ONLINE STORE TERMS AND CONDITIONS

KOICOSMETICS.PL


TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. CONDITIONS FOR ENTERING INTO THE SALES AGREEMENT
  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
  6. PRODUCT COMPLAINT
  7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES OF ACCESS TO SUCH PROCEDURES
  8. RIGHT OF WITHDRAWAL (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. FINAL PROVISIONS
  11. MODEL WITHDRAWAL FORM

The online store www.koicosmetics.pl cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contract/agreement provisions less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these terms and conditions are not to exclude or limit any of the consumers’ rights to which they are entitled under mandatory provisions of law, and any possible doubts are to be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these terms and conditions and the above-mentioned provisions, those provisions shall prevail and shall apply.

1. GENERAL PROVISIONS

1.1. The Online Store available at the internet address www.koicosmetics.pl is managed by KOI COSMETICS Spółka z ograniczoną odpowiedzialnością running the business activity under the name KOI COSMETICS registered in the National Court Register, with the registered office at: ul. Piękna 19, 00-549 Warszawa, and the following address for delivery: ul. Piękna 19/-1, 00-549 Warszawa, NIP (Tax Identification Number) 7010991786, REGON (Business Register Number) 386619230, KRS (National Court Register Number) 0000851979, e-mail address: info@koicosmetics.pl, phone number: 604062418.

1.2. These Terms and Conditions are addressed both to consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise and is addressed exclusively to consumers or exclusively to entrepreneurs.

1.3. The controller of personal data processed at the Online Store in connection with the implementation of the provision of these Terms and Conditions shall be the Seller. Personal data shall be processed for the purposes, to the extent and on the basis of the principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, first and foremost, rules regarding personal data processing by the Controller in the Online Store, including the basis, purposes and scope of personal data processing and rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the service recipient or customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the agreement and statutory obligations of the Seller).

1.4. Definitions:

WORKING DAY – any day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store that enables the creation of the Account.
ORDER FORM – an electronic service, an interactive form, available in the Online Store that allows placing the Order, in particular, by adding Products to the online cart and defining the terms and conditions of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full capacity to perform acts in law, and in cases provided for by generally applicable regulations – also a natural person with limited capacity to perform acts in law; (2) a legal person or (3) an organisational unit without legal personality to whom legal capacity is granted under an act, who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Act of 23 April 1964 (Dz. U. /Journal of Laws/ 1964 no. 16, item 93, as amended).
ACCOUNT – an electronic service with an individual name (login) and a password provided by the Service User, a set of resources in the Service Provider’s IT system which stores data provided by the Service User and information on the Orders placed by the Service User in the Online Store.
NEWSLETTER – an electronic service, distributed by the Service Provider via e-mail which allows all the subscribed Service Users to automatically receive periodic content of subsequent editions of the Newsletter containing information about Products, new offers, discounts and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store being the subject matter of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
ONLINE STORE – Online Store of the Service Provider available at the Internet address: www.koicosmetics.pl.
SELLER; SERVICE PROVIDER – KOI COSMETICS conducting business activity under the name KOI COSMETICS entered in the National Court Register, with its registered office at ul. Piękna 19, 00-549 Warszawa, and the following address for delivery: ul. Piękna 19/-1, 00-549 Warszawa, NIP: 7010991786 KRS: 0000851979 REGON: 386619230, e-mail address: info@koicosmetics.pl, phone number: 604062418.
SALES AGREEMENT- product sales agreement concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.
SERVICE USER – (1) a natural person with full capacity to perform acts in law, and in cases provided for by generally applicable regulations – also a natural person with limited capacity to perform acts in law; (2) a legal person or (3) an organisational unit without legal personality to whom legal capacity is granted under an act, who uses or intends to use the Electronic Service.
CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Dz.U./ Journal of Laws 2014, item 827, as amended).
ORDER – the Customer’s declaration of intent submitted with the use of Order Form to conclude a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are provided in the Online Store: Account, Order Form and Newsletter.

Account – using the Account is possible after completing three subsequent steps by the Service User – (1) completing the Registration Form, (2) clicking the “Create Account” box and (3) confirming the willingness to create the Account by clicking the confirmation link sent automatically to the advised e-mail address. In the Registration Form, it is necessary for the Customer to provide the following details: name and surname/company name, address (street, house number, postcode, city, country), e-mail address, contact phone number and password. In the case of the Service Users who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
The electronic service, Account, shall be provided free of charge for an indefinite period of time. The Service User may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular, via an e-mail to the following address: info@koicosmetics.pl or a letter to the following address: ul. Piękna 19/-1, 00-549 Warszawa.
Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps in total – (1) completing the Order Form and (2) clicking the “Buy and pay” button on the Online Store’s website after completing the Order Form – until then, it is possible to modify the data entered (for this purpose, please follow the messages displayed and the information available on the website of the Online Store). The following data must be provided by the Customer in the Order Form: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact phone number and details concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
The Electronic Service of an Order Form is provided free of charge and is of a one-off nature, meaning that it is terminated once the Order is placed via the Order Form or when the Service User abandons the process of placing the Order through the Order Form.
Newsletter – the Newsletter can be used after entering the date of birth and e-mail address to which subsequent editions of the Newsletter shall be sent in the “Newsletter” tab visible on the Online Store website and clicking the “Subscribe” button.
The Electronic Service of a Newsletter shall be provided free of charge for an indefinite period of time. The Service User may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscription) by sending a relevant request to the Service Provider, in particular via email to the address: info@koicosmetics.pl or in writing to the address ul. Piękna 19/-1, 00-549 Warszawa.
2.2. Technical requirements necessary for working with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.

2.3. The Service User is obliged to use the Online Store in a manner consistent with the applicable laws and good practice, bearing in mind the respect for personal rights as well as copyrights and intellectual property rights of third parties. The Service User is obliged to input data in accordance with the facts. The Service User is prohibited from delivering content that is unlawful.

2.4. Complaint procedure:

Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (with the exception of complaint procedure concerning the Product which is indicated in point 6 of the Terms and Conditions) may be submitter by the Service Recipient to, for example:
in writing to the following address: ul. Piękna 19/-1, 00-549 Warszawa;
in electronic form via email to: info@koicosmetics.pl;
It is recommended for the Customer to provide the following information in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of irregularity; (2) the Service User’s request; and (3) the contact details of the complaining party – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the previous sentence constitute merely a recommendation and do not affect the effectiveness of the complaints filed without regard to these recommendations.
The Seller shall immediately respond to the claim filed by the Customer, no later than within 14 calendar days from the date of its submission.

3. CONDITIONS FOR THE CONCLUSION OF SALES AGREEMENTS

3.1. A Sales Agreement is concluded between the Customer and the Seller after placing the Order by the Customer with the use of the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The price of the Product shown on the website of the Online Store is given in Polish zloty and includes taxes. The Customer is informed about the total price, including taxes, of the Product being the subject matter of the Order, as well as about the costs of delivery (including fees for transport, delivery and postal services) and other costs, and if it is impossible to determine the amount of these fees – about the obligation to pay them, on the websites of the Online Store during the placement of the Order, including at the moment of expressing the will to conclude the Sales Agreement by the Customer.

3.3. Procedure for the conclusion of a Sales Agreement in the Online Store using the Order Form

A Sales Agreement is concluded between the Customer and the Seller after placing the Order by the Customer in the Online Store in accordance with point 2.1.2 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. The Seller shall confirm the Order receipt and accept it for processing shall be conducted by sending an appropriate e-mail to the Customer’s e-mail address provided at the moment of placing the Order, which contains at least the Seller’s declaration about the receipt of the Order and its acceptance for processing and confirmation of the Sales Agreement conclusion. Upon receipt of the above-mentioned e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3.4. The content of the Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending it to the Customer via email, as referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally saved and secured in the ICT system of the Seller’s Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller offers the Customer the following methods of payment under the Sales Agreement:

4.1.1 Payment in cash on delivery.

Cash payment upon personal collection.

Payment by bank transfer to the Seller’s bank account.

Electronic and credit card payments via PayPal.com or Przelewy24.pl – the currently available payment methods are defined on the website of the Online Store in the section concerning payment methods and on the http://www.przelewy24.pl/ and https://www.paypal.com/pl. websites.

The settlement of electronic and payment card transactions is carried out through PayPal.com or Przelewy24, according to the choice of the Customer. Electronic and card payments are processed by:

Przelewy24.pl – PayPro S.A. Agent Rozliczeniowy with its registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Poznań, 8th Commercial Division of the National Court Register under KRS [National Court Register Number] 0000347935, NIP [Tax Identification Number] 7792369887, REGON [National Official Business Registry Number] 301345068.

PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor, 22–24 Boulevard Royal, L-2449, Luxembourg.

4.2. Payment date:

If the Customer chooses payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

If the Customer chooses cash on delivery or cash payment upon personal collection, the Customer is obliged to make payment on delivery.

5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Product is available in the Republic of Poland.

5.2. The Product delivery to the Customer is paid, unless the Sales Agreement provides otherwise. The costs of Product delivery (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the section concerning the costs of delivery and during the Order placement, including at the moment of expressing the will to conclude the Sales Agreement by the Customer.

5.3. The personal collection of the Product by the Customer is free.

5.4. The Seller offers the Customer the following methods of delivery or collection of the Product:

courier delivery, c.o.d. courier delivery.

Paczka w ruchu.

Personal collection available at the following address: ul. Piękna 19/-1, 00-549 Warszawa – on Working Days, following an appointment by phone: 511561120,.

5.5. The Product shall be delivered to the Customer within 7 Working Days unless a shorter period is specified in the Product description or during the Order placement process. In the case of Products with different delivery times, the time of delivery shall be the longest time specified, which may not exceed 7 Working Days. The beginning of the time limit for the delivery of Product to the Customer is counted as follows:

If the Customer chooses payment by bank transfer, electronic payment or payment by card – from the date of crediting the Seller’s bank or settlement account.

If the Customer chooses to pay by cash on delivery – from the date of conclusion of the Sales Agreement;

5.6. The time of readiness of the Product for collection by the Customer – if the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 1 Working Day unless a shorter deadline is specified in the Product description or during the Order placement process. In the case of Products with different times of readiness, the time of readiness shall be the longest time specified, which may not exceed 1 Working Day In addition, the Seller shall notify the Customer about the readiness of the Product for collection. The beginning of the time of readiness of the Product for collection by the Customer is counted in the following way:

If the Customer chooses payment by bank transfer, electronic payment or payment by card – from the date of crediting the Seller’s bank or settlement account.

If the Customer chooses cash payment upon personal collection – from the date of conclusion of the Sales Agreement;

5.7. Discount codes – shipment of products subject to promotional campaign requiring the provision of a code is territorially limited and includes shipping in Poland.

6. PRODUCT COMPLAINT

6.1. The basis and extent of liability of the Seller towards the Customer in the case of a physical or legal defect (warranty) of the Product are specified in the generally applicable provisions of law, in particular the Civil Code, (in particular in Art. 556-576 of the Civil Code).

6.2. The Seller is obliged to deliver the Product to the Customer without any defects. Detailed information concerning the Seller’s liability for Product defects and the Customer’s rights are specified on the website of the Online Store in the section concerning complaints.

6.3. The Customer may file a complaint i.a. in the following ways:

in writing to the following address: ul. Piękna 19/-1, 00-549 Warszawa;
in electronic form via email to: info@koicosmetics.pl;

6.4. It is recommended that the Customer provides the following in the description of the complaint: (1) information and conditions concerning the subject of the complaint, in particular the type of the defect and date of its occurrence; (2) request for restoring the compliance with the Sales Agreement or statement of price reduction or of withdrawal from the Sales Agreement; (3) as well as contact information of the complaining party – this will facilitate and expedite the consideration of the complaint by the Seller. The requirements specified in the previous sentence constitute merely a recommendation and do not affect the effectiveness of the complaints filed without regard to these recommendations.

6.5. The Seller shall immediately respond to the claim filed by the Customer, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer requested replacement of goods or rectification of the defect, or submitted a statement of the price reduction determining the amount of such reduction, and the Seller did not respond to this request within 14 calendar days, it is assumed that the request was considered justified.

6.6. Customers who exercise their warranty rights shall be obliged to deliver the defective Product to the following address: ul. Piękna 19/-1, 00-549 Warszawa. In the case of Customers who are consumers, the cost of delivery of the Product shall be borne by the Seller, while in the case of Customers who are not consumers, the cost of delivery shall be borne by the Customer. If, due to the nature of the Product or the manner of its installation, the delivery of the Product by the Customer would be too difficult, the Customer shall be obliged to make the Product available to the Seller at the place where the Product is located.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES OF ACCESS TO SUCH PROCEDURES

7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to those procedures, are available on the website of the Office of Competition and Consumer Protection at https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point of the President of the Office for Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or mailing address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), the tasks of which include providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.

7.3. Here are some examples of possibilities for the consumer to seek out-of-court complaint and redress procedures: (1) a request for dispute resolution to the permanent consumer arbitration court (more information available at http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to the Voivodeship Inspectorate of Trade Inspection (more information available on the website of the Inspectorate competent for the place of business of the Seller); and (3) assistance of district (municipal) consumer ombudsmen or a social organisation statutory responsibilities whereof include consumer protection (i.a. Consumer Federation, Association of Polish Consumers). For advice, you can contact porady@dlakonsumentow.pl and consumer hotline number 801 440 220 (hotline is open on weekdays from 8:00 a.m. – 6:00 p.m., connection fee at the operator’s rates).

7.4. A platform for online dispute resolution between consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and businesses seeking extrajudicial resolution of disputes concerning contractual obligations arising from online sales contracts or agreements for the provision of services (for more information, go to the platform itself or visit the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)

8.1. A consumer who concluded a distance agreement may, within 14 calendar days, withdraw from it without giving any reason and at no cost, with the exception of costs referred to in point 8.8 of the Regulations. To meet the deadline, it is enough to send the notification before it elapses. A statement of withdrawal can be submitted, for example, in the following ways:

in writing to the following address: ul. Piękna 19/-1, 00-549 Warszawa;

in electronic form via email to: info@koicosmetics.pl;

8.2. A model withdrawal form is included in Appendix 2 to the Act on Consumer Rights and is additionally available in point 11 of the Regulations as well as on the website of the Online Store in the tab concerning withdrawal from the agreement. The consumer may use the model form of withdrawal from the agreement, but it is not obligatory.

8.3. The time limit for withdrawal from the agreement shall commence:

for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of acquisition of Product ownership by the Consumer or a specified third party other than the carrier, and in the case of agreements which: (1) encompass multiple Products delivered separately, in batches or in parts – on the date of acquisition of the final Product, batch or part ownership, or (2) for agreements which involve regular delivery of Products over a specified period of time – on the date of the first Products’ ownership acquisition;

for other agreements – on the date of conclusion of the agreement.

8.4. In the case of withdrawal from the distance agreement, the agreement shall be considered void.

8.5. The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the statement of withdrawal from the Agreement from the consumer, refund all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the consumer choosing a method of delivery other than the cheapest, regular delivery method available in the Online Store). The Seller shall refund payments using the same payment method as the consumer unless the consumer expressly agrees to another form of refund which does not incur any costs. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund until the returned Product is received or until an evidence of having sent back the Product is provided by the consumer, whichever occurs first.

8.6. The consumer shall immediately, no later than within 14 calendar days from the date of withdrawal from the agreement, return the Product to the Seller or hand it over to a person authorised by the Seller unless the Seller has offered to personally collect the Product. In order to meet the deadline, it is sufficient to send the Product back prior to its expiry. The Consumer can send the Product back to the following address: ul. Piękna 19/-1, 00-549 Warszawa.

8.7. The Consumer shall be liable for any decrease in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Potential costs associated with the withdrawal from the agreement by the consumer which the consumer is obliged to bear:

If the consumer has chosen a different method of delivery than the cheapest, regular delivery method available in the Online Store, the Seller shall not be obliged to refund the additional costs incurred by the consumer.

The consumer bears the direct costs of returning the Product.

In the case of Products that are services the provision of which began prior to the expiry of the deadline for withdrawal from the agreement at the express request of the consumer, after submitting such request, the consumer exercising the right of withdrawal is obliged to pay for the services provided prior to such withdrawal. The amount of payment due shall be calculated proportionally to the scope of the services performed, taking into consideration the price or remuneration stipulated in the contract. If the price or remuneration is excessive, the amount in question shall be calculated based on the market value of services performed.

8.9. The consumer is not entitled to withdraw from a distance agreement in relation to the following agreements:

(1) agreements for the provision of services if the Seller has fully performed the service with the express consent of the consumer who was informed, prior to the performance of the services, that they will lose the right to withdrawal after the Seller fulfills the services; (2) agreements in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the deadline for withdrawal from the agreement; (3) agreements in which the subject matter of the service is a non-prefabricated product, manufactured according to consumer specifications or serving to meet their individual needs; (4) agreements in which the subject matter of the service is a perishable product or a product with a short shelf life;(5) agreements in which the subject matter of the service is a Product delivered in a sealed package that cannot be returned after opening the package due to health protection or hygienic reasons if the package has been opened after delivery; (6) agreements in which the subject matter of the service are Products which, due to their nature, are inseparably connected with other items after delivery; (7) agreements in which the subject matter of the service are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations; (8) agreements in which the consumer explicitly requested the Seller to make an on-site visit in order to perform urgent repair or maintenance; if the Seller also provides other services than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is granted to the consumer in relation to additional services or Products; (9) agreements in which the subject matter of the service are sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery; (10) agreements for the supply of newspapers, periodicals or magazines, except for a subscription agreement; (11) agreements concluded by way of a public auction; (12) agreements for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the date or period of service (13) agreements for the supply of digital content which is not recorded on a tangible medium if the performance thereof has begun with the consumer’s express consent before the expiry of the withdrawal period and after the Seller has informed the consumer about their loss of the right to withdraw from the agreement.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This section of the Regulations and the provisions contained herein apply solely to Customers and Service Providers who are not consumers.

9.2. The Seller shall be entitled to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of conclusion thereof. In this case, the withdrawal from the Sales Agreement may be without cause and does not give rise to any claims that the Customer who is not a consumer may have against the Seller.

9.3. In the case of Customers who are not consumers, the Seller has the right to restrict the available methods of payment, including the right to demand a prepayment of the entire or part of the amount, regardless of the method chosen by the Customer in the Order Form and of the conclusion of the Sales Agreement.

9.4. The benefits and burdens related to the Product and the risk of accidental loss of or damage to the Product pass to the Customer who is not a consumer upon the handover of the Product by the Seller to the carrier. In this case, the Seller shall not be liable for the loss of or damage to the Product that occurs from the moment of accepting it for transport to the moment of handing it over to the Customer and for the delay in delivery.

9.5. If the Product is delivered to the Customer through the carrier, the Customer who is not a consumer shall inspect the delivery at the time and in the manner specified for such deliveries. If the Customer finds that the Product was lost or damaged during the transport, they shall perform all actions necessary to establish the liability of the carrier.

9.6. Pursuant to Art. 558 Sec. 1 of the Civil Code, the liability of the Seller under the warranty for the Product to the Customer who is not a consumer is excluded.

9.7. In the case of the Service Users who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reason by sending an appropriate statement to the Service User.

9.8. Regardless of its legal basis, the liability of the Service Provider/Seller to the Service User/Customer who is not a consumer is limited – with respect to both a single claim and all claims in total – to the amount of the price and delivery costs paid under the Sales Agreement, but no more than PLN 1,000. The Service Provider/Seller shall only be liable for typical damage foreseeable at the time of concluding the agreement in relation to the Service User/Customer who is not a consumer and shall not be liable for the loss of profits in relation to the Service User/Customer who is not a consumer.

9.9. Any disputes arising between the Seller/Service Provider and the Customer/Service User who is not a consumer shall be settled by the court having jurisdiction over the registered office of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1. Agreements concluded by the Online Store shall be executed in Polish.

10.2. Amendment to the Regulations:

The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e. changes to the law, changes to methods of payment and delivery – to the extent to which these changes affect the performance of the provisions of these Regulations.

In the case of the conclusion of long-term agreements on the basis of the Regulations (e.g. agreements for the provision of Electronic Services – Account), the amended Regulations are binding upon the Service User if the requirements specified in Art. 384 and 384[1] of the Civil Code have been preserved, i.e. the Service User has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If an amendment to the Regulations results in the imposition of any new taxes or in an increase in the existing ones, the Service User who is a consumer has the right to withdraw from the agreement.

In the case of the conclusion of agreements other than long-term ones on the basis of the Regulations (e.g. Sales Agreement), amendments to the Regulations shall not in any way affect the rights acquired by the Service Users/Customers who are consumers before the amendments hereto enter into force; in particular, the amendments to the Regulations shall not affect the Orders that are being placed or that have already been placed and Sales Agreements that have been concluded and implemented or that are being implemented.

10.3. Matters not provided for herein shall be subject to the generally applicable laws of Poland, in particular: the provisions of the Polish Civil Code, the Act of 18 July 2002 on the provision of services by electronic means  (Dz. U. /Journal of Laws/ of 2002, No. 144, item 1204 as amended); Sales Agreements concluded with Customers who are consumers by 24 December 2014 – the provisions of the Act of 2 March 2000 on the protection of certain consumer rights and on civil liability for damage arising from the use of hazardous products (Dz. U. /Journal of Laws/ of 2000, No. 22, item 271 as amended) and of the Act of 27 July 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (Dz. U. /Journal of Laws/ 2002 No. 141, item 1176 as amended); Sales Agreements concluded with Customers who are consumers after 25 December 2014  – the provisions of the Consumer Rights Act of 30 May 2014 (Dz. U. /Journal of Laws/ of 2014, item 827 as amended); and other relevant provisions of the generally applicable law.

11. MODEL FORM OF WITHDRAWAL FROM THE AGREEMENT (ATTACHMENT NO. 2 TO THE ACT ON CONSUMER RIGHTS)


Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee:

KOI COSMETICS Spółka z ograniczoną odpowiedzialnością
ul. Piękna 19/-1, 00-549 Warszawa
koicosmetics.pl
info@koicosmetics.pl

– I/We(*) hereby inform you of my/our(*) withdrawal from the contract of sale concerning the following items(*)/the contract of delivery of the following items(*)/the contract of work consisting in the performance of the following works(*)/the contract for the provision of the following service(*)

– Date of contract conclusion(*)/item collection(*)

– Name(s) of the customer(s)

– Address of the customer(s)

– Signature of the customer(s) (only if submitting in paper form)

– Date

(*) Delete as appropriate.

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