Terms and conditionss
General provisions
The CoStories online shop available at www.cottonstories.pl is operated by Yaro-Tex Anna Rosiak. with its registered office in Łódź (93-490) at 11 Ujście Street, Tax Identification Number (NIP): 728 125 49 47, Business Identification Number (REGON): 473026237.
Users can contact the seller via:
a. Tel: 509 407 457
b. e-mail: info@cottonstories.pl
c. By post:
Please read these Terms and Conditions carefully before using the Store.
The rights and obligations of Users and the Seller are determined solely by the provisions of the above. The rights and obligations of the Users and the Seller are determined exclusively by the provisions of the above mentioned Regulations and the provisions of the law in force in the Republic of Poland.
5th Using the Store in any way is tantamount to the fact that the User has read and accepted the content of the Regulations and that he unconditionally agrees to its content.
6th Provisions of these Regulations guarantee the consumer's rights under mandatory provisions of law. In the event of any inconsistency between the provisions of these Regulations and such provisions, such provisions shall take precedence.
Definitions
Shop - the Seller's CoStories online shop at www.costories.com,
Seller - the entity managing and operating the Store, which is Yaro-Tex Anna Rosiak. with its registered office in Łódź (93-490) at 11 Ujście Street, Tax Identification Number (NIP): 728 125 49 47, Business Identification Number (REGON): 473026237.
Regulations - this document together with all attachments and appendices that constitute its integral part,
Buyer - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by the law, which uses the Store's offer. 5,
5th Consumer - a natural person making a legal transaction with the Seller not directly related to his business or professional activities,
6th Entrepreneur - a natural person, a legal person and organizational unit, not being a legal person, which is granted legal capacity by the law, conducting business or professional on its own behalf, making with the Seller a legal transaction directly related to its business or professional activities,
7th User - anyone who uses the Store in any way,
8. order form - an online form available in the Store that allows you to place an order,
9. Product - a movable item available in the Store, which is the subject of a sales agreement between the Buyer and the Seller,
10. e-mail box - electronic mailbox, characterised by an individual Internet address of a given person (e-mail address), through which a given person can send and receive messages and other data as part of electronic mail service,
11. proof of purchase - fiscal receipt, bill or VAT invoice.
Technical requirements
In order to use the services of the Shop via the website, it is necessary to have a device enabling the use of Internet resources, an e-mail box and a web browser enabling the display of websites (it is recommended to use the following web browsers in the given versions or newer, with cookies enabled: Internet Explorer 8, Opera 10.00, Google Chrome 10.0, Mozilla 4.0 or their newer versions).
You can find more information about cookies and the protection of this type of data in our Privacy Policy.
Orders
The Store conducts commercial activities throughout Poland.
Orders in the Shop can be placed through:
a. Order form,
b. E-mail,
c. Telephone numbers intended for placing orders
The buyer is obliged to provide true and correct data necessary to carry out the order.
The shop confirms the acceptance of the order by e-mail or by telephone. The shop also informs by e-mail when the order is ready for collection or submitted for shipment.
The Buyer and the Seller are bound by the information contained in the Product card at the time of placing the order, in particular: the price, the characteristics of the goods, their features, the elements included in the set, the date and method of delivery.
Orders accepted for processing may be cancelled at the latest until the goods are dispatched.
Please be informed that the average lead time from placing the order to dispatching the Product to the Buyer is 14 working days.
The information in the Shop does not constitute an offer within the meaning of the Civil Code. Advertisements, Seller's advertisements, price lists and other information about the Products, provided on the Shop websites, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Act of 23 April 1964. - Civil Code (Journal of Laws No. 16, item 93 as amended).
The conclusion of the contract of sale shall take place:
a. a. for orders submitted through the Order Form available in the Store - at the moment when the Purchaser receives an e-mail message with a statement of accepting the order by the Seller,
b. for orders placed by telephone - at the moment of confirmation by the Online Shop of acceptance of such an order,
c. for orders placed by e-mail - at the moment when the Buyer receives a return e-mail from the Seller with a statement of acceptance of the order of Products.
The order is executed after the payment is made or the requirements for the chosen payment method are met.
The Seller is obliged to notify the Buyer about the absence of the ordered product in the warehouse and the expected extension of the lead time (up to 14 days) immediately, but no later than within 3 days of finding this fact. In such a case, the Buyer may agree to extend the order lead time (to 14 days) or cancel the ordered Product or the entire order.
If it is not possible to carry out the order due to permanent unavailability of the Product, the Seller should immediately, but not later than within 30 days from the conclusion of the agreement, notify the Buyer about it and return the whole amount of money received from the Buyer.
Payments
Prices presented in the Online Store are gross prices (including VAT).Prices of products do not include the cost of delivery.
The Seller attaches the Proof of Purchase to each order.
The Buyer making a purchase as an Entrepreneur for the purposes of business activity declares that he is a VAT payer and authorizes the Seller to issue a proof of purchase without the recipient's signature.
When placing an Order, the Buyer chooses the form of payment:
a. payment by bank transfer to the account of the Seller
b. online payment through a payment system
c. Credit/debit card
Goods are dispatched after the total amount due (price and additional costs) is credited to the Seller's bank account.
If the Buyer has chosen a form of payment by bank transfer or using a payment system, the deadline for making the payment is 2 days.
The Buyer is charged for delivery of the Product to the indicated address, which is specified in the delivery terms and costs.
Seller reserves the right to change prices of Products presented on the pages of the Store, posting information about new products, conducting and cancelling promotional campaigns on the pages of the Store, sales or introducing changes in them. The Seller's right, referred to in the previous sentence, does not affect orders placed before the effective date of price change, promotional campaign or sale. The Buyer will be informed by the Seller about special conditions of promotions and sales. Promotions do not merge, unless the terms of the promotion state otherwise.
Delivery
Delivery of the Products to the address given by the Buyer in the order is done by a courier company (DPD or InPost),
The choice of delivery method is made by the Buyer when placing an order in the Store.
Shipping costs are calculated according to the current price lists and depend on the weight and size of the shipment. The Buyer is informed about shipping costs while placing the order.
The costs of delivery of the Product are borne by the Buyer, unless expressly stipulated otherwise.
The Buyer undertakes to collect the Product that has been dispatched.
Warranty for physical and legal defects
Products offered at the Shop are free from physical and legal defects and, if so indicated on the Product card - covered by the manufacturer's guarantee.
The Seller is liable to the Consumer under the warranty for physical and legal defects of the Product to the extent specified in the Act of 23 April 1964. - Civil Code (Journal of Laws of 2014, item 121 as amended).
The risk of accidental loss or destruction of the Product passes to the Consumer at the moment of delivery of the Product to him/her by the Seller or the carrier acting on his/her behalf. If the Consumer independently determined the carrier of the Product, and the Seller had no influence on it, the risk passes to the Consumer at the moment of the release of the Product to that carrier.
Upon receipt of the Product the Consumer is advised to check the condition of the delivered package in the presence of the carrier, in particular whether it is complete and not damaged. If there is any damage to the Product or any other irregularities of the Product it is recommended to draw up a damage protocol. Failure to prepare the damage protocol by the Consumer does not exclude or withhold recognition of a possible complaint, however it may make it difficult for the Consumer to prove the existence of damage at the time of delivery.
The Consumer makes a complaint about the Product by notifying the Seller about finding a physical or legal defect in the Product.
The Consumer loses the rights to lodge a complaint if within one year from finding a defect in the Product, but no later than within 2 years from the release of the item to the Consumer, they do not notify the Seller about it.
A complaint may be lodged by completing an electronic form available in the Shop, by electronic mail to the address: info@cottonstories.pl
or in writing to the address:
CoStories
Ul. Ujście 11
93-490 Łódź
It is advisable to enclose the Proof of Purchase or its copy with the Product to be complained about so that the complaint can be processed more easily. However, failure to enclose the Proof of Purchase or its copy does not stop the complaint procedure.
If the product has a defect, the Consumer may:
a. demand to replace the Product with a defect-free one, or
b. demand removal of the defect, or
c. make a declaration on price reduction, or
d. make a declaration on withdrawal from the agreement.
The Consumer may not make a statement on price reduction or withdraw from the agreement in the case when the Seller shall immediately and without excessive inconvenience for the Consumer replace the defective Product with a defect-free one or remove the defect. This restriction shall not apply if the Product has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to replace the Product with a defect-free Product or remove the defect.
Instead of the removal of defects proposed by the Seller, the Consumer may request replacement of the Product for one free from defects or instead of replacement of the thing request removal of the defect. This right does not apply when bringing the product into conformity with the contract in the manner selected by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller.
The Consumer may not withdraw from the agreement if the defect of the Product is insignificant.
The Seller may refuse to satisfy the Consumer's request to replace the Product with a defect-free one or to remove the defect if bringing the defective Product into conformity with the agreement in a way selected by the Consumer is impossible or in comparison with the other possible way of bringing it into conformity with the agreement would require excessive costs.
Return of Products
If the Consumer, exercising their rights under the warranty for physical or legal defects of the Product, demands replacing the Product or withdraws from the agreement, the delivery of the defective Product to the Seller takes place by the Consumer, but at the expense of the Seller. The complained Product shall then be sent back to the address:
CoStories
Ul.Ujście 11
93-490 Łódź
appropriate for sending faulty Products. In the situation where the Consumer demands reduction in the price of the Product, the Consumer is not obliged to deliver the Product under complaint to the Seller. In this case the Consumer should make the defective Product available at the place where it is located and inform the Seller about this fact in order to have the defective Product collected.
The Seller considers the complaint immediately, but no later than within 14 days from the date of its submission. The Seller shall respond to the complaint at its own discretion:
a. in writing to the complainant's address,
b. electronically to the e-mail address indicated by the complainant,
c. by telephone.
Complaint about other services of the shop
The user can make a complaint if the services provided in these Regulations are not implemented by the Seller or are implemented inconsistently with the provisions of the Regulations.
Complaint about the Store's services should include:
a. User's identity data;
b. subject of the complaint and the period to which the complaint applies;
c. circumstances justifying the complaint;
d. User's signature - in the case of a complaint made in writing.
If the complaint fails to meet the formal requirements mentioned above, the Seller may, at his own discretion, leave the complaint unconsidered or call the User to supplement it within a period not longer than 7 days with the information that if the complaint is not supplemented within the specified time, the complaint shall be left unconsidered.
The Seller may leave a complaint unprocessed if:
a. a. the complaint concerns an issue explained in the Terms and Conditions, appendices, supplements or help materials available in the Store. In such a case, the reply to the complaint contains a reference to the relevant document.
b. the complaint relates to an issue previously explained in an answer to a previous complaint submitted by a given User. In such a case, the reply to the complaint contains a reference to the relevant correspondence.
c. the complaint comes from a third party who does not have the appropriate authorisation or power of attorney.
d. the complaint is submitted after the expiry of 30 days from the day on which the reasons for the complaint became apparent.
The Seller shall immediately inform the Buyer about exercising the right to leave the complaint unprocessed.
Complaints addressed to the Store, and concerning services provided by third parties through the Store will be immediately transferred by the Seller to the appropriate third party, which is responsible for the implementation of the complaint.
The Seller considers the complaint immediately, but no later than within 14 days of its submission.
The Seller shall respond to the complaint at its own discretion:
a. in writing to the complainant's address,
b. electronically to the e-mail address indicated by the complainant,
c. by telephone.
We would also like to inform that the Consumer has also the possibility to use out-of-court complaint handling and claim investigation methods, including:
a. applying to the permanent amicable consumer court acting at the Trade Inspection with a request to settle a dispute arising from the concluded Agreement.
b. apply to the regional inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of a dispute between the Buyer and Seller.
c. use the free assistance of district (municipal) consumer advocate or a social organisation whose statutory tasks include consumer protection (e.g. Consumers' Federation, Polish Consumers' Association).
Right of withdrawal
A consumer may withdraw from a remote agreement without giving any reason, by making a statement in writing within 14 days.
The deadline for withdrawal from the contract referred to above starts: for the contract, in the performance of which the trader delivers the thing, being obliged to transfer its ownership - from taking possession of the thing by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: includes a number of items which are delivered separately, in instalments or in parts - from the taking possession of the last item, instalment or part.
Withdrawal may be executed by sending an unambiguous statement of withdrawal from the sales contract to the Seller. Sending a statement to the Seller before the expiry of the 14-day period referred to in paragraph 1 above shall be sufficient to meet the deadline.
The declaration of withdrawal from the agreement may be submitted in writing to the address:
CoStories
Ul.Ujście 11
93-490 Łódź
or by e-mail (mail:info@cottonstories.pl). You may use the model withdrawal form attached as Annex 1 hereto, but it is not obligatory.
In the case of withdrawal from the agreement by the Consumer the agreement is considered as not concluded and the Consumer is relieved from any obligations towards the Seller. If the Consumer has made a statement of withdrawal before the Seller confirmed his offer, the offer ceases to be binding.
Goods purchased by the Consumer shall be returned in an unchanged condition, unless the change was necessary to determine the nature, characteristics and functioning of the Product. The Product returned by the Consumer should be packaged in an appropriate manner, ensuring no damage during transport. If possible the Product should be wrapped in its original packaging. Direct costs of returning the product to the Seller in the estimated amount of approximately PLN 20 shall be borne by the Consumer.
The Consumer is responsible for any reduction in the value of the Product resulting from using it in a different way than it was necessary to determine the nature, characteristics and functioning of the Product.
The Consumer is obliged to return the Product immediately, but not later than within 14 days from the date of withdrawal. To meet this deadline it is sufficient to return the Product to the Seller before its expiry.
In the case of withdrawal from the contract by the Consumer, if any payments have been made by the Consumer their return shall be made immediately, no later, however, than within 14 days from the date of receipt of an appropriate statement of the Consumer by the Seller, the same channel by which the Buyer made payment, unless the Consumer expressly agrees to another form of reimbursement. In any case the Consumer shall not bear the costs of returning the payment. The Seller may withhold reimbursement of the payment received by the Consumer until the Product is received back or the Consumer provides proof of its return, whichever event occurs first.
Costs of delivering the Product are refundable to the Consumer only up to the cost of the cheapest ordinary way offered by the Seller. Any additional costs arising from the choice by the Consumer of a different method of delivery shall be borne by the Consumer.
The right of withdrawal does not apply to the Consumer in relation to the contract:
a. in which the subject of the supply is a non-refabricated product, manufactured to the Consumer's specification or serving to meet his individual needs;
b. in which the subject matter of the supply is a product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery;
c. in which the subject of the performance is a Product, which after delivery, due to its nature, are inseparably connected with other things;
Entrepreneur as a Buyer
In the event that the Buyer is an Entrepreneur the right to withdraw from the distance contract shall not apply.
Where the Buyer is an Entrepreneur, the parties exclude Seller's liability under warranty for physical and legal defects of the Product.
If the Buyer is an Entrepreneur, the Seller is liable to the Entrepreneur under the warranty for physical and legal defects of the Product to the extent specified in the Act of 23 April 1964. - Civil Code (Journal of Laws of 2014, item 121 as amended), subject to the provisions below:
a. Upon receipt of the Product, the Entrepreneur is obliged to examine the condition of the delivered parcel in the presence of the carrier, in particular whether it is complete and not damaged. In the case of discovering any damage to the Product or other irregularities in the Product, the Entrepreneur is obliged to draw up a damage protocol. Failure to draw up a damage protocol by the Entrepreneur results in the loss of rights under the warranty.
b. If a defect in the Product is revealed only later and its identification upon the receipt of the delivered parcel was objectively impossible, the Entrepreneur is obliged to notify the Seller about the defect not later than within 7 days from the date of its identification or else they lose their warranty rights.
c. The Entrepreneur is obliged to deliver the Product under complaint
d. A complaint can be made by filling in an electronic form available in the Store, by e-mail to: info@cottonstories.pl
or in writing to the following address:
CoStories
Ul. Ujście 11
93-490 Łódź
If the Entrepreneur, exercising his rights under the warranty for physical or legal defects of the Product, demands the replacement of the Product or withdraws from the contract, the delivery of the defective Product to the Seller shall be made by the Entrepreneur and at his expense, unless the Parties agree otherwise. The Product under complaint should then be sent back to the address:
CoStories
Ul.Ujście 11
93-490 Łódź
The invoice must be accompanied by the Proof of Purchase or its copy. Failure to enclose the Proof of Purchase or its copy may result in rejection of the complaint by the Seller. The Parties exclude the Seller's liability for warranty for physical and legal defects of the Product to the fullest extent permitted by the mandatory provisions of law.
Reservations, assurances and liability
Out of concern for the good of Users and to ensure the highest quality of the Store, it is forbidden to use the Store, any of its functionalities and provided services in a manner contrary to the nature, purpose and scope of the Store, in particular to undertake actions that are contrary to generally applicable law, the provisions of these Terms and Conditions and good manners.
Seller will make every effort to ensure that the Shop and all services made available through it, worked continuously without any disruptions, however, the Seller is not responsible for any disruptions caused by force majeure or unauthorized interference of Users or third parties, for which it bears no responsibility. Seller guarantees the availability of the Store 90% of the year.
Seller reserves the right to introduce any safeguards to protect the proper functioning of the Shop, including safeguards to protect against the actions of Shop Users who violate these Terms and Conditions or rules related to the operation of the Shop.
The Seller reserves the right to anonymous publication of content sent by users to the support team of the Store, and concerning issues related to the functioning of the Shop (FAQ), the advice given, and other, which the Seller considers that the answers to these contents are worth publishing.
The Seller reserves the right to benefit from the advertisements placed in the Shop, to which the User, using the Shop, agrees.
Changes to the regulations
Changes to the Terms and Conditions are possible only for good reason in a way that allows users to previously read and agree, or resign from further use of the services of the Store, or a statement of the use of the Store on the existing terms.
Seller publishes changes to the Terms and Conditions on the pages of the Store. Information about changes to the Terms and Conditions will be made available no later than 14 days before the introduction of the amended Terms and Conditions.
Changes to the Terms and Conditions do not affect orders placed before the effective date of such changes.
Amendments to the above-mentioned Terms and Conditions are not required. The introduction by the Store of promotions, competitions and additional services, the detailed terms and conditions of which will be set out in each case in appendices to the new Terms and Conditions. The detailed terms and conditions of which will be set out in appendices to these Terms and Conditions.
Final provisions
The content of the Regulations is made available to the User free of charge through the Shop and can be recorded, in particular through printing, recording on a carrier or downloading at any time from the pages of the Shop.
The invalidity of one of the provisions of the Regulations, confirmed by a decision of the competent court, does not cause the invalidity of the remaining provisions of the Regulations.
In all matters not covered by these Terms and Conditions the provisions of the applicable Polish law shall apply, unless the mandatory provisions of the law in your country state otherwise.
Any disputes arising out of the functioning of the Shop and the provision of services within the Shop will be subject to settlement by the appropriate Polish common courts.
Any comments, suggestions and questions Users can direct to: info@cottonstories.pl