Please be advised that our online store uses cookie files technology and at the same time does not automatically collect any information, except for the information contained in these files (so-called "cookies").

The COSY AND DOZY ® e-store regulations

 

Statement: content in English is for the informative purposes only. Customers are bound by the Polish version of the Terms of use, valid with effect from 25th of November 2014.

 

  1. LEGAL STATEMENTS
  2. HOW TO ORDER
  3. THE CONDITIONS FOR THE CONCLUSION OF THE (DISTANCE) SALES CONTRACT
  4. PAYMENT
  5. DELIVERY
  6. RETURNS, COMPLAINTS, WARRANTY
  7. THE RIGHT OF WITHDRAWAL
  8. PRIVACY POLICY
  9. INTELLECTUAL PROPERTY RIGHTS
  10. ENTRY INTO FORCE AND AMENDMENTS OF THE TERMS OF USE

 

 

§1 LEGAL STATEMENTS

1.1 Our online store [Store] is located at www.cosyanddozy.com. Sales are carried out on the basis of this Terms of use [Terms of use] and of the following Polish legal acts:Ustawy z dnia 30 maja 2014r. o prawach konsumenta (Dz.U.2014 poz. 827) i Ustawy z dnia 18 lipca 2002r. o świadczeniu usług drogą elektroniczną (Dz.U.2002 nr 144 poz.1204 z późn.zm.) and other relevant provisions of applicable law.  Please read Terms of use very carefully. By using our websites: www.cosyanddozy.com , ordering goods from our Store, using our services you agree to the Terms of use as shown below and agree to be bound by them. Terms of use are made available free of charge, to familiarize or fixation and print. Terms of use, Store, sales are subject to the applicable Polish law (on what the Client agrees) and the proper jurisdiction of the common courts, however we provide English translation of the Terms of use.

1.2. The Seller: COSY AND DOZY ® Magdalena Zajdel,  ul. Dywizjonu 303 127/10, 01-470  Warszawa, Poland, NIP:8951767544, REGON 363909433, e-mail:hello@cosyandozy.com [Seller]

1.3.Terms of use have been put in place to protect the interests of our Clients and provide the best service possible. Regulations are designed to be fair and clear to both Seller and Clients.

Any provision of the Terms of use of limiting the power of the Client  as a consumer are null and void. If any provision of these Terms of Use is, or is found to be, unenforceable under Polish (or international) law, that will not affect the enforceability of the other provisions of these Terms of Use.

1.4. Seller is also the Data Controller. Seller protects personal data by appropriate means including protection against acquisition by unauthorised persons and against unlawful processing  according to our Privacy Policy posted here: http://cosyanddozy.com/en/content/2-privacy-policy

1.5. Terms of use is an integral part of the distance contract of sale between The Seller and Clients.   Upon registering Client declares that he/she has read, accepted our Terms of use and agrees to be bound by them by placing a mark in the checkbox prior to the purchase.

1.6. We sell through the Internet. It is a public network as described in the legal act: Ustawa z dnia 21 lipca 2000r. Prawo telekomunikacyjne (Dz.U. 2000, nr 73, poz. 852 z późn.zm.).

1.7.  Our Offer - goods listed and described on the tabs in our Store.  Seller constantly ensures that the Offer was correct, current and consistent with the facts.  In the event of a situation in which elements of the Offer will not be available temporarily, Seller will immediately place the information on the website. Our Offer includes brand new goods and free from defects in natural and legal legally marketed in Poland only. Our Offer includes often goods made to the consumer’s specifications or clearly personalised.

1.8. The Client – customer, an adult person registered on the site, who has accepted Terms of use. You must be at least 18 years old to make valid purchase here. If you are under 18 or not supervised by a parent or a legal guardian please do not order goods here. We sell to the legal persons as well.

1.9. Client's Account - a virtual space available after the registration process, enabling data management by the Client. He can have one account only. Your account (also your e-mail) cannot be sold or transferred to other individuals.

1.10.  The contract of sale – a distance contract of sale between the Seller and the Client. The contract of sale is subject to the applicable Polish law, however we provide English translation of the Terms of use. 

1.11. The Purchase order – Declaration of intent setting out the Client clearly the nature and quantity of the goods he wants to purchase here. The Purchase order is the vital part of the contract of sale and is also  subject to the applicable Polish law.

1.12. The Product – our Offer with the associated services including delivery.

1.13. Client must always supply accurate, correct, non-misleading and complete data to register and  purchase here.

 

§2 HOW TO ORDER

The Client may order here by:

  1. The online form called „Formularz Zamówień” using the online basket system.
  2. The e-mail order.
  3. The phone order using our special number available on the website under "Kontakt".

You may order goods (by The Purchase order) here by online form and e-mail 24/7. The phone order is available between 9am to 6pm (CET).

2.1. How to use the online form called „Formularz Zamówień”.

  1. After placing valid order The Seller shall immediately confirm its receipt and accepts it for implementation. By ordering goods you make an offer to buy them. We will always send you an e-mail to confirm that we have received your order. A distance contract is an agreement made between us and a consumer where they are not together, which is negotiated and agreed by one or more organised means of distance communication ie. by phone, post or over the internet. There must be an organised distance scheme for selling goods.
  2. The contract of sale is concluded at the moment upon receipt (confirmation) by the Client e-mail form the Store.

2.2 How to use the e-mail order.

  1. You may also order goods by sending The Purchase order by e-mail: hello@cosyanddozy.com.
  2. After placing valid order The Seller shall immediately confirm its receipt and accepts it for implementation. By ordering goods you make an offer to buy them. We will always send you an e-mail to confirm that we have received your order.

The contract of sale is concluded at the moment upon receipt (confirmation) by the Client e-mail form the Store.

2.3. How to use the phone order:

  1. The Seller also provides phone to place Purchase orders.
    +48536433233 – available Monday to Friday between 9am to 6pm (CET).
  2. The contract of sale (over the phone) is concluded at the moment upon receipt (confirmation) by the Client e-mail form the Store. The Seller is required to confirm the content of the contract of sale established on durable medium (like .pdf file). The Client is required to confirm consent to the conclusion of the contract of sale established on durable medium (like .pdf file).

 

2.4. Submitting The Purchase order Client gives the following personal data:

  1. name and surname,
  2. full address,
  3. phone number,
  4. e-mail,
  5. goods chosen,
  6. chosen method of delivery,
  7. payment chosen.

In the case of Clients who are not consumers must also provide your company name nad tax identification number.

After placing The Purchase order Store confirms acceptance by e-mail of phone. We have the right to refuse orders, limit the pethod of payment or to require prepayment in case the Purchase order raises legitimate doubts. If these data are not complete Store will contact the Client via their data, and if the make contact is not possible, We have the right to cancel.

2.5. Remember the submission and confirmation of The Purchase orders as indicated above leads to the conclusion of a binding distance sales contract  between Seller and Client.

2.6. The start time coincides with the moment of impact due to the bank account of the Seller.

2.7. We provide additional information covering the ordering here: http://cosyanddozy.com/en/content/6-how-to-buy

 

§3 THE CONDITIONS FOR THE CONCLUSION OF THE (DISTANCE) SALES CONTRACT

3.1 Advertisements, price lists and other information on our goods, in particular their descriptions, technical and performance characteristics and price, are an invitation to conclude the contract of sale  in accordance with the applicable Polish law.

3.2 The prices here are in PLN and can be converted into the currency chosen by the Client according to the current exchange rate of the National Bank of Poland. All given prices are gross prices. Our prices do not include the delivery charges, which are indicated when placing The Purchase order.

3.3. Prices shown on the website are valid at the time the Client orders.

3.4. If the Seller and the Client have otherwise agreed, Seller shall execute the contract concluded at a distance no later than thirty days after the deposit by the Client declaration of intent to contract.

 

§4 PAYMENT

4.1. Seller offers the following payment methods:

  1. By bank transfer:
    Bank: mBank S.A. BIC/SWIFT: BREXPLPWMBK
    The account for payments in PLN - PL62 1140 2004 0000 3802 7609 8103
    The account for payments in EUR - PL28 1140 2004 0000 3112 0440 5742
    The account for payments in USD - PL23 1140 2004 0000 3312 0440 5734
    The account for payments in GBP - PL61 1140 2004 0000 3312 0442 9882
  2. By electronic payments and credit card payments.
    Electronic and credit cards payments are provided by PayU.pl and PayPal. Possible current payment methods are specified on the website: http://cosyanddozy.com/en/content/1-delivery_and_payment, http://www.payu.pl and http://www.paypal.com
  3. cash on delivery option is available for delivery on Polish soil only.

4.2. Support for electronic payments and payment cards maintained by:

PayU.pl – spółka PayU S.A. z siedzibą w Poznaniu (adres siedziby: ul. Grunwaldzka 182, 60-166 Poznań), wpisana do Rejestru Przedsiębiorców Krajowego Rejestru Sądowego pod numerem 0000274399, akta rejestrowe przechowywane przez Sąd Rejonowy Poznań – Nowe Miasto i Wilda w Poznaniu, kapitał zakładowy w wysokości 4.000.000 zł w całości opłacony, NIP: 779-23-08-495

and

PayPal (Europe) S.à r.l. & Cie, S.C.A. Société en Commandite par Actions. Oficjalna siedziba: 22-24 Boulevard Royal, L-2449, Luxembourg, RCS Luxembourg B 118 3495.

4.3.  The condition od dispatch of the valid purchase order is payment for goods and shipping.

4.4.  Store does not apply default paid additional unlawful options.

 

§5 DELIVERY

5.1.We currently ship worldwide. We currently use the following carriers to deliver:

  1. Polish Post S.A. ; Regulations: http://www.poczta-polska.pl
  2. UPS; Regulations: https://www.ups.com/content/pl/pl/resources/ship/terms/service.html
  3. DPD Polska Sp. z o.o. (also cash on delivery see §4 4.1 c ); Regulations: http://www.dpd.com.pl/subpage.asp?ID_kat=2&ID=29&Mark=16

5.2. Proper delivery costs are indicated when placing orders. They depend on the chosen delivery method, destination country and payment method. Estimated delivery costs are placed here: http://cosyanddozy.com/en/content/1-delivery_and_payment

5.3. Delivery time for the procurement of goods in our Store (warehouse) and marked on the website as “available” (see also §4 4.3), should not exceed 3-5 business days in the case of standard orders. 

5.4.  Delivery time for goods that are not included in our warehouse is determined individually with the Client.

5.5. We always try to deliver as soon as possible not exceeding the time limits described in the §5 5.3 or general rule described in the §3 3.4.

5.6. Our working days are Monday to Friday. We do not deliver or process orders on bank weekends or holidays. Delivery days exclude weekends and bank holidays.

5.7. Our delivery time is always counted from the date of the contract of sale. The contract of sale is concluded at the moment upon receipt (confirmation) by the Client e-mail form the Store.

5.8. We cannot be held liable for actions of the carrier. You are personally obliged to check the parcel for any damages. In case of damage confirmed make please valid protocol in the carrier’s presence. You have the right to refuse to accept a damaged parcel.

 

§6 RETURNS, COMPLAINTS, WARRANTY

6.1. All Clients have the right to file complaints regarding Our Offer using a warranty or guarantee. We strongly advise to contact us prior your complaint. That will always help us to resolve any problem more efficient. All complaints are handled and resolved fairly, confidentially and efficiently within 14 days. If things go wrong it is always the Seller who should put things right. If you are not satisfied with the quality of goods or services you should:

  1. Act as soon as you can – a delay can indicate that you have accepted faulty goods.
  2. Do not attempt to repair what went wrong yourself or give it to anyone else to repair it.
  3. Make sure that you have a proof of purchase (invoice or receipt).

It is obviously better to avoid problems so raise any concerns that you may have as the work progresses. Where possible, make yourself available for us to contact you so that we can raise any issues that come up. All goods offered by the Store are covered by a one year guarantee as described in the attached documents.Seller is obliged to provide the customer product without defects. Detailed information on the Seller's liability due to a defect of the goods and Client permissions are specified on the : http://cosyanddozy.com/en/content/5-warranty-and-returns

6.2 Reminder: Our Offer includes brand new goods and free from physical and legal defects. Our Offer includes often goods made to the consumer’s specifications or clearly personalised. There are no two identical copies.  Please remember that images are for illustration purposes only, goods or products may vary (like colors and wood structure). Be advised that you are solely responsible for checking goods or products carefully before fixing.

The above-described differences may not constitute grounds for complaint.

6.3.We strongly advise to contact us prior your complaint. Our websites and Store itself is provided “as is” without any representations or warranties, express or implied.

6.4. As a general rule, the Seller can repair or replace. Alternatively we can refund the costs of the goods  to the consumer.

6.5. All images used are for illustrative purposes only. Individual features and other materials’ colours may vary, as may our goods. Specification is not intended to form part of any contract or warranty unless specifically incorporated in writing into the contract.

6.6. Possible complaints must be submitted in writing to the Seller or the Seller by e-mail in the form of a scan or photo of the letter. The complaint should include: the name or business name and address of the Claimant, the scope of the complaint, the details of the complaint, the signature of the Claimant.

6.7. In the case of justified complaints we repair or replace. Alternatively we can refund the costs of the goods  to the consumer.

6.8. In the case of complaint, Clients must return the goods at their own expense return to the Seller's address.

6.9. The general period of the presumption of defects in the poorly made commodity is one year.  The Seller is obliged to prove to the customer that the fault is due to his fault, eg. From improper use.

6.10. Vendors failing to respond within the deadline means that the seller took the complaint to be justified.  We shall inform the Claimant of our decision on the complaint by mail or e-mail.

6.11. In the event of a sale that is not a consumer sales excludes the provisions of the warranty according to the Civil Code (PL).

6.12. You may use a complaint form provided here : http://www.uokik.gov.pl/wzory_pism.php

 

§7 THE RIGHT OF WITHDRAWAL

7.1. We prefer contact by e-mail : hello@cosyanddozy.com

7.2. The Client who has a distance selling contract with the Seller, has the right to withdraw from the contract of sale without giving any reason - within 20 days. To comply with this deadline, you will be sent a statement before its expiry. Deadline 20 days, in which you can withdraw from the contract shall be counted from the date of taking things, and where the contract involves the provision of services - from the date of its conclusion. The cost of return shall be borne by the Seller. The right to withdraw from the contract applies only to the consumer sales, which applies only to the sale of a natural person who is purchasing for purposes unrelated to the activities of professional or business and does not apply to services, the supply of which commenced with the consent of the customer. In order to observe the withdrawal period, it is sufficient for you to have sent the unambiguous declaration about your exercising your right of withdrawal from the agreement before the withdrawal period expires.

7.3.If the Seller and the Client have otherwise agreed the right to withdraw does not include, eg.

  1. the supply of goods made to the consumer’s specifications or clearly personalised;
  2. the supply of goods which are liable to deteriorate or expire rapidly;
  3. the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
  4. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

7.4.In the case of exercise of the right of withdrawal, the Client must return the goods at their own expense return to the Seller's address along with the data to return. In case of an effective withdrawal, it is considered null and void, and the Client is released from any obligations. This is what the parties testified, is returned unchanged unless a change was necessary in the ordinary course of business. Recovery shall be effected without delay and not later than fourteen days. If the Client has made any advance payments are due from them statutory interest from the date of prepayment.

7.5.If you withdraw from a distance contract the Client shall only be liable for any diminished value of the goods resulting from the handling of the goods other than necessary to establish the nature, characteristics and functioning of the goods.

Download files:

- Right to withdraw form - For download click here -

 

§8 PRIVACY POLICY

8.1. Protecting customer privacy is based on our Privacy Policy published here : http://cosyanddozy.com/en/content/2-privacy-policy

8.2. During registration, the Client may give voluntary consent to the placement of personal data in the database for processing in connection with the execution of The Purchase orders or to receive commercial information in the form of a newsletter. A customer who has given consent to have the rights set out in the polish legal act: Ustawa z dnia 29 sierpnia 1997 r. o ochronie danych osobowych. (Dz.U.1997, nr 133, poz. 883 z późn. zm.). The Client may receive the newsletter after he select the appropriate option in the “newsletter” section on the website. The easiest way to receive our newsletter is to select the proper option when creating Client's Account.

8.3. We  reserve the right to conduct the marketing activities on our websites.

8.4. We are not liable for incompability of the computer hardware or software used by any Client with our website and Store.

8.5. We  guarantee that our staff will use due professional care to provide the best services available.

8.6. We do not warrant that our websites and our database will be constantly available eg. without technical intermissions, time for improves and modifications as services evolve.

8.7. Prohibited unconditionally is the use of our website or Store to store, host, transmit, send, use, publish or distribute any material which consist of or is linked to any malicious software, in particular  to transmit or send unsolicited commercial materials.

8.8. Prohibited are all actions that violate the privacy of Clients and Seller.

 

§9 INTELLECTUAL PROPERTY RIGHTS

9.1.Unless stated otherwise Sellerowns the intellectual property rights and  copyrights in our website and Store including content, materials, and graphical elements  unless stated otherwise  Subject to the license below, all these intellectual property rights are reserved and protected by the Polish and international law.

9.2. All logos, trademarks, product names, company names, other reserved used here are belong to their respective owners or qualified and are placed with the conset of those entities or for information purposes only.

 

§10 ENTRY INTO FORCE AND AMENDMENTS OF THE TERMS OF USE

10.1. Terms of use shall enter into force on the date of publication on our website.

10.2. Seller reserves the right to: revise, update, change, modify, add to, supplement, or delete certain parts of the Terms of use at any time and in any way, provided, however, that material changes will not be applied retroactively. Such changes will be effective upon acceptance. If any future changes are unacceptable to you or cause you to no longer be in agreement or compliance with Terms of use, just report this to Seller. You are responsible for checking Terms of use periodically for changes.

10.3. To the contracts of sale concluded before changing the Terms of use or the pricing list apply  the rules in force at the time of the submission of the correct Purchase order by the Client.

10.3. Amendments of the Terms of use will be published in advance here: http://cosyanddozy.com/en/content/3-terms-and-conditions

10.4. Information about changes to the Terms of use will be sent to the e-mail indicated in the Purchase order.

10.5. Any disputes realting to the application of the Terms of use or purchases are subject to the applicable Polish law or international law accordingly and the proper jurisdiction of the common courts - Ustawa z dnia 17 listopada 1964r. Kodeks postępowania cywilnego (Dz.U.1964 nr 43 poz.296 z późn.zm.).

 

Statements:

  1. Ustawa z dnia 30 maja 2014r. o prawach konsumenta (Dz.U.2014 poz. 827) - shall not apply if the consumer is required to pay an amount not exceeding 50 PLN.
  2. We provide additional information covering the right to withdrawal here: http://cosyanddozy.com/en/content/7-right-to-withdraw

 

©IustitiaLex2016