capacity to enter into legal transactions making a purchase from the Seller which is not directly related to its professional or economic activity.
13. Basket – a list of products prepared on the basis of products offered by the store and selected by the Buyer.
14. Buyer – both Consumer and Customer.
15. Place of transfer of a thing – postal address or pickup point designated in the order placed by the Buyer.
16. Moment of transfer of a thing– a moment when the Buyer or a designated third party takes a thing into possession.
17. Payment – method of payment for the subject of contract and delivery thereof specified at www.cocochoco.pl
18. Consumer law – the Act on consumers’ rights of 30 May 2014.
19. Product – minimum and indivisible quantity of things, which may be the subject of an order, and which is offered in the Seller’s store as a measure unit when determining its price (price/unit).
20. Subject of contract – products and delivery being the subject of contract.
21. Subject of contractual obligations – subject of contract.
22. Pickup point – place of delivery of a thing other than a postal address, identified in a statement provided by the Seller in the Store.
23. Thing – movable thing which may be or actually is the subject matter of Contract.
24. Store – online service available at the following address www.cocochoco.pl, through which the Buyer may place an order.
25. Seller: Cocochoco Professional Polska, Okulickiego 28/33, 37-450 Stalowa Wola, UTR: 865-256- 00-02, Business Identifier [REGON]:181094845 registered and appearing in the Central Registry and Information about Business Activities [CEIDG] at the following address: https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=697ea19c-37f3-40cb- bffd-9d6abb1de12c
BANK ACCOUNT: 89 1950 0001 2006 0799 0483 0002
26. System – a system of cooperating IT devices and software ensuring processing, storing as well as sending and receiving data via telecommunications networks by means of a terminal appropriate for the given type of network, commonly referred to as the Internet.
27. Completion date – number of hours or working days stated on the product factsheet.
28. Contract – contract concluded outside a contractor’s premises or a distance contract within the meaning of the Act on consumers’ rights of 30 May 2014 in the case of Consumers and a contract of sale within the meaning of Art. 535 of the Act Civil Code of 23 April 1964 in the case of Buyers.
29. Defect– both physical defect as well as legal defect.
30. Physical defect – nonconformity of a thing sold with a contract particularly in cases when the thing:
a. does not possess properties which a thing of this type ought to have considering the purpose defined in the contract or resulting from the circumstances or purpose;
b. does not possess properties of which the Seller assured the Consumer,
c. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not express any reservations as to such intended designation thereof;
d. was handed over incomplete to the Consumer;
e. in the event of its inappropriate installation or start up, when those activities were performed by the Seller or a third person for whom the Seller shall bear responsibility, or by the Consumer who acted in accordance with the instructions received from the Seller;
f. does not have the properties assured by the manufacturer or its representative or a person, who places the thing on the market in the course of its business or a person, who upon placing, on a thing sold, its name, trade mark or another distinguishing mark presents itself as the manufacturer, unless the Seller was not aware of the said assurances or reasonably may not have not known or they could not have affected the Consumer’s decision on concluding a contract, or when contents thereof had been rectified prior to concluding the contract.
31. Legal defect – situation, when a thing sold is the property of a third party or is encumbered by a right of a third party, as well when a limitation in use or disposal of the thing results from a decision or ruling by a competent authority.
32. Order – declaration of will by the Buyer submitted via the store defining in an unambiguous manner: type and quantity of products; type of supply; method of payment; place of transfer of a thing, details of the Buyer and leading directly to concluding a Contract between the Buyer and Seller.
§2 General provisions
1. A contract shall be concluded in the Polish language, in accordance with the Polish law and these terms and conditions.
2. Place of transfer of a thing must be located within the territory of the Republic of Poland.
3. Seller shall be obligated and undertakes to render services and to supply things free from defects.
4. All prices stated by the Seller shall be expressed in the Polish currency and shall be gross prices (including VAT). Prices of products do not include cost of supply, which is defined in the supply price list.
5. Any time limits shall be calculated in accordance with Art. 111 of the Civil Code, i.e. time limit expressed in days shall end with the expiry of the last day, and if the beginning of a time limit expressed in days is a particular occurrence, for the purpose of calculating a time limit – the day, when this occurrence happened, shall not be taken into account.
6. Confirming, sharing, consolidating, securing all essential provisions of the contract in order to obtain access to the said information in future takes the form of:
a. order confirmation by sending to an indicated e-mail address: an order, a pro forma invoice, advice on the right to withdraw from contract, a copy of these terms and conditions in pdf format, a format of a form for withdrawing from contract in pdf format, links for independent downloading the terms and conditions and a format of a form for withdrawing from contract;
b. attaching to an executed order, dispatched to an indicated place of a transfer of a thing, the following printed items: proof of purchase, information on the right to withdraw from a contract, these terms and conditions, a format of form for withdrawing from a contract.
7. Seller shall inform of guarantees, of which it is aware, given by third parties to products offered by the store.
8. Seller shall never charge any fees for communication with it by means of distance communication, and the Buyer shall bear the costs in the amount resulting from a relevant contract concluded with a third party providing specified services enabling distance communication.
9. Seller ensures the Buyer, using the system, correct functioning of the store in the following browsers: IE version 7 or higher, FireFox ver. 3 or higher, Opera ver. 9 or higher, Chrome ver. 10 or higher, Safari with installed latest versions of JAVA and FLASH, on screens of horizontal resolution in excess of 1024 px. Using software of third parties affecting operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may influence appropriate display of the store, therefore in order to achieve full functionality of the store www.cocochoco.pl, all of those must be turned off.
10. Buyer may use the option to remember its details by the store in order facilitate the process of placing a subsequent order. For this purpose, the Buyer ought to submit the login and password necessary to access its account. Login and password are a string of characters defined by the Buyer, who shall be obligated to keep them secret and protect from unauthorised of third parties. The Buyer may at any time access, rectify, update the data or remove the account in the store.
11. Seller shall comply with the Code of good practice.
12. Buyer shall be obligated to:
a. refrain from submitting and communicating content forbidden by the law, e.g. content promoting violence, slanderous or violating personal rights and other rights of third parties,
b. use the store in a manner not distorting its operation, particularly by using specific type of software or equipment,
c. refrain from activities such as: sending or submitting to the store site unsolicited commercial communication (spam),
d. use the store in a manner not inconvenient to other Buyers as well as to the Seller,
e. use any content provided within the store site only for personal use,
f. use the store in a manner compliant with legislation which is in force in the territory of the Republic of Poland, provisions of these terms and conditions, as well as with the general rules of netiquette.
§3 Conclusion and performance of contract
1. Orders may be placed 24 hours a day.
2. To place an order the Buyer ought to perform at least the following acts, of which part allows for repeated application:
a. adding Product to Basket;
b. selection of type of delivery;
c. selection of payment method;
d. selection of place of a transfer of a thing;
e. placement of order in the store;
3. Contract with a Consumer shall be concluded upon placing an order.
4. Performance of the Consumer’s order paid in cash on delivery shall be effected immediately, and of an order payable by money transfer or via an electronic payment system after receipt of Consumer’s payment to the Seller’s account, which should take place within 30 days after placing an order, unless the Consumer was not able, through no fault of its own, to perform the contractual obligation and notified the Seller thereof.
5. Contract with a Customer shall be concluded upon accepting an order by the Seller, of which it shall inform the Customer within 48 hours upon placing an order.
6. Performance of Customer’s order paid in cash on delivery shall be effected immediately upon concluding a Contract, and an order payable by money transfer or via an electronic payment system upon concluding a contract and receipt of Consumer’s payment to the Seller’s account.
7. Performance of Customer’s order may be subject to making total payment or part of payment of the value of order or obtaining a limit of customer’s merchant’s credit for at least the value of the order or the Seller’s consent to sending the order in the cash-on- delivery mode (paid on collection).
8. Sending the subject of contract shall be effected within the time limit identified on Product Factsheet, and orders including numerous products within the longest time limit defined in Product Factsheets. The period shall begin running upon performance of the order.
9. Purchased subject of contract shall be sent together with a selected by the Buyer sales note by the type of delivery to the indicated by the Buyer in the order place of a transfer of a thing, together with attached enclosures referred to in §2 (6b).
§4 Right of withdrawal from contract
1. Consumer, shall be entitled under Art. 27 of the Consumer law to withdraw from a distance contract without stating the reasons or incurring any costs, apart from the costs referred to in Art. 33, Art. 34 of the Consumer law.
2. Time limit for withdrawal from a distance contract shall be 14 days from the moment of transfer of a thing, and the period of time for revocation shall be deemed observed, if the revocation notice is sent before expiry thereof.
3. Notice of withdrawal from contract may be submitted by the Consumer on a form, the format of which is Appendix No. 2 to the Consumer law, available at www.cocochoco.pl or in another form in compliance with the Consumer law.
4. Seller shall immediately send the Consumer a confirmation via e-mail (submitted on concluding the Contract or another, if such was stated in the submitted notice) reception of a notice of withdrawal from contract.
5. In the event of withdrawing from contract, the contract is deemed non-concluded.
6. Consumer shall return the thing to the Seller immediately, not later though than 14 days upon the day of withdrawing from the contract. The period for withdrawal shall be deemed to have been observed, if the thing is returned before expiry thereof.
7. Consumer shall return things being the subject of contract, from which it withdrew at its own cost and risk.
8. Consumer shall not bear costs of delivery of digital content, not saved on a tangible medium, if it did not consent to performing contractual obligation before expiry of time limit for withdrawing from the contract or has not been notified of the loss of its right to withdraw from contract at the moment of granting such consent or the contractor has not provided the confirmation in accordance with Art. 15 (1) and Art. 21 (1) of the Consumer law.
9. Consumer shall be liable for a diminished value of the thing being the subject of contract as a result of using it in a manner other than necessary to establish its nature, characteristics and functioning.
10. Seller shall immediately, not later than 14 days after receiving a notice of withdrawal from contract submitted by the Consumer, return to the Consumer all payments made, including the cost of supply of a thing, and if the Consumer selected a manner of supply other than the cheapest ordinary manner of supply offered by the Seller, the Seller does not reimburse the Consumer for additional costs under Art. 33 of the Consumer law.
11. Seller shall return payment using the same method of payment, used by the Consumer, unless the Consumer has expressly agreed to another method of payment, which does not entail any costs.
12. Seller may withhold the reimbursement of payment received from the Consumer until return of a thing or providing by the Consumer evidence of having sent back the thing whichever is the earliest.
13. Consumer under Art 38 of the Consumer law shall not be entitled to withdraw from a contract:
a. where the price or remuneration shall depend on fluctuations in the financial market, which cannot be controlled by the Seller and which may occur before the expiry of the period for withdrawal from contract;
b. where the subject of contractual obligation is non-prefabricated thing, manufactured in accordance with consumer’s specifications or serving to satisfy its individualised needs;
c. where the subject of contractual obligation is a thing which is liable to deteriorate or expire rapidly;
d. where the subject of contractual obligation is a thing supplied in a sealed package, which upon opening may not be returned due to health protection or hygiene reasons and was unsealed after delivery;
e. where the subject of contractual obligation are things which upon delivery, due to their nature, are inseparably joined with other items;
f. where the subject of contractual obligation are sound or visual recordings or computer programmes supplied in sealed package, if the package was unsealed after delivery;
g. for supply of digital content, not saved on tangible medium, if performance of this contractual obligation commenced upon express consent of Consumer before expiry of time limit for withdrawal from contract and upon notifying it by a contractor of the loss of right to withdraw from contract;
h. for supply of dailies, periodicals or magazines, except for subscription contract.
1. Seller in accordance with Art. 558 (1) of the Civil Code totally excludes liability before Customers on account of physical or legal defects (warranty).
2. Seller shall be liable before the Customer in accordance with the principles set forth in Art. 556 of the Civil Code and subsequent ones for defects (warranty).
3. In the event of contract with the Consumer, where a physical defect was identified not later than one year from the moment of transfer of a thing, it shall be deemed that it did exist at the moment of risk transfer onto the Consumer.
4. If the thing sold has a defect, the Consumer may:
a. file a demand for the price to be reduced;
b. file a declaration on withdrawing from the contract;
unless the Seller immediately and without excessive inconvenience for the Consumer replaces the defective thing for one free from defects or removes the defect. However, if the thing has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to replace the thing for one free from defects or to remove the defect, it shall not be entitled to have the thing replaced or defect removed.
5. Consumer may, instead of defect removal offered by the Seller, demand that the thing be replaced for one free from defects or instead of the thing being replaced demand defect removal, unless bringing the thing into conformity with a contract in a manner selected by the Consumer proves to be impossible or would require excessive costs in comparison with the manner suggested by the Seller, when for assessing excessiveness of costs, the value of a thing free from defects is taken into account, as well as the type and significance of identified defect, and also other inconveniences for the Consumer shall be taken into account in the case of another manner of satisfaction.
6. Consumer may not withdraw from contract, if the defect is negligible.
7. Consumer may also, if the thing sold has a defect:
a. demand replacement for a thing free from defects;
b. demand defect removal.
8. Seller shall replace a defective thing for one free from defects or remove the defect within reasonable time limit without excessive inconveniences for the Consumer.
9. Seller may refuse to satisfy the Consumer’s demand, if ensuring conformity of the defective thing with contract in a manner selected by the Buyer is impossible or would entail excessive costs in comparison with another manner of ensuring conformity with contract.
10. In the case where a defective thing has been installed, the Consumer may demand from the Seller disassembly and re-assembly upon replacement for a thing free from defects or upon removal of defect, yet it is obligated to bear part of costs related thereto and exceeding the price of a thing sold or may demand that the Seller pay part of costs of disassemble and re-assembly up to the price of a thing sold. In the event of the Seller failing to comply with the obligation, the Consumer shall be entitled to carry out these acts at the cost and risk of the Seller.
11. Consumer, who is exercising his entitlement on account of warranty, shall be obliged to deliver, at the cost of the Seller, a defective thing to the address for complaints, and should the delivery of a thing be excessively difficult due to the nature of the thing or the manner of its instalment, the Consumer shall be obligated to make the thing available to the Seller in a place where the thing is located. In the event of failure to perform a contractual obligation by the Seller, the Consumer shall be entitled to send the thing at the cost and risk of the Seller.
12. Costs of replacement or repair shall be borne by the Seller, except for a situation referred to in §5 (10).
13. Seller shall be obligated to accept from the Consumer a defective thing in the case of replacement of a thing for one free from defects or in the case of withdrawing from contract.
14. Seller shall within fourteen days address the following:
a. demand notice to reduce the price;
b. notice of withdrawal from contract;
c. demand notice to have a thing replaced for one free from defects;
d. demand notice to remove a defect.
Otherwise it shall be deemed that the Seller has found the Consumer’s declaration or demand substantiated.
15. Seller shall be responsible on the grounds of warranty, if a physical defect is identified before two years have elapsed from the moment of a thing being transferred to the Consumer, and if the subject of sale is a used thing, before one year has elapsed from the moment of a thing being transferred to the Consumer.
16. Consumer’s claim to have a defect removed or a thing sold replaced for one free from defects shall be subject to a time-limit of year, from the day of identifying a defect not earlier though than before the lapse of two years from the moment of a thing transfer to the Consumer, and if the subject of sale is a used thing, before the elapse of one year from the moment of a thing being transferred to the Consumer.
17. In the event where the use-by date defined by the Seller or manufacturer shall expire two years from the moment of a thing being transferred to the Consumer, the Seller shall be responsible on account of warranty for physical defects of a thing recognised before the elapse of the said limit.
18. Within the time limits defined in §5 (15-17) the Consumer may submit a declaration of withdrawing from contract or reduction of price due to a physical defect of a thing sold, and if the Consumer demanded that a thing be replaced for one free from defects or that the defect be removed, the deadline for submitting a declaration on withdrawing from contract or reduction of price shall run from the moment of ineffective elapse of time limit for a replacement of a thing or removal of a defect.
19. In the event of bringing a claim to a court of law or conciliation court one of the entitlements under warranty, the time limit for exercising other entitlements available to the Consumer in this regard, shall be suspended until a valid and binding closing of court proceedings. This shall apply accordingly also to mediatory proceedings, with the time limit for carrying out other entitlements on account of warranty available to the Consumer, starting to run from the day of refusal by the court to approve a settlement before a mediator or upon ineffective completion of mediation.
20. For exercising entitlements on account of warranty for legal defects of a thing sold §5 (15-16) shall apply, provided that the time limit runs from the day on which the Consumer became aware of a defect existing, and if the Consumer became aware of a defect existing only upon action of a third party – from the day on which a court ruling in a dispute with a third party became final and valid.
21. If due to a defect of a thing the Consumer made a declaration of withdrawing from contract or reducing the price, it may demand a redress of the damage suffered due to conclusion of a contract without being aware of the existence of a fault, even if the damage was the result of circumstances for which the Seller may not be liable, and especially may demand reimbursement of costs of concluding a contract, costs of collection, transport, storage and insurance of things, reimbursement of expenditures to the extent that it did not benefit from them, and they were not returned from a third party nor did it receive reimbursement of the costs of trial, without prejudice to provisions on obligation to redress a damage on general principles.
22. No expiry of any time limit for establishing a defect shall preclude carrying out entitlement on account of warranty, if the Seller has fraudulently concealed the defect.
23. Seller unless obligated to perform contractual or financial obligation for the benefit of the Consumer shall carry out those immediately, not later than with the time limit envisaged by the law.
§6 Policy of privacy and safety of personal data
1. The Seller shall be the Administrator of personal data bases transferred by Consumers of the store.
2. Seller undertakes to protect personal data in accordance with the Act on personal data protection of 29 August 1997 and the Act on providing services via electronic means of 18 July 2002. The Buyer by transferring its personal data to the Seller on placing an order consents to processing thereof by the Seller for the purpose of execution of a placed order. The Buyer shall have at any time the possibility of accessing, correcting, updating and removing its personal data.
§7 Final provisions
1. None of the provisions of these terms and conditions intends to violate the rights of the Buyer. It may not also be interpreted in this way, since in the event of nonconformity of any part of these terms and conditions with legal provisions in force the Seller declares absolute compliance with and application of the said legal provisions in place of the questioned provision of these terms and conditions.
2. On any amendments to the terms and conditions and a scope thereof the registered Buyers shall be notified via electronic means (to the e-mail address stated at registration or in an order). A notification shall be sent at least 30 days before new terms and conditions coming into force. Changes shall be introduced in order to adapt the terms and conditions to current legislation.
3. Current version of terms and conditions shall always be made available to the Buyer at its request. In the course of execution of an order and during the whole period of after-sales service the Buyer shall comply with terms and conditions as accepted upon placing an order. Except for a situation, when the Consumer considers it less favourable than the current ones and notifies the Seller of its choice of the current ones as applicable.
4. In matters not covered by these terms and conditions relevant current legislation shall apply. Any disputes, upon the Consumer’s wish, shall be resolved by way of mediation proceedings before Regional Inspectorates of Trade Inspection or trial before an court of conciliation at Regional Inspectorate of Trade Inspection. The Consumer may also have recourse to equivalent and legitimate methods of pre-litigation or extra-judicial settlement of disputes, e.g. via the Union ODR online platform at the following address http://ec.europa.eu/consumers/odr/. As a a last resort the case shall be resolved by the court competent for the seat or place of residence.
Version 1.0 (Stalowa Wola, 1 September 2016)