Store regulations
I. General information
1. These Terms and Conditions of Use of the Website regulate the rights and obligations related to the use of the Online Store available at www.kokosek.pl and the rules for placing Orders and final purchase of Products via it.
2. Whenever the following terms are used in the further part of the Website Regulations, they should be understood in the following meaning:
a. CUSTOMER – a natural person with full or limited legal capacity, or a legal entity or organizational unit without legal personality acting through a duly authorized person. If the Customer is a person with limited legal capacity, they may not make a purchase in the Online Store without the consent of their legal representative. Generally, Sales Agreements concluded as part of the purchase of Products through the Online Store are agreements commonly concluded in everyday matters.
b. CUSTOMER ACCOUNT – a free Electronic Service provided to the Customer as part of the Online Store. The Customer Account is a collection of resources in the Seller's IT system, identified by a login and password, and allows the Customer to access additional features of the Online Store. The Customer logs into their Customer Account after registering on the appropriate subpage of the Online Store, located at https://kokosek.pl/account/register .
c. ORDER – a form available to the Customer within the Online Store containing information about the Products the Customer intends to purchase, as well as the Customer's data necessary for the effective conclusion and performance of the Sales Agreement. An order submitted to the Seller by the Customer is treated as a declaration of intent by the Customer expressing their direct intention to conclude a Distance Selling Agreement via the Online Store. Acceptance of the Order submitted by the Customer by the Seller constitutes the conclusion of the Sales Agreement.
d. PRODUCT – an item available in the Online Store, which is the subject of a Sales Agreement upon payment of a specific price.
e. PROMOTIONS – specific terms and conditions of sale for a specific Product(s), which are governed by separate terms and conditions. In the event of any discrepancies between the provisions of the relevant Promotion Terms and Conditions and the provisions of the Website Terms and Conditions, the provisions of the relevant Promotion Terms and Conditions shall always prevail.
f. COLLECTION POINT – the place where the shipment containing the Products ordered by the Customer via the Online Store is collected. Information on available Collection Points can be found in the Order form, these Website Terms and Conditions, and on the subpage with information on Product delivery available at https://kokosek.pl/pages/platnosci-i-dostawa .
g. REGULATIONS – these Website Regulations, which, in the scope of Electronic Services, are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344). The Website Regulations are available for inspection at the Seller's registered office (brick-and-mortar store) and are also available at https://kokosek.pl/pages/regulamin-sklepu .
h. ONLINE STORE – a platform for selling Products and providing services offered by the Seller, available on the Internet at www.kokosek.pl.
i. SELLER/KOKOSEK – KOKOSEK BABY STORE SC, registered at ul. Dyrekcyjna 3, 50-528 Wrocław, NIP: 8992877117, REGON: 385561480.
j. SALES AGREEMENT – a sales agreement within the meaning of the provisions of the Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2019, item 1145, as amended) concluded at a distance, concerning the sale by the Seller to the Customer of Products offered via the Online Store in exchange for payment of a specific price and possible shipping costs.
k. ELECTRONIC SERVICE/ELECTRONIC SERVICES – service/services provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2020, item 344).
l. TECHNICAL REQUIREMENTS – minimum technical requirements that must be met to properly use the Online Store, Electronic Services, or conclude a Sales Agreement. These are:
• access to a computer or other device enabling the use of the Internet;
• access to e-mail;
• Internet Explorer (min. version 11), Google Chrome (min. version 80), Mozilla Firefox (min. version 74) or Safari (min. version 13.0.1.);
• enabling Javascript and Cookies in your web browser.
m. NEWSLETTER – a free Electronic Service thanks to which, with the Customer’s consent, the Seller can send periodic information about Products, Promotions, the Online Store itself, as well as other commercial information.
3. Acceptance of the Website Terms and Conditions is voluntary, but necessary for the Customer to create a Customer Account and/or successfully place an Order in the Online Store. The Customer is obligated to use the services offered by KOKOSEK in a manner consistent with applicable legal provisions, these Website Terms and Conditions, and the principles of social coexistence. The Customer is also obligated to refrain from publishing content on the Online Store that violates the law.
II. Forms of contact with the Seller
1. Customers can contact the Seller in the following ways:
a. by sending an e-mail to sklep@kokosek.pl;
b. by phone at 881 070 618 between 10:00 a.m. and 6:00 p.m. on business days (the cost of the call is based on the basic tariff of the Customer's telephone operator);
c. by completing the contact form available in the Online Store at https://kokosek.pl/pages/kontakt ;
d. in person at the stationary store at ul. Dyrekcyjna 3, 50-528 Wrocław.
III. Electronic Services
1. KOKOSEK provides the following Electronic Services to Customers free of charge via the Online Store:
a. the possibility for the Customer to create an individual Customer Account, which allows the use of additional functionalities of the Online Store;
b. the ability to purchase Products in the Online Store;
c. the possibility of receiving a periodic Newsletter.
IV. Customer Account
1. The Customer may voluntarily create a free individual Customer Account in the Online Store. However, this is not required to successfully purchase Products. The Customer Account allows the Customer to save and store information regarding their address details and order history, as well as track their Order.
2. An indefinite-term contract for the provision of the service of creating and maintaining an individual Customer Account is deemed to be concluded upon the successful completion of the registration form by the Customer, acceptance of these Website Regulations and, finally, clicking the button confirming registration.
3. The registration form completed by the Customer when creating a Customer Account should contain accurate and current information necessary for the proper provision of services by the Seller. This data should be updated by the Customer on an ongoing basis if it changes.
4. Complaints regarding Electronic Services provided by KOKOSEK can be submitted via email to reklamacje@kokosek.pl. The complaint should include the Customer's name, email address, and a detailed description and reason for the complaint. KOKOSEK BABY STORE reserves the right to review complaints within 14 days from the date of receipt. If the information provided by the Customer submitting a complaint is incomplete, KOKOSEK BABY STORE will request additional information, with the understanding that it is obligated to respond to the complaint within a maximum of 30 days of its receipt.
5. The Customer has the full right to terminate the agreement for the provision of Electronic Services at any time and without giving reasons by submitting a request, including the email address provided in the registration form, to rodo@kokosek.pl or in writing to KOKOSEK BABY STORE SC, ul. Dyrekcyjna 3, 50-528 Wrocław. The Seller may contact the Customer at the email address or telephone number provided to confirm their identity.
V. Newsletter
1. If the Customer wishes to receive the Newsletter from the Seller, they must consent to receiving the Newsletter by providing their active email address in the appropriate field in the Online Store and confirming their willingness to receive the Newsletter by clicking the appropriate button. The agreement for the provision of the Newsletter service by the Seller is concluded when the Customer confirms their willingness to receive the Newsletter by clicking the activation link sent by the Seller to the email address provided by the Customer during registration. The Newsletter subscription form can be found at https://kokosek.pl/ .
2. The Customer has the full right to terminate the agreement for the provision of Electronic Services in the scope of the Seller's delivery of the Newsletter at any time and without giving reasons by submitting their request, including the information contained therein about the email address provided in the form, to the email address rodo@kokosek.pl, by clicking on the deactivation link contained in each Newsletter sent to the Customer's email address, or in writing to KOKOSEK BABY STORE SC, ul. Dyrekcyjna 3, 50-528 Wrocław. The Seller may contact the Customer at the email address or telephone number provided to confirm their identity.
VI. Orders
1. The Customer may place Orders for Products via the Online Store 24 hours a day, 7 days a week (except for possible shutdowns of the Online Store for the duration of a failure or technical work), however, they will be accepted for execution on business days between 10:00 a.m. and 6:00 p.m.
2. When placing an Order for Products, the Customer may correct the entered data by clicking the appropriate button until the Order is confirmed. The Customer may correct an Order already placed by sending an email to sklep@kokosek.pl.
3. An Order placed by the Customer is deemed to be equivalent to a voluntary declaration of will by the Customer expressing the direct will to conclude a Distance Selling Agreement via the Online Store.
4. The information published on the Online Store website is only an invitation addressed to Customers, encouraging them to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code, and not an offer under the provisions of the Civil Code.
5. The recording, protection and disclosure of the content of the concluded Sales Agreement is guaranteed to each Customer thanks to:
a. making the Terms and Conditions of the Website available in the Online Store throughout its operation at https://kokosek.pl/pages/regulamin-sklepu and at the Seller's registered office (brick-and-mortar store) located at ul. Dyrekcyjna 3, 50-528 Wrocław;
b. sending the Customer an e-mail confirming the placed Order;
c. providing the Order specifications and proof of purchase.
6. The recording, securing and making available of the essential provisions of the Agreement for the provision of services by electronic means concluded between the Customer and the Seller shall be effected by sending a message to the e-mail address provided by the Customer.
VII. Delivery
1. The parcel containing the Products ordered by the Customer is delivered to the Customer in the following ways:
a. to the address provided by the Customer in the Order form;
b. to the Collection Point selected by the Customer from the list provided in the Order form;
c. to the stationary store located at ul. Dyrekcyjna 3, 50-528 Wrocław.
2. A change of delivery address after the Customer has placed an Order may be made at the Customer's request sent to the e-mail address sklep@kokosek.pl, with the reservation that the Seller may not take this request into account if the Product has already been sent to the Customer.
3. KOKOSEK BABY STORE offers the following options for delivering Products to the Customer:
a. courier delivery;
b. postal delivery;
c. delivery to a stationary store;
d. delivery to Collection Points.
4. Available delivery methods may depend on the Customer's chosen payment method or Product type, and may also change if multiple Orders are placed simultaneously. Detailed information about the delivery methods offered by the Seller can be found in the Order form and in the product delivery tab available at https://kokosek.pl/pages/platnosci-i-dostawa . The Seller reserves the right to temporarily or permanently suspend certain delivery methods. Information about delivery costs is also provided in the Order form and in the product delivery tab available at https://kokosek.pl/pages/platnosci-i-dostawa .
5. In a situation where the Customer chooses the option of delivering the purchased Product to a Collection Point or to a stationary store, in the event of failure to collect the Order, the Sales Agreement concluded between the Customer and the Seller shall be terminated and the Seller shall immediately return the payment to the Customer in the same manner in which it was received from the Customer.
6. The total delivery time for an Order consists of the time it takes for the Seller to process the Order and the time it takes for the Product to be delivered by the carrier. The order processing time is counted from the moment the Seller confirms acceptance of the Order until the shipment containing the ordered Products is dispatched, and is a maximum of 7 business days. The delivery time for an Order by a given carrier depends on the delivery method chosen by the Customer and is subject to the terms and conditions of the given carrier.
7. The cost of delivery of the Order is borne by the Customer, unless the Terms and Conditions of a specific Promotion provide otherwise.
8. Products are delivered within the territory of the Republic of Poland and to selected European Union countries indicated in the tab regarding product delivery methods and costs available at https://kokosek.pl/pages/platnosci-i-dostawa .
VIII. Payment methods and terms
1. Prices displayed in the Online Store are in PLN (Polish zloty) and include all applicable customs duties and taxes. They are quoted excluding shipping costs, unless the Terms and Conditions of a specific Promotion state otherwise.
2. The Online Store reserves the right to update the prices of Products available through the Online Store, provided that these updates do not affect Orders accepted for fulfillment before the changes are implemented. The purchase of the Product(s) is documented by the Seller with a VAT invoice.
3. The Customer may pay for the Order in any manner provided by the Online Store when placing the Order. Available payment methods are available to the Customer in the Order form and in the payment methods tab available at https://kokosek.pl/pages/platnosci-i-dostawa .
4. The payment deadline for the Order, if the Customer selects "upfront" payment, is 3 days from the date of the Sales Agreement. In the event of non-payment, the Seller has the right to unilaterally withdraw from the Sales Agreement pursuant to Article 492 of the Civil Code. In such a situation, the Seller undertakes to send a declaration of withdrawal from the Sales Agreement to the email address provided by the Customer when placing the Order.
IX. Complaints handling procedure
1. Products offered by the Seller in the Online Store may be covered by a manufacturer's or distributor's warranty. Detailed warranty terms and duration are provided in the warranty card attached to the Product ordered by the Customer.
2. The Seller has a legal obligation to deliver defect-free Products to the Customer. The Seller is liable to the Customer if the Product sold has a physical or legal defect.
3. If, despite the Seller's best efforts, the Product received by the Customer is defective, the Customer may exercise their warranty rights at the designated service centers or, independently of them, their warranty rights from the Seller. The Customer may also use the complaint form provided by the Seller, which constitutes Appendix 2 to these Service Regulations.
4. If the sold Product is defective, the Customer may:
a. submit a declaration of a price reduction for the Product or withdrawal from the Sales Agreement, unless the Seller immediately replaces the defective Product with a defect-free one or, if possible, removes the defect. The reduced price should be proportional to the price resulting from the concluded Sales Agreement to the extent that the value of the Product with the defect is proportional to the value of the Product without the defect. The Customer may not withdraw from the concluded Sales Agreement if the Product defect is immaterial.
b. demand replacement of the Product with a defect-free one or, if possible, removal of the defect.
5. The Customer exercising his/her warranty rights is obliged to deliver the defective product at the Seller's expense to the following address: KOKOSEK BABY STORE SC, ul. Dyrekcyjna 3, 50-528 Wrocław.
6. The Seller is liable under the warranty if a physical defect in the Product is discovered within two years of the date the Product was delivered to the Customer. Any claim for removal of the defect or replacement of the Product with a defect-free one expires after one year from the date the defect was discovered.
7. The Customer may submit any claims regarding Product defects in writing to KOKOSEK SC, ul. Dyrekcyjna 3, 50-528 Wrocław, Poland, or by sending an email to reklamacje@kokosek.pl. In order to expedite the Seller's processing of the complaint, the Customer is required to provide their contact details, the reason for the complaint, the content of the claim, and proof of purchase of the Product. If the complaint does not contain the information necessary to process the complaint, the Seller reserves the right to contact the Customer to obtain it.
X. The right to withdraw from the concluded Sales Agreement
1. The Customer has the right to withdraw from the Product Sales Agreement concluded via the Online Store within a period of 14 days and without giving any reasons, as well as incurring costs other than those provided for by law.
2. The Customer has the right to withdraw from the Sales Agreement by submitting a declaration of withdrawal. Such a declaration may be submitted:
a. using the model withdrawal form, which is consistent with the statutory model form referred to in Article 30, paragraph 1 of the Act on Consumer Rights, and which constitutes Annex No. 1 to these Website Regulations, by sending it completed to the address KOKOSEK SC, ul. Dyrekcyjna 3, 50-528 Wrocław;
b. via a message sent to the e-mail address sklep@kokosek.pl
3. The 14-day withdrawal period begins upon delivery of the Order to the Customer. If the Sales Agreement provides for the delivery of the Order in installments, the period begins upon the Customer taking possession of the last Order. To meet the withdrawal period, it is sufficient to send a declaration of withdrawal before its expiry.
4. If the Customer chooses a method of delivery of the Products other than the cheapest method offered by the Seller, the Seller is not obliged to refund the additional delivery costs incurred by the Customer.
5. The Customer is obligated to return the Product(s) immediately, but no later than 14 days from the date on which they withdrew from the contract. To meet the 14-day deadline, it is sufficient to return the Products before its expiry.
6. The Customer is obliged to send the returned Products with proof of purchase attached to the address KOKOSEK SC, ul. Dyrekcyjna 3, 50-528 Wrocław.
7. The Customer is responsible for any diminished value of returned Products due to use beyond what is necessary to establish the characteristics and functioning of the purchased Products. The Seller reserves the right to seek compensation from the Customer to the extent permitted by applicable law.
8. The Customer does not have the right to withdraw from the contract in relation to contracts:
a. in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons;
b. in which the subject of the provision are audio/visual recordings or computer programs delivered in a sealed package, if it has been opened by the Customer.
9. If the Customer withdraws from the contract, the contract is deemed null and void. The Seller is obligated to immediately, and no later than 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract, refund the payments made. The Seller reserves the right to refund the payments using the same payment method used by the Customer.
XI. Final Provisions
1. The Sales Agreement and the agreement for the provision of electronic services are concluded in Polish.
2. The Website Regulations are effective from the moment of their publication in the Online Store, i.e. from November 17, 2020, and are available at https://kokosek.pl/pages/regulamin-sklepu . The Seller reserves the right to change the Website Regulations if at least one of the important reasons indicated below occurs:
a. changes in legal provisions regulating the sale of Products or the provision of services electronically by the Seller, which affects the mutual rights and obligations of the Seller and the Customer;
b. the need to adapt the Seller's activities to orders, rulings, resolutions or guidelines issued by state authorities;
c. changes in the manner of providing Electronic Services by the Seller due to technical or technological reasons (including the introduction of new functionalities or modification/withdrawal of existing ones);
d. merger, division or transformation of KOKOSEK BABY STORE or change of other identification data of the Seller specified in these Website Regulations.
3. Customers who have accepted the Website Terms and Conditions have the right to terminate their contract within 14 days of being notified of the amendment to the Terms and Conditions. The amendment to the Website Terms and Conditions does not affect the content and terms of Sales Agreements concluded between Customers and the Seller prior to the amendment to the Terms and Conditions.
4. In the event of changes to the Website Regulations, the Seller will make the consolidated text of the Website Regulations available by publishing it on the Online Store in place of the previous Website Regulations, as well as by sending it via e-mail to the e-mail address provided by the Customer.
5. The law applicable to the conclusion of a Sales Agreement or a service agreement via the Online Store is the law of the Republic of Poland, and the courts are the common courts of the Republic of Poland, unless otherwise provided in applicable law. Any disputes arising between the Customer and the Seller will be submitted to the court having jurisdiction over the Seller's registered office.
XII. Extrajudicial methods of settling complaints and pursuing claims
1. A dispute arising from a contract concluded between the Customer and the Seller may be resolved amicably through an out-of-court consumer dispute resolution procedure. The Seller's participation in such a procedure is voluntary. If, following a complaint filed by the Customer, the dispute is not resolved, the Seller will inform the Customer of its intention to file a request to initiate an out-of-court consumer dispute resolution procedure, its consent to participate in such a procedure, or its refusal to participate. If the Seller has not submitted any declaration, it is deemed to have consented to participation.
2. Under the terms and conditions set out in the Act of 15 December 2000 on the Trade Inspection, at the request of the Customer, a dispute regarding property rights arising from the concluded contract may be submitted to the permanent arbitration courts of the provincial inspectors of the Trade Inspection.
3. In accordance with the principles set forth in the Act of 15 December 2000 on the Trade Inspection, if the nature of the case so requires, the provincial inspector of the Trade Inspection shall take steps to resolve a civil dispute out of court by facilitating the reconciliation of the parties' positions in order to resolve the dispute or by presenting the parties with a proposed resolution. Proceedings are initiated upon the Customer's request submitted to the provincial inspector appropriate for the Seller's place of business. The Customer also has the right to contact the district (municipal) consumer ombudsman, whose primary responsibilities include providing free consumer advice and legal information on consumer protection, as well as advocating in matters of consumer rights and interests.
4. The principles and procedures for access to out-of-court resolution of consumer disputes are specified separately in legal provisions (including in particular the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in regulations applied by authorized entities in the context of resolving consumer disputes.
5. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the Customer may submit a complaint via the ODR online platform.
XIII. Electronic invoices
1. By accepting these Website Regulations, the Customer consents to the Seller issuing and sending invoices (as well as corrective invoices and duplicates of these documents) in electronic form to the e-mail address provided by the Customer when creating the Customer Account or when placing an Order.
2. The format of the electronic invoice is PDF (Portable Document Format).
3. Withdrawal of consent means automatic non-acceptance of the Terms and Conditions of the Website, and therefore, although acceptance of the Terms and Conditions of the Website is voluntary, the inability to use the services offered by KOKOSEK BABY STORE.
ANNEX No. 1
ANNEX 2