TERMS AND CONDITIONS

ONLINE STORE WWW.KOSCIUSCHKO.COM 

• General provisions
  • These Terms and Conditions specify the general conditions and procedure of providing services and conducting sales by electronic means via Online Store www.ambasz.pl. The store is run by Kosciuschko Group Sp. z o.o. (limited liability company) based in Katowice, ul. Kredytowa 8/2, 40-562 Katowice, registered in the National Court Register by the Katowice-Wschód District Court in Katowice, VIII Commercial Department of the National Court Register under number KRS: 0000697520, NIP 6342907120, REGON 368393715, hereinafter referred to as the Seller.
  • Contact with the Seller takes place by:
    • e-mail, address: contact@cosciuschko.com;
    • phone: +48 882450411.
  • These Terms and Conditions are continuously available on the website www.ambasz.pl in a way that allows their acquisition, reproduction and recording by printing or saving on a carrier at any time.
  • The Seller cautions that the use of services provided electronically may be associated with a threat for every Internet user, consisting in the possibility of introducing malicious software into the Customer’s information and communication system and the acquisition and modification of his data by unauthorized persons. To avoid the risk of threats mentioned above, the Customer should use appropriate technical measures that will minimize their occurrence, in particular anti-virus programs and firewalls.

• Definitions

  The terms used in the Terms and Conditions mean:

  • Business days – days from Monday to Friday, excluding public holidays;
  • Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit who is not a legal person but has been granted legal capacity by special provisions who places an Order in the Online Store or uses other Services available in the Online Store;
  • Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, article 93, as amended);
  • Account – a part of the Online Store assigned to a given Customer, with the help of which the Customer can perform specific activities within the Online Store;
  • Consumer – a customer who is a consumer within the meaning of art. 22 [1] of the Civil Code;
  • Entrepreneur – a Customer who is an entrepreneur within the meaning of art. 43 [1] of the Civil Code;
  • Terms and Conditions – this document;
  • Product – a product presented in the Online Store accompanied by a description of it.
  • Sales Contract- a contract for the sale of a Product within the meaning of the Civil Code concluded between the Seller and the Customer;
  • Services – services provided by the Seller to the Customer electronically within the meaning of the provisions of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, article 1204, as amended);
  • Act on Consumer Rights – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, No. 827);
  • Act on Providing Services by Electronic Means- the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, art. 1204, as amended);
  • Order – Customer’s declaration of intent, aimed directly at the conclusion of a Sales Contract, specifying in particular the type and quantity of a Product.

• Rules for using the Online Store
  • Using the Online Store is possible provided that the information and communication system used by the Customer meets the following minimum technical requirements:
    • computer or mobile device with internet access,
    • access to electronic mail,
    • Internet Explorer browser version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer
    • enabling cookies and Javascript in the web browser.
  • Using the Online Store means any act of the Customer that leads to becoming acquainted with the content contained in the Store.
  • The Customer is obliged in particular to:
    • not deliver or transfer content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
    • use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
    • not take actions such as: sending or placing unsolicited commercial information (spam) as part of the Online Store,
    • use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
    • use any content posted as part of the Online Store only for personal use,
    • use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general principles of Internet use.

• Services
  • The Seller allows the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
  • The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form provided on one of the Online Store websites. The contract for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period and terminates when the Customer sends a request to delete the Account or use the “Delete Account” button.
  • The Customer may receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). To do this, the Customer has to enter a valid e-mail address or activate the appropriate box in the registration form or Order form. The Customer may at any time withdraw his consent to be sent commercial information. The agreement on the provision of the Newsletter service is concluded for an indefinite period and terminates when the Customer sends a request to remove his email address from the Newsletter subscription or unsubscribes using the link contained in the content of the message sent as part of the Newsletter service.
  • The Seller has the right to organize occasional competitions and promotions, the terms of which will always be provided on the Store’s websites. Promotions in the Online Store cannot be combined unless regulations on a given promotion provide otherwise.
  • In the event of a breach by the Customer of the provisions of these Terms and Conditions, the Seller, after a previous unsuccessful call to cease or remove violations by an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

• The procedure of concluding a Sales Contract
  • Information about the Products provided on the Store’s websites, in particular descriptions of them, technical and functional features as well as prices, constitute an invitation to conclude a Sales Contract within the meaning of art. 71 of the Civil Code.
  • All Products available in the Online Store are brand new and have been legally placed on the Polish market.
  • Having an active e-mail account is a necessary condition for placing an Order.
  • Placing an Order via the Order form available on the Online Store website means placing it by the Customer in an electronic form with the Seller, which constitutes an offer to conclude a Sales Contract for the sale of Product being the subject of the Order. The offer submitted in an electronic form binds the Customer if the Seller sends a confirmation of acceptance of the Order to the e-mail address provided by the Customer. The confirmation constitutes the Seller’s statement of acceptance of the Customer’s offer and the Sales Contract is concluded upon receipt of the confirmation by the Customer.
  • Placing an Order in the Online Store by telephone or by sending an electronic message takes place during Business Days and hours indicated on the Online Store website. To this end, the customer should:
    • provide in an electronic message addressed to the Seller the name of the Product from among the Products found on the Store’s website and its quantity,
    • indicate delivery method and payment method from the delivery and payment methods given on the Store’s website,
    • provide data needed to process the Order, in particular: name and surname, place of residence and e-mail address.
  • Information on the total value of the Order, referred to in the item above, is provided by the Seller orally after processing the entire Order or via electronic message along with information that the conclusion of the Sales Contract by the Customer entails the obligation to pay for the ordered Products; at this moment the Sales Contract is concluded.
  • In the case of a Customer who is a Consumer, each time after placing an Order by telephone or email the Seller sends the Customer confirmation of the terms of the placed Order.
  • A Sales Contract is concluded when a Customer who is a Consumer sends (in response to a confirmation of the terms of the Order sent by the Seller) an electronic message to the e-mail address of the Seller, in which the Customer accepts the terms of the Order and agrees to its fulfilment, accepts the content of the Terms and Conditions and confirms that he has read the terms of withdrawal from the Sales Contract.
  • On concluding a Sales Contract, the Seller confirms the terms to the Customer by sending them to the Customer’s e-mail address or in writing to the address provided by the Customer.
  • The Sales Contract is concluded in Polish or English, with content in accordance with the Terms and Conditions.

• Delivery
  • Delivery of Products is limited to the territory of the European Union and is carried out to the address provided by the Customer when placing an Order.
  • The Customer may choose the following forms of delivery of ordered Products:
    • via courier;
    • delivered to a parcel locker.
  • In the description of a Product on the Store’s websites the Seller informs the Customer about the number of Working Days needed to complete an Order and its delivery, as well as about charges for delivery of the Product.
  • The date of delivery and fulfilment of the Order is calculated in Business Days in accordance with section VII article 2.
  • The seller provides the customer with proof of purchase.
  • If the Products covered by an Order have different order fulfilment periods, the longest period among those provided applies to the entire Order.

• Prices and payment methods
  • The prices of the Products are given in Polish zlotys, British pounds, and euros for the Customer to choose from and contain all components, including VAT and other fees.
  • The customer can choose the following payment methods:
    • bank transfer to the Seller’s bank account (in this case, the Order will be processed after the Seller has sent the Customer confirmation of the Order, and shipment will be made immediately after payment has been credited to the Seller’s bank account and the Order made ready);
    • electronic payment (in this case, fulfilment of the Order will take place after the Seller has sent the Customer confirmation of the Order and the Seller has received information from the system of the settlement agent about the payment being made by the Customer; shipment will be made immediately after getting the Order ready);
    • payment in instalments (in this case, fulfilment of an Order will take place after the Seller sends the Customer confirmation of the Order, gets it ready and receives payment for the ordered Products from …………………….. based in …………………………)
  • The Seller informs the Customer on the Store’s websites about the date by which he is obliged to make payment for an Order. In the absence of payment by the Customer within the stated time limit, the Seller, after a previous unsuccessful request for payment by an appropriate deadline, may withdraw from the Contract pursuant to art. 491 of the Civil Code.

• Entitlement to withdraw from the Sales Contract
  • The Customer who is a Consumer may withdraw from a Sales Contract without giving a reason by submitting an appropriate statement within 14 days. To comply with this deadline, it is sufficient to send a statement before its expiry.
  • The Customer may formulate the statement himself or use the template of declaration made available by the Seller on the Store’s website.
  • The 14-day period is calculated from the day on which Products were delivered or in the case of a Contract for the provision of Services from the date of its conclusion.
  • The Seller, upon receipt of the statement of withdrawal from a Sales Contract by the Consumer will send to the Consumer’s e-mail address confirmation of receipt of the statement of withdrawal from the Contract.
  • The right to withdraw from a Contract by the Consumer is excluded in the case of:
    • provision of services if the Seller has performed a service in full with express consent of the Consumer who was informed before the commencement of the service that after the performance of it by the Seller he will lose the right to withdraw from the Contract;
    • a Contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Contract;
    • a Contract in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs;
    • a Contract in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;
    • a Contract 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 hygienic reasons, if the package has been opened after delivery;
    • a Contract in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things.
  • In the event of withdrawal from a Distance Contract, the Contract is considered null and void. The subject of the Contract shall be returned unchanged, unless the change was necessary to establish the nature, features and functionality of the Product(s). The return should take place immediately, not later than within 14 days. The purchased Products should be returned to the Seller’s address.
  • The Seller shall promptly, but no later than within 14 days of the date of receipt of the Consumer’s statement on withdrawal from a Contract, return to the Consumer all payments made by him, including the costs of delivery of the Products. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not be binding for the Consumer at any cost. The Seller may withhold reimbursement of payments received from the Customer until the return of the item or delivery by the Customer of a proof of sending it back, depending on which event occurs first, unless the Seller has offered to collect the item from the Customer.
  • If the Consumer has chosen a method of delivery of Products other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  • The Customer bears only the direct cost of returning Products unless the Seller has agreed to bear this cost.

• Complaints about Products under warranty
  • The Seller undertakes to deliver Products without defects.
  • The Seller is liable to the Customer who is a Consumer, for warranty against defects on the principles set out in art. 556 – 576 of the Civil Code. Warranty is excluded for Clients who are Entrepreneurs.
  • Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be directed to the address of Kosciuschko Group Sp. z o.o., ul. Kredytowa 8/2, 40-562 Katowice, to the e-mail address: contact@kosciuschko.com, phone number +48 882450411.
  • For the purpose of considering a complaint, the Customer should send or deliver the Product(s) complained about, if possible by attaching proof of purchase to it. Products should be delivered or sent to the address indicated above.
  • The Seller undertakes to consider each complaint within 14 days.
  • In the event of any deficiencies in a complaint, the Seller shall immediately call the Customer to complete it as necessary, but not later than within 7 days of the date of receipt of the call by the Customer.

• Complaints regarding the provision of electronic services
  • The Customer may file a complaint to the Seller in connection with the functioning of the Store and the use of Services. Complaints may be submitted in writing to the following address: Kosciuschko Group Sp. z o.o., ul. Kredytowa 8/2, 40-562 Katowice, to the e-mail address: contact@kosciuschko.com, phone number +48 882450411
  • In the complaint, the Customer should provide his name, correspondence address, type and description of the problem.
  • The Seller undertakes to consider each complaint within 14 days, and if this was not possible, to inform the Customer within this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Customer to complete it as necessary within 7 days of the date of receipt of the call by the Customer.

• Out-of-court complaint and claim settlement
  • The Customer who is a Consumer has, among others, the following options of using out-of-court complaint and claim settlement methods:
    • the right to apply to the permanent court of arbitration operating at the Trade Inspectorate with a request to settle a dispute arising from a concluded Sales Contract;
    • the right to request the voivodship (provincial) inspector of Trade Inspectorate to initiate mediation proceedings regarding amicable settlement of a dispute between the Customer and the Seller;
    • free assistance in resolving a dispute between the Customer and the Seller from the poviat (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection (including the Consumers’ Federation and the Association of Polish Consumers). Advice is provided by the Consumers’ Federation on free consumer helpline number +48 800 007 707 and by the Association of Polish Consumers at email address: porady@dlakonsumentow.pl;
    • file a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

• Personal data protection

  The personal data provided by the Customer is collected and processed by the Seller in accordance with applicable law and in accordance with the Privacy Policy available on the Store’s website.

• Final Provisions
  • All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, Online Store website, as well as to forms and logos belong to the Seller, and their use may only take place in a manner consistent with the Terms and Conditions.
  • Settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
  • Settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be subject to the court having jurisdiction over the seat of the Seller.
  • In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
  • Every customer will be informed about any amendments to these Terms and Conditions by way of information on the main page of the Online Store containing a list of such amendments and date of their entry into force. Customers who have an Account will be additionally informed about amendments along with a summary of them to the e-mail address they have provided. The date of entry into force of amendments will not be less than 14 days from the date of the announcement of them. In the event that the Customer having a Customer Account does not accept the new content of the Terms and Conditions, he shall be obliged to notify the Seller about this fact within 14 days of the date of being informed about amendments in the Terms and Conditions. Notifying the Seller about lack of acceptance of the new content of the Terms and Conditions results in the termination of the Agreement.

Note on withdrawal from the sales contract

(information on exercising the right of withdrawal from the sales contract)

The right to withdraw from the contract

Please be advised that you have the right to withdraw from this contract within 14 days without giving any reasons.

The deadline to withdraw from the contract expires after 14 days from the day:

• • on which you came into possession of the item or the last item, if the contract concerned the transfer of ownership of many items delivered separately or the possession of the last lot or part, if the contract concerned the transfer of ownership of items delivered in lots or in part;
  • on which a third party indicated by you, other than the carrier, came into possession of the thing or the last of the things, if the contract concerned the transfer of ownership of many items delivered separately or in the possession of the last batch or part, if the contract concerned the transfer of ownership of items delivered in batches or parts.

To exercise the right to withdraw from the contract, please inform Kosciuschko Group Sp. z o.o., ul. Kredytowa 8/2, 40-562 Katowice, to the e-mail address: contact@kosciuschko.com, phone number +48 882450411 about your decision to withdraw from this Contract by an unequivocal statement (for example, a letter sent by post or e-mail).

You can use the model withdrawal form, but it is not mandatory.

To meet the deadline to withdraw from the contract, you only need to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

Effects of withdrawal from the contract

In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivery (except for additional costs resulting from the method of delivery chosen by you other than the cheapest usual method of delivery offered by us), immediately, and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. Reimbursement will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any case you will not incur any fees in connection with this refund.

We may withhold reimbursement of the payment until we receive the item or until we receive proof of sending it back, depending on which event occurs first if the contract concerned the sale of the item.

If the contract concerned the purchase of an item, please send or return the item to us at the address of  Kosciuschko Group Sp. z o.o., ul. Kredytowa 8/2, 40-562 Katowice, immediately, and in any case not later than 14 days from the day on which you informed us about withdrawal from this contract. The deadline is met if you send back the item before the 14-day deadline.

You will have to bear the direct cost of returning the item.

You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, features and functioning of the thing.

Note on withdrawal from the contract for the provision of services

(information on exercising the right to withdraw from the service contract)

The right to withdraw from the contract for the provision of services

Please be advised that you have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date of the contract.

To exercise the right to withdraw from the contract, you must inform Kosciuschko Group Sp. z o.o., ul. Kredytowa 8/2, 40-562 Katowice, to the e-mail address: contact@kosciuschko.com, phone number +48 882450411about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail).

You can use the model withdrawal form, but it is not mandatory.

To meet the deadline to withdraw from the contract, you only need to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

Effects of withdrawal from the contract

In the event of withdrawal from this contract, your Account will be deleted together with all data provided by you and you will not be able to use the services provided under the Account.