Terms and Conditions

§1 Definitions

1. Postal address - first and last name or name of the institution, location in the town (in case of a town divided into streets: street, number of the building, number of the apartment or premises; in case of a town not divided into streets: town name and property number), postal code and town.

2. Complaint address:

COSMA DESIGN SP Z O.O.

GEN. JÓZEFA WYBICKIEGO 48
81-842 SOPOT
Poland

3. List of shipping countries available at:

https://cosma.company/en_US/i/Shipping/13

4. contact details:

address:

COSMA DESIGN SP Z O.O.

GEN. JÓZEFA WYBICKIEGO 48
81-842 SOPOT
Poland


e-mail: contact@cosma.company
phone: +48 500429295

5. The delivery - the type of transport service, specifying the carrier and the cost.

6. Proof of purchase - e.g. an invoice, bill, receipt issued in accordance with the VAT Act of 11 March 2004 as amended and other relevant legislation, confirmation of payment by card, statement of account.

7. Product card - a single subpage of the Internet store containing information about a single product.

8. Customer - an adult natural person having full legal capacity, a legal person or an organizational unit without legal personality and having legal capacity, making a purchase from the Seller directly related to its business or professional activity.

9. Civil Code - the Civil Code Act of 23 April 1964 with later amendments.

10. Code of good practices - a set of rules of conduct, and in particular ethical and professional standards, referred to in Article 2 point A of the Civil Code of 23 April 1964 with later amendments. 5. Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.

11. Consumer - an adult natural person having full legal capacity, making a purchase from the Seller not directly related to his/her business or professional activity.

12. Basket - a list of products prepared from the products offered in the store on the basis of the Buyer's choice.

13. Buyer - both the Consumer and the Customer.

14. Place of delivery - postal address indicated in the order by the Buyer.

15. Moment of delivery - the moment when the Buyer or a third party indicated by him for collection will take possession of the item.

16. Payment - the method of payment for the object of the contract and delivery listed at the address.

EN: Available forms of payment that can be used to make a payment:
Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro

In case there is a need to refund the funds for the transaction made by the customer with a payment card, the seller will make a refund to the bank account assigned to the customer's payment card.

PL: Dostępne formy płatności, którymi można realizować płatność:

Karty płatnicze: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro

W przypadku wystąpienia konieczność zwrotu środków za transakcję dokonaną przez klienta kartą płatniczą, sprzedający dokona zwrotu na rachunek bankowy przypisany do karty płatniczej Zamawiającego.

17. Consumer Law - Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827.).

18. Product - minimum and indivisible quantity of the item that can be the subject of the order, and which is given in the Seller's store as a unit of measure when determining its price (price/unit).

19. Subject of the contract - products and delivery being the subject of the contract.

20. subject of performance - subject of the contract.

Item - a movable item which may be or is the subject of the contract.

22. Store - the Internet service available at https://cosma.company/, through which the Buyer can place an order. The exposition of the online store does not constitute an offer pursuant to art. 661 of the Civil Code.

23. Seller:

COSMA DESIGN SP Z O.O.

GEN. JÓZEFA WYBICKIEGO 48
81-842 SOPOT
Poland


KRS 0000738168,
NIP 585-148-49-86,
REGON 380671300

BANK ACCOUNT:

PL 39 1090 0088 0000 0001 4164 6753


24. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of an end device appropriate for a given type of network, commonly referred to as the Internet.

25. completion date - the number of hours or working days specified on the product card.

26. Contract - a contract concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.

27. Defect - both a physical defect and a legal defect.

28. Physical defect - inconsistency of the sold thing with the contract, and in particular if the thing:

a. it does not have properties, which an object of this kind should have due to the purpose in the contract marked or resulting from the circumstances or purpose;

b. it does not have properties, the existence of which the Seller provided to the Consumer,

c. is unsuitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller has not objected to such purpose;

d. has been issued to the Consumer in incomplete condition;

e. in case of incorrect installation and start-up, if these actions were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;

f. it does not have the competence, of which the manufacturer or its representative or the person who places the item on the market within the scope of his business activity and the person who, by placing his name, trade mark or other distinctive sign on the item sold, presents himself as the manufacturer, unless the Seller did not know or, judging reasonably, could not know or could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before conclusion of the contract.

29. Legal defect - a situation when the sold thing is owned by a third party or is encumbered with the right of a third party, as well as if the limitation in use or disposal of the thing results from a decision or ruling of a competent authority.

30. order - a declaration of will of the Buyer submitted through the store specifying unambiguously: type and quantity of products; type of delivery; type of payment; place of delivery, Buyer's data, and aiming directly at concluding a contract between the Buyer and the Seller.

§2 General conditions
1. The contract shall be concluded in accordance with local law, applicable to Seller's registered office and these terms and conditions.

2. the Store conducts sales on the territory of the Republic of Poland and abroad.

3. The Seller is obliged and undertakes to provide services and deliver items free of defects.

4. All prices given by the Seller are expressed in Polish currency and are gross prices (including VAT). Prices of products do not include the cost of delivery, which is specified in the delivery price list available at https://cosma.company/ .

5. the Seller is liable to the Customer by virtue of warranty if a physical defect is found before the lapse of two years from the date of handing over the goods to the Customer.

6. Confirmation, access, consolidation, security of all significant provisions of the contract in order to gain access to this information in the future takes place in the form:

a. order confirmation by sending to the indicated e-mail address: order, information about the right of withdrawal from the contract, these regulations in pdf version, a specimen withdrawal form in pdf version, links to download the regulations and a specimen withdrawal from the contract;

b. attach a printed proof of purchase to the completed order, sent to the indicated place of issue.

7. The Seller shall not charge any fees for communication with him using the means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract which he concluded with a third party providing him with a specific service enabling distance communication.

8. The Seller shall ensure to the Buyer using the system the correctness of operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. Using third party software that affects the operation and functionality of the browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to get the full functionality of the store https:https://cosma.company/ , you must disable them all.

9. The buyer can use the option to store his data in order to facilitate the process of placing the next order. For this purpose, the buyer should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer has at any time the possibility to view, correct, update and delete the account in the store.

10. The Seller follows the code of good practice.

§3 Conclusion of the contract and implementation

1. orders can be placed 24 hours a day.

2. In order to place an order, the Buyer should perform at least the following activities, some of which may be repeated many times:

a. adding the product to the basket;

b. choosing the type of delivery;

c. choosing the type of payment;

d. choosing the place of delivery;

e. placing an order in the store by using the "Buy and pay" button.

3. The conclusion of the contract with the Consumer takes place at the moment of placing an order.

4. The realization of the Consumer's order paid on delivery takes place immediately, and the order paid by bank transfer or through the electronic payment system after the Consumer's payment is credited to the Seller's account.

5. The conclusion of the contract with the Customer takes place at the moment of acceptance of the order by the Seller, of which he informs the Customer within 48 hours from placing the order.

6. Execution of the Client's order payable on delivery takes place immediately after the conclusion of the contract, and the order payable by bank transfer or through the system of electronic payments after the conclusion of the contract and crediting the Client's payment to the Seller's account.

7. Execution of the Client's order may be dependent on making a payment in whole or in part of the value of the order or obtaining a trade credit limit at least of the value of the order or the Seller's consent to send the order on delivery (payable on delivery).

8. Sending the subject of the contract takes place within the time limit specified on the product card, and for orders composed of many products within the longest period of time from products specified on the product cards. The term begins at the moment of order realization.

9. The purchased subject of the contract is, together with the sales document, sent by the Buyer by the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with attachments referred to in §2 point 6b.

§4 Right to withdraw from the contract

1. The consumer, pursuant to Article 27 of the Consumer Law, has the right to withdraw from a contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.

2. The deadline for withdrawal from a contract concluded at a distance is 30 days from the date of issue of the item, and to keep the deadline it is sufficient to send a statement before its expiry.

3. Statement of withdrawal from the contract The Consumer may submit a written form in accordance with the Consumer Law.

4. The Seller shall immediately confirm to the Consumer by e-mail (given at the conclusion of the contract and other if given in the statement submitted) receipt of the statement of withdrawal from the contract.

5. In the case of withdrawal from the contract, the contract is considered not concluded.

6. The Consumer is obliged to return it to the Seller immediately, but not later than 14 days from the day on which he withdrew from the contract. In order to keep the deadline, it is sufficient to send back the item before its expiry.

7. The Consumer sends back the items being the subject of the contract, from which he withdrew at his own cost and risk.

8. The consumer shall be responsible for reducing the value of the item being the subject of the contract and resulting from its use in a manner exceeding the necessary to determine the nature, characteristics and functioning of the item.

9. The Seller shall immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivery of the item, and if the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Seller, the Seller shall not return additional costs to the Consumer in accordance with Article 33 of the Consumer Law.

10. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has explicitly agreed to another method of payment, which does not involve any costs for him.

11. the Seller may withhold the return of the payment received from the Consumer until the moment of receiving the item back or providing the Consumer with the proof of its return, depending on which event occurs earlier.

12. the Consumer, according to art. 38 of the Consumer Law, is not entitled to withdraw from the contract:

a. where the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract;

b. in which the subject of the service is an unprocessed item, produced according to the consumer's specification or serving to satisfy his individual needs;

§5 Warranty

1. The Seller, pursuant to Article 558 § 1 of the Civil Code, excludes liability towards the Customers for physical and legal defects (warranty).

2. The Seller shall be liable to the Consumer on the principles set out in Article 556 et seq. Civil Code for defects (warranty).

3. In case of an agreement with a Consumer, if a physical defect was found within one year from the moment of handing over the item, it is assumed that it existed at the moment of passing the danger to the Consumer.

4. The Consumer, if the sold thing has a defect, may:

a. make a statement on demand to reduce the price;

b. make a statement of withdrawal from the contract;

Unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect free of defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free item or remove the defect, he shall not be entitled to replace the item or remove the defect.

5. The Consumer may, instead of the Seller's proposed removal of the defect, demand replacement of the item with the defect-free item or demand removal of the defect instead of replacement of the item, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, however, when assessing the excessive costs, the value of the defect-free item, type and meaning of the defect found shall be taken into account, as well as the inconvenience to which the Consumer would be exposed by another way of satisfaction.

6. The Consumer may not withdraw from the contract if the defect is insignificant.

7. The Consumer, if the sold thing has a defect, may also:

a. demand to replace the item with a defect-free one;

b. demand removal of the defect.

8. The Seller is obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without excessive inconvenience to the Consumer.

9. The Seller may refuse to satisfy the Consumer's demand if it is impossible to bring the defective thing into conformity with the contract in the manner chosen by the Buyer or in comparison with the other possible manner of bringing it into conformity with the contract would require excessive costs.

10. The Consumer, who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the complaint address in accordance with the complaint procedure available at the address: https://cosma.company/ , and if, due to the type of thing or method of its installation, delivery of the thing by the Consumer would be excessively difficult, the Consumer shall be obliged to make the thing available to the Seller in the place where the thing is located. In case of failure to fulfill the obligation by the Seller, the Consumer is entitled to send back the item at the cost and risk of the Seller.

11. the costs of replacement or repair shall be borne by the Seller.

12. The Seller shall be obliged to accept a defective item from the Consumer in case of replacing the item with a defect-free item or withdrawing from the contract.

13. Within fourteen days, the Seller shall respond to:

a. statement on demand to reduce the price;

b. statement on withdrawal from the contract;

c. a request to replace the goods with a defect-free one;

d. a demand to remove the defect.

Otherwise, it shall be deemed to consider the statement or demand of the Consumer as justified.

14. the Seller shall be liable under warranty if a physical defect is found within two years from the moment of handing over the goods to the Consumer.

15. The Consumer's claim for removal of the defect or replacement of the sold thing with a defect-free one shall be time-barred with the lapse of one year, counting from the day of stating the defect, however, not earlier than before the lapse of two years from the moment of handing over the thing to the Consumer, and if the object of sale is a used thing before the lapse of one year from the moment of handing over the thing to the Consumer.

16. In case when the expiry date of usefulness of the item specified by the Seller or manufacturer ends after two years from the moment of handing over the item to the Consumer, the Seller shall be liable by virtue of warranty for physical defects of the item found before this date.

17. Within the time limits specified in §4 point 4. 15-17 The Consumer may submit the statement of withdrawal from the contract or reduction of price due to the physical defect of the sold thing, and if the Consumer demanded replacement of the thing with a defect-free one or removal of the defect, the period for submitting the statement of withdrawal from the contract or reduction of price starts at the moment of ineffective expiry of the period for replacing the thing or removing the defect.

18. In case of an investigation before a court or an arbitration court of one of the warranty rights, the period for the exercise of other rights, which the Consumer is entitled to on this account, shall be suspended until the proceedings are finally terminated. It also applies accordingly to mediation proceedings, while the deadline for exercising other rights under the warranty to which the Consumer is entitled begins to run from the day the court refuses to approve the settlement agreement concluded before the mediator or ineffective completion of mediation.

§6 Out-of-court settlement of disputes concerning purchases in the Internet store

1. In the case of a dispute arising between the Seller and the Consumer in connection with making a purchase in the Store, the Consumer may use out-of-court methods of examining complaints and asserting claims, inter alia, by submitting a complaint in a selected official language of the European Union, including Polish, via the EU online ODR platform, available at the address: http://ec.europa.eu/consumers/odr/

§7 Privacy policy and personal data security

1. The administrator of personal data provided in connection with the use of functionalities available in the Store is the Seller, i.e.

COSMA DESIGN SP Z O.O.

GEN. JÓZEFA WYBICKIEGO 48
81-842 SOPOT
Poland


KRS 0000738168,
NIP 585-148-49-86,
REGON 380671300

2. The Seller indicates the following mail address for contact in all matters related to personal data protection :

by letter:

COSMA DESIGN SP Z O.O.

GEN. JÓZEFA WYBICKIEGO 48
81-842 SOPOT
Poland

3. Third Personal data provided by you during registration, subsequent edition of your account in the Shop https://cosma.company/ and at the time of accession to the use of services provided electronically (e.g. shopping in the Shop), will be processed by the Seller, first of all, in order to perform the concluded contract for the provision of services electronically under the conditions described in the regulations (establishing, shaping the content, changing or terminating the legal relationship within the services provided by the Service and considering any complaints). The legal basis for such processing is Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter the "Regulation").

4. In addition, these data will be processed by Cosma Design Sp. z o.o. . in order to market its own services (in cases where the law allows processing of data for this purpose without the consent of the data subject), based on the legal basis specified in Article 6(1)(f) of the Regulation.

5. In the case of ordering by the Newsletter services, personal data will be processed on the principles set out in the Privacy Policy.

6. Personal data provided / made available in the store may also be used by the Seller for other purposes, if you express a separate, optional, consent to such processing.

7. The data is processed for the purpose of providing services, including the performance of the contract and sale of products, as well as in cases where it is necessary to fulfill the legally justified objectives of the data controller, in particular for direct marketing of its own products or services, or for other purposes to which the user agrees, if it is required under applicable laws. In particular, it may be a consent to receive correspondence and commercial information about the Seller's own products and services and partners cooperating with Cosma Design Sp. z o.o. sent by e-mail and telephone.

8. Personal data may be disclosed to employees or associates of the Seller as well as entities providing support to the Seller on the basis of commissioned services and in accordance with the concluded contracts of entrustment and entities authorized under the law.

9. Users of the Shop who have agreed to the processing of personal data within the framework of the Shop have the right to access their personal data, correct, delete or limit the processing, the right to object to further processing (if the basis for processing is the justified interest of the administrator), the right to transfer personal data. The User has also the possibility to view, correct, update and delete his/her personal data at any time.

10. Providing personal data during registration or use of services in the Shop is voluntary, but necessary to register in the Shop (e.g. account registration) or use services that require providing personal data in the Shop.

11. any consent expressed in the store concerning the processing of personal data or the transmission of commercial information may be revoked at any time.

12. personal data will be processed until the statute of limitations of possible claims after deletion of the account, and in the case of marketing activities, until the withdrawal of consent for their further processing. In case of purchases made, data related to the account/invoice will be processed until the statute of limitations for tax liabilities expires and until the statute of limitations for claims or the warranty period ends.

13. detailed rules of collecting, processing and storing personal data used to carry out orders by the store are described in the Privacy Policy, which is located at the address: https://cosma.company/en_US/i/Privacy-Policy/15.

§8 Salvatorial clause

If any provision of the Terms of Use is found unlawful, invalid or otherwise unenforceable to the extent provided by the laws of any country in which it is intended to apply, then to the extent that such provision is unlawful, invalid or unenforceable, and in accordance with the laws of the jurisdiction in which it is unlawful, invalid or unenforceable, it shall be severed and deleted, and to the remainder, the provisions of the Terms of Use shall remain in full force and effect and shall continue to be binding and enforceable.

§9 Final Provisions

1. Nothing in these terms and conditions is intended to affect the rights of the Buyer.

2. The current version of the regulations is always available to the Buyer in the regulations tab ( https://cosma.company/en_US/i/Terms-and-Conditions/14 ). During the execution of the order and during the entire period of after-sales care of the Buyer, the regulations accepted by him at the time of placing the order shall apply. Except for the situation when the Consumer considers it less favourable than the current one and informs the Seller about the choice of the current one as binding.

3. In matters not regulated by these regulations, appropriate legal regulations shall apply. Disputable issues, if the Consumer expresses such a wish, shall be resolved by means of mediation proceedings or an amicable court. As a last resort, the matter shall be resolved by a court having jurisdiction in the place and subject matter.

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