Store regulations

AND. GENERAL PROVISIONS

  1. The Cosma online store, available at www.cosma.store, is run by Cosma SA with its registered office in Warsaw, ul. Plac Europejski 1/P40, 00-844 Warsaw , entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the KRS number: 0000559284, Tax Identification Number (NIP): 9522137211, National Business Registry Number (REGON): 361597490, with the share capital of PLN 14,828,834.40.
  2. The condition for using the Store is acceptance of all terms and conditions set forth below. Acceptance constitutes a declaration of intent and creates a legal obligation between the Customer and the Seller.
  3. 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.
  4. The Terms and Conditions are available at any time through the Store. The Terms and Conditions are posted in the Store in a printable format.

II. DEFINITIONS

The terms used in the Regulations mean:

  1. Regulations – these regulations of the Store.
  2. Seller – Cosma S.A. with its registered office in Warsaw, ul. Plac Europejski 1/P40, 00-844 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the KRS number: 0000559284, Tax Identification Number (NIP): 9522137211, National Business Registry Number (REGON): 361597490, with the share capital of PLN 14,828,834.40.
  3. Store – online store run by the Seller at the internet address www.cosma.store.
  4. Product – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  5. Customer – any entity making purchases through the Store.
  6. Consumer – a natural person concluding a contract with the Seller for the sale of Products for his/her own use within the Store, the subject of which is not directly related to his/her business or professional activity.
  7. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, concluding a contract for the sale of Products within the Store with the Seller.
  8. Distance contract – a contract concluded between the Store and the Customer as part of an organised system of concluding distance contracts, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.
  9. Sales Agreement – ​​a Product sales agreement concluded between the Customer and the Seller via the Store.
  10. Registration form – a form available in the Store enabling the creation of an Account.
  11. Account – the Customer’s account set up in the Store, which collects data provided by the Customer and historical information about Orders placed by him in the Store.
  12. Order – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
  13. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment method.
  14. Shopping Cart – an element of the Store software, in which the Products selected by the Customer for purchase and their price are visible, and it is also possible to determine and modify the Order data, in particular the quantity and type of products.
  15. Price – the gross price of the Product, displayed next to the Product information, excluding shipping costs. The price is expressed in Polish zloty and includes value added tax (VAT).
  16. Delivery costs – fees for delivery of ordered Products to the delivery address provided by the Customer. Delivery costs are expressed in Polish zloty and include value added tax (VAT). The delivery price list can be found in the "Delivery Costs" tab.
  17. Total Price of the Order – the sum of the Price and Delivery Costs indicated in the transaction summary.

III. TECHNICAL REQUIREMENTS

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

  1. Broadband Internet access;
  2. Operating system (such as iOS, Microsoft Windows XP, 7 or Vista and later);
  3. Active e-mail account;
  4. A terminal device with access to the Internet and a web browser (Internet Explorer 8 and newer, Google Chrome 15 and newer, Mozilla Firefox 7 and newer, Opera 11 and newer) supporting CSS and JavaScript;
  5. Pop-up support enabled;
  6. Cookies enabled;
  7. FlashPlayer installed;

IV. CONTACT WITH THE STORE

  1. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this point.
  2. Seller's email address: info@cosma.store .
  3. The Customer may communicate with the Seller by telephone between 9:00 a.m. and 5:00 p.m. by calling the following telephone number of the Seller: +48 22 164 78 91 .

V. GENERAL CONDITIONS

  1. Commercial information – price lists, descriptions, advertisements and other information about the Products available on the Seller’s Store Website constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  2. By placing an Order in the Store, the Customer confirms that he or she has full legal capacity and the ability to enter into legally binding obligations.
  3. The Customer is obligated to provide accurate data in the Order Form and Registration Form, consistent with the law and good practice. The data provided must not infringe upon the personal rights or property rights of third parties.
  4. The seller is a payer of value added tax (VAT) and issues a sales document – ​​a receipt or invoice – for each product sale transaction.
  5. The prices listed in the Store are given in Polish zloty and are gross prices (including VAT).
  6. 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, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  7. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.

VI. PRODUCTS

  1. The store offers three categories of products:
    1. Dietary supplements,
    2. Cosmetics,
    3. Food.
  2. Information about the Products, such as a photo, a detailed description and – where applicable – the composition, is available on the Store's website, in the descriptions of individual Products.
  3. All goods offered in the Store Products are brand new, free from physical and legal defects and have been legally introduced into circulation.

VII. STORE ACCOUNT

  1. Browsing the Store's assortment does not require creating an Account. Customers can place orders for Products in the Store's assortment either by creating an Account or by providing the necessary personal and address information to complete the Order without creating an Account.
  2. Creating an Account in the Store is free.
  3. To create an Account, complete the Registration Form with your data. The registration form contains clearly marked fields that are mandatory. The following information is required : first name, last name, email address , billing address (country, street, postal code, city), and phone number.
  4. After the Customer completes and submits the Registration Form, the Seller will send confirmation of Account creation to the email address provided. At this point, the Account creation process will be complete.
  5. Logging in to the Account is done by entering the login and password set in the Registration Form.
  6. The Customer may, at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail.

VIII. ORDERING PROCESS

  1. The Ordering Party places an Order using the Order Form and the Shopping Cart.
  2. To place an Order you must:
    1. select the Product that is the subject of the Order and then click the "Add to Cart" button,
    2. log in or use the option to place an Order without registration,
    3. if you have chosen to place an Order without registration – complete the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the delivery method (method of delivering the Product), enter the invoice details if they are different from the details of the Order recipient,
    4. Click the "Buy and Pay" button – clicking this button triggers the obligation to pay. In this way, the Customer accepts the selected Products according to their description, quantity, and price and expresses their willingness to purchase them in accordance with the Terms and Conditions.
    5. Select one of the available payment methods and, depending on the payment method, pay for the order within 1 business day. If the Total Order Price is not credited to the Seller's bank account by the end of this period, the Order will be canceled.

IX. DELIVERY AND PAYMENT RULES

  1. The Customer may use the following delivery methods for the ordered Product:
    1. Inpost shipment (courier, parcel locker);
    2. DPD courier delivery (prepayment, cash on delivery);
    3. The Customer pays the Total Order Price by online payment via the PayU or Stripe payment system,
  2. Detailed information on delivery costs and methods as well as acceptable payment methods can be found on the Store's website.

X. ORDER PROCESSING

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with Chapter VIII of the Regulations and then pays for it.
  2. Once the Total Order Price has been credited to the bank account, the Seller will prepare the Order for processing no later than two business days. Confirmation of acceptance of the Order for processing is made by sending the Customer an appropriate email to the email address provided by the Customer when placing the Order. The email should include, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the Customer – regardless of the reason – fails to collect the shipment, the Seller has the right to withdraw from the contract on the day of return receipt of the uncollected shipment.
  4. Delivery of Products takes place within the European Union.
  5. Delivery of Products to the Customer is subject to a fee. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the "Shipping Costs" tab and during the Order placement process, including when the Customer expresses their intention to be bound by the Sales Agreement.
  6. In the case of shipping outside of Poland, shipping costs and delivery time are determined individually.

XI. RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The right to withdraw from the Sales Agreement does not apply in relation to the following Products:
    1. that spoil quickly or have a short shelf life,
    2. where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery,
  3. The right to withdraw from the Sales Agreement does not apply to a Customer who is not a Consumer.
  4. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
  5. The Consumer may withdraw from the Sales Agreement by submitting a unilateral declaration of withdrawal to the Seller. To exercise the right to withdraw from the Sales Agreement, the Consumer may use the template form for withdrawal from the Sales Agreement. The template form for withdrawal from the Sales Agreement is available on the Store's website. Using this template is not mandatory.
  6. In order to meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer to send a declaration before the expiry of that deadline.
  7. The declaration may be sent by traditional mail to the Seller's address or electronically by sending the declaration to the Seller's e-mail address indicated in Chapter IV of the Regulations.
  8. If the Consumer sends the declaration electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Sales Agreement to the e-mail address provided by the Consumer.
  9. In the event of withdrawal from a distance contract, the Sales Agreement shall be deemed not to have been concluded.
  10. The Consumer should return the Product to the Seller's address provided in these Terms and Conditions immediately, but no later than 14 days from the date on which they submitted their declaration of withdrawal. To meet the 14-day deadline, it is sufficient to return the Product before its expiry.
  11. The Consumer bears the costs of returning the Product (e.g. packaging, security and shipping costs), including the costs of return shipping.
  12. The Seller does not accept parcels sent "cash on delivery".
  13. The return shipment should be appropriately protected against damage during transport.
  14. The Seller will refund the Consumer all payments made by them immediately, but no later than within 14 days, including the Product delivery costs, excluding additional costs resulting from the Consumer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller. The Seller may withhold reimbursement until receiving the returned Products or proof of their return, whichever occurs first.
  15. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
  16. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.
  17. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.

XII. COMPLAINT PROCESS

  1. The Seller is obligated to deliver a defect-free Product to the Customer. If a defect occurs in a product purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions of the Civil Code. The Seller is exempt from liability under the warranty if the Customer was aware of the defect at the time of concluding the contract.
  2. The Customer must submit a warranty claim to the Seller within one year of noticing the defect, but no later than two years from the delivery of the Product. Complaints should be submitted in writing to the Seller's address or electronically to the email address indicated in Chapter IV of these Terms and Conditions.
  3. Complaints should include the details of the person submitting the complaint (name, mailing address, email address, contact phone number, optionally a photo of the product damage), the reason for the complaint, and the content of the request. Whenever possible, complaints regarding Products or delivery should also include the transaction number (which is visible in the Order confirmation). The original or a copy of proof of purchase (e.g., receipt or invoice) may facilitate the filing of a complaint, but it is not required.
  4. If a sold item is defective, the Customer may submit a declaration requesting a price reduction or withdrawal from the contract unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfill its obligation to replace the item with a defect-free item or remove the defect.
  5. If the Customer is a Consumer, they may, instead of the Seller's proposed removal of the defect, request replacement of the item with a defect-free item, or, instead of replacement of the item, request removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the defect-free item, the type and significance of the identified defect, and the inconvenience to which the Customer would be exposed if another method of satisfaction were used are also taken into account.
  6. The reduced price should be in such proportion to the Price resulting from the contract in which the value of the item with the defect is in relation to the value of the item without the defect.
  7. The customer cannot withdraw from the contract if the defect is insignificant.
  8. The Seller will respond to the Customer's complaint promptly, no later than within 14 days. In the case of a Consumer's claim, failure by the Seller to respond to the complaint within the specified timeframe will result in the claim being upheld.
  9. The Seller will inform the person submitting the complaint about the method of handling the complaint by letter sent to the address provided in the complaint or by e-mail – depending on the method of submitting the complaint.
  10. Goods returned under the complaint procedure should be sent to the Seller's address.
  11. The costs of shipping the Products as part of a submitted complaint are borne by the Seller.
  12. If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.
  13. If the complaint is approved, the refund will be made immediately after the Consumer receives information about the complaint resolution process. The Seller will refund the payment using the same payment method used by the Consumer in the original transaction.

XIII. OUT-OF-COURT COMPLAINT SETTLEMENT AND CLAIMS SETTLEMENT

  1. In the event of a dispute with the Seller or any doubts as to his rights, the Consumer has the option of using out-of-court complaint and claim settlement methods.
  2. Detailed information on the Consumer’s possibility of using out-of-court complaint and redress procedures as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php .
  3. The consumer has the following examples of possibilities to use out-of-court complaint and redress procedures:
    1. The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to resolve a dispute arising from the Sales Agreement concluded with the Seller.
    2. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller.
    3. The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).

XIV. PERSONAL DATA PROTECTION

  1. All issues related to the protection of personal data of Customers and all other persons using the Store are regulated in the privacy policy available on the Store's website at: https://cosma.store/pages/polityka-prywatnosci

XV. FINAL PROVISIONS

  1. Contracts concluded with the Seller are concluded in Polish.
  2. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on personal data protection.
  3. If any provision of these Terms and Conditions is deemed unlawful, invalid, or otherwise unenforceable to the extent permitted by law, it shall be deemed excluded to that extent. The remaining provisions of these Terms and Conditions shall remain in effect.
  4. All names of the Products offered for sale by the Online Store are used for the purpose of identifying the Products and may be protected and reserved under the provisions of the Industrial Property Law.
  5. The Seller reserves the right to unilaterally make changes to the content of the Regulations – while maintaining the principle that the Customer is bound by the Regulations accepted by him during the reservation and the Seller provides Customers with access to archived versions of the regulations.
  6. All photos posted on the website are protected under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2019, item 1231, as amended) and have a creative and individual character. They may not be copied without the Seller's consent.
  7. Consumers have the right to use out-of-court complaint and redress mechanisms. To do this, they can submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/ .
  8. Any disputes arising from the performance of the Sales Agreement, in the absence of an amicable resolution, will be considered by the competent common court determined in accordance with the provisions of the Act of 17 November 1964, the Code of Civil Procedure.