I. GLOSSARY OF TERMS
- Seller – Olga Idzik conducting business under the name: COCHO Olga Idzik, with the main place of business at ul. inż. pilota Wigury nr 21, 90-319 Łódź (entrepreneur), REGON 121474980, NIP 6282142799, registered by the Mayor of the City of Trzebinia.
2. Customer – a natural person, possessing full legal capacity, including an Entrepreneur with Consumer rights, a legal person, or an organizational unit without legal personality, to whom specific regulations grant legal capacity, utilizing the Online Store, including making purchases of Goods.
3. Consumer – a Customer who is a natural person, making purchases in the online store not directly related to their business or professional activity (according to art. 221 of the Civil Code of April 23, 1964).
4. Online Store - an internet service available at www.cocho.pl, through which the Customer can purchase Goods from the Seller or use electronic services specified in this Regulations.
5. Goods – movable items presented in the Online Store that may be the subject of a sales agreement for the Customer.
6. Account - a Customer's account (Customer profile) created in the Online Store in accordance with these Regulations.
7. Cart - a functionality (IT) in the Online Store through which the Goods selected by the Customer for purchase are visible, along with other data concerning their order, such as delivery method, payment method, ordering party's data, enabling changes to the aforementioned information and data.
8. Registration Form – a service available on the Store's website, allowing the Customer to create a user account by providing their personal data, which they can use to purchase Goods in the Online Store.
9. Order Form - a service available on the Store's website, allowing a Customer without an Account to make purchases of Goods in the Online Store.
10. Order via Account - a service available in the Online Store, through which a Customer with an Account in the Online Store can make purchases of Goods in the Online Store after logging into their Account.
11. Regulations – these Regulations of the Online Store.
12. Civil Code - Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
13. Entrepreneur - a natural person, legal entity, or an organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity in their own name and performing a legal act directly related to their business or professional activity.
14. Entrepreneur with Consumer rights - a natural person entering into a sales agreement directly related to their business activity, when it results from the content of the sales agreement that it does not have a professional character for this Entrepreneur, particularly arising from the subject of their business activity, provided on the basis of the provisions on the Central Register and Information on Economic Activity.
II. GENERAL PROVISIONS
- The COCHO online store is operated by Olga Idzik conducting business under the name: COCHO Olga Idzik, with the main place of business at ul. Wigury 21, 90-319 Łódź, REGON 121474980, NIP 6282142799 (entrepreneur), registered by the Mayor of the City of Trzebinia.
2. This Regulations define the rules for concluding sales agreements of Goods between the Seller and Customers, which are available in the assortment of the Online Store, using means of distance communication, as well as the rules for Customers to use the Online Store and the electronic services available in this Online Store.
3. The Regulations are addressed to and binding on all Customers of the Online Store. The Customer's use of the Online Store, purchasing Goods remotely through the Online Store, and using electronic services provided by the Seller within the Online Store is possible on condition that the Customer familiarizes themselves with the Regulations and accepts the terms of these Regulations.
4. The Customer using the Online Store is obliged to comply with all provisions of these Regulations.
5. It is prohibited for the Customer to provide unlawful content.
6. All information contained on the pages of the Online Store regarding the Goods (in particular concerning parameters, properties, prices) do not constitute a commercial offer within the meaning of Article 66 of the Civil Code. This information is considered an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
III. RULES OF PROVIDING SERVICES BY ELECTRONIC MEANS
- In terms of services provided electronically, this Regulations constitutes regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
2. The Online Store presents information about Goods available in the assortment of the Online Store via the Internet and provides the following services electronically:
a) allows the Customer to create and maintain an Account in the Online Store using the Registration Form;
b) enables Customers to purchase Goods available in the assortment of the Online Store via the Cart, by using the Order Form (without creating an Account, without logging in) or Order via Account (after creating an Account, after logging in),
c) enables Customers to subscribe to the Seller's newsletter containing commercial information about Goods - to the Customer's email address (email newsletter) and to the Customer's phone number (sms newsletter).
3. To use the services provided electronically by the Customer, it is not required to meet specific technical conditions by the computer or other end device (e.g., tablet, smartphone) of the Customer. However, the Customer should have access to: the Internet, a web browser, a standard operating system, and an email (email address), and in the case of consenting to receive an sms newsletter - a phone device and an active phone number with an active option to receive sms messages.
4. The agreement for the provision of electronic services is concluded at the moment of completing and confirming by the Customer the appropriate form: Registration Form, Order Form, Order via Account, Form of consent to receive email newsletters or sms newsletters, each of which is available on the Online Store's website.
5. Each agreement for the provision of electronic services is concluded for an indefinite period and may be terminated without notice by either party at any time and without giving a reason, provided that in the event of termination of the agreement, each party retains rights acquired before the termination of the agreement for the provision of electronic services.
6. The Customer terminates the agreement for the provision of electronic services regarding the email newsletter subscription service by selecting in the received newsletter message the field indicating that the Customer does not want to receive further email newsletters (declaration of resignation from the email newsletter) and sending the declaration of resignation to the Seller by clicking the button marked "ᴠ".
7. The Customer terminates the agreement for the provision of electronic services regarding the sms newsletter subscription service by sending a declaration of resignation from the sms newsletter subscription to the Seller's email address: e-sklep@cocho.pl. The declaration of resignation from the sms newsletter should include the Customer's first name, last name, and phone number to which the resignation applies.
8. The Customer who has an Account in the Online Store terminates the agreement for the provision of electronic services by submitting a request for deletion of the Account. The request for deletion of the account is submitted to the Seller's email address: e-sklep@cocho.pl by submitting a declaration of termination of the agreement and requesting deletion of the Customer's Account. The declaration of termination should include the Customer's first name, last name, email address, and phone number (if provided).
9. The Seller removes the Customer's Account or email address or phone number from the subscriber list without undue delay, but no later than within 14 business days from the date of the Customer's request.
IV. ORDERING GOODS IN THE ONLINE STORE
- Customers purchase Goods through the Online Store:
a) by placing Orders through the Account in the Online Store, after prior registration of the Account in the Online Store using the Registration Form, or
b) by completing the Order Form in the Online Store, without the need to create an Account in the Online Store.
2. The information provided in the Registration Form and in the Order Form should be the Customer's data and should be true and up-to-date.
3. Creating an Account in the Online Store involves creating an independent Customer profile in the Online Store by completing the Registration Form with the data necessary to create and maintain the Account (marked with an asterisk in the Registration Form) or additional data and confirming the intention to create a Customer profile in the Store by activating the button marked "Register Account". The registered Customer can change the saved data at any time or permanently delete them. In the event that the Customer intends to permanently delete the data necessary to create and maintain the Account, the deletion of this data by the Customer is equivalent to terminating the agreement for the provision of electronic services.
4. Placing orders for Goods through the Order Form or through the Account (Order via Account) is possible 24 hours a day, seven days a week.
5. Placing an order for a Product requires:
a) in the case of an order by a Customer who has an account in the store - logging in by the Customer to the Account (using the login and password provided during registration and accepted during registration) and adding the Product to the cart and confirming by the Customer that he/she expresses the willingness to purchase the Product and is aware that the purchase of the Product involves the obligation to pay by clicking (activating) the button marked "Checkout" (offer to conclude a sales contract for the Product);
b) in the case of an order by a Customer without an Account - adding the Product to the cart and completing all necessary data in the Order Form (marked with an asterisk), and confirming by the Customer that he/she expresses the willingness to purchase the Product and is aware that the purchase of the Product involves the obligation to pay by clicking (activating) the button marked "Checkout" (offer to conclude a sales contract for the Product).
6. For a contract of sale of a Product to be concluded between the Customer and the Seller through the Online Store (a distance sales contract), the Seller should accept the Customer's offer to conclude a sales contract of the Product. The Seller accepts the offer by sending the Customer a confirmation of acceptance of the Customer's offer (Order Confirmation) to the Customer's email address provided during registration in the Online Store or when filling out the Order Form.
7. In the Order Confirmation, the Seller informs the Customer (consumer) clearly and explicitly about the placed order, in particular:
a. The total price for the Product including taxes and charges for transport, delivery, or shipment (postal services),
b. The main characteristics of the Product (to the extent appropriate for the type of Product, e.g., model, size, color, etc.),
c. Data enabling the delivery of the ordered Product (address details, contact details - provided during registration on the Store's website or when placing an order through the Order Form).
8. The Customer has the right to withdraw from the order (withdraw the offer to conclude a sales contract for the Product) before receiving confirmation of acceptance of the order for execution from the Seller. The declaration of withdrawal from the order should be sent by the Customer to the Seller electronically to the email address e-sklep@cocho.pl. In the event of effective withdrawal from the order, no sales contract for the Product is concluded through the Online Store - the Customer is not obliged to pay the price, and the Seller is not obliged to deliver the Product.
9. After concluding a sales contract for the Product, the Seller or its authorized representative may contact the Customer via the email address provided by the Customer or phone number, in case:
a) proper execution of the order requires additional arrangements or explanations;
b) the Product covered by the Order is not available in the Online Store's warehouse.
10. In the case specified in para. 9 point b) above (lack of Product in the warehouse), the Customer is entitled to, in the email to the Seller sent to the email address e-sklep@cocho.pl:
a) agree to execute the order in full within an extended period dependent on the availability of the ordered Product in the Online Store's warehouse; in such a case, the Seller provides the Customer with an estimated extended order execution time before the Customer makes a decision on order execution;
b) agree to execute the order in the remaining part (in the scope of ordered Products available in the warehouse);
c) cancel the order in its entirety.
11. In the case of canceling the order or executing part of the order within an extended period, the appropriate part of the paid price will be refunded to the Customer within a period not exceeding 14 days from receiving the relevant email from the Customer, as referred to in para. 10 above.
V. ORDER FULFILLMENT
- The Seller will commence order fulfillment for the Customer:
a) in the case of traditional bank transfer payment – after the payment is credited to the Seller's bank account;
b) in the case of electronic bank transfer payment - after receiving confirmation from the Customer of the correct execution of the payment;
c) in the case of cash on delivery payment - after receiving confirmation of acceptance of the offer by the Customer.
2. If the payment is credited or confirmation of correct payment execution is received by the Seller by 12:00 noon on a business day, the Seller will commence order fulfillment on the same business day. In other cases, the Seller will commence order fulfillment on the next business day.
3. For orders with "cash on delivery" payment, if the order is placed by 12:00 noon on a business day and the Seller sends confirmation of acceptance of the offer to the Customer by 12:00 noon on the same business day, order fulfillment will commence on the same business day. In other cases, order fulfillment will commence on the next business day after sending the confirmation of order acceptance for fulfillment.
4. The estimated order fulfillment time by the Seller is from 1 to 14 business days, counted from the moment of commencing its fulfillment, as specified in point 1(a)-(c). The order is considered fulfilled upon its transfer (dispatch) to the entity performing the delivery of the ordered Goods (Courier, Polish Post). Shipments are handed over to delivery entities only on business days, until 2:00 pm on a given business day.
5. If the Customer chose payment by traditional bank transfer, the Seller awaits the payment to be credited to their bank account for 3 business days, starting from the day of confirming to the Customer the acceptance of the order for fulfillment. After the unsuccessful expiration of the aforementioned period, the order is automatically canceled. In such a case, the Seller is not obliged to fulfill the order.
6. If the Customer chose payment by electronic bank transfer, the Seller awaits confirmation of correct payment execution by the Customer for 3 business days, starting from the day of confirming to the Customer the acceptance of the order for fulfillment. After the unsuccessful expiration of the aforementioned period, the order is automatically canceled. In such a case, the Seller is not obliged to fulfill the order.
VI. DELIVERY
- Ordered Goods are delivered to the Customer within the territory of Poland by courier – through a courier company.
2. Ordered Goods are delivered to the Customer outside the territory of Poland (international shipping) through Polish Post.
3. Personal pickup of the Goods at the Seller's premises is possible at ul. Wigury 21, 90-319 Łódź within 3 business days, starting from the day following the confirmation to the Customer of the acceptance of the order for fulfillment. Personal pickup is available from 8:00 am to 3:00 pm on a given business day.
4. Delivery costs:
a) Delivery of the Product to the Customer is chargeable. The delivery costs are:
- for payment by traditional or electronic bank transfer – courier PLN 17.00 gross, parcel lockers PLN 15.50 gross for smaller size and PLN 20.00 for larger size;
- for cash on delivery payment – PLN 25.00 gross. In the case when the ordered Goods are to be delivered outside the territory of Poland – the Customer bears the delivery costs. The delivery costs are PLN 96.00 gross (EU).
5. The estimated delivery time of the Goods within the territory of Poland is:
a) in the case of courier delivery, it is 1 business day counted from the business day following the day of dispatch of the shipment by the Seller.
6. The estimated delivery time of the Goods outside the territory of Poland is approximately 7 business days counted from the day following the day of dispatch of the shipment by the Seller and depends, among others, on the distance between the Seller's address and the delivery address of the Goods abroad (the greater the distance, the longer the delivery time).
7. The maximum order fulfillment time is 30 days from the day of concluding the contract (the day of sending confirmation of accepting the order for fulfillment to the Customer), after this period, the Customer is entitled to cancel the order (terminate the contract) by sending a statement to the Seller via email to the Seller's email address e-sklep@cocho.pl. Upon termination of the contract, the Online Store promptly, no later than within 14 days from the date of termination of the contract, refunds the amount paid by the Customer in accordance with the contract terms.
8. All available delivery options for a given order are clearly indicated during the order placement process (displayed to the Customer as delivery options). If a delivery option is not displayed during the order placement process, it means that it is not available for the specific order.
9. The Seller recommends that the Customer check the contents of the shipment upon receipt from the courier. In case the shipment shows any signs of damage, destruction, crushing, staining, the Seller recommends preparing a shipment damage report (or its contents).
10. Couriers deliver shipments on business days (Mon - Fri) until 4:00 pm.
VII. PRICES AND PAYMENT
- All prices of Goods in the Online Store are provided in Polish Zloty (PLN) and include all applicable taxes such as VAT, customs duties.
2. The prices of Goods displayed on the Online Store's website do not include shipping costs.
3. In cases where Goods are available in different options (e.g., size, color, length, etc.), the prices of individual options of Goods may vary. In such cases, the prices of specific options of Goods are clearly and precisely specified and visible to the Customer in the Cart. These prices are visible to the Customer at the time of adding the Goods to the cart.
4. After adding the ordered Goods to the cart, the Customer selects the delivery method for the Goods and the payment method for the Goods. The Customer is then provided with information about the total value of the order, including delivery costs, transportation, or any other costs.
5. Customers ordering Goods with delivery within the territory of Poland have the option to make payment for the ordered Goods according to their choice:
a. by bank transfer as a prepayment in full for the value of the order to the Seller's bank account:
COCHO Olga Idzik
ul. Wigury 21, 90-319 Łódź, POLAND
ING Bank Śląski: PL 27 1050 1461 1000 0091 4295 9577
b. cash on delivery; in this case, the entire payment is collected from the Customer by the courier at the time of the Goods' receipt by the Customer.
c. by electronic transfer through the Dot Pay payment system.
d. For Goods to be delivered abroad (outside the territory of Poland), the Customer has the option to make payment for the ordered Goods by bank transfer as a prepayment in full for the value of the order to the Seller's bank account:
COCHO Olga Idzik
ul. Wigury 21, 90-319 Łódź Poland
ING Bank Śląski: PL 27 1050 1461 1000 0091 4295 9577
SWIFT: INGBPLPW
Cash on delivery payment is not allowed for orders for Goods with delivery outside the territory of Poland.
6. All permissible forms of payment for a given order are clearly indicated during the order placement process (displayed to the Customer as payment options). If a payment option is not displayed during the order placement process, it means that it is not available for the specific order.
7. The Online Store reserves the right to make ongoing changes both in the prices of Goods presented in the Online Store and in the amount of fees for the delivery of Goods to the address provided by the Customer. However, each change in the price lists does not affect Customers who placed orders before the changes in the price lists were introduced (does not violate the rights of these Customers).
VIII. CONSUMER RIGHTS AND ENTREPRENEUR WITH CONSUMER RIGHTS TO WITHDRAW FROM THE CONTRACT
- If the Customer is a Consumer or an Entrepreneur with consumer rights, they have the right to withdraw from the sales contract concluded with the Seller, without giving any reason, within 14 days from the day on which the Consumer or Entrepreneur with consumer rights acquires possession of the Goods or on which a third party other than the carrier and indicated by the Consumer or Entrepreneur with consumer rights acquires possession of the Goods.
2. The Consumer or Entrepreneur with consumer rights, who intends to exercise or is exercising the right to withdraw from the contract, is entitled to use the Goods only to the extent necessary to establish the nature, characteristics, and functioning of the Goods, i.e., as if they were using the Goods during their stay in a stationary store. It is permissible to touch or try on the Goods to check their size, structure, fit, or arrangement.
3. In the event of exercising the right to withdraw from the sales contract of the Goods, the Consumer or Entrepreneur with consumer rights shall be liable (compensatory) for any decrease in the value of the Goods resulting from using them in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Goods (i.e., in a manner exceeding necessary actions allowing to familiarize oneself with the Goods). In such a case, the Seller shall be entitled to demand compensation from the Consumer or Entrepreneur with consumer rights.
4. To exercise the right to withdraw from the contract, the Consumer or Entrepreneur with consumer rights should inform the Seller of their decision to withdraw from the contract by submitting a clear statement of withdrawal from the contract, according to the choice of the Consumer or Entrepreneur with consumer rights:
a) in writing sent by mail to the address: COCHO Olga Idzik, ul. Wigury 21, 90-319 Łódź Poland
b) or by email to the address: e-sklep@cocho.pl.
5. The Consumer or Entrepreneur with consumer rights may use the withdrawal form template available at www.cocho.pl/zwrot-wymiana. Using the withdrawal form template on the website is not mandatory and does not constitute a condition for effective withdrawal from the contract. However, if the Consumer or Entrepreneur with consumer rights formulates a statement of withdrawal from the contract independently, they should include in this statement information enabling the unambiguous identification of the Consumer or Entrepreneur with consumer rights and the contract from which they are withdrawing (in particular: name and surname of the Customer, signature, date of conclusion of the contract, order number, identifying data of the returned goods, if the Customer returns only certain Goods covered by a given order).
6. To meet the 14-day withdrawal deadline, it is sufficient for the Consumer or Entrepreneur with consumer rights to send a statement of withdrawal from the contract before the expiry of the withdrawal period. In the case of sending the statement by mail, the date of posting determines the compliance with the deadline, and in the case of sending the statement electronically, the moment of entering the statement into the IT system determines compliance with the deadline.
7. In the event of withdrawal from the contract, the Seller shall refund all payments received from the Consumer or Entrepreneur with consumer rights. Subject to the other provisions of the Regulations, in the case of the Consumer or Entrepreneur with consumer rights using the Loyalty Program, the payment shall be refunded taking into account the provisions of the COCHO Loyalty Program Regulations, which means that the discount granted under this program applies to each Good separately - the refunded payment is reduced by the discount for each Good separately. The refund should be made no later than 14 days from the date of receipt of the Consumer's or Entrepreneur's statement of withdrawal from the contract.
8. In the event of withdrawal by the Consumer or Entrepreneur with consumer rights from the contract, the Seller shall also refund the delivery costs determined for the delivery method chosen by the Consumer or Entrepreneur with consumer rights, unless the delivery method chosen by the Consumer or Entrepreneur with consumer rights was different from the cheapest standard delivery method available from the Seller. In such a case, the Seller refunds - in terms of delivery costs - only the equivalent of the costs of the cheapest available delivery method. The refund of delivery costs does not apply to cases in which, according to the order, the delivery costs are borne by the Seller.
9. In the event of withdrawal from the contract by the Consumer or Entrepreneur with consumer rights, the Seller shall refund the payments to the Consumer or Entrepreneur with consumer rights using the same payment methods that were used by the Consumer or Entrepreneur with consumer rights for payment for the Goods, unless the Consumer or Entrepreneur with consumer rights has expressly agreed to another form of refund, and the change of payment method does not result in additional costs for the Consumer or Entrepreneur with consumer rights.
10. The Seller may refrain from reimbursing the payments received from the Consumer or Entrepreneur with consumer rights until the Goods are received.
11. The Consumer or Entrepreneur with consumer rights should return or transfer the Goods together with the sales document to the Seller immediately, and in any case not later than 14 days from the day on which they informed about withdrawal from the contract. The deadline is met if the Goods are sent back before the expiry of the 14-day period (the date of dispatch is decisive).
12. Considering that the Consumer or Entrepreneur with consumer rights who exercises the right to withdraw from the contract is liable for damages resulting from using the Goods in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Goods, the returned Goods should be marked with the original label and tag originally attached by the Seller, including the Seller's name tag, all on the top side of the Goods, and should be clean, without signs of use (including, in the case of footwear, without traces of soil, sand, clay, and other dirt, and in the case of clothing - without stains, any dirt, holes, cracks, pulls, stretches, ironing shine, and discoloration resulting from improper use or washing, etc.).
13. The Consumer or Entrepreneur with consumer rights bears the direct costs of returning the item.
14. The right to withdraw from the contract does not apply to the Consumer or Entrepreneur with consumer rights with regard to a contract in which the subject of the service is a non-prefabricated item, produced according to the Consumer's or Entrepreneur's specifications, or serving to satisfy their individualized needs.
IX. WARRANTY FOR DEFECTS AND COMPLAINTS
1. The Seller is obliged to deliver Goods free from physical and legal defects.
2. The Seller is liable to the Customer who is a Consumer if the Sold Goods have a physical or legal defect. The Seller's liability is liability under the warranty for defects of the Goods, the principles of which are defined by the provisions of the Civil Code, i.e., the provisions from Article 556 to Article 576 of the Civil Code, taking into account the provisions of this Regulation, with the reservation of the next sentence. If the Customer is an Entrepreneur or an Entrepreneur with consumer rights, the Seller's liability under the warranty is excluded, based on Article 558 §1 sentence 1 in connection with Article 556⁴ of the Civil Code.
3. In the event of a defect in the Goods, the Customer who is a Consumer may file a complaint.
4. When filing a complaint, the Customer who is a Consumer may use the complaint form available at www.cocho.pl/reklamacja. Complaints can be submitted according to the Customer's choice:
a) in writing to the address: COCHO Olga Idzik, ul. Wigury 21, 90-319 Łódź, Poland
b) by email to the Seller's email address: e-sklep@cocho.pl
The complaint (if it is not a form available at www.cocho.pl/reklamacja) should specify at least:
a) name, surname, and address of the complainant,
b) indication of the Goods subject to the complaint (e.g., model, color, size, etc.),
c) proof of purchase of the Goods subject to the complaint,
d) description of the non-compliance of the Goods and the period in which the defect was noticed, and, if applicable, also the circumstances justifying the complaint,
e) the complainant's request,
f) the complainant's signature.
5. The Customer who is a Consumer is entitled to submit a complaint within 14 days from the day of detecting the defect. In the case of a Consumer, the complaint can be submitted (notification to the Seller of the defect) within two years from the date of issue of the Goods (i.e., from the date on which the Consumer took possession of the Goods or on which a third party other than the carrier and indicated by the Consumer took possession of the Goods).
6. The Seller will consider the complaint within 14 working days from the date of its receipt.
7. The Customer who is a Consumer and submits a complaint should - to enable the Seller to assess whether the complaint is justified - provide the Seller with the complained Goods along with the document serving as proof of purchase of the Goods. The delivered Goods should be clean (in particular, in the case of footwear, without traces of soil, sand, clay, and other dirt, and in the case of clothing - without stains, holes, cracks, etc.) and meet hygiene requirements.
8. If the Consumer's claims are found to be justified, the Seller refunds the complainant for the delivery costs incurred (excluding additional costs resulting from a delivery method explicitly chosen by the consumer other than the usual and generally accepted delivery method indicated earlier by the seller, which would be associated with lower costs).
9. In the event of accepting the complaint, the Seller will immediately replace the defective Goods with non-defective ones or remove the defect.
10. If the Customer is a Consumer and the Sold Goods have a defect, the Consumer may submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one 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 the obligation to replace the item with a non-defective one or remove the defect.
11. If the Customer is a Consumer, instead of the solution proposed by the Seller, they may demand the replacement of the item with a non-defective one or, instead of replacing the item, request the 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. If the item has already been replaced or repaired by the Seller, the Consumer may submit a statement of price reduction or withdrawal from the contract. The Consumer cannot withdraw from the contract due to a minor defect of the Goods. The Consumer's rights to withdraw from the contract under the warranty for defects of the Goods do not affect the Consumer's right to withdraw from the contract without giving a reason within 14 days from the date of issue of the Goods.
12. The Seller informs that the platform for online dispute resolution between consumers and traders (ODR platform) is available at http://ec.europa.eu/consumers/odr/. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and traders wishing to settle out-of-court disputes concerning contractual obligations arising from sales contracts concluded over the Internet or service contracts.
Complaints about Goods purchased from a person other than the Seller, including without the intermediation of this website, should be reported to the point where the product was purchased.
X. PERSONAL DATA PROTECTION
- The administrator of personal data is Olga Idzik conducting business activity under the name: COCHO Olga Idzik, the address of the main place of business: ul. Wigury 21, 90-319 Łódź (entrepreneur, administrator). COCHO Olga Idzik, with its registered office in Łódź, ul. Wigury 21, 90-319 Łódź, REGON 121474980, NIP 6282142799.
2. Personal data is processed by the administrator solely for the purpose of:
a) performing the sale of Goods contract and the contract for the provision of electronic services, including the delivery of ordered Goods to the Customer,
b) if the Customer consents to it - for informing them about new products, services, and promotions offered by the Seller (data administrator) (email newsletter or SMS newsletter),
c) if the Customer consents to it - for receiving information electronically, including commercial information, from LEGENDHOTELS POLSKA Spółka z ograniczoną odpowiedzialnością with its registered office in Sopot, address: ul. Bitwy pod Płowcami 59, 81-731 Sopot, KRS 000026628 (Sopot Marriott Resort & Spa).
3. The Customer's personal data will be processed for the purpose of providing electronic services and concluding and performing contracts for the sale of goods ordered in the Online Store operated under the Website (the legal basis for data processing is Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)).
Furthermore, the Customer's personal data may be processed for marketing purposes, provided that the Customer gives separate consent (the legal basis for processing is Article 6(1)(f) of the aforementioned Regulation - in the case of direct marketing or Article 6(1)(a) of the said Regulation - in the case of marketing of a person other than the entrepreneur - Administrator).
4. Recipients of personal data will be authorized by the Administrator individuals participating in the implementation of the Program by the Administrator, in particular courier companies, payment operators, IT service providers, as well as other persons cooperating with the Administrator, including LEGENDHOTELS POLSKA Spółka z ograniczoną odpowiedzialnością with its registered office in Sopot, address: ul. Bitwy pod Płowcami 59, 81-731 Sopot, KRS 000026628 (Sopot Marriott Resort & Spa).
5. The Customer's personal data will be processed until the termination of the contract for the sale of the Goods or the contract for the provision of electronic services, or until the expiration of claims under the contract for the sale of the Goods or the contract for the provision of electronic services, or until the obligation to store data expires under the law, in particular the obligation to store accounting documents relating to the sales contract. In the case of personal data processed for marketing purposes, the Customer's personal data will be processed for the duration of the contract or until the objection is raised or consent is withdrawn. In the case of data processed on the basis of consent, personal data will be processed until consent is withdrawn, provided that withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
6. The Customer has the right to request access to their personal data from the Administrator, their rectification, deletion or limitation of processing, the right to object to processing, as well as the right to data portability and the right to withdraw consent.
7. The Customer also has the right to lodge a complaint with the supervisory authority - the President of the Office for Personal Data Protection, if they believe that the processing of their personal data violates the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
8. The Customer's personal data may be transferred to third countries in connection with the technical solutions applied. In the case of such transfer, appropriate and proper safeguards required by data protection laws are applied.
9. Providing personal data and giving consent to their processing is voluntary, however, failure to provide them by the Customer will result in the inability to conclude a contract for the sale of Goods or a contract for the provision of electronic services, and in the case of data processing for marketing purposes - the inability to receive commercial information by the Customer.
10. The statement referred to in point 2 lit. c is unambiguous:
a) with regard to the email newsletter - by consenting to receive, via email to the email address provided by the Customer, information sent by the Seller in a cyclical and indefinite manner in the form of an email - hereinafter referred to as the "Newsletter". The Newsletter contains, among other things, advertisements, invitations to make commercial offers, and information about commercial operations and events concerning the Seller. Each subscriber to the "Newsletter" can unsubscribe from receiving it by clicking on the link present in the footer of each email containing the Newsletter. The Customer's email address used for subscription to the "Newsletter" will not be further processed and transferred to third parties without their consent.
b) with regard to the SMS newsletter - by consenting to receive, via SMS to the phone number provided by the Customer, information sent by the Seller in a cyclical and indefinite manner in the form of an SMS - hereinafter referred to as the "SMS Newsletter". The SMS Newsletter contains, among other things, advertisements, invitations to make commercial offers, and information about commercial operations and events concerning the Seller. Each subscriber to the "SMS Newsletter" can unsubscribe from receiving it in the manner specified in point III. 6 of this Regulation. The Customer's phone number used for subscription to the "SMS Newsletter" will not be further processed and transferred to third parties without their consent.
XI. FINAL PROVISIONS
1. The Online Store is not responsible for the blocking by mail server administrators used to send messages to the email address provided by the Customer, as well as for the deletion and blocking of email messages by software installed on the Customer's computer.
2. Matters not regulated in this Regulation shall be governed by the provisions of Polish law, in particular the provisions of the Civil Code and the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827) and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204).
3. This Regulation is made available free of charge at any time via an activation link posted on the main page of the Online Store (www.cocho.pl/regulamin) and in the shopping cart (before entering into an agreement). The Customer has the option to print the Regulation or save it on an electronic medium (especially computer, smartphone, etc.).
4. The online store is entitled to change the Regulation. Changes to the regulation do not affect the rights of Customers who have placed orders or concluded agreements (for sale / provision of electronic services) before the introduction of such changes to the Regulation.
Subject to other provisions of the Regulation, returned Goods should be labeled with the Seller's name tag sewn on the outer side of the Goods.
