I. General provisions
- The Green Paw online store, available at www.greenpaw.pl, is run by Cosma SA with its registered office in Krakow, ul. Grzegórzecka 67D/26, 31-559 Kraków, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Krakow-Śródmieście in Krakow, XI Economic Department of the National Court Register under the KRS number: 0000559284 , NIP: 9522137211 , REGON: 361597490 , having capital share capital in the amount of PLN 56,700.
- The condition for using the Store is acceptance of all the terms and conditions of the Regulations set out below. Acceptance constitutes a declaration of will and creates a legal obligation between the Customer and the Seller.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
- The Regulations are available at any time via the Store. The Regulations are posted in the Store in a printable form.
The terms used in the Regulations mean:
- Regulations – these regulations of the Store.
- Seller - Cosma SA with its registered office in Krakow, ul. Grzegórzecka 67D/26, 31-559 Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number: 0000559284, NIP: 9522137211, REGON: 361597490, with capital share capital in the amount of PLN 56,700.
- Store – online store run by the Seller at the Internet address www.cosmacannabis.com
- Product – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
- Customer – any entity making purchases via the Store.
- Consumer – a natural person concluding a contract for the sale of Products with the Seller for his/her own use within the Store, the subject of which is not directly related to his/her business or professional activity.
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, conducting business activity on its own behalf, concluding a contract for the sale of Products in the Store with the Seller.
- Distance contract - a contract concluded between the Store and the Customer as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Sales Agreement - Product sales agreement concluded between the Customer and the Seller via the Store.
- Registration form – a form available in the Store, enabling the creation of an Account.
- Account - the Customer's account created in the Store, which collects data provided by the Customer and historical information about Orders placed by him in the Store.
- Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
- Order form - an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment method.
- Cart - an element of the Store's software in which the Products selected by the Customer for purchase and their price are visible, and it is also possible to determine and modify the Order data, in particular the quantity and type of products.
- Price – gross price of the Product, placed next to the information about the Product, excluding delivery costs. The price is expressed in Polish zlotys and includes value added tax (VAT).
- Delivery costs – fees for delivery of the ordered Products to the delivery address provided by the Customer. Delivery costs are expressed in Polish zloty and include value added tax (VAT). The price list for delivery costs can be found in the "Delivery costs" tab.
- Total price of the Order - the sum of the Price and Delivery costs indicated in the transaction summary.
III. TECHNICAL REQUIREMENTS
To use the Store, including viewing the Store's assortment and placing orders for Products, you need:
- broadband internet access,
- operating system (such as iOS, Microsoft Windows XP, 7 or Vista and newer),
- active e-mail account,
- pop-up windows support enabled,
- cookie support enabled,
- FlashPlayer installed.
IV. Contact the store
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
- Seller's e-mail address: shop @greenpaw.pl .
- The Customer can communicate with the Seller by phone between 9 a.m. and 5 p.m. by calling the following Seller's telephone number:
+48 732 080 850
V. General conditions
- Commercial information - price lists, descriptions, advertisements and other information about Products available on the Seller's Store Website constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
- By placing an Order in the Store, the Customer confirms that he or she has full legal capacity and capacity to enter into legally binding obligations.
- The Customer is obliged to enter data into the Order Form and Registration Form consistent with the actual facts, law and good practices. The shared data may not violate the personal rights or property rights of third parties.
- The seller is a payer of the goods and services tax (VAT) and issues a sales document - a receipt or invoice - for each product sale transaction.
- The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
- To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions, in the operation of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
- The final (final) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including fees for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including when expressing will to be bound by the Sales Agreement.
- The store offers three categories of Products:
- Dietary supplements,
- Information about the Products, such as photos, detailed descriptions and - if applicable - composition, are available on the Store's websites, in the descriptions of individual Products.
- All goods offered in the Product Store are brand new, free from physical and legal defects and have been lawfully placed on the market.
VII. Store account
- Browsing the Store's assortment does not require creating an Account. The Customer may place orders for Products included in the Store's assortment either after creating an Account or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
- Creating an Account in the Store is free.
- To create an Account, complete the Registration Form with the Customer's data. The registration form contains clearly marked fields that must be completed. It is necessary to provide the following data : name, surname, e-mail address , billing address (country, street, postal code, city), telephone number.
- After completing and sending the Registration Form by the Customer, the Seller will send confirmation of creating an Account to the e-mail address provided by him. At this point, the process of creating an Account will be completed.
- Logging in to the Account is done by entering the login and password established in the Registration Form.
- The Customer may delete the Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via e-mail.
VIII. Ordering process
- The Ordering Party places an Order using the Order Form and the Basket.
- To place an Order you must:
- select the Product that is the subject of the Order and then click the "Add to cart" button,
- log in or use the option to place an Order without registration,
- if the option of placing an Order without registration has been chosen - complete the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the form of delivery (method of delivering the Product), enter the invoice details if different from the details of the recipient of the Order,
- click the "Buy and pay" button - clicking this button entails the obligation to pay. In this way, the Customer accepts the selected Products in accordance with their description, quantity and Price and expresses the will to purchase them in accordance with the Regulations,
- select one of the available payment methods and, depending on the payment method, pay for the order within 1 business day. If the Total Order Price is not transferred to the Seller's bank account by the end of this period, the Order will be canceled.
IX. Delivery and payment rules
- The Customer may use the following delivery methods for the ordered Product:
- Inpost shipment (parcel locker),
- Fedex courier delivery,
- The Customer pays the Total Order Price by online payment via the PayU or Stripe payment system,
- Detailed information on costs and delivery methods as well as acceptable payment methods can be found on the Store's website.
X. Order fulfillment
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with Chapter VIII. Regulations and then paying for it.
- After the Total Order Price is credited to the bank account, the Seller prepares the Order for execution no later than within two business days. Confirmation of acceptance of the Order for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
- If the Customer - regardless of the reason - fails to collect the shipment, the Seller has the right to withdraw from the contract on the date of return of the uncollected shipment.
- Delivery of the Products takes place within the European Union.
- Delivery of Products to the Customer is subject to payment. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
- In the case of shipping outside Poland, shipping costs and delivery times are determined individually.
XI. The right to withdraw from the sales contract
- The consumer may withdraw from the Sales Agreement without giving a reason within 14 days.
- The right to withdraw from the Sales Agreement does not apply to the following Products:
- which deteriorate quickly or have a short shelf life,
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
- The right to withdraw from the Sales Agreement does not apply to a Customer who is not a Consumer.
- The period specified in section 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.
- The Consumer may withdraw from the Sales Agreement by submitting a unilateral declaration of withdrawal from the Sales Agreement to the Seller. In order to exercise the right to withdraw from the Sales Agreement, the Consumer may use the sample form for the declaration of withdrawal from the Sales Agreement. A sample withdrawal form from the Sales Agreement is available on the Store's website. The use of this template is not obligatory.
- To meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer to send a statement before the deadline.
- The declaration may be sent by traditional mail to the Seller's address or electronically by sending the declaration to the Seller's e-mail address indicated in Chapter IV. Regulations.
- If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the Sales Agreement to the e-mail address provided by the Consumer.
- In the event of withdrawal from a distance contract, the Sales Agreement is deemed not to have been concluded.
- The Consumer should return the Product to the Seller's address provided in these Regulations immediately, but no later than 14 days from the date on which he submitted the declaration of withdrawal. To meet the 14-day deadline, it is enough to return the Product before its expiry.
- The consumer bears the costs of returning the Product (e.g. costs of packaging, protection, or shipping), as well as the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
- The Seller does not accept shipments sent "cash on delivery".
- The return shipment should be properly protected against damage during transport.
- The Seller will immediately refund to the Consumer, but no later than within 14 days, the payments made by him, including the Product delivery costs, with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller. The Seller may withhold the refund until receiving the return of the Products or proof of their return, depending on which event occurs first.
- The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
- The Consumer is responsible for reducing the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by regular mail, information about this and the costs of returning the Product will be included in the Product description in the Store.
XII. Complaints process
- The Seller is obliged to provide the Customer with a Product free from defects. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. The Seller is released from liability under the warranty if the Customer knew about the defect at the time of concluding the contract.
- The Customer must submit his warranty claim to the Seller within one year from the date of noticing the defect. However, no later than within 2 years from delivery of the Product. Complaints should be submitted in writing to the Seller's address or electronically to the e-mail address indicated in Chapter IV. Regulations.
- The complaint should include the details of the person submitting the complaint (name and surname, correspondence address, e-mail address, contact telephone number, optionally a photo of product damage), an indication of the reason for the complaint and the content of the request. If possible, complaints regarding Products or delivery should also include the transaction number (it is visible in the confirmation of acceptance of the Order). The original or copy of proof of purchase (e.g. receipt or invoice) may facilitate filing a complaint, but is not necessary to file a complaint.
- If the sold item has a defect, the Customer may submit a declaration requesting a price reduction or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective item with a defect-free 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 not fulfilled the obligation to replace the item with a defect-free one or remove the defect.
- If the Customer is a Consumer, he may, instead of removing the defect proposed by the Seller, demand that the item be replaced with a defect-free one or, instead of replacing the item, demand that the defect be removed, unless bringing the item into compliance 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. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found, and the inconvenience to which the Customer would be exposed to other means of satisfaction are taken into account.
- The reduced price should be in such proportion to the Price resulting from the contract that the value of the item with a defect remains to the value of the item without the defect.
- The customer cannot withdraw from the contract if the defect is immaterial.
- The Seller will respond to the Customer's complaint immediately, no later than within 14 days. In the case of Consumer claims, failure of the Seller to respond to the complaint within the given deadline will result in the claim being accepted.
- The Seller will notify the person submitting the complaint about the method of considering the complaint by letter sent to the address provided in the complaint or by e-mail - depending on the method of submitting the complaint.
- Goods returned under the complaint procedure should be sent to the Seller's address.
- The costs of shipping Products as part of a submitted complaint are borne by the Seller.
- If a warranty has been granted for the Product, information about it, as well as its content, will be included in the Product description in the Store.
- If the complaint is considered positively, the payment will be refunded immediately after the Consumer receives information on how the complaint was resolved. The payment will be refunded by the Seller using the same payment methods used by the Consumer in the original transaction.
XIII. Out-of-court methods of dealing with complaints and pursuing claims
- In the event of a dispute with the Seller or any doubts as to his rights, the Consumer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims.
- Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_zdrowie.php and http://www.uokik.gov.pl/wazne_adresy.php .
- The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:
- The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to resolve a dispute arising from the Sales Agreement concluded with the Seller.
- The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
XIV. Personal data protection
15th Final Provisions
- Agreements concluded with the Seller are concluded in Polish.
- In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
- If any of the provisions of these Regulations are found to be unlawful, invalid or otherwise unenforceable to the extent provided for by law, they shall be excluded to that extent. In other respects, the Regulations remain in force.
- All names of the Products offered for sale by the Online Store are used for the purpose of identifying the Products and may be protected and reserved under the provisions of the Industrial Property Law.
- The Seller reserves the right to unilaterally make changes to the content of the Regulations - while maintaining the principle that the Customer is bound by the Regulations accepted by him during the reservation and the Seller allows Customers access to archived versions of the Regulations.
- All photos posted on the website are protected under the Act of February 4, 1994 on copyright and related rights (consolidated text: Journal of Laws of 2019, item 1231, as amended) - they have a creative and individual character. They cannot be copied without the consent of the Seller.
- The consumer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he or she may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/ .
- Any disputes arising from the implementation of the Sales Agreement, in the absence of an amicable solution, will be considered by the competent common court determined in accordance with the provisions of the Act of November 17, 1964, Code of Civil Procedure.