ONLINE STORE TERMS AND CONDITIONS
These Terms and Conditions define the general terms, conditions and manner of sales conducted by COEMI Wiśniewscy Spółka Jawna based in Chechło Pierwsze, through the online store www.coemi.pl (hereinafter: "Online Store") and define the terms and conditions of providing free services electronically by COEMI Wiśniewscy Sp.J. based in Chechło Pierwsze.
§ 1 Definitions
1. Working Days - days of the week from Monday to Friday excluding public holidays.
- Delivery - supplying the Customer with the Product indicated in the order, by the Seller, through the Supplier.
3. Supplier - the entity with whom the Seller cooperates in the scope of the Delivery of Products:
a) a courier service;
b) Poczta Polska S.A.
4. Password - a string of letters, digits or other characters selected by the Customer during registration at the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer - the entity on whose behalf electronic services can be provided in accordance with the Terms and Conditions and laws, or with whom a Contract of Sale may be concluded.
6. Consumer - a natural person performing a legal action with the entrepreneur that is not directly related to its business or professional activity.
- Customer Account - a panel that is unique for each Customer, launched on his or her behalf by the Seller, after the Customer has registered and concluded the contract of the service Running the Customer Account.
- Login - individual identification of the Customer, established by the Customer himself, consisting of a string of letters, digits or other characters, required along with the Password to establish a Customer Account in the Online Store. The login is the correct e-mail address of the Customer.
- Entrepreneur - a natural person, legal person or an organisational unit that does not constitute a legal person, which has been granted legal capacity by the law, running on its own behalf a business or professional activity and performing a legal action directly related to its business or professional activity.
10. Terms and Conditions - these terms and conditions.
11. Registration - an action completed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Store.
- Seller - COEMI Wiśniewscy Spółka Jawna based in Chechło Pierwsze, 95-082 Dobroń, ul. Pabianicka 15, NIP (tax ID) no. 7311926795, REGON (National Business Register Number) 100086837, entered into the Register of Entrepreneurs maintained by the District Court of Łódź-Śródmieście in Łódź, XX Commercial Department of the National Court Register, under KRS no. 0000240560, who is also the owner of the Online Store.
- Online Store Website - the website used by the Seller to run the Online Store, operated atwww.coemi.pl.
- Product - the product presented by the Seller on the Online Store Website, which can be the subject of a Contract of Sale.
- Durable medium - a material or tool which enables the Customer or Seller to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
16. Contract of Sale - a Contract of Sale concluded at a distance, on the terms specified in the Terms and Conditions, between the Customer and the Seller.
§ 2 General Provisions and the use of the Online Store
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as designs, forms, and logos posted on the Online Store Website (with the exception of logos and images presented on the Online Store Website for the purpose of presentation of products for which copyrights belong to third parties) belong to the Seller, and can only be used in the manner specified in and in accordance with the Terms and Conditions, and with the written approval of the Seller.
2. The Seller will endeavour to ensure that use of the Online Store is possible for Internet users by means of all popular web browsers, operating systems, device types, and types of Internet connections.
3. The Seller uses "cookie" files, which are stored by the server of the Seller on the hard drive of the Customer's end device during use of the Online Store Website by the Customer. The purpose of "cookies" is to ensure the proper functioning of the Online Store Website on the Customer's end devices. This mechanism does not damage the Customer's end device and does not change the configuration of the Customer's end devices or the software installed on these devices. Each Customer may disable the "cookies" mechanism in the web browser of his or her end device. However, the Seller warns that disabling "cookies" may cause difficulties or prevent the use of the Online Store Website.
4. To place an order in the Online Store via the Online Store Website, and to use the services provided electronically via the Online Store Website, it is necessary for the Customer to have an active e-mail account.
5. It is prohibited for the Customer to provide illegal content and use the Online Store, Online Store Website or free services provided by the Seller in a manner contrary to the law, morality or violating personal rights of third parties.
6. The Customer is entitled to use the resources of the Store only for personal use. The Customer is not allowed to use the resources and functions of the Store to conduct commercial activity or activity that would violate the interests of the Seller.
7. It is forbidden for Customers and third parties to use the Store or the Online Store Website to send unsolicited commercial information.
8. The Seller declares that the public nature of the Internet and the use of services provided by electronic means may involve a risk of acquiring and modifying customer data by unauthorised persons, which is why Customers should take the appropriate technical measures to minimise the risks identified above. In particular, they should use antivirus software and software protecting their identity on the Internet. The Seller shall never request the Customer for his or her password in any form.
9. The Seller reserves the right include advertising content on the Online Store Website that is related to the offered products, as well as products and services of third parties, in forms used on the Internet.
10. The Store can be used only under the terms and to the extent specified in the Terms and Conditions and after their prior acceptance.
§ 3 Registration
1. Every Customer is entitled to the set up a Customer Account. In order to create a Customer Account, the Customer is obliged Register for free.
2. Registration is not necessary to place orders. The Seller allows for the possibility to make purchases in the Online Store without registering.
3. In order to register, the Customer should complete the registration form made available by the Seller on the Online Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. The Customer establishes an individual Password during Registration.
4. During Registration, the Customer can voluntarily give consent to the processing of his or her personal data for marketing purposes by checking the appropriate box in the registration form. In this case, the Seller shall clearly inform about the purpose of collecting the Customer's personal information, as well as expected known or anticipated by the Seller recipients of this data.
5. Setting up a Customer Account or making a purchase without registering are tantamount to giving consent for the storage of Customer details.
6. Providing by the Customer consent to the processing of his or her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the electronic service Running the Customer Account. Consent may be withdrawn at any time by submitting a relevant statement by the Customer to the Seller.
7. After sending a completed registration form, the Customer will receive immediately, electronically to the email address provided on the registration form a confirmation of Registration by the Seller. From this moment, the contract for the provision of the electronic service Running the Customer Account is concluded, and the Customer receives access to the Customer Account and the possibility to change his or her Registration details.
§ 4 Orders
1. The information contained on the Online Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit an offer to conclude a Contract of Sale.
2. The Customer can place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
3. The condition of acceptance of the order for fulfilment is its correct submission via the website www.coemi.pl The submitted order is valid for 7 days. If after this time it will not be paid for, it will be cancelled.
4. The Customer placing an order on the Online Store Website completes the order by selecting Products which he or she is interested in. A Product can be added to the order by selecting "ADD TO CART" under the given Product presented on the Online Store Website. After completing the whole order and indicating the method of delivery and payment method in the "CART", the Customer places an order by sending the order form to the Seller, selecting the Online Store Website button "CONFIRM ORDER". Before each order is submitted to the Seller, the Customer is informed of the total price for the selected Product and Delivery, as well as all additional costs that are required to be paid in connection with the Contract of Sale.
5. Placing an order constitutes submitting an offer by the Customer to the Seller to conclude a Contract of Sale of Products which are the subject of the contract.
6. After placing the order, the Seller sends a confirmation and information about the acceptance of the order to the e-mail address specified by the Customer. Information about the acceptance of the order is a statement of the Seller's acceptance of the offer, which is referred to in § 4 paragraph 5, and the Contract of Sale is concluded upon the Customer's receipt of the information.
7. If it is not possible to carry out all or part of the contract or to fulfil the Order in a timely manner for reasons attributable to the Seller, the Seller shall contact the Buyer and agree on the method and scope of fulfilment of this Order.
§ 5 Complaints
1. Prices of Products on the Online Store Website constitute a gross amount and do not contain information on the cost of Delivery and any other expenses that the Customer will be required to pay in connection with the Contract of Sale, which the Customer will be informed about when choosing the method of delivery and when placing an order.
2. The Customer can choose the following forms of payment for the ordered Products:
a) a bank transfer to the Seller's bank account (in this case, the fulfilment of the order will be initiated after the Seller sends the Customer a confirmation of the order and after receipt of the payment on the Seller's bank account);
b) bank transfer through an external payment system:
- Dotpay, supported by DOTPAY S.A.
- Paypal, supported by PayPal (Europe) S.à r.l. et Cie, S.C.A.
(in this case, the fulfilment of the order will be initiated after the Seller sends the Customer a confirmation of the order and after the Seller receives information from the DOTPAY system about the Customer's payment)
a) cash on delivery - payment to the Supplier upon Delivery (in this case, the fulfilment of the order will be initiated after the Seller sends the Customer a confirmation of the order).
3. If the Customer does not pay within the period referred to in § 4 paragraph 3 of the Terms and Conditions, the Seller shall specify an additional period for payment and inform the Customer. Information on the additional period for payment also includes information that after the expiry of this period the Seller shall withdraw from the Contract of Sale. In the case of the ineffective expiry of the second deadline for the payment, the Seller will send a declaration of withdrawal from the contract pursuant to Art. 491 of the Civil Code on a durable medium.
§ 6 Delivery
1. The Seller fulfils Deliveries on the territory of the Republic of Poland and in other selected countries.
2. The Seller is obliged to deliver the Product which is the subject of the Contract of Sale without defects.
3. The Seller shall publish on the Online Store Website information about the number of working days required for delivery and fulfilment of the order.
4. The deadline for Delivery and order fulfilment indicated on the Online Store Website is calculated in working days in accordance with § 5 paragraph 2 of the Terms and Conditions.
5. The ordered Products are delivered to the Customer via the Supplier to the address indicated in the order form.
6. On the day of dispatch of the Product to the Customer, a notification is sent to the email address of the Customer confirming the dispatch of the Product by the Seller.
7. The Customer should check the delivered package during the time and in the manner that is standard for packages of this kind. In the event of loss or damage to the package, the Customer has the right to require the employee of the Supplier to prepare a proper protocol.
8. The Seller, in line with the Customer's will, shall attach a receipt or a VAT invoice covering the supplied Products to the package which is the subject of delivery.
9. In the absence of the Customer at the indicated address specified when ordering as the address of Delivery, the employee of the Supplier shall leave an advice note or attempt to contact the Customer by phone in order to determine the date in which the Customer will be present. If the ordered Product is returned to the Online Store by the Supplier, the Seller will contact the customer by email or by phone, arranging with the Customer once again the date and cost of Delivery.
10. Deliveries are fulfilled through Poczta Polska S.A. or UPS POLAND Sp. z o.o.
§ 7 Warranty
1. The Seller warrants the Delivery of Products devoid of physical and legal defects. The Seller is liable to the Customer if the Product has a natural or legal defect (warranty).
2. If the Product has a defect the Customer may:
a) submit a statement of a price reduction or withdrawal from the Contract of Sale unless the Seller promptly and without undue inconvenience to the Customer will replace the defective Product with one free of defects or will remove defects.
This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to exchange the Product to one free of defects or removal of defects. The Customer can instead of the proposed by the Seller removal of defects require replacement of the Product with one free of defects or instead of the replacement of the Product to request the removal of defects unless bringing things into compliance with the Contract in a manner chosen by the Customer is impossible or would require excessive costs in comparison with the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Product free from defects is taken into account, as well as the nature and the importance of the defect, and also the inconvenience to which the Customer would be exposed in the case of another method.
b) request the replacement of the defective Product with one free from defects or remove defects. The Seller is obliged to replace the defective Product with one free of defects or rectify the defect within a reasonable time period without undue inconvenience to the Customer.
The Seller may refuse to redress the Customer’s request if bringing the faulty Product into conformity with the Contract of Sale of in a manner chosen by the Customer is not possible or in comparison with another possible way of bringing into compliance with the Contract of Sale would entail excessive costs. The costs of repair or replacement shall be borne by the Seller.
3. The Customer who shall exercise the powers under warranty is obliged to provide the defective item to the address of the Seller. In the case of a Customer who is a Consumer the cost of providing will be covered by the Seller.
4. The Seller shall be liable under the warranty if the physical defect is found before the expiry of two years from the date the Product was provided to the Customer. The claim for the removal of defects or replacement of the Product with one free from defects expires after one year but the term cannot expire before the deadline specified in the first sentence. In this period, the Customer can withdraw from the Contract of Sale or submit a statement of the price reduction due to defects in the Product. If the Customer demanded replacement of the Product with one free from defects or the removal of defects, the period to withdraw from the Contract of Sale or submission of the application for the price reduction begins with the ineffective expiry for the replacement or removal of defects.
§ 8 Complaints
1. The Customer may forward any complaints related to the Product or the performance of the Contract of Sale in writing to the address of the Seller.
2. The Seller, within 14 days of the request containing the complaint, will address the complaint against the Product or complaint related to the performance of the Contract of Sale reported by the Customer.
3. The Customer can file a complaint to the Sellers in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to firstname.lastname@example.org. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, no later than within 14 days, consider complaints and grant the Customer a response.
§ 9 Withdrawal from the Contract of Sale
1. The Customer who is a Consumer and has concluded a Contract of Sale may within 15 days withdraw from it without giving any reason.
2. The period for withdrawal from the Contract of Sale starts from the moment of taking possession of the Product by the Consumer.
The Consumer may withdraw from the Contract of Sale by submitting a declaration of withdrawal to the Seller. This can be done using the form on the Online Store Website at: RETURN AND COMPLAINT FORM. The period for withdrawal shall be deemed to have been observed if your notice of withdrawal is sent before its expiry.
3. In the case of termination of the Contract of Sale, it is considered null and void.
4. If the Consumer filed a declaration of withdrawal from the Contract of Sale before the seller accepted his offer the offer ceases to be binding.
5. The Seller has the obligation to immediately, no later than 14 days from the date of receipt of the notice of withdrawal from the Contract of Sale, to refund all payments, including the cost of Delivery of the Product to the Consumer. The Seller may withhold the refund of payments received from the consumer until he receives the Product or until the Customer provides a proof of return of the Product, depending on which event occurs first.
6. The Consumer is required to return the Product to the Seller immediately, no later than within 14 days from the date of withdrawal from the Contract of Sale. The period for the return of the Product shall be deemed to have been observed if the Product is sent before the expiry of this period.
7. In the event of withdrawal, the Customer who is a Consumer shall only bear the direct cost of returning the Product.
8. The Consumer is liable for any diminished value of the Product as a result of using it in a way beyond the means necessary to establish the nature, characteristics and functioning of the Product.
9. The Seller shall refund the payment only by wire transfer to the Consumer's account.
§ 10 Free Services
1. Customers have the possibility to subscribe to the Newsletter service.
2. The Newsletter service may be used by any Customer who will enter his email address in the registration form provided by the Seller on the Online Store Website. After sending a completed registration form, the Customer will immediately receive a confirmation by the Seller which is sent electronically to the email address provided in the registration form. From that moment, the contract is concluded for the provision of the Newsletter electronic service.
Additionally, during Registration, the Customer can tick the relevant box in the registration form to subscribe to our Newsletter service.
3. The Newsletter service consists of sending by the Seller to the Customer’s email address messages in an electronic form containing information about new products or services offered by the Seller. The newsletter is sent by the Seller to all Customers who have subscribed to it.
4. The Customer may at any time cancel his subscription to the Newsletter by unsubscribing via the link stated in each email sent from the Newsletter or through activation of the appropriate field in the Customer's Account.
§ 11 Protection of personal data
1. The Seller is the Administrator of all personal information provided to the Seller voluntarily during registration, one-off order placements and within the framework of the provision of services by the Seller electronically or in other circumstances specified in the Terms and Conditions.
2. The Seller processes the personal data of the Customers in order to fulfil orders, provide services in electronic form by the Seller and other objectives set out in the Terms and Conditions. The data is processed exclusively in accordance with the law or consent by the Customer in accordance with applicable provisions of the law.
3. The personal data provided to the Seller is reported by the Seller to the General Inspector for Personal Data Protection.
4. The Customer transfers his personal data to the Seller voluntarily, with a reservation however, that failure to provide certain data in the Registration process will prevent Registration and opening of a Customer Account as well as the submission and execution of Customer's order, in the case of an order placement without a Customer Account Registration.
5. Anyone who will provide the Seller with his personal data has the right of access to its content and to make corrections to it.
6. The Seller provides the option to remove personal data from the maintained file, in particular in the case of Customer Account removal. The Seller may refuse to remove personal data if the Customer fails to pay all amounts due to the Seller or violated applicable law and the preservation of personal data is necessary to clarify the circumstances and determine the liability of the Customer.
7. The Seller will protect the personal data entrusted to him and shall endeavour to protect it from unauthorised access or use.
8. The Seller transfers the Customer's personal data to the Provider to the extent necessary to carry out deliveries.
9. In the case the Customer chooses the payment via DOTPAY or PAYPAL, his personal data is transferred to the extent necessary for the execution of payments to the companies supporting these transactions.
§ 12 Contract Termination (does not apply to Contracts of Sale)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the observation of rights acquired by the other party before the termination of the aforementioned Contract and the provisions below.
2. The Customer who registered terminates the agreement for the provision of electronic services by sending the Seller an appropriate declaration of will using any means of remote communication to enable the Seller reading the Customer's declaration of will.
3. The Seller terminates the agreement for the provision of electronic services by sending the Customer an appropriate declaration of will to the email address provided by the Customer during the Registration.
§ 13 Final provisions
1. The Seller shall be liable for the non-performance or improper performance of the Contract, but in the case of Contracts with Customers who are Entrepreneurs, the Seller is liable only for causing damage intentionally and within the limits of the losses actually incurred by the Customer who is the Entrepreneur.
2. The content of this Terms and Conditions can be perpetuated through printing, copying to electronic media or downloading at any time from the Online Store Website.
3. In the case of a dispute on the basis of the concluded Contract of Sale, the parties shall endeavour to resolve the matter amicably. The law applicable to the settlement of all disputes arising under these Terms and Conditions is the Polish law.
4. Each Customer can benefit from non-judicial means of dealing with complaints and redress. In this regard, it is possible for the Customer to use mediation. The lists of permanent mediators and existing mediation centres are transmitted and made available by the Presidents of appropriate District Courts. The Customer who is a Consumer may also use non-judicial means of dealing with complaints and redress by filing its action through the EU web-based platform ODR, available at: http://ec.europa.eu/consumers/odr/
5. The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for performance before the entry into force of the new Terms and Conditions are based on the Terms and Conditions in force at the date of the order placement by the Customer. Amendments to the Terms and Conditions enter into force within 7 days from the date of publication on the Online Store Website. The Seller shall notify the Customer about the change of the Terms and Conditions 7 days prior to the entry into force of the new Terms and Conditions by means of an electronic message containing a link to the text of the amended Terms and Conditions. If the Customer will not accept the new Terms and Conditions he will be obliged to notify the Seller of this fact which will result in termination of the contract in accordance with § 12 of the Terms and Conditions.
6. The Terms and Conditions come into force on 17.10.2016