Terms and conditions
THE TERMS AND CONDITIONS FOR PROVIDING SERVICES BY ELECTRONIC MEANS BY
cordage.eu
1. Preliminary provisions
- Terms and Conditions these Terms and Conditions for providing services by electronic means within Internet eu domain, which shall specify the terms and conditions for providing electronic services by the Seller to the Customer via the website www. cordage.eu.
- Customeris an entity who concludes a Contract for providing services with the Seller, under the condition that the Customer has full capacity to perform acts in law or limited capacity to perform acts in law in cases regulated by the generally applicable provisions of law or being a legal entity or an organisational unit.
- Consumeris a Customer, who is a natural person and concludes a Contract not directly connected with the business or professional activity conducted by the Customer.
- Selleris a Cordage Roman Sosna, registered in the Central Register and Information on Business Activity / the Register of Entrepreneurs of the National Court Register with the following Taxpayer Identification Number (NIP) 7841025858 and National Business Registry Number (REGON) 639788720, being a service provider, administrator and the owner of the Store.
- Storeis an online store run by the Seller in Polish language via website www available in the Internet at the following address url www.eu. Online Store provides the Customers with Electronic Services, including the Sale.
- Electronic Service is a service provided by the Seller to the Customer, on the basis of the Contract concluded between the parties through the Store, under the organised system of concluding distance contracts, without the simultaneous physical presence of the parties.
- Cartis a functionality of the Store allowing the Customer to order Products. Adding a Product to the list of Products under an order is effected by clicking on the “Add to cart” button located near the Product within the area of the Store’s website.
- Saleis the performance of the service of sale of Products provided by the Seller to the Customer without the simultaneous physical presence of the parties (distance contract) through transmission of data at the Customer’s individual request, sent and received by means of electronic equipment for the processing, including digital compression and storage of data, which is entirely broadcasted, received or transmitted by means of telecommunication network.
- Contractis the contract for providing Electronic Service by the Seller to the Customer.
- Sellers's Contact Details are the details of the Seller, with the use of which the Customer may contact the Seller, i.e. the address: ul. Kostrzyńska 15 62-200 Gniezno, email address: linki_gniezno@wp.pl, telephone number: 698637778.
- Customer's Contact Detailsare the details of the Customer, with the use of which the Seller may contact the Customer, including address, email address and telephone number.
- Customer's Accountis the panel for the administration of the Customer’s orders, available in the Store on condition of Registration and Logging in.
- Registrationis the creation of the Customer’s Account by the Customer, with the use of registration form available on the Store’s website.
- Productis an item presented in the Store by the Seller for the purposes of Sale.
- Delivery is the delivery of Products to the Customer by a Carrier, to the place of destination indicated by the Customer.
- Carrieris an entity providing the services of Delivery of Products in cooperation with the Seller.
- External Payment System- is a system of online payments used by the Seller
- Business Daysare the days from Monday to Friday, excluding public holidays.
2 General Terms and Conditions
- Pursuant to Article 8 section 1 point 1 of the Act of July 18, 2002, on providing services by electronic means, the Seller shall establish the Terms and Conditions available at the Store's url address, that is www.eu
- The Seller provides Electronic Services according to the Terms and Conditions as well as the generally applicable provisions of law.
- The Seller makes this Terms and Conditions available on the Store's website.
- Customers may at all times: have access to these Terms and Conditions, record them, obtain and display by printing or recording on data carrier.
- Information given on the Store’s website does not constitute the Seller’s offer within the meaning of the provisions of the Polish Civil Code, it is only an invitation for the Customers to send offers to conclude a Contract of Sale.
- All Electronic Services are provided through the Store’s website 24 hours a day and 7 days a week.
3 Conditions of Use and Registration
- In order to use the Store, it is necessary for the Customer to have an IT device with Internet access, properly configured Internet browser in the current or previous version: Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Safari or Opera and active and properly configured email account.
- Using the Store is by means of becoming familiar with its content.
- The Customer’s orders are administered through the Customer’s Account. Using the Customer’s Account is possible after the creation of such Account using a proper login and password. In order to use the Customer’s Account, it is necessary to log in by using a password.
- The Customer’s Account is created by voluntary registration involving the completion and sending of a registration form to the Seller, which is available on the Store’s website.
- The completion of the registration form involves the completion of all obligatory and optional fields of the form by using true and complete data referring to the Customer, in particular the Customer’s Contact Details.
- Before sending the registration form, by marking appropriate fields, the Customer should declare that:
- the Customer wishes to conclude a Contract for providing Electronic Services with the Seller,
- the Customer agrees to the processing of the Customer’s personal details given in the registration form, for the purposes of provision of Electronic Services by the Seller,
- the Customer has read these Terms and Conditions and accepts them.
- Before sending the registration form, by marking an appropriate field in the registration form, the Customer may voluntarily declare that he gives his consent to the processing of his personal details given in the registration form by the Seller for marketing purposes.
- The above-mentioned declaration includes a confirmation that the Customer has been informed about the contents of this provision: indicated marketing purposes may include in particular sending commercial information by the Seller with the use of the Customer’s Contact Details. The consent mentioned above may be withdrawn at any time, and the Customer shall have the right to access the content of his personal details and to correct them.
- Sending of the registration form involves sending of the form to the Seller through the Store using proper functionality located in the area of the registration form.
4 Orders
- Orders for the Products may be placed via the Store’s website 7 days a week and 24 hours a day, by using the Cart function. After ordering the Products within the area of the Cart, the Customer moves to the Order execution.
- In case the Customer is the owner of Customer's Account, he moves to the next stage of placing an order as logged in Customer.
- In case the Customer is not logged in owner of Customer's Account, he chooses the manner of placing an order by clicking on the
- "Registration" button, with the use of Customer's Account, which will be registered. Then the Customer is registering the Customer's Account and with the use of it he moves to the next stage of placing an order.
- "Place an order without creating an account", without the use of Customer's Account. Then the Customer moves to the next stage of placing an order.
- "Log in" with the use of the Customer's Account. Then the Customer moves to the next stage of placing an order.
- After having selected the manner of placing an order, the Customer shall provide:
- billing information for the purpose of issuing an invoice,
- delivery information, containing Delivery address,
- the manner of Delivery of the Products by choosing an appropriate option of Delivery,
- the manner of payment by choosing an appropriate option of payment.
- The placement of order is preceded by the receipt of information by the Customer, within the area of the Cart, about the total price for the order together with taxes and related costs, in particular the cost of Delivery and payment.
- Order may be placed by clicking on the field "Confirm order" in the Cart, which means that the Customer makes an offer to the Seller to conclude a Contract of Sale of Products listed in the order.
- Before sending the order form, by marking an appropriate field, the Customer should declare that he has read the Terms and Conditions and he accepts their contents.
- Placed order may be changed by the Customer, with the consent of the Seller, until the Customer receives information about sending the order by the Seller.
- Change of order may include cancellation of order, partial cancellation, addition of Products, change of Delivery address.
- The Seller shall immediately inform the Customer about the inability to execute the order in the event of occurrence of circumstances that caused it. This information shall be provided by phone or by electronic means, using the Customer’s Contact Details. Information may contain the following ways of order modification:
- cancellation of the part that is impossible to be executed, which results in the recalculation of order value,
- division of Products subject to Delivery into two parts, the first part for which the Delivery is possible and the second part for which the Delivery shall be at a later time, which does not result in the recalculation of order value,
- cancellation of order in full, which results in the waiver of order value.
- Order acceptance shall be confirmed by the Seller by sending an email message to the address indicated in the Customer’s Contact Details. Order acceptance confirmation is at the same time acceptance by the Seller of the offer to conclude a Contract of Sale of the Products placed by the Customer.
5 Sale
- The Seller provides the Customers with a remote service of selling the Products through the Store.
- The subject of the Contract of Sale includes the Seller’s obligation to transfer the ownership of Products to the Customer and release the Products, as well as the Customer’s obligation to collect the Products and pay the price for the Products to the Seller.
- The Seller reserves the right to carry out promotion campaigns involving the decrease of the Product price until a specified date or until the Product subject to promotion is out of stock.
- By concluding the Contract of Sale, the Seller undertakes to deliver the Products free from any defects to the Customer.
- The Contract of Sale is concluded when acceptance of Customer’s order is confirmed by the Seller.
- Products shall be released immediately.
- The Products release time may be changed if the Customer changes the order.
- The Products shall be released:
- In case the Customer chooses a method of Delivery of the Products by the Carrier, at the address indicated by the Customer,
- In case the Customer decides to collect the Products in person, at the registered office of the Store on business days from 9 a.m. - 5 p.m.
- The Products shall be released not earlier than after the Seller receives the payment from the Customer.
- The Seller shall confirm the release of Products to the Carrier for the purposes of their Delivery to the address indicated by the Customer while placing the order, by sending an email to the Customer’s email address.
- The risk of accidental loss of or damage to the Products is transferred to the Consumer the moment they are released to the Consumer.
- Delivered Products should be checked by the Customer in the presence of the Carrier. If the Customer finds that the Products are damaged, the Customer has the right to demand that a relevant report should be prepared.
6 Payments
- The value of payment as a result of Sale is determined on the basis of Product price list available on the Seller’s website at the moment of placing an order for the Product. The prices given on the Store’s website next to a given Product are gross prices given in PLN and are inclusive of VAT, however, they do not cover the costs of Delivery of the Product or the chosen method of payment.
- The Customer shall bear the costs of transaction and Delivery of the Product.
- The total price of order that can be seen within the area of the Cart before placing the order and after selecting the method of Delivery of the Products and the method of payment covers the price of ordered Products together with taxes and related costs, including in particular the cost of Delivery and the costs of transaction. The total price of order shall be binding for the Seller and the Customer.
- The Store allows the following methods of payment for the provided Services of Sale:
- by cash in case of collecting Products in person in the stationary Store,
- by wire transfer to the bank account of the Store,
- by wire transfer with the use of External Payment System,
- by cash on Delivery by the Carrier.
- The due date for payment shall be the moment when the Product is released.
- A bill or VAT invoice for the Service of Sale shall be enclosed to the Products subject to release or shall be sent by email to the Customer’s email address, at the discretion of the Customer.
- The Customer agrees to receive invoices in electronic form.
- The payment shall be reimbursed by the Seller immediately but not later than within 14 days from the day of occurrence of the cause if:
- the Consumer withdraws from the Contract,
- the Customer cancels the order or part of the order prepaid,
- the Seller acknowledges, in full or in part, the claim specified in a complaint based on generally applicable provisions of law.
- The payment shall be reimbursed using the same method of payment as used by the Customer in the original transaction, unless the Customer agrees to a different solution, which does not involve any costs for the Customer.
- The Seller shall not be obliged to reimburse any additional costs of Delivery of the Products incurred by the Customer, if the Customer chooses a manner of Delivery of the Products other than the cheapest manner of Delivery of the Products offered by the Seller.
7 Complaints and warranties.
- Complaints may be submitted in writing by traditional mail to the address indicated in the Seller’s Contact Details, by using a form constituting an attachment to these Terms and Conditions, located within the area of the Store’s website.
- A complaint should contain a description of the problem and the Customer’s identification details.
- The Seller shall consider the complaint within 14 days from the date of submitting thereof. The submitted complaint should contain the Customer’s Contact Details that shall be used for the reply to the complaint and correspondence connected therewith.
- If the complaint refers to the Product, in order to consider the complaint by the Seller, the Customer should deliver or send the Product that is complained about to the Seller’s address.
- Complaints may be submitted under implied warranty for defects in the Products covered by the Contract of Sale and other Electronic Services.
- If the Product has a defect, the Customer may demand to replace the Product with a product that is free from defects or to remove such defect. The Seller shall be obliged to replace the defective Product with a product that is free from defects or to remove such defect within a reasonable period of time without excessive inconvenience to the Customer.
- The Seller may refuse to meet the Customer’s demand if making the defective Product compliant with the Contract in the manner chosen by the Customer is impossible or if, in comparison with the second possible manner of making the defective Product compliant with the Contract, it would require excessive costs.
- If the Customer is not a Consumer, the Seller may refuse to replace the Product with a product free from defects or to remove such defect also when the costs of meeting this obligation exceed the price of the Product sold.
- If the Product has a defect, the Customer may submit a declaration of reducing the price or withdrawal from the Contract, unless the Seller, immediately and without excessive inconvenience to the Customer, replaces the defective Product with a product that is free from defects or removes such defect. This limitation shall not apply if the Product has been already replaced or repaired by the Seller or if the Seller has not met the obligation to replace the defective Product with a product that is free from defects or to remove such defect. The Customer cannot withdraw from the Contract if the defect is insignificant.
- The Consumer may, instead of removal of the defect, demand to replace the Product with a product that is free from defects or, instead of replacement of the Product, demand to remove such defect, unless making the Product compliant with the Contract in the manner chosen by the Customer is impossible or if, in comparison with the manner suggested by the Seller, it would require excessive costs. In order to assess the excessiveness of costs the value of a Product that is free from defects, the type and the significance of defect and inconvenience imposed on the Consumer by a different solution shall be taken into account.
- The reduced price referred to in Articles 10 and 11 above should remain in such proportion to the price resulting from the Contract as the value of the defective Product remains to the value of the Product without such defect.
- The Consumer may use the following out-of-court possibilities to have the Consumer’s complaint considered and to pursue the Consumer’s claims:
- submitting a request for the resolution of a dispute arising from the concluded Contract of Sale to the standing arbitration consumer court at the Trade Inspection,
- submitting a request for the institution of mediation proceedings to amicably resolve a dispute between the Consumer and the Seller to the Voivodeship Inspectorate of the Trade Inspection,
- seeking assistance of poviat or municipal Consumers Spokesperson or a social organisation with statutory tasks covering consumer protection,
- submitting a complaint via the EU online platform ODR, which is available at the following address http://ec.europa.eu/consumers/odr/.
- The Products may be covered by the manufacturer’s or distributor’s warranty. In such case, the Customer shall be entitled to complain about the Product while exercising the rights resulting from the warranty by submitting a complaint to the guarantor. The complaint may be submitted to the guarantor via the Seller or directly to the guarantor. The Seller does not give any warranty for the Products.
- The Customer may exercise the rights under implied warranty for physical defects of products irrespective of the rights resulting from the warranty.
8 Withdrawal from the Contract
- The Consumer may, without giving any reason, withdraw within 14 days from the Contract for providing Electronic Services, including the Contract of Sale, subject to the provisions indicated in the content of instructions on the withdrawal from the Contract, constituting an attachment hereto, located within the area of the Store’s website.
- The Consumer shall not have the right to withdraw from the Contract among others with reference to the Contract of Sale:
- if the Seller has provided the service in full with the explicit approval of the Consumer, who has been informed before the provision of the service that after the provision thereof by the Seller, the Consumer shall lose the right to withdraw from the Contract,
- of non-prefabricated Product, produced according to the Consumer’s specification or intended for meeting individual Customer’s needs,
- of a Product Delivered in sealed packaging, which, after opening of the packaging, cannot be returned for health protection or hygienic reasons, if the packaging has been opened after Delivery,
- of Products, which after Delivery, owing to their nature, are inseparably connected with other items,
- The Consumer may withdraw from the Contract of Sale by submitting a declaration of withdrawal from the Contract to the Seller. The declaration may be submitted on the withdrawal form constituting an attachment hereto, located within the area of the Store’s website.
- If the Seller receives a declaration of the Consumer’s withdrawal from the Contract of Sale by email, the Seller shall immediately send a confirmation of receipt thereof to the Customer.
- Immediately, however not later than within 14 days from the day of the Consumer’s withdrawal from the Contract of Sale, the Consumer shall be obliged to return the Product to the Seller or give it to a person authorised by the Seller. This time limit shall be deemed observed if the Product is sent back before the expiration of this time limit. This provision shall not apply if the Seller suggests that he will collect the Product by himself.
- The Seller undertakes to collect the Product at his own expense if, owing to the Product’s nature, it cannot be sent back by regular mail and at the same time the Product has been delivered to the place where the Consumer was residing at the moment of concluding the Contract of Sale.
- The Consumer shall be liable for the decrease of the Product’s value resulting from the usage thereof in a manner other than necessary to check the nature, features and functioning of the Product.
- In the event of withdrawal from the Contract of Sale, it shall be deemed as not concluded. If the Consumer submits a declaration of withdrawal from the Contract of Sale before the Seller accepts the Consumer’s offer, such offer ceases to be binding.
- Information about exercising the right to withdraw from the Contract is contained in instructions on the withdrawal from the Contract, constituting an attachment hereto.
9 Additional Provisions
- All trademarks, graphic elements and photos placed on the Store’s website for the purposes of presentation of the Products are protected by copyrights of their owners.
- The internet domain of the Store, its logotypes, name and Terms and Conditions are subject to the copyright law and are protected by law.
- The Customer acknowledges that it is forbidden to supply unlawful texts by the Customer.
- The Seller undertakes to make every possible effort to enable proper functioning of the Store and to assist in solving technical problems related to the functioning thereof.
- The Seller undertakes to conduct actions intended to protect data contained in the Customer’s Account against unauthorised access and use. The Customer shall be liable for the consequences of disclosure of the Customer’s login or password to third parties.
- The Seller’s liability towards Customers that are not Consumers as a result of provided Electronic Services shall be limited to the value of the provided service.
- The Seller shall not be liable for:
- interruptions in proper functioning of the Store and improper provision of Electronic Services caused by force majeure to Customers that are not Consumers,
- interruptions in proper functioning of the Store and improper provision of Electronic Services to Customers that are not Consumers, caused by technical maintenance or reasons attributable to entities, by means of which, the Store provides Electronic Services,
- the loss of profit by the Customer that is not a Consumer,
- consequences of using access details to the Customer’s Account by third parties if those parties have learned those details as a result of violation of the provisions hereof by the Customer,
- damage caused by the Customer’s violation of the provisions hereof.
10 Final Provisions
- The Seller can also gather information in order to store it locally on the Customer’s device using the browser memory mechanism by means of cookies.
- Personal details of the Store’s users are processed on the basis of consent of persons that those details refer to or if it is necessary to perform the Contract, when the person that those details refer to, is a party to that Contract or if it is necessary to undertake certain actions before the conclusion of that Contract at the request of the person that those details refer to.
- Personal details are gathered for the purposes of provision of services by the Seller. The persons, whose details have been gathered by the Seller, shall have the right to access the content of their details, to correct them and to submit a written and justified request to cease the processing thereof as well as to object to that.
- The rules for the processing of personal details, privacy policy and cookies policy are regulated in a document "Privacy and Cookies Policy", being an attachment hereto, placed within the area of the Store’s website.
- By concluding the Contract for providing Electronic Services, the Customer voluntarily authorises the Seller to send, to the Customer’s Contact Details, information connected with the Contracts and their performance as well as commercial information in the event of giving a separate consent thereto.
- The Customer that is not a Consumer shall be obliged to inform the Seller about any changes in the Customer’s Contact Details otherwise deliveries of Products shall not be duly made.
- Nothing in these Terms and Conditions is intended to exclude or restrict the rights of Customer being a Consumer, resulting from generally applicable provisions of Polish law.
- In the event of inconsistency between the provisions of these Terms and Conditions and generally applicable provisions of Polish law, such provisions of law shall prevail.
- To the matters not regulated by the provisions of these Terms and Conditions generally applicable provisions of Polish law shall apply.