Shop rules

I. General Provisions

  1. The Green Paw online store, available at www.greenpaw.pl, is operated by Cosma S.A., headquartered at Plac Europejski 1, 00-844 Warsaw, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS: 0000559284, NIP: 9522137211, REGON: 361597490, with share capital of PLN 56,700.
  2. Use of the Store is subject to acceptance of all the terms and conditions set out below in the Regulations. Acceptance constitutes a declaration of intent and creates a legal obligation between the Customer and the Seller.
  3. These Regulations apply to both Consumers and Entrepreneurs using the Store and set out the rules for using the online store, as well as the rules and procedure for concluding distance sales contracts with Customers through the Store. 
  4. The Regulations are available at all times through the Store. The Regulations are published in the Store in a printable format.

II. Definitions

The terms used in the Regulations mean:

  1. Regulations – these Store Regulations.
  2. Seller – Cosma S.A., headquartered at Plac Europejski 1, 00-844 Warsaw, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS: 0000559284, NIP: 9522137211, REGON: 361597490, with share capital of PLN 56,700.
  3. Store – the online store operated by the Seller at www.cosmacannabis.com
  4. Product – a movable item available in the Store that is the subject of a Sales Contract between the Customer and the Seller.
  5. Customer – any entity making purchases through the Store.
  6. Consumer – a natural person who concludes a contract with the Seller to purchase Products for their own use through the Store, the subject of which is not directly related to their business or professional activity.
  7. Entrepreneur – a natural person, legal person, or organizational unit that is not a legal person, which is granted legal capacity by a separate act and carries out business activity in its own name, and concludes a contract with the Seller to purchase Products through the Store.
  8. Distance contract – a contract concluded between the Store and the Customer within an organized system for concluding distance contracts, without the parties being physically present at the same time, using exclusively one or more means of communication at a distance up to and including the time of conclusion of the contract.
  9. Sales Contract – a contract to sell a Product concluded between the Customer and the Seller through the Store.
  10. Registration form – a form available in the Store that allows the creation of an Account.
  11. Account – a Customer account created in the Store, which stores data provided by the Customer and historical information about Orders placed by them in the Store.
  12. Order – a declaration of intent by the Customer submitted using the Order Form and aimed directly at concluding a contract with the Seller to sell Products.
  13. Order Form – an interactive form available in the Store that allows the submission of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Contract, including the delivery method and payment method.
  14. Cart – a Store software element in which the Products selected by the Customer for purchase and their price are displayed, and which also allows the Customer to specify and modify Order data, in particular the quantity and type of Products.
  15. Price – the gross price of the Product, displayed next to the Product information, excluding delivery costs. The price is expressed in Polish złoty and includes value added tax (VAT).
  16. Delivery costs – charges for delivering the ordered Products to the delivery address provided by the Customer. Delivery costs are expressed in Polish złoty and include value added tax (VAT). The Delivery Costs price list is available in the “Delivery costs” tab.
  17. Total Order price – the sum of the Price and delivery costs indicated in the transaction summary. 

III. TECHNICAL REQUIREMENTS

To use the Store, including browsing the Store’s range and placing Orders for Products, the following are required:

  1. broadband internet access,
  2. an operating system (such as iOS, Microsoft Windows XP, 7 or Vista, or later),
  3. an active email account,
  4. an end-user device with internet access and a web browser (Internet Explorer 8 or later, Google Chrome 15 or later, Mozilla Firefox 7 or later, Opera 11 or later) that supports CSS and JavaScript,
  5. pop-up windows enabled,
  6. cookies enabled,
  7. FlashPlayer installed.

IV. Contacting the Store

    1. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
    2. The Seller’s email address: shop@greenpaw.pl.  
    3. The Customer may communicate with the Seller by telephone between 9 – 17  by calling the Seller’s telephone number: 

      +48 732 080 850

V. General Terms and Conditions

  1. Commercial information – price lists, descriptions, advertisements, and other information about Products on the Seller’s Store website constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  2. By placing an Order in the Store, the Customer confirms that they have full legal capacity and are entitled to enter into legally binding obligations.
  3. The Customer is obliged to enter data into the Order Form and Registration Form that is accurate, lawful, and consistent with good practice. The data provided must not infringe on the personal rights or property rights of third parties.
  4. The Seller is a value added tax (VAT) payer and issues a sales document – a receipt or invoice – for every product sale transaction. 
  5. Prices provided in the Store are in Polish złoty and are gross prices (including VAT). 
  6. To the fullest extent permitted by law, the Seller shall not be liable for any interruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions by third parties, or incompatibility between the online store and the Customer’s technical infrastructure. 
  7. The final (total) amount payable by the Customer consists of the Product price and the delivery cost (including transport, delivery, and postal charges), of which the Customer is informed on the Store pages while placing the Order, including at the time of expressing the intent to enter into the Sales Contract.

VI. Products 

  1. The Store offers three categories of Products in its range:
    1. Dietary supplements,
    2. Cosmetics,
    3. Food.
  2. Product information, such as a photo, detailed description, and – where applicable – ingredients, is available on the Store’s websites in the descriptions of individual Products.
  3. All Products offered in the Store are brand new, free from physical and legal defects, and have been lawfully placed on the market.

VII. Store Account

  1. Browsing the Store’s range does not require creating an Account. The Customer may place Orders for Products in the Store’s range either by creating an Account or by providing the necessary personal and address data to enable the Order to be fulfilled without creating an Account.
  2. Creating an Account in the Store is free of charge.
  3. To create an Account, the Customer must complete the Registration Form with their details. The registration form contains clearly marked mandatory fields. The following data must be provided: first name, surname, email address,billing address (country, street, postal code, city), telephone number.
  4. After the Customer completes and submits the Registration Form, the Seller will send an account creation confirmation to the email address provided. The account creation process will then be complete.
  5. The Customer logs into the Account by entering the login and password set in the Registration Form.
  6. The Customer may at any time, without giving a reason and without incurring any charges, delete the Account by sending a request to the Seller, in particular by email.

VIII. Order Placement Process

  1. The Customer places the Order using the Order Form and the Cart.
  2. To place the Order, the Customer must: 
    1. select the Product that is the subject of the Order and then click the “Add to Cart” button,
    2. log in or use the option to place an Order without registering,
    3. if the option to place an Order without registering is selected – complete the Order Form by entering the Order recipient’s details and the address where the Product is to be delivered, select the delivery method (how the Product is to be delivered), and enter the invoice details if they differ from the Order recipient’s details,
    4. click the “Buy and Pay” button – clicking this button creates a payment obligation. In this way, the Customer accepts the selected Products according to their description, quantity, and Price and expresses the intent to purchase them in accordance with the Regulations,
    5. 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 received in the Seller’s bank account by the end of this period, the Order will be canceled.

IX. Delivery and Payment Terms

  1. The Customer may use the following delivery methods for the ordered Product:
    1. Inpost parcel (parcel locker), 
    2. Fedex courier delivery, 
    3. the Customer pays the Total Order price online using the PayU or Stripe payment system, 
  2. Detailed information about delivery costs and methods, as well as acceptable payment methods, is available on the Store pages.

X. Order Fulfillment

  1. The Sales Contract between the Customer and the Seller is concluded after the Customer first places the Order using the Order Form in the online store in accordance with Chapter VIII of the Regulations and then pays for it.
  2. After the Total Order price is credited to the Seller’s bank account, the Seller will prepare the Order for fulfillment no later than two business days later. The Seller will confirm that the Order has been accepted for fulfillment by sending the Customer a relevant email message to the email address provided while placing the Order, which will contain at least the Seller’s declaration that they have received the Order and accepted it for fulfillment, as well as confirmation that the Sales Contract has been concluded. The Sales Contract between the Customer and the Seller is concluded when the Customer receives the above email message.
  3. If the Customer – regardless of the reason – does not collect the shipment – the Seller has the right to withdraw from the contract on the date the uncollected shipment is returned. 
  4. Product delivery takes place within the European Union.
  5. Product delivery to the Customer is subject to a fee. The Product delivery costs (including transport, delivery, and postal charges) are indicated to the Customer on the online Store pages in the “Delivery costs” tab and while placing the Order, including at the time the Customer expresses the intent to enter into the Sales Contract.
  6. For shipments outside Poland, the shipping costs and delivery time are determined individually.

XI. Right to Withdraw from the Sales Contract

  1. A Consumer may withdraw from the Sales Contract within 14 days without giving a reason.
  2. The right to withdraw from the Sales Contract does not apply to the following Products:
    1. those that deteriorate rapidly or have a short shelf life,
    2. those supplied in sealed packaging, which cannot be returned after the packaging is opened due to health protection or hygiene reasons, provided the packaging is opened after delivery,
  3. The right to withdraw from the Sales Contract does not apply to Customers who are not Consumers.
  4. The 14-day period specified in paragraph 1 begins when the Product is delivered to the Consumer or to another person designated by them, other than the carrier.
  5. A Consumer may withdraw from the Sales Contract by providing the Seller with a unilateral declaration of withdrawal. To exercise the right to withdraw from the Sales Contract, the Consumer may use the model withdrawal declaration form. The model withdrawal form from the Sales Contract is available on the Store pages. Use of this model is not mandatory.
  6. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the deadline expires.
  7. The declaration may be sent by traditional mail to the Seller’s address or electronically by sending the declaration to the Seller’s email address specified in Chapter IV of the Regulations. 
  8. If the Consumer sends the declaration electronically, the Seller will promptly send the Consumer a confirmation of receipt of the declaration of withdrawal from the Sales Contract to the email address provided by the Consumer.
  9. If the Customer withdraws from a distance contract, the Sales Contract shall be deemed not to have been concluded.
  10. 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 they submitted the declaration of withdrawal. To meet the 14-day deadline, it is sufficient to return the Product before the deadline expires. 
  11. The Consumer bears the costs of returning the Product (e.g., packaging, protection, and dispatch costs), as well as the costs of returning the Product if, due to its nature, it cannot be returned by post in the usual manner.
  12. The Seller does not accept cash on delivery shipments. 
  13. The return shipment must be properly protected against damage during transport.
  14. The Seller will promptly refund the Customer’s payments, but no later than within 14 days, including the Product delivery costs, except for additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller. The Seller may withhold the refund until it receives the returned Products or proof of their return, whichever occurs first.
  15. The Seller will issue the refund using the same payment methods the Customer used in the original transaction, unless the Customer expressly agrees to another method that will not incur any costs for them.
  16. The Customer is responsible for any reduction in the Product’s value resulting from using it in a manner other than as necessary to establish the nature, characteristics, and functioning of the Product.
  17. If, due to the nature of the Product, it cannot be returned by post in the usual manner, information about this, as well as about the costs of returning the Product, will be provided in the Product description in the Store.

XII. Complaints Procedure

  1. The Seller is obliged to provide the Customer with a Product free from defects. If a product purchased from the Seller has a defect, the Customer has the right to file a complaint based on the warranty provisions in the Civil Code. The Seller is not liable under warranty if the Customer knew about the defect at the time of concluding the contract.
  2. The Customer must report their warranty claim to the Seller within one year from the date they noticed the defect, but no later than two years after the Product is delivered. The complaint should be submitted in writing to the Seller’s address or electronically to the email address specified in Chapter IV of the Regulations. 
  3. The complaint should include the details of the person filing the complaint (first name and surname, mailing address, email address, contact telephone number, and optionally a photo of the product damage), the reason for the complaint, and the details of the request. Where possible, complaints about Products or delivery should also include the transaction number (which is visible in the Order acceptance confirmation). An original or copy of proof of purchase (e.g., a receipt or invoice) may make it easier to file a complaint, but is not required.
  4. 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 promptly and without excessive inconvenience to the Customer replaces the defective item with one free from defects or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller, or if the Seller has failed to fulfill its obligation to replace the item with one free from defects or remove the defect.
  5. If the Customer is a Consumer, they may, instead of the remedy offered by the Seller, request that the goods be replaced with goods free from defects or, instead of replacement, request that the defect be removed, unless bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would involve disproportionate costs compared to the manner proposed by the Seller. In assessing whether the costs are disproportionate, the value of the goods free from defects, the nature and significance of the identified defect, and the inconvenience that the alternative method of satisfying the claim would cause the Customer shall be taken into account.
  6. The reduced price shall bear the same proportion to the Contract Price as the value of the goods with defects bears to the value of the goods without defects.
  7. The Customer may not withdraw from the contract if the defect is insignificant.
  8. The Seller shall respond to the Customer's complaint promptly, and no later than 14 days. In the case of a Consumer's claim, if the Seller does not respond to the complaint within the specified period, the claim shall be deemed accepted.
  9. The Seller shall inform the person submitting the complaint of the outcome of the complaint by letter sent to the address provided in the complaint or by email, depending on how the complaint was submitted.
  10. Products returned as part of the complaint procedure shall be sent to the Seller's address.
  11. The Seller shall bear the shipping costs of the Products in the submitted complaint. 
  12. If the Product is covered by a warranty, information about it, as well as its terms, shall be included in the Product description in the Store. 
  13. If the complaint is accepted, the refund shall be issued promptly after the Consumer receives information on how the complaint has been settled. The Seller shall issue the refund using the same payment methods that the Consumer used in the original transaction.

XIII. Out-of-court methods of settling complaints and pursuing claims

  1. In the event of a dispute with the Seller or any doubts about their rights, the Consumer may use out-of-court methods of settling complaints and pursuing claims.
  2. Detailed information on the Consumer's options for using out-of-court methods of settling complaints and pursuing claims, as well as the rules for accessing these procedures, is available at the offices and websites of the county (municipal) consumer ombudsmen, non-governmental organizations whose statutory tasks include consumer protection, the Voivodeship Inspectorates of the Office of Competition and Consumer Protection, and at the following Office of Competition and Consumer Protection websites: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  3. The Consumer has the following examples of options for using out-of-court methods of settling complaints and pursuing claims:
    1. The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Art. 37 of the Act of 15 December 2000 on the Office of Competition and Consumer Protection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to resolve a dispute arising from the Sales Contract concluded with the Seller. 
    2. The Consumer is entitled to apply to the Voivodeship Inspector of the Office of Competition and Consumer Protection, pursuant to Art. 36 of the Act of 15 December 2000 on the Office of Competition and Consumer Protection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller. 
    3. The Consumer may obtain free assistance in resolving the dispute between them and the Seller by also using the free assistance of the county (municipal) consumer ombudsman or a non-governmental organization whose statutory tasks include consumer protection (e.g., the Federation of Consumers, the Polish Consumers' Association).

XIV. Personal data protection

  1. All matters regarding the protection of the personal data of the Customer and all other persons using the Store are regulated in the privacy policy available on the Store's website at: https://greenpaw.pl/pages/polityka-prywatnosci

XV. Final provisions

  1. Contracts concluded with the Seller shall be concluded in Polish.
  2. In matters not regulated by these Terms, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Consumer Rights Act; the Personal Data Protection Act.
  3. If any provision of these Terms is found to be unlawful, invalid, or otherwise unenforceable to the extent provided by law, it shall be excluded to that extent. The Terms shall remain in force in all other respects.
  4. All names of 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 Act.
  5. The Seller reserves the right to unilaterally make changes to the content of the Terms – provided that the Customer is bound by the Terms accepted by them during the reservation process and the Seller provides Customers with access to archived versions of the Terms. 
  6. All photographs published on the website are protected under the Act of 4 February 1994 on Copyright and Related Rights – (consolidated text: Journal of Laws of 2019, item 1231, as amended) – and have an original and individual character. They may not be copied without the Seller's consent.
  7. The Consumer has the right to use out-of-court methods of settling complaints and pursuing claims. For this purpose, they may submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
  8. All disputes arising from the performance of the Sales Contract, in the absence of an amicable settlement, shall be resolved by the competent court of general jurisdiction determined in accordance with the provisions of the Act of 17 November 1964 – Code of Civil Procedure.