The payment operator for payment by bank transfer is the Cashbill service – www.cashbill.pl (“Service”), administered by CASHBILL Spółka Akcyjna with its registered office in Katowice (“Cashbill”). The customer may file a complaint in writing or by sending an e-mail to: kontakt@cashbill.pl; if the Customer has an account on the CashBill website – the complaint may be filed via the user account.
TERMS OF USE
There are two ways to conclude a sales contract between the Customer and the Seller:
1/ through negotiations between the Customer and the Seller – in case of special orders or
2/ via the online Store
Before placing an Order, the customer has the right to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following terms. These negotiations should be conducted and directed to the Seller’s e-mail address biuro@kobakstyle.com or in writing to the address: KOBAKstyle Sienkiewicza 36, 38-300 Gorlice, Poland.
In the event that the Buyer does not wish to use the possibility of individual negotiation to conclude a contract, the following terms and conditions and appropriate laws apply.
TERMS AND CONDITIONS OF THE ONLINE STORE KOBAKSTYLE.COM (as of 22.09.2018)
I. Definitions
The following terms will have the meanings indicated below:
1. Terms of Use – these regulations for the provision of electronic services as part of the online store www.kobakstyle.com along with all attachments constituting its integral part, including the Privacy Policy in particular;
2. Customer – a natural person, a legal person or an organizational unit that is not a legal entity; who is granted legal capacity by special provisions; who makes an Order in the Store (this includes the Customer being both a Consumer and an entrepreneur);
3. Consumer – a natural person making a legal transaction in the Store not directly related to their business or professional activity within the meaning of art. 221 of the Civil Code;
4. Store Owner (Seller) – Lucyna Mysłakowska running a business activity under the name KOBAKstyle at the address Sienkiewicza 36, 38-300 Gorlice, tax identification number NIP 7381283569
5. Online Store (Store) – internet service available at www.kobakstyle.com through which the Customer may place Orders, make purchases of certain Products and use other services offered as a part of the Store;
6. Product – goods offered as part of the Store, which consists of a piece(s) of clothing, a hanger, a cover and a box with the brand’s logo.
7. Sales Contract – a sales agreement within the meaning of the Civil Code, concluded between the Store Owner (the Seller) and the Customer, using the online store website under the terms indicated in these Terms of Use;
8. Civil Code – law of 23 April 1964 r. (Journal of Laws Nr 16, item 93 as amended);
9. Code of Civil Procedure – law of 17 November 1964 r. (Journal of Laws Nr 43, item 296 as amended);
10. Consumer Rights Act – law of 30 May 2014 r. on consumer rights (Journal of Laws from 2014 r., item 827);
11. Act on Providing Services by Electronic Means – act of 18 July 2002 r. on providing services by electronic means (Journal of Laws Nr 144, item 1204 as amended);
12. Order – Customer’s declaration of intent, aimed directly to conclude a Sales Contract on the terms indicated in these Terms of Use, specifying in particular the type and number of ordered Products.
II. General provisions
1. These Terms of Use define the rules of using the online store available at www.kobakstyle.com
2. These Terms of Use are the regulations referred to in the article 8 of the Act on Providing Services by Electronic Means
3. The Online Store available at www.kobakstyle.com is run by Lucyna Mysłakowska running a business activity under the name KOBAKstyle at the address: ul. Sienkiewicza 36, 38-300 Gorlice, Poland, having the tax ID NIP7381283569, being the VAT payer; e-mail address: biuro@kobakstyle.com, phone number:
4. The following Terms of Use determine in particular:
a) the rules for registering and using the account as a part of the Online Store;
b) the terms and conditions of electronic booking of Products available as part of the Online Store;
c) the terms and conditions for submitting Orders via the Online Store by electronic means;
d) rules of concluding Sales Contracts with the use of services provided as a part of the Online Store.
5. Information about the Products provided on the Store’s websites, in particular their descriptions, parameters and prices, constitute an invitation to conclude a Contract, within the meaning of art. 71 of the Civil Code.
6. In order to use the Online Store, the Customer should gain access to a computer station or other device with access to the Internet, as well as have an active e-mail account.
7. In accordance with applicable law, the Seller reserves the right to limit providing the services via the Online Store to persons who have not reached the age of 18 years. In this case, potential customers will be notified of the above.
8. Customers can get access to these Terms of Use at any time via the link found on the Store page www.kobakstyle.com in the Contact tab and download it, save it on a carrier and/or print it out.
III. Terms of using the Online Store
1. The condition to start using the Online Store is registration within its framework.
2. Registration takes place by completing and accepting the registration form, available on one of the Store’s websites.
3. The condition of registration is to agree to the content of the Terms of Use and provide personal / company data – marked as mandatory.
4. The Store Owner may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store’s resources, with immediate effect, if the Customer violates the Terms of Use, in particular when the Customer:
a) provided during registration in the Online Store data that are untrue, inaccurate or out of date, misleading or violating the rights of third parties,
b) committed (through the Store) violation of personal rights of third parties, including other customers of the Store,
c) committed other behaviours that are against the applicable laws or general rules of the Internet use (netiquette).
2. A person who has been deprived of the right to use the Online Store cannot re-register without the prior consent of the Store Owner.
3. In order to ensure the security of the transmission of messages and data in relation to the services provided on the website, the Online Store takes technical and organizational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent the unauthorized collection and modification of personal data sent on the Internet.
4. The Customer is in particular obliged to:
a) not providing and not forwarding content prohibited by law, or other activities that are against the law or morality, or which violate personal rights or other rights of third parties,
b) use the Online Store in a way that does not impact its functioning, in particular through the use of specific software or devices,
c) not taking actions such as: sending or placing unsolicited commercial information (spam) in the Online Store,
d) use any content posted on the Online Store only for personal use,
e) use the Online Store in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Terms of Use, as well as the general principles of using the Internet.
IV. Procedure of concluding a Sales Contract
1. In order to conclude a Sales Contract via the Online Store, it is necessary to go to the website www.kobakstyle.com, select the Product, take further technical steps based on the messages displayed to the Customer and the information available on the website.
2. The choice of the Products ordered by the Customer is made by adding them to the basket.
3. During placing an Order – until the “Order” button is pressed – the Customer has the possibility to modify the entered data and the selected Product. To do this, it is necessary to follow the messages displayed to the Customer and information available at www.kobakstyle.com
4. After the Customer using the Online Store provides all the necessary data , a summary of the placed Order will be displayed. The summary of the placed Order will contain information regarding:
a) the Product that is ordered,
b) individual and total price of ordered Products or services, including delivery costs and additional costs (if applicable),
c) the selected payment method,
d) the selected delivery method,
e) personal data of the ordering Customer,
f) VAT invoice details (if the customer requested it).
5. In order to send an Order, it is necessary to accept the content of the Terms of Use and provide personal data marked as mandatory.
6. Placing an Order by the Customer is a declaration of will to conclude a Sales Contract with the Seller in accordance with the content of the Terms of Use.
7. After placing the Order, the Customer receives an email containing the final confirmation of all essential elements of the Order.
8. The Contract is deemed concluded with the moment the Customer receives the e-mail, as mentioned above.
9. The Sales Contract is concluded in Polish, with the content in accordance with the Terms of Use.
V. Delivery
1. The delivery of the Product is limited to the territory of the Republic of Poland, European Union countries, the United States, Canada, and is delivered to the address indicated by the Customer while placing the Order.
2. The ordered Products are delivered by post; personal collection is possible at the points of sale – listed on the Online Store. The costs of delivery of the Product to the Customer depend on the payment method and method of delivery selected by the Customer. Delivery costs are presented on the www.kobakstyle.com website. In addition, delivery costs will be indicated at the time of placing the Order.
3. The delivery time is about 14 business days, up to 42 business days from the date of placing the Order by the Customer.
4. Customers can access these Terms of Use at any time via the link found on the kobakstyle.com homepage, download it and print it out. Consolidation, protection, disclosure and confirmation of the essential provisions of the Sales Agreement to the Client takes place by sending to the provided e-mail address and attaching a confirmation printout, Order Specification and VAT invoice to the package.
VI. Prices and payment methods
1. The prices of the Products are provided in Polish zloty, VAT is added when placing the Order (with distinction of the rate),
2. The customer can pay:
a) before the delivery by bank transfer to the Seller’s bank account number: account number
in the “Title” field, please enter the Order number; the ordered Product will be dispatched after receiving the transfer;
b) on delivery – at the time of the receipt of the parcel.
3. In the event of selecting the option of payment by bank transfer for the ordered Products, such payment should be made within 7 days from the date of receiving confirmation of placing the Order. In case of lack of payment within the above-mentioned period, the Order will be cancelled.
4. A fiscal receipt is issued for each Order. At the Customer’s request, the Shop issues invoices.
VII. The right to withdraw from the Contract (applies to the Customer who is a Consumer)
1. You have the right to withdraw from the Sales Contract within 14 days without providing any reason. The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the product or in which a third party other than the carrier and indicated by you came into possession of the item.
2. To exercise your right of withdrawal, you must inform the Store of your decision to withdraw from the Contract by an explicit statement (for example, a letter sent by post or e-mail). You can use the withdrawal template, but it is not mandatory.
3. To keep the deadline to withdraw from the Contract, it is sufficient if you send the information regarding withdrawing from the Contract before the deadline to withdraw from the Contract.
4. Effects of withdrawing from the Contract
In the event of withdrawal from the Sales Contract, you will have to bear the direct costs of returning the Product(s).
The Seller will refund the value of the Order, i.e. the purchase price of the Products along with delivery costs (except for additional costs resulting from the delivery method chosen by you, other than the cheapest usual delivery method offered by the Seller), no later than within 14 (fourteen) days from the date of withdrawal by the Customer who is a Consumer from the Sales Contract. The Seller has the right to withhold the reimbursement of payments received from the Customer who is a Consumer until the moment of receiving the Product or a proof of its return from the Customer who is a Consumer, whichever occurs first.
The Seller will make the payment back using the same payment method used in the original transaction, unless the Customer has explicitly agreed otherwise.
Please send back or return the item immediately, and no later than 14 days from the date on which you informed us of your withdrawal from the Agreement. The deadline is met if you send the item back before the 14th day.
You are only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish its nature, characteristics and functioning.
5. The right to withdraw from the Sales Contract by the Customer who is a Consumer is excluded in the event that the subject of the Sales Contract are goods that go beyond the Store’s standard offer, prepared for the Customer’s special order, tailored to their individual needs, as well as services which, because of their nature, cannot be returned.
6. The Customer who is a Consumer should exercise due diligence to ensure that the Product being returned is packaged in a manner that ensures that the parcel is not damaged in transit.
Template withdrawal form
(this form should be filled in and returned only if you wish to withdraw from the Contract):
LUCYNA MYSŁAKOWSKA
FHMU ARTDERM
38- 300 GORLICE, SIENKIEWICZA 36, Poland
I/We (*) hereby withdraw from the agreement which I/we (*) concluded for the purchase of the following goods (*)/the provision of the following services (*):
– Ordered on (*)/received on (*):
– Name of the consumer(s):
– Address of the consumer(s):
– Signature of the consumer(s) (only for notification on paper)
– Date
(*) Delete as applicable
VIII. Complaints about the Products
1. The Seller is responsible to the Customer being a Consumer under the warranty for defects in the scope specified in the Civil Code. As a general rule, the Seller is responsible to the Consumer if the Product sold has a physical or legal defect, a detailed description of which is in the Civil Code in the section entitled Warranty for Defects, provisions from art. 556 to art. 576. The Seller’s responsibility is based on the following principles provided in paragraphs 2 – 9 below, provided that they do not conflict with the applicable provisions of the Civil Code.
2. Complaints arising from the infringement of customer’s rights guaranteed by law or under these Terms of Use should be directed to the e-mail address kontakt@kobakstyle.com. The Seller undertakes to consider each complaint within 14 days, and in case it is not possible, the Seller will inform the Customer during this period when the complaint will be considered.
3. As a producer of goods, the Seller is liable under the warranty of the sold Product under the terms and during the statutory period.
4. The complaint should contain a description of the Product’s defect, the date of the purchase of the Product, the date of identifying the defect and the requested way of removing the defect.
5. The Customer should – if it does not infringe the Customer’s rights resulting from the Sales Contract or from the law – deliver the defective Product to the Store’s office without undue delay to enable the Seller to inspect the Product and take other indicated actions to resolve the complaint.
6. If the Product has a defect, the Customer may submit a price reduction request, a declaration of withdrawal from the Contract (request a refund), request a replacement of the defective Product with a Product free from defects or request removal of the Product’s defect.
7. The Customer may submit a statement of price reduction or withdrawal from the Contract, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a Product free from defects or removes the defect from the Product. The above limitation does not apply if the Product has already been replaced or repaired by the Seller, or the Seller has not performed the obligation to replace the defective Product with a Product free from defects or has not removed the defect of the Product. In addition, the Consumer may, instead of the proposed by the Seller removal of the defect, demand a replacement of the defective Product with a Product free of defects or, instead of the replacement, the Consumer may demand removal of the Product’s defect unless it is impossible to conform with the Contract in a manner chosen by the Customer who is a Consumer or if it requires excessive costs compared to the method proposed by the Seller. Customer’s right to withdraw from the Contract is not payable if the defect is irrelevant.
8. In the event of a negative consideration of the complaint or violation of the Client’s interests, the Customer may use non-judicial means of dealing with complaints and pursuing claims such as mediation. Regardless of the above, the Customer who is a Consumer can turn to the municipal (poviat) consumer ombudsman for help. Information on this subject can be obtained on the website of the Office of Competition and Consumer Protection at the address: www.uokik.gov.pl. In addition, kobakstyle.com Online Store informs that there is the possibility of out-of-court settlement of disputes regarding contractual obligations arising from online Sales Contracts between Consumers and entrepreneurs at EU level, using the ODR Platform, which is the access point for Consumers and entrepreneurs interested in out-of-court resolution of disputes covered by the Regulation of European Parliament and Council (EU) No 524/2013 of 21 May 2013. The ODR platform at http://ec.europa.eu/consumers/odr/ is an interactive website that can be accessed electronically and free of charge in all the official languages of the Union’s institutions.
IX. Complaints regarding the provision of services by electronic means
1. The Store Owner takes actions to ensure that the Store operates properly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by the Customers within a reasonable time.
2. The Customer is obliged to immediately notify the Store Owner about any irregularities or interruptions in functioning of the Online Store.
3. In the complaint, the Customer should provide their name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.
4. The Store Owner undertakes to review each complaint within 14 days, and in case it is not possible, to inform the Customer during this period, when the complaint will be considered.
X. Personal data protection
1. The Store Owner, as the administrator of personal data, undertakes to take all the necessary technical and organizational measures appropriate to the degree of danger in order to ensure the security of all personal data provided by the Customer in connection with the use of the Online Store.
2. Customers’ personal data are processed in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data. The customer who has registered in the Store has the right to inspect their data, to correct them and demand to cease their use. Data can be viewed and changed after logging into the Store, as part of an individual account of a given Customer.
3. Detailed rules regarding the processing of Customers’ personal data are contained in the Privacy Policy located on the Store’s website.
XI. Final Provisions
1. Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, is subject to the competent courts in accordance with the provisions of the relevant regulations of the Code of Civil Procedure.
2. Settlement of any disputes arising between the Seller and the Customer, who is not a Consumer, is subject to a court having jurisdiction over the seat of the Seller.
3. For the avoidance of doubt, it is stated that none of the provisions of these Terms of Use limits the rights of the Client as they are entitled to under the provisions of the law in force in the territory of the Republic of Poland. In case of determining the existence of a provision of this nature, the provisions of the law in force in the Republic of Poland, in particular the Civil Code and the Act on Consumer Rights, apply.
4. In matters not covered by these Terms of Use, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means and other relevant provisions of Polish law shall apply.
5. All possible changes to the Terms of Use do not violate the rights of persons who have placed Orders or have entered into Contracts before the change of the Terms of Use.