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Terms and conditions of Cosmostash online store

Good morning!

We are very pleased that you have decided to purchase from our store. Respecting the following terms and conditions will certainly make it easier for us to work with you, so we ask that you familiarize yourself with them.

So much in a word of introduction, now it's time for the formalities. To begin with, our full registration details as a seller: Łukasz Ciesielski, doing business as DLC Łukasz Ciesielski, 2/77 Przasnyska Street; 01-756 Warsaw, NIP: 531164349.

Below you will find the terms and conditions, which contain information on, among other things, how to place an order leading to the conclusion of a contract, details on the execution of the concluded contract, forms of delivery and payment available in the store, the procedure for withdrawal from the contract, or the complaint procedure.

If you have any comments, questions, concerns, we are at your disposal at e-mail hello@cosmostash.pl or phone number 506 430 653. We are a small family company, it happens that we work at unusual and unregulated hours, if we do not answer the phone very much please text message- we will certainly call you back as soon as possible.

We greet you and wish you a successful shopping experience!

Cosmostash online store team

 

§ 1 Definitions

For the purposes of the Regulations, the following meanings of the following terms are adopted:

  1. Price - the value expressed in monetary units that the Buyer is obliged to pay to the Seller for the Goods;
  2. Buyer - a natural person, a legal person or an organizational unit endowed with legal capacity, in particular a Consumer or a PNPK;
  3. Consumer - a natural person, entering into an Agreement with the Seller not directly related to his business or professional activity;
  4. Entrepreneur on the rights of a consumer (PNPK) - a natural person concluding an Agreement with the Seller directly related to his business activity, when the content of the Agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
  5. Pre-sale - the process of collecting orders by the Seller for Goods that will be available for sale as of a certain date, and concluding Contracts before the scheduled date of introduction of the Goods for sale;
  6. Terms and Conditions - the terms and conditions of Cosmostash online store, available at https://cosmostash.pl/regulamin/;
  7. Store - an online store operating at https://cosmostash.pl/sklep/ and its extensions;
  8. Seller - Łukasz Ciesielski, doing business under the name DLC Łukasz Ciesielski, 2/77 Przasnyska St.; 01-756 Warsaw, NIP: 531164349;
  9. Goods - any movable item offered by the Seller within the Store;
  10. Outlet Goods - Goods in respect of which the Buyer has been expressly informed that a particular feature of the Goods deviates from the typical requirements for compliance with the Contract, e.g. in terms of completeness, quality, functionality, etc..;
  11. Goods with Digital Elements (TzEC) - Goods offered by the Seller, containing Digital Content or Digital Services, without which the Goods are unable to function properly. Digital Content or Digital Services may be provided by the Seller or a third party;
  12. Digital Content - data produced and delivered in digital form;
  13. Contract - a contract concluded between the Seller and the Buyer, the subject of which is the provision of Electronic Services or sale of Goods to the Buyer;
  14. Digital Services - services that allow the Buyer to:

- Production, processing, storage or access to data in digital form;

- Shared use of digital data that has been uploaded or created by the Buyer or other users of the Digital Service;

- other forms of interaction through digital data;

  1. Electronic Services - any electronic services provided by the Seller to the Buyer through the Store. Digital Services are a type of Electronic Services.

 

§ 2. Preliminary provisions

  1. The Seller, through the Store, conducts retail sales of Goods, while providing Electronic Services to the Buyer. The Buyer may purchase the Goods indicated on the pages of the Store or specified in the Pre-Sale.
  2. Regulations define the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and Buyers.
  3. In order to use the Store, including, in particular, to place an order, it is not necessary for the Buyer's computer hardware or software to meet special technical conditions. Sufficient are:
    1. (a)Internet access,
    2. (b)a standard, up-to-date operating system,
    3. c)a standard, up-to-date web browser with cookies enabled,
    4. (d)having an active e-mail address.
  1. In the event that additional technical conditions, other than those indicated in paragraph 3, are necessary for the use of the Goods or TzEC, the Seller shall inform the Buyer thereof before placing the order, e.g. by including the technical requirements in the description of the Goods or TzEC.
  2. The conclusion of a Contract for the sale of Goods may not be made anonymously or under a pseudonym. The Buyer should indicate true and complete personal information in order to conclude such Contract.
  3. It is forbidden during the use of the Store to provide content of an unlawful nature, in particular by sending such content via forms available in the Store.
  4. For the avoidance of doubt, the Seller indicates that:
    (a)Contracts, which concern the sale of Goods, are contracts obliging to transfer ownership of the Goods, to which the provisions of Chapter 5a of the Law of May 30, 2014 on Consumer Rights apply;
    b)Contracts that concern the sale of TzEC are contracts that obligate the transfer of ownership of the Goods, to which the provisions of Chapter 5a apply and the provisions of Chapter 5b of the Law of May 30, 2014 on Consumer Rights do not apply;
    (c)Contracts that concern Electronic Services may (but need not) be contracts for the provision of digital content or digital service, to which the provisions of Chapter 5b of the Law of May 30, 2014 on Consumer Rights apply.

 

§ 3 Electronic Services relating to the Store

  1. The Seller provides Electronic Services to the Buyer.
  2. The basic Electronic Service provided to the Buyer by the Seller is to enable the Buyer to place an order in the Store, which leads to the conclusion of a Sales Contract with the Seller. Placing an order is possible without having an account in the Store.
  3. If the Buyer decides to create an account in the Store, the Seller also provides the Buyer with an Electronic Service consisting of creating and maintaining an account in the Store. The Account stores the Buyer's data and the history of orders placed by the Buyer in the Store. The Buyer logs into the Account using his e-mail address and a password defined by him. The Buyer is obliged to secure access to his/her User account against unauthorized access, and is also obliged not to share the login and password with any third party.
  4. If the Buyer decides to subscribe to the newsletter, the Seller provides the Buyer with an Electronic Service consisting of sending the Buyer e-mails that contain information about the Seller's news, promotions, products or services. Subscribing to the newsletter is done by completing and submitting the newsletter subscription form or by checking the appropriate check box when placing an order. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button, which is included in each message sent as part of the newsletter. The buyer can also send an email to the Seller asking to unsubscribe from the newsletter database.
  5. Electronic Services are provided to the Buyer free of charge. However, Contracts for the sale of Goods concluded through the Store are chargeable.
  6. In order to ensure the security of the Buyer and the transmission of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of security risk of the Electronic Services provided, in particular, measures to prevent the acquisition and modification of personal data by unauthorized persons.
  7. The Seller takes measures to ensure the full proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
  8. Since the Store is an ICT system managed by the Seller, the Seller may carry out technical and IT work to develop the Store and provide Electronic Services at the highest possible level.
  9. As part of the development of the Store, the Seller may, in particular:
    (a)add new functionality and change or remove existing functionality within the Store;
    b)introduce the Store on a different type of devices, such as mobile devices;
    c)provide an application related to the Store.

§ 4 Placing an order

  1. The buyer can place an order either as a registered customer or as a guest.
  2. A registered customer is a Buyer who has an account with the Store.
  3. If the Buyer has an account in the Store, he should log in to it before placing an order. Logging in is also possible when placing an order.
  4. Any descriptions of Goods available on the Store's pages do not constitute an offer within the meaning of the relevant provisions of civil law, but an invitation to conclude a Contract.
  5. Placing an order is done by adding the Goods that the Buyer is interested in to the shopping cart, and then completing the order form. In the form it is necessary to provide the data necessary to complete the order. At the stage of placing the order, it is also necessary to choose the method of delivery of the ordered Goods and select the method of payment for the order. Placing an order is conditional on accepting the Terms and Conditions, with which the Buyer should first become familiar. In case of any doubts concerning the Regulations, the Buyer may contact the Seller.
  6. In the case of Goods that are Outlet Goods, an additional condition for placing an order is to check-box that the Buyer agrees to purchase the Outlet Goods.
  7. In the order form, the Buyer must provide true personal information. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or where the data raises reasonable doubts of the Seller as to its accuracy. In such a case, the Buyer will be informed by phone or e-mail about the doubts of the Seller. In such a situation, the Buyer shall have the right to explain any circumstances related to the verification of the veracity of the data provided. In the absence of data allowing the Seller to undertake contact with the Buyer, the Seller will provide any explanations after the Buyer has undertaken contact.
  8. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their veracity and correctness, although he has such a right in accordance with paragraph 7.
  9. The ordering process is completed by clicking on the order finalizing button. Clicking on the order finalizing button constitutes an offer by the Buyer to purchase the selected Goods from the Seller, under the terms and conditions specified in the order form.

 

§ 5 Pre-sale

  1. The Seller, with respect to certain types of Goods, may or may not arrange a Pre-Sale.
  2. Goods included in the Pre-Sale are clearly marked within the Store as Goods available for Pre-Sale. On the page of such Goods, the Seller shall include information as to what date the Goods are likely to be available and what date the Goods are likely to be shipped.
  3. For the purpose of concluding Pre-Sale Agreements, the provisions of § 4 shall apply accordingly.
  4. The Seller reserves the right to change the deadline referred to in paragraph 2, especially as a result of delays in the delivery of Goods by third parties (e.g. manufacturers). The Seller will inform Buyers of any changes to the deadlines related to the Pre-Sale, by posting information in the Store and sending an email, to the address provided by the Buyer.
  5. In the event that the sale of the Goods is not possible under the terms of the Pre-Sale (e.g., suppliers do not deliver the appropriate quantity or types of materials, there is an increase in the price of materials, etc.), the Seller shall inform the Buyer of these circumstances.
  6. If a Buyer who is a Consumer or a PNPK does not agree to an extension of the delivery date of the Goods or a change in the terms of sale of the Goods, he may cancel the purchase of the Goods, and the Seller shall refund to such Buyer any payments made under the Pre-Sale.

 

§ 6 Delivery

  1. The order delivery methods available for selection are described on the Store's website and presented to the Buyer at the stage of order placement. The cost of delivery of an order is borne by the Buyer, unless the Seller indicates otherwise on the Store website. The Seller has the right to decide to split an order into several separate shipments without additional costs to the Buyer.
  2. In the event of non-collection of the Goods or the Buyer's refusal to collect the Goods and return them to the Seller, if any, the Buyer may be obliged to compensate the Seller for the damage suffered by the Seller as a result of non-collection of the Goods, e.g. in the form of shipping costs paid by the Seller.

 

§7 Price and payment

  1. The available methods of payment for an order are described on the Store's website and presented to the Buyer at the stage of placing the order.
  2. If the Buyer has chosen online payment when placing the order, after clicking on the order finalization button, the Buyer will be redirected to a payment gateway operated by a third-party payment operator to make payment for the order. If the Buyer has selected payment by bank transfer to: DLC Łukasz Ciesielski, ul. Przasnyska 2/77, 01-756 Warsaw, account no: 44 1160 2202 0000 0003 6279 5435 in the title stating the order number or through the Przelewy24 service. Payment for the order should be made within 3 days after placing the order. After the expiration of this period, the Seller may assume that the Buyer has abandoned the purchase of the Goods, and cancel the placed order.
  3. Electronic payments, including payment card payments, are handled by Przelewy24. Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through the Przelewy24.pl service. The electronic payment and payment card transactions are handled by: PayPro Spółka Akcyjna with its registered seat in Poznan, ul. Kanclerska 15, 60-327 Poznan, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznan Nowe Miasto and Wilda, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP number 7792369887, with the share capital of PLN 4,500,000.00, fully paid up.
  4. Invoices are issued automatically, the buyer receives an invoice for purchases electronically, to the e-mail address provided in the order form.
  5. All prices listed on the Store are gross prices.
  6. The Seller shall be entitled to give Buyers discounts, reductions or other price preferences at its own discretion, in particular within the framework of an organized promotional action. Details of promotional actions are specified in separate regulations of promotional actions. The Buyer is not entitled to claim discounts, reductions or other preferences that do not result from a promotional action.
  7. In each case of informing about the reduction of the Price of the Goods, the Seller shall, in addition to the information about the reduced Price, also include information about the lowest Price of such Goods, which was in effect during the period of 30 days before the introduction of the reduction. If the Goods are offered for sale for a period of less than 30 days, the Seller shall, in addition to the information about the reduced Price, also include information about the lowest Price of such Goods, which was in effect during the period from the date of commencement of offering such Goods for sale until the date of introduction of the reduction.

 

§ 8 Order execution

  1. Fulfillment of the order consists in completing the ordered Goods, packing them for delivery to the Buyer, and sending the shipment to the Buyer in accordance with the form of delivery of the order selected by the Buyer.
  2. The order is considered completed when the shipment is sent to the Buyer (entrusting the shipment to a carrier engaged in transportation). In the case of delivery via a carrier, the Seller shall inform the Buyer about the preparation of the Goods for shipment and the transfer of the shipment to the carrier. The exact date of delivery of the Goods shall be determined by the carrier, unless the carrier allows the Buyer to specify the exact date and time of delivery. If the carrier provides such functionality, the Seller will provide the Buyer with the data needed to monitor the transport of the Goods, in particular, a link to the carrier's website or to the carrier's application.
  3. The Buyer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If the Buyer has ascertained that there was a loss or damage to the Goods during transport, he is obliged to perform all actions necessary to establish the carrier's liability, such as writing a damage report (Article 545 § 2 of the Civil Code).
  4. The ordered Goods should be released to the Consumer or PNPK within 7 days, unless a longer period is expressly indicated by the Seller in the description of the Goods. In such a situation, by placing an order, the Buyer agrees to the longer delivery time resulting from the description of the Goods.
  5. If the Buyer orders Goods with different lead times, for the Seller the binding lead time for the entire order is the longest one among all the Goods included in the order, although the Seller may offer to divide the order into several independent shipments in order to accelerate the lead time for some of the Goods.

 

§ 9. cancellation of the Consumer or PNPK Agreement without cause

  1. The Consumer or PNPK has the right to withdraw from the Agreement for the sale of Goods, which was concluded through the Store, without giving any reason within 14 days from the date of taking possession of the Goods by the Consumer or PNPK, or a third party other than a carrier indicated by the Consumer or PNPK. If the Contract includes multiple Goods that are delivered separately, in batches or in parts, the deadline for withdrawal from the Contract shall be counted from taking possession of the last Good, its batch or part.
  2. The right to withdraw from the Contract shall not apply to the Contract:
    (a) in which the subject of performance is a non-refabricated Goods, manufactured to the specifications of the Consumer or PNPK or serving to meet his individualized needs;
  1. To withdraw from the Contract, the Consumer or PNPK must inform the Seller of its decision to withdraw from the Contract by an unequivocal statement - for example, by a letter sent by mail or e-mail.
  2. The consumer can use the model withdrawal form, available at https://cosmostash.pl/formularz-odstapienia-od-umowy/, but it is not mandatory.
  3. In order to comply with the deadline for withdrawal from the Contract, it is sufficient for the Consumer or PNPK to send information regarding the exercise of the Consumer's or PNPK's right to withdraw from the Contract before the expiry of the deadline for withdrawal from the Contract.
  4. The Consumer or PNPK is obliged to return the Goods to the Seller or give them to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from the Agreement, unless the Seller offered to collect the Goods himself. To meet the deadline it is sufficient to return the Goods before its expiration.
  5. The consumer or PNPK shall bear the direct costs of returning the Goods.
  6. In the event of withdrawal from the Contract, the Seller shall return to the Consumer or PNPK all payments received from the Consumer or PNPK, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Consumer or PNPK other than the cheapest ordinary method of delivery offered when placing the order), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the decision to exercise the right of withdrawal from the Contract.
  7. The return of the payment shall be made using the same means of payment used in the original transaction, unless the Consumer or PNPK expressly agreed otherwise. In any case, the Consumer or PNPK shall not incur any fees in connection with this return.
  8. If the Seller has not offered to collect the Goods from the Consumer or PNPK itself, the Seller may withhold reimbursement of payments received from the Consumer or PNPK until it receives the Goods back or the Consumer or PNPK provides proof of its return, whichever event occurs first.
  9. Consumer or PNPK shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. The Seller shall have the right to set off its claim against the Buyer on this account in accordance with Article 498 of the Civil Code et seq.

 

§ 10. warranty for defects and liability for the conformity of the Goods with the Contract

  1. The warranty for defects of the Goods, as referred to in the provisions of the Civil Code, is excluded in the case of Contracts for the sale of Goods, which are concluded by Buyers other than the Consumer or PNPK.
  2. To Contracts for the sale of Goods, which are concluded by the Consumer or PNPK, the provisions on liability for the compliance of Goods with the Contract, which are contained in the Consumer Rights Act, shall apply, taking into account the provisions of the Terms and Conditions. In the event that Electronic Services provided by the Seller are simultaneously Digital Services, the Seller shall be liable for the compliance of Digital Services with the Contract under the rules provided in Chapter 5b of the Consumer Rights Act.
  3. The Seller is responsible to the Consumer and PNPK for the conformity of the Goods with the Contract. Conformity of the Goods with the Contract shall be assessed in accordance with the provisions of the Consumer Rights Act.
  4. The Seller shall be liable for non-compliance of the Goods with the Contract existing at the time of delivery and disclosed within two years from that time, unless:
    (a)the shelf life of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer;
    b)the Contract relates to Outlet Goods, where the Buyer has expressly agreed to purchase Outlet Goods.
  1. In the case of TzEC, the Vendor shall be liable for the non-conformity with the Contract of the Digital Content or Digital Services delivered on a continuous basis, which occurred or became apparent at the time they were to be delivered in accordance with the Contract, but for no less than two years from the time of delivery of TzEC.

 

§ 11 Replacement or repair of Goods not in conformity with the Contract

  1. If the Goods are not in conformity with the Contract, the Consumer or PNPK may demand repair or replacement.
  2. The Seller may:
    a)make a replacement when the Consumer or PNPK requests a repair, or.
    b)make a repair when the Consumer or PNPK requests a replacement,

if bringing the Goods into conformity with the Agreement in the manner chosen by the Consumer or PNPK is impossible or would require excessive costs for the Seller.

  1. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to replace or repair to bring the Goods into conformity with the Contract.
  2. The Consumer or PNPK shall make the Goods subject to repair or replacement available to the Seller, and the Seller shall collect them at his expense. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller.
  3. The Seller shall repair or replace the Goods within a reasonable period of time, not exceeding 21 days, from the moment the Seller is informed by the Consumer or PNPK of the Goods' non-conformity with the Agreement, and without undue inconvenience to the Consumer or PNPK, taking into account the specifics of the Goods and the purpose for which the Consumer or PNPK purchased them.

 

§ 12 Price reduction or withdrawal from the Contract in case of Goods not in conformity with the Contract

  1. If the Goods are inconsistent with the Contract, the Consumer or PNPK may submit a statement on reduction of the Price or withdrawal from the Contract when:
    (a)The Seller has refused to repair or replace the Goods in accordance with § 11.3;
    b)The Seller has failed to bring the Goods into conformity with the Contract;
    c)the lack of conformity of the Goods with the Contract continues, despite the fact that the Seller has tried to bring the Goods into conformity with the Contract;
    d)the lack of conformity of the Goods with the Contract is so significant that it justifies a reduction in the Price or withdrawal from the Contract without prior use of the measures referred to in § 11.1;
    e)it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer or PNPK.
  2. The reduced Price must remain in such proportion to the Contract Price as the value of the non-conforming Goods remains to the value of the conforming Goods.
  3. The Seller shall refund to the Consumer or PNPK the amounts due as a result of exercising the right to reduce the Price immediately, no later than within 14 days from the date of receipt of the Consumer's or PNPK's statement on the reduction of the Price.
  4. The Consumer or PNPK may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is immaterial. The lack of conformity of the Goods with the Contract shall be presumed to be material.
  5. If the non-conformity with the Contract relates only to some of the Goods delivered under the Contract, the Consumer or the PNPK may rescind the Contract only with respect to those Goods, as well as with respect to other Goods purchased by the Consumer or the PNPK together with the non-conforming Goods, if the Consumer or the PNPK cannot reasonably be expected to agree to retain only the non-conforming Goods.
  6. In the event of withdrawal from the Contract, the Consumer or PNPK shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the Price to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
  7. The Seller shall refund the Price using the same method of payment used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of refund that does not involve any costs for the Consumer or PNPK.

 

§ 13 Personal data and cookies

  1. The administrator of the Buyer's personal data is the Seller.
  2. The store uses cookie technology.
  3. Details related to personal data and cookies are described in the privacy policy available at XXX.

 

§ 14 Intellectual property rights

  1. The Seller instructs the Buyer that the content available on the pages of the Store and elements of physical products (e.g., graphic designs) may constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, the copyrights to which are vested in the Seller or other authorized entities, as well as databases protected under the provisions on the protection of databases.
  2. The Seller instructs the Buyer that the exploitation of copyrighted content or the use of databases by the Buyer without the consent of the Seller or other authorized entity, except for use within the framework of permitted use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
  3. The Seller may enter into a separate license agreement with the Buyer related to the Buyer's use of content or databases belonging to the Seller (e.g. through the use of product photographs, use of product descriptions, etc.). In order to conclude such an agreement, the Buyer should apply to the Seller with a proposal to conclude a license agreement, informing the Seller, in particular, about the purposes for which he intends to use the content or databases belonging to the Seller, and about the assumed time of use. Upon receipt of such a proposal, the Seller will make an offer in accordance with its own license policy.

 

§ 15 Opinions

  1. Seller may provide Buyers with the opportunity to post opinions about the Store, Seller or Goods - within the Store or external services belonging to third parties. In this case, the provisions of this paragraph shall apply to the posting of opinions.
  2. Posting an opinion is possible after using the Store, in particular, after concluding the Agreement, and posting an opinion is possible at any time.
  3. The buyer should formulate opinions in a fair, honest and factual manner, as far as possible linguistically correct and without using vulgarisms and other words commonly considered offensive.
  4. It is prohibited to post reviews:
    (a)without prior use of the Store;
    b)on Goods that the Buyer has not used or has not purchased,
    c)fulfilling the elements of an act of unfair competition within the meaning of Article 3 of the Act of April 16, 1993 on combating unfair competition;
    d)violating the personal rights of the Seller or a third party;
    e)by paid users, in particular, in order to artificially increase the rating of the Goods.
  1. The Seller may verify at any time whether the posted opinions comply with the Terms and Conditions, and in particular whether they come from Buyers who have actually used the Goods or purchased the Goods. In addition, in case of any doubts of the Buyer about the posted opinions, the Buyer may report the opinion to the Seller for verification. Upon receipt of a notification from the Buyer, the Seller will take action, appropriate to its capabilities, which will be aimed at verifying the posted opinion.
  2. In case of posting an opinion that does not meet the requirements provided for in the Regulations, the Seller may refuse to publish the opinion or remove it.

 

§ 16 Out-of-court ways of dealing with complaints and claims

  1. The consumer has the opportunity to use out-of-court means of handling complaints and claims. Among other things, the Consumer has the opportunity to:
    (a)apply to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded Agreement,
    b)apply to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Buyer and the Seller,
    c)use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
  1. For more detailed information on out-of-court complaint and redress procedures, Consumers can look at http://polubowne.uokik.gov.pl.
  2. Consumers can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.

 

§ 17 Complaints

  1. Each Buyer has the right to file a complaint on matters related to the functioning of the Store or performance of the Contract. In order to make it easier for the Consumer or PNPK to exercise their rights related to the Seller's liability for the conformity of the Goods to the Contract, the Seller has prepared a model complaint form that the Consumer or PNPK may use. The template is available at https://cosmostash.pl/formularz-reklamacyjny/.
  2. Complaints should be reported to the Seller at hello@cosmostash.pl.
  3. Complaints of Buyers will be considered on an ongoing basis, but no later than within 14 days from the date of receipt by the Seller of the complaint.
  4. The response to the complaint will be sent to the Buyer to the contact provided by the Buyer when submitting the complaint.

 

§ 18 Final provisions

  1. The Seller reserves the right to introduce and cancel offers, promotions and to change the Prices of the Goods in the Store without prejudice to the Buyer's acquired rights, including in particular the terms of the Contracts concluded before the change.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons such as changes in the law, technological changes, business changes - without prejudice to the rights acquired by the Buyer under the Contracts concluded before the change of the Terms and Conditions. Buyers who have a registered account in the Store will be informed of any change in the Terms and Conditions by sending a message to the e-mail address assigned to the user account. If the Buyer does not accept the new Regulations, he may delete his user account free of charge.
  3. Any disputes related to contracts concluded through the Store will be considered by a Polish common court with jurisdiction over the Seller's permanent place of business. This provision does not apply to Consumers and PNPK, for which the jurisdiction of the court is determined by general rules.
  4. These Regulations are effective as of 01.01.2023.
  5. All archived versions of the Regulations are available for download in .pdf format - links are provided below the Regulations.

Store regulations valid until 31/12/2022.