Terms of service
The Client and the Seller may conclude a sale (purchase) contract in two ways:
1) as a result of negotiations between the Client and the Seller in case of special orders or
2) using the online shop.
dated on 26th January 2016
2. Client – a natural person, a legal person or an organizational entity without legal personality, which was statutorily granted legal capacity, who place orders in the online shop (the term includes both a Client who is the consumer and an entrepreneur);
3. Consumer – a natural person who performs a legal action in the online Shop not related with his or her economic (business) or professional activity according to the wording of art. 221 of Polish Civil Code;
4. Shop Owner (Seller) – Lucyna Mysłakowska, conducting business activity under the name: Lucyna Mysłakowska FMHU ART&DERM with the seat in Gorlice at the address: ul. Sienkiewicza 36, 38-300 Gorlice, tax identification number (NIP): 7381283569;
5. Online shop (Shop) – internet service available at the address www.kobakstyle.com in which the Client may place orders, purchase particular Products and use other services offered by the Shop;
6. Product – the good offered in the Shop which includes the garment, a hanger, a cover and a box with the company logo;
7. Sale contract – the sale contract within the meaning presented in Polish Civil Code, concluded by and between the owner of the Shop (the Seller) and the Client using the Shop online service on conditions indicated herein;
8. Civil Code – the Act dated on 23rd April 1964 (Gov. Bul. (Dz. U.) n° 16, pos. 93 with amendments);
9. Code of Civil Proceedings – the Act dated on 17th November 1964 (Gov. Bul. (Dz. U.) n° 43, pos. 296 with amendments);
10. Act on Consumer Rights – the Act dated on 30th May 2014 on consumer rights (Gov. Bul. (Dz. U.) from 2014, pos. 827);
11. Act on online service – the Act dated on 18th July 2002 on online service (Gov. Bul. (Dz. U.) n° 144, pos. 1204 with amendments);
II. General Conditions
3. The online Shop accessible at the address www.kobakstyle.com is run by Lucyna Mysłakowska, conducting business activity as Lucyna Mysłakowska FMHU ART&DERM with the seat in Gorlice at the address: ul. Sienkiewicza 36, 38-300 Gorlice, tax identification number (NIP): 7381283569, who is a VAT payer; delivery address: 33-300 Nowy Sącz, ul. Grodzka 5B/38; e-mail address: firstname.lastname@example.org; tel.: +48 725621221.
a) the rules of registering and using of the account in the online Shop;
b) the conditions and rules of online booking of Products available in the online Shop;
c) the conditions and rules of placing online orders in the online Shop;
d) the rules of concluding sale contracts using the service in the online Shop.
5. Information about Products given on the website of the Shop, especially their descriptions, use parameters and prices constitute an invitation to conclude a contract in the meaning of the art. 71 of the Polish Civil Code.
6. In order to use the online Shop the Client should have his own access to the internet and possess his own e-mail account.
7. According to the binding law, the Seller reserves the right to limit the online Shop service to people aged 18. In such a case the potential Clients will be immediately informed about the limitation.
III. Rules of using the Online Shop
1. The condition of commencing the use of the Online Shop is to register in it.
2. Registering shall be done by filling in and accepting the registration form available on one of the Shop’s websites.
4. The Owner of the Shop may deprive the Client of the right to use the online shop or limit his or her access to a part or all products of the Online Shop
a) provides untrue, unclear or out-of-date information in the process of registration, which might mislead or infringe the rights of any third party,
b) acts (while using the Online Shop) in such a way that he or she infringes the rights of any third party including the rights of other Online Shop
c) performs other actions which are against the law or general rules of using the Internet.
5. The person who was deprived of the right to use the Online Shop cannot register again without the Owner’s prior consent.
6. In order to provide security of messages and data connected with the performed services of the Online Shop, the Online Shop undertakes technical and
organizational measures appropriate for the security threat of the performed services, especially the measures preventing unauthorized people from gaining
and modifying personal data sent via the Online Shop over the Internet.
7. The Client is obliged especially:
a) not to supply and not to transfer data which is forbidden by the binding law or act against the law or against good manners or infringe personal rights
or other rights of any third party,
b) to use the Online Shop in such a way that does not disturb its operation especially by using specific software or devices,
c) not to undertake such actions like sending or placing on the Online Shop websites any not ordered trade information (spam),
d) to use all the information on the Online Shop websites only for his/her private use,
IV. The procedure of concluding the Sale Contract
1. In order to conclude a Sale Contract in the Online Shop one should enter the internet website www.kobakstyle.com
, choose the products together with options such as the type or size and undertake subsequent technical actions following the instructions provided by the
Online Shop system.
2. The choice of Products shall be made by adding them to the cart.
3. While placing the Order until pressing the button “Order”, the Client can modify entered data and the choice of Products. In order to do that, the
Client should follow the notifications on the screen and the information available on www.kobakstyle.com.
4. After providing the Online Shop with all the indispensable data by the Client, the order summary page will be presented. The summary of the placed order
shall contain the following information:
a) the ordered Products,
b) the unit price and the total price of all the requested Products or services including the shipping costs and any extra costs (if applicable),
c) the chosen method of payment,
d) the chosen way of delivery,
e) personal data of the Client,
f) VAT invoice data (if the Client requested a VAT invoice).
the obligation to pay”.
7. After placing the order the Client shall receive an e-mail message containing the final confirmation of all important elements of the order.
8. The Contract shall be considered as concluded from the moment when the Client receives the e-mail message mentioned above.
1. Delivery of the Product is limited to the area of Poland, European Union Countries, USA and Canada and is realized to the address indicated by the
Client during placing the order.
2. The delivery of the ordered Products shall be realized via postal service and personal pick-up at sales points indicated on the website of the Online
Shop http://kobaksttyle.com/kontakt. The shipping costs depend on the chosen way of payment and the way of
delivery. Shipping costs are presented on the website kobakstyle.com [właściwy link]. Additionally the delivery costs will be presented while
placing the order.
3. The time of delivery is ca. 7 work days, up to maximum 28 work days counted from the day of the order placed by the Client.
securing, giving access to and confirming the important points of the Sale Contract is performed by sending the Client the copy of order confirmation and
specification and the VAT invoice to the given e-mail address and attaching the above to the package.
VI. Prices and payment methods
1. Product prices are given in Polish Zloty (PLN) or appropriately in Euro (EUR) and include all the components together with the VAT (presenting the
rate), duties and all other components.
2. The Client has the following payment possibilities:
a. before the delivery – by transferring the money to the bank account of the Seller:
Lucyna Mysłakowska FMHU ART&DERM, ul. Sienkiewicza 36, 38-300 Gorlice
Bank PekaO S.A. IBAN 92 1240 5110 1111 0010 6050 7849
The field “Title of payment” should contain the number of the order.
The Product will be sent only after receiving the money transfer.
b. at the moment of the receipt of the delivered Products.
3. If the Client shall choose money transfer payment for the ordered Products, the payment should be done within 7 days from the day of order confirmation.
In case of no payment reception in the term given above, the order will be cancelled.
4. Each order will be sent with a receipt. If the Client wants to receive a VAT invoice such a document will be issued at a Client’s request.
VII. The right of withdrawal from the sale contract (for the Client who is a consumer)
1. You have the right to withdraw from the Sale Contract within 14 days from the purchase without giving any reason. The abovementioned period expires 14
days after getting the possession of the Product or when the third party different from the delivery service and indicated by the Client came into
possession of the given Product.
2. To use the right of withdrawal, You shall inform our shop (FMHU Art&Derm Lucyna Mysłakowska, 33-300 Nowy Sącz, ul. Grodzka 5B/38 or
email@example.com) about the decision in the form of an unambiguous statement of will (e.g. a letter sent by post or an e-mail). You can use the
cancellation form but it is not obligatory.
3. To keep the abovementioned period it is enough to send us information concerning performing the right of withdrawal from the contract of sale before the
period shall expire.
4. The results of withdrawal from the contract
In case of withdrawal from the Sale Contract You shall bear all the direct costs of returning the Products.
The Seller will refund the total price of the order, namely the purchase price together with shipping costs (except from the extra cost implied by another
way of delivering the Products than the cheapest way offered by the Seller) immediately after but no later than within 14 (fourteen) days from the day of
withdrawal from the Sale Contract by the Client who is a Consumer. The Seller is entitled to withhold the refund of the payment received from the Client
who is a Consumer until the moment of returning the Products or presenting the proof of sending the Product back by the Client, whichever happens earlier.
The refund shall be done using the same method of payment which the Client used in the primary purchase transaction unless the Client agrees to another
form of refund payment.
You should send us the Products immediately without any delay but no later than 14 days from the day of informing the Seller about the withdrawal from the
Sale Contract. The abovementioned period will be kept if the Product is sent to us within 14 days.
The Client is responsible only for decreasing the value of the Product caused by using it in a different way than needed to get the knowledge about its
character, features and functioning.
5. The right to withdraw from the Sale Contract by the Client who is a Consumer is excluded if the Contract concerns Products beyond the standardized ones
offered by the Online Shop prepared specially for the Client and adjusted to his or her individual needs and services which cannot be given back due to
6. The Client who is a Consumer should pay due diligence to pack the returned Product in such a way that it may not be destroyed during the return
Sales Contract Cancellation Form (specimen form)
(the form should be filled in and sent only when You want to withdraw from the Sale Contract)
33-300 NOWY SĄCZ, UL. GRODZKA 5B/38
– I/We (*) hereby inform that I/We withdraw from the Sale Contract concerning the purchase and the delivery of the following Products (*), contract of
commission including producing the following things (*) / performing the following services (*)
– Date of concluding the contract (*) receipt (*)
– First name and surname of the Client(s)
– The Consumer’s address
– Consumer(s) signatures (only if sent in a written paper form)
(*) delete as appropriate
VIII. Consumer complaints concerning Products
1. The Seller is liable towards the Client who is a Consumer by means of a warranty for defects described in the Polish Civil Code. According to a general
rule the Seller is liable towards the Client for all defects, both material and legal, a detailed description of which is included in the Civil Code in the
part called Warranty for defects, regulations from art. 556 to art. 576. The liability of the Seller is based on the rules described in point 2-9 below if
they are not contrary to the Polish Civil Code.
3. As a producer of the Products the Seller is liable for the Products by means of a guarantee on the conditions and over the period which are foreseen by law.
4. A consumer complaint should include a description of the defects of the Product, the date of purchase, the date of discovering the defect and a claim how the defect should be removed.
5. The Client should, if it does not impair consumer’s rights implied by the Sale Contract or by Law, deliver the faulty Product to the Seller immediately in order to enable the Seller to see and examine the Product and undertake other action leading to answer the complaint.
6. If the Product is defective, the Client may give a statement on lowering the price, statement of withdrawal from the Contract (demanding full refund), demand replacing the defective Product with a Product that is free of defects or demand to remove defects.
7. The Client may place a statement on lowering the price or withdrawal from the Contract unless the Seller will, immediately and without excessive
inconvenience for the Client, exchange the defective Product for a Product that is free from defects or will remove the defect. The above limitation does
not apply if the Product has already been exchanged or repaired by the Seller or the Seller did not perform the obligation of exchanging the defective
Product for a Product that is free of defects or the Seller did not remove the defect of the Product. Furthermore the Consumer has the right to demand an
exchange of the defective Product for the one free of defects instead of removing the defect of the Product or instead of exchanging the defective product
to demand removing the defect unless removing the defect and making the Product compliant with the Contract in the way chosen by the Client is impossible
or will require excessive costs in comparison to the way offered by the Seller. The right of the Client to withdraw from the Contract is void if the defect
is not important.
8. In case of a negative answer to the consumer complaint or breaching consumer’s rights, the Client has the right to use alternative dispute resolution to
present his or her claims. Regardless of the above, the Client who is a Consumer may address the town (county) consumer spokesperson and ask for help. One
can get information about this way of resolving disputes on the website of Competition and Consumer Protection Office (Urząd Ochrony Konkurencji i
Konsumentów) at the address: www.uokik.gov.pl. Furthermore the Online Shop kobakstyle.com informs there is an
alternative dispute resolution concerning contractual obligations implied by online sale contracts concluded between consumers and companies on the
European Union level by ODR platform, which is the access point for consumers and companies interested in alternative dispute resolution included in the
Ordinance of European Parliament and the Council of Europe (EU) n° 524/2013 from 21 May 2013. The ODR platform operates at the address http://ec.europe.eu/consumers/odr / is an interactive website with a free electronic access in each
official language of the EU institutions.
IX. Consumer complaints about the electronic services
1. The owner of the Online Shop undertakes actions in order to ensure a fully appropriate and functional operation of the Online Shop within the scope that
is implied by up -to-date technical knowledge and commits herself to remove all defects notified by Clients in due time.
2. The Client is obliged to inform the Owner of the Online Shop immediately about all irregularities and defects or breaks in the operation of the Online
3. The Client may notify the Owner of the Online shop about the irregularities and defects connected to the operation of the Online Shop in a written form
at the address: FMHU Art&Derm Lucyna Mysłakowska, 33-300 Nowy Sącz, ul. Grodzka 5B/38 or by e-mail at the address: firstname.lastname@example.org.
4. In the complaint the Client should submit his or her name and surname, mailing address, the type and date of the irregularity or defect occurrence
connected to the operation of the Online Shop.
5. The Owner of the Online Shop commits herself to answer each complaint within 14 days and when that period is not possible to inform the Client within
that period when the complaint will be dealt with.
X. Protection of Personal Data
1. The Owner of the Online Shop as the administrator of personal data commits herself to undertake all possible technical and organizational measures
appropriate to the rate of danger in order to ensure personal data security submitted by the Client in connection to his or her use of the Online Shop.
2. Personal data of the Clients are processed according to the Act of 29th August 1997 on personal data protection. The Client who registered
himself/herself in the Online Shop shall have the right to view the data, edit them and demand ceasing the use of them. The data may be viewed and edited
after logging in on the Online Shop website.
XI. Final provisions
1. Resolving possible disputes between the Seller and the Client who is a Consumer is subject to appropriate courts according to the appropriate
regulations of the Code of Civil Proceedings.
2. Resolving possible disputes arising between the Seller and the Client who is not a Consumer is subject to the court which is appropriate for the seat of
in the Republic of Poland. In case of finding a resolution of such a kind the law valid in the Republic of Poland prevails, especially the regulations of
Polish Civil Code and the Act on Consumer Rights.
law of the country that is more favorable for the Consumer shall apply.