§1 Introductory provisions
- COLDSEA online store , available at www.coldsea.eu , is run by Michał Grzegorek, who runs a business under the name Coldsea, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy. NIP: 7251999654, REGON: 382944430, EU VAT: PL7251999654
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
§2 General information
- The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
- Viewing the Store's assortment does not require creating an Account. Placing Orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
- The prices given in the Store are given in Polish zlotys or euros and include VAT. Currency and tax data are visible when placing the Order.
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services),
about which the Customer is informed on the Store's website when placing the Order, including when expressing will to be bound by the Sales Agreement.
- Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
- Seller - a natural person running a business under the name Coldsea.
- Customer - any entity making purchases through the Store.
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
- Store - an online store run by the Seller at the internet address www.coldsea.eu
- Distance contract - contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
- Regulations - these Store regulations.
- Order - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
- Account - customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
- Registration form - a form available in the Store that allows you to create an Account.
- Order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
- Cart - an element of the Store's software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
- Product - a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - according to the features of the Product - a contract for the provision of services and a contract for specific work.
§ 4 Contact with the Store
- Seller's address: ul. Bałuckiego 6/8 lok. 68, 93-273 Lodz
- Address for the returned and advertised Products: ul. Radka 4 lok. 69, 91-140 Łódź
- Seller's e-mail: firstname.lastname@example.org
- Seller's telephone number: +48 693 657 255
- Seller's bank account number: Alior Bank 36 2490 0005 0000 4530 5559 3529
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer may communicate by phone with the Seller between 8:00 a.m. and 5:00 p.m. on business days (from Monday to Friday, excluding public holidays).
§5 Technical requirements
To use the Store, including viewing the Store's assortment and placing orders for Products, you must:
- terminal device with access to the Internet and a web browser
- an active e-mail account,
- cookies are enabled,
- FlashPlayer installed.
§6 Creating an Account in the Store
- To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: Name and surname, e-mail address, password.
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering the login and password set
in the Registration Form.
- The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 4.
§7 Rules for placing an Order
In order to place an Order:
- select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent);
- log in to the Store or use the option of placing an Order without registration;
- if the option of placing an Order without registration has been chosen - fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the recipient's details,
- click the "Order and pay" button, select one of the available payment methods and, depending on the method of payment, pay for the order within a specified period,
subject to § 8 point 3.
§8 Offered delivery and payment methods
- The Customer may use the following methods of delivery or collection of the ordered Product:
- InPost courier service.
- The customer can use the following payment methods:
- Payment by bank transfer to the Seller's account listed in § 4 point 5.
- Detailed information on delivery methods and acceptable payment methods can be found in the Store's tabs.
§9 Performance of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form
in the Online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer
and the Seller.
- If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 2 calendar days from the date of the Sale Agreement - otherwise the order will be canceled.
- The product will be sent by the Seller within the time specified in its description
(subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
- In the case of ordering Products with different delivery times, the delivery date is the longest given date.
- The start of the period for delivery of the Product to the Customer is counted as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or card - from the date of crediting the Seller's bank account.
- If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within the time specified in the Product description.
The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.
- Delivery of the Product takes place only in the countries listed in the available delivery methods when placing the Order.
- The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Delivery and Payment" tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
§10 The right to withdraw from the contract
- The consumer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the moment the Product is delivered to the address provided by the Consumer when placing the Order.
- The consumer may withdraw from the Agreement by submitting to the Seller a declaration
of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
- The declaration of withdrawal from the contract may be delivered to the Seller
in any form. It is possible to use the Return Form available on the Seller's website in the "Return and Complaint" tab or the template
from the annex to the Act of 30 May 2014 on consumer rights, but it is not obligatory.
- It is recommended to include in the Statement, inter alia:
- a) data of the Customer submitting the statement: name, surname and delivery address,
- b) the date of the declaration,
- c) a list of returned products with their quantity and identification (index / EAN code / Product name),
- d) the preferred method of returning funds for the Product.
- Examples of ways to provide a declaration of withdrawal from the contract:
- Sending the Statement by e-mail to the Seller's e-mail address specified in § 4 point 3 (e-mail: email@example.com ). This can be in the form of an e-mail or a scan of a written statement.
- Sending the Declaration in paper form by traditional mail.
- Consequences of withdrawal from the Agreement:
- In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
- In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him,
including the costs of delivering the goods, except for additional costs resulting
from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.
- The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve
any costs for him .
- The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
- The consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product for shipment before the deadline of 14 days.
- The consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
- The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the cost of returning the Product, will be included in the Product description in the Store
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
§11 Complaints, returns and guarantees
The Sales Agreement covers new Products.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations or using the electronic complaint form provided by the Seller in the "Return and Complaint" tab.
- It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer's request in connection with the defect of the goods
- The Seller will respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified
- Goods returned under the complaint procedure should be sent to the address given in § 4 point 2 of these Regulations (ul. Radka 4 lok. 69, 91-140 Łódź)
- If a guarantee has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.
§ 12 Out-of-court methods of dealing with complaints and redress
- 1.Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
- The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
- The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
§12 Personal data in the Online Store
- The administrator of personal data of Customers collected via the Online Store is the Seller.
- Customers' personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
- The recipients of the personal data of the Customers of the Online Store may be:
- In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
- In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store.
- The customer has the right to access their data and correct them.
- Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§13 Final provisions
- Agreements concluded through the Online Store are concluded in Polish or in English.
- The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
- The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/ .