- 1 GENERAL PROVISIONS
- The online store, operating at www.coollycoolly.com (hereinafter referred to as the Store), is run by “Fundusz DAF Finance spółka akcyjna” sp. J. with their registered office in Wrocław (53-329), pl. Powstańców Śląskich 1/114, NIP (Tax Identification Number): 8971791936, KRS (National Court Register) 0000489410 (hereinafter referred to as: the Seller).
- Contact details of the entrepreneur, enabling the Buyer to contact the Seller:
2) telephone number: 699866409;
3) e-mail: contact@coollycoolly.com.
- The use of the Store may only take place on the terms and to the extent specified in these Regulations.
- To place orders for the Product in the form of a massaging device (hereinafter referred to as: the Product), which may be the subject of the sales contract, it is necessary to accept all the provisions of the Regulations by marking the appropriate field in the order form.
- To successfully place an order in the Store, you need a device that allows you to browse the web. This action may depend on the configuration of the Buyer’s web browser options, which is the sole responsibility and risk of the Buyer.
- All rights to all or part of the graphic elements, page layout and other elements placed on the Store’s website are reserved and protected by law, in particular the Act of February 4, 1994 on copyright and related rights.
- The content of the Store’s website cannot be copied, transmitted or otherwise used for commercial purposes by the Buyer without prior written consent of the Seller.
- 2 COMMERCIAL INFORMATION
- The information contained on the Store’s website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to submit offers to conclude a sales contract.
- The prices of the Product visible on the Store’s website are gross prices (including VAT) expressed in Polish zlotys (PLN).
- The prices listed next to the Product do not include transport costs, about which the Buyer will be informed when choosing the delivery method when placing the order.
- The Seller reserves the right to change the prices of the Product presented on the Store’s website, to post information about new products, to conduct and cancel promotional campaigns, or to introduce changes to them.
- The Seller declares that the Product have approvals required by Polish law and a quality guarantee granted by their manufacturer.
- The ordered Product is delivered within the territory of the Republic of Poland or abroad, if such a possibility was introduced in the delivery method options when placing the order.
- 3 TRANSACTION
- The Product is purchased in the Store by filling in the appropriate forms on the Store’s website, concerning the quantity of the Product and the delivery method.
- When placing an order, the Buyer is obliged to provide correct personal data in the form: name and surname, exact address, e-mail address and mobile phone number.
- After receiving an e-mail about the receipt of the order, the acceptance of the order for execution will be confirmed by the Seller electronically. Upon confirmation of accepting the order by the Seller, the contract is considered concluded.
- 4 PAYMENT
- The Buyer may choose the following forms of payment for the purchased Product:
- bank transfer;
- payment card or bank transfer via an external quick payment system available on the Store’s website;
- The payment is considered made when the funds are credited to the Seller’s account
- – in the case of payment via bank transfer.
- The Buyer should make the full payment for the order in the amount resulting from the concluded sales contract (price) within 3 working days.
- If the Buyer fails to fulfil the obligation to make the payment, the Seller will withdraw from the contract, immediately informing the Buyer about it via e-mail.
- 5 DELIVERY
- The Seller will deliver the ordered Product without undue delay, however taking into account the current stock levels.
- On the day of sending the Product to the Buyer, information confirming the shipment will be sent to the Buyer’s e-mail address.
- The ordered Product is delivered to the Buyer via a third party deliverer to the address indicated by the Buyer in the order form. When choosing InPost Paczkomaty sp. z o.o. based in Kraków as the deliverer, the delivery address will be the address of the parcel locker selected by the Buyer at the time of ordering.
- In accordance with the Buyer’s instruction, the Seller attaches to the shipment, being the subject of the delivery, a receipt or a VAT invoice concerning the delivered Product. In order to receive a VAT invoice, the Buyer at the time of placing the order should declare that they are acquiring the Product as an entrepreneur (taxpayer). The above declaration is submitted by marking the appropriate field in the order form along with providing the data necessary to issue an invoice.
- The Customer is obliged to inspect the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a defect or damage to the shipment, the Buyer has the right to require the deliverer’s employee to draw up a proper protocol describing the damage.
- 6 COMPLAINTS
- The Seller ensures the delivery of the Product free from physical and legal defects. The Seller is liable to the Buyer if the Product have a physical or legal defect (warranty).
- The Seller excludes their liability under the warranty in relation to entities other than consumers or individual entrepreneurs.
- An individual entrepreneur is a natural person concluding a contract directly related to the economic activity conducted by them, if the contents of this contract indicate that it does not have a professional nature for them, resulting in particular from the subject of their economic activity.
- Any complaints related to the Product may be sent by the Buyer in writing to the Seller’s address or to the following e-mail address: contact@coollycoolly.com.
- The Seller, within 14 days from the date of receipt of the statement containing the complaint, will respond to the complaint submitted by the Buyer.
- In the case of the Buyer who is a consumer or an individual entrepreneur, the costs of the complaint are covered by the Seller, in particular the cost of delivering the Product being the subject of the complaint to the Seller and sending it back to the Buyer by the Seller.
- If the Product have defects, the Buyer can:
- submit a declaration of price reduction or withdrawal from the sales contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective Product with a Product free from defects or removes the defect. This restriction does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or remove the defects. The Buyer may, instead of the removal of the defect proposed by the Seller, demand that the Product be replaced with a Product free from defects, or instead of replacing the Product, demand that the defect be removed, unless it is impossible to bring the Product into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects is taken into account, the type and significance of the defect found, and the inconvenience to which the Buyer would otherwise be exposed.
- demand replacement of the defective Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with a Product free from defects or remove the defect within a reasonable time without undue inconvenience to the Buyer. The Seller may refuse to satisfy the Buyer’s request if it is impossible to bring the defective Product into compliance with the sales contract in the manner chosen by the Buyer or it would require excessive costs compared to the second possible method of ensuring compliance with the sales contract. The costs of repair or replacement are borne by the Seller.
- 7 WITHDRAWAL FROM THE CONTRACT
- The Buyer who is a consumer or an individual entrepreneur who has concluded a contract within the meaning of § 3 sec. 3, may withdraw from it within 14 days without giving any reason.
- The time limit for withdrawing from the contract begins with taking possession of the Product.
- To meet the time limit referred to in sec. 2, it is enough to send a statement before its expiry to the Seller’s e-mail address: contact@coollycoolly.com. The Seller shall immediately confirm to the Buyer the receipt of the submitted statement.
- Not later than within 14 days from the date of receipt of the Buyer’s statement on withdrawal from the sales contract, the Seller will return all payments made by them, including the cost of delivery of the Product to the Buyer. The Seller may withhold the reimbursement of payments received from the Buyer until the Product is returned to them.
- The Seller returns the payment using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of returning the payment.
- The Buyer is obliged to return the Product to the Seller immediately, but not later than within 14 days from the date on which they withdrew from the sales contract.
- In the event of withdrawal from the contract, the Buyer bears only the direct costs of returning the Product to the Seller.
- The Buyer is liable for a decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature and characteristics of the Product.
- 8 PROTECTION OF PERSONAL DATA
- To place orders for the Product, it is necessary for the Buyer to give prior consent to the processing of their personal data in order to enable them to conclude a contract, which takes place by marking the appropriate field in the order form for goods or services.
- The processing of personal data by the Seller takes place on the terms set out in the Privacy Policy, available on the Store’s website.
- 9 FINAL PROVISIONS
- The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Buyers who are entrepreneurs other than individual entrepreneurs, the Seller is liable only in the event of deliberate damage and within the limits of actual losses incurred by the Buyer who is such an entrepreneur.
- These Regulations are available at the Store’s website and are valid from the date they are made available on the website.
- The Seller reserves the right to unilaterally amend and modify the Regulations.
- Any possible invalidity of individual provisions of the Regulations will not invalidate all of its provisions. Invalid provisions are superseded by applicable law.
- In the event of any disputes, the parties will try to resolve them through direct negotiations. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
- In matters not covered by the Regulations, the relevant provisions of generally applicable law, including the Civil Code, will apply.