TERMS & CONDITIONS
The online store located under the domain www.cosmonity.com is operated by Michał Ostaszewski under the business name AURORA MICHAŁ OSTASZEWSKI, registered in the Central Register of Business Activity and Information of the Republic of Poland, maintained by the competent minister for economy, with its registered office at 39/41 Listonoszy Street, 04-431 Warszawa, NIP (tax number): 9522030163, REGON (National Official Register of National Economy Units): 385221270, (hereinafter referred to as the "Seller").
Contact with the Seller may be made:
- in writing at the address indicated above,
- using the e-mail address email@example.com.
§ 1 GENERAL PROVISIONS
- The following meaning for the listed terms shall be established:
- TERMS & CONDITIONS – these Terms & Conditions,
- CUSTOMER - a natural person, a legal person or an organizational unit without legal personality but with legal capacity, who, under the terms of these Terms & Conditions, places an Order in the Online Store,
- ENTREPRENEUR WITH CONSUMER'S RIGHTS - natural person with entrepreneurial status, entered in the Central Register and Information on Economic Activity, making an Order as part of his/her business activity, but without relation to the professional character of this activity. This status applies exclusively to customers having their place of delivery or registered office in Poland.
- CONSUMER - Customer who is a natural person using the Online Store for the purpose not directly related to his/her business or professional activity,
- GOOD, PRODUCT - movable item, presented in the Online Store, to which the Sales Agreement applies,
- NFT - non-fungible token, which operates on the basis of blockchain architecture, containing information distinguishing it from other tokens, offered in the Store,
- SALE AGREEMENT - a contract of sale of goods within the meaning of the Civil Code Act of 23.04.1964 (Poland), concluded between the Seller and the Customer, using the Online Store,
- ONLINE STORE (STORE) - Internet service available at www.cosmonity.com, through which the Client may place an Order,
- ORDER - Customer's declaration of will that explicitly defines the type and quantity of Goods, aiming directly at concluding a Sales Agreement. 2.
- The purpose of the Store is to sell products currently in the assortment and to enable the Customer to place orders for the offered products through the website. Use of this service is possible through a properly completed Order form without having to log on. Store allows you to browse the store's range of products on the product pages free of charge.
- Sales are held via the Internet between the orderer as a buyer and the Store as a Seller.
- Any customer purchasing products offered by the store is required to read the content of these Regulations.
§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS
- Technical requirements necessary to use the services of the Store:
- a)Internet connection,
- b)properly configured browser,
- c)current, active and properly configured e-mail account,
- d)Cookies and Java Script enabled,
- e)program to read PDF files.
- In the event that the Customer uses hardware or software that does not meet the technical requirements specified above, the Store does not guarantee the proper functioning of the service and reserves the right to adversely affect the quality and course of the procedure for placing an Order.
- It is prohibited to provide content of an unlawful nature by the Customer, including in the opinions to the Products. The Store has no obligation, without official or reasonable notice, to monitor, edit, or remove content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of any party or the Terms and Conditions. Customer represents that it will not include defamatory or otherwise unlawful, offensive or obscene material, or contain computer viruses or other malicious software that could in any way affect the operation of the Store or any related website. You must not use a false email address or otherwise mislead us or any third party as to the origin of any comments or materials posted.
- You must not use the Store or its contents: (a) for any unlawful purposes; (b) to solicit others to perform or participate in any unlawful activity; (c) to infringe the intellectual property rights of the Store or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, denigrate, disparage, intimidate, or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or (e) to provide false or misleading information or collect or track personal information about others, such as for spamming.
§ 3 REGISTRATION
- Registration in the Store is free and optional.
- After registering in the Online Store, logging in takes place using the data provided in the registration form or changed on the basis of a later application by the Customer.
- In order to remove the Customer's account from the Store (termination of the contract) should be sent an e-mail with a request to delete the account to the e-mail address: firstname.lastname@example.org with the identification data of the Customer currently registered in the Store. The above does not apply to situations in which the Store is in the process of fulfilling an Order placed by a Customer. In this case, the effect of termination of the contract will be as soon as the Order in question.
- The Online Store allows you to make Orders without having to register and log in to the Store. For this purpose, each time in the process of placing an Order the Customer is required to complete an electronic form by entering the data required by the Store necessary for its identification and the conclusion and performance of the Sale Agreement (name and surname, e-mail address, telephone number - optionally, delivery address). The Customer is obliged to accept the current Terms & Conditions together with a statement of consent to process personal data for the purposes of the Order. Lack of registration in the Store means lack of the Customer’s account, which enables the access to automatic tracking of the Order.
§ 4 ORDERS
- Information about the available range of products in the Store is an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- The Customer, by placing an Order, makes an invitation to conclude a contract of sale for the ordered Products in the Store. The process of ordering the Product begins with the confirmation of the characteristics of the service through the Product Page. The Customer is informed about the estimated time of completion of the Order, availability of the product, price and payment methods, as well as possible delivery options. For the purpose of delivery of the product, the Customer is obliged to provide his/her address data or verify it in the case of prior registration of an account. Before placing an order (by using the "order and pay" button) the Customer confirms that he or she has read these Terms & Conditions together with consent to the processing of personal data for the purposes of the Order.
- Order confirmation sent by the store to the e-mail address provided by the Customer is a statement of acceptance of the invitation referred to in Subsection 2 above. If before the confirmation of the Order (button "order and pay") the Customer completes the use of the service and leaves the Store, the contract will not be concluded.
- The customer purchasing as an entrepreneur, is required to provide Tax Identification Number when placing an order, otherwise it is assumed that he buys as a consumer.
- Assessment of whether the Customer who is an entrepreneur entered in the Central Register and Information on Economic Activity has the status of the Entrepreneur With Consumer Rights is made by the Store in relation to the individual case and on the basis of statements made by the Customer, if any, when ordering products.
- In order to place an Order, the Customer is obliged to choose from available in the Store: the ordered products, method of delivery, method of payment and indicate the delivery address. The choice is made by: selecting a product and adding it to the cart.
- If nothing else follows from the description of the Product, frames for Products are not sold as a set.
- The Customer can choose an unlimited number of products for the Order from the number of the Product available for Orders, and after going to the shopping cart will receive a summary of selected Products. If the number of Products is limited, the store indicates such information on the product page.
- Due to the nature of the Products, Store informs that they are presented on the Site with the consent and knowledge of the copyright owners. It is prohibited to copy and distribute materials (photos, text) found on the Store's website without the written permission and knowledge of the copyright owners.
- The authors of photographs or other graphics reflected in the Products retain full copyright, according to the Act of 4 February 1994 Copyright and Related Rights (Poland). No property copyrights are transferred to the Customer. Products are marked with authorship, protect the personal rights of authors.
- The Store informs that the display of colors and images of Products depends on the accuracy and quality of the parameters of the device used by the Customer.
- In the case of unavailability of the products covered by the Order in stock, at the Store's suppliers or for other reasons and it is not possible to carry out the Customer's Order, the Store will notify the Customer of this fact within 14 (fourteen) days at the latest, counting from the date of placing the Order. In this case, the Customer has the right to decide whether he or she agrees to fulfil the Order within the period proposed by the Store or whether he or she withdraws from the contract. If it is not possible to carry out a part of the order referred to above, the customer is informed of the status of the order and decides on the method of its implementation. The Customer can choose between:
a) partial execution - the Customer's choice of this option results in the execution of the Order concerning only the available Products;
b) cancellation of the whole Order (withdrawal).
In the case of withdrawal from the contract, the Store will return the amount paid for the price. A notification will be sent to the e-mail address specified by the Customer in the Order or registration form. If no decision is made within 7 (seven) days of notification, the Order will be cancelled for the part of the Products not available.
§ 5 PRODUCT PRICES AND METHODS OF PAYMENT
- The price of each Product is binding at the time of placing an Order by the Customer. The prices of goods placed on the Store's website include VAT (if due to the place of delivery of the Goods is charged) and do not include delivery costs.
- Delivery of goods is carried out in the following variants offered in the Store:
- through a courier company.
- Information about the cost of delivery is available in the ordering process before placing such an Order.
- Products packed in a manner that protects them in transport (e.g. in tubes), but if the Customer noticed damage to the packaging upon receipt, is asked to document the damage and report it to the carrier in order to secure claims.
- Delivery costs will be included in the prices of Products, depending on the ordered goods and Customer's choice of delivery method, when placing an Order.
- The Seller provides the Customer with the following methods of payment for the Products:
- Electronic payment and payment card via the Przelewy24.pl website - the payment service is provided by PayPro SA (PayPro), with its registered seat in Poznań, ul. Kanclerska 15 (60-327), KRS 0000347935, Tax Identification Number (NIP) 7792369887, entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under no. UKNF IP24/2014.
- Electronic payments and payment card payments via Shoplo - payment service is provided by Shoplo Spółka z ograniczoną odpowiedzialnością with registered office at ul. Pawia 9, 31-154 Kraków, entered in the National Court Register - Register of Entrepreneurs under KRS number 0000417586, NIP 5213630420, REGON number 14608785800000, share capital 88300,00 zł..
Electronic payments via PayPal virtual wallet system - payments are handled by PAYPAL POLSKA Spółka z ograniczoną odpowiedzialnością, entered in the National Court Register - Register of Entrepreneurs KRS: 0000289372, NIP: 5252406419, REGON: 14110822500000, with its registered office at 53 Emili Plater Street, 00-113 Warsaw, Poland.
- If an Order is made and a payment option other than cash on delivery is selected, and the payment for the Order is not credited within fourteen (14) days, the Order shall be cancelled. After three (3) working days from making the Order, if the payment is not credited, the Customer will receive an e-mail reminder to make the payment.
- Release of the Order will take place at the time specified in the confirmation of the Order and previously accepted by the Customer, but no later than within 30 (thirty) days from the date of conclusion of the contract. On the product page the Store indicates the estimated time of dispatch of the Order.
- In the case of some Products or reaching a certain value of the Order, the cost of delivery shall be borne by the Store, of which the Customer is informed each time before placing the Order.
§ 6 COMPLAINTS
- The Online Store is obliged to issue goods without defects.
- In the case of a Sale Agreements concluded with Consumers and Entrepreneurs With Consumer Rights, the Seller is liable under warranty. It is excluded in relation to the Customer with another status.
- In order to make a complaint, it is necessary to inform the Store of the noticed defects, document them in order to verify the reservations and the possible removal of defects without having to send the Goods to the Store. In the case of the necessity of sending back the Goods to the Seller's store, the Seller shall inform the person submitting the complaint about it within 14 days from the date of complaint. The returned Goods shall be accompanied by a document confirming the purchase of the Product in the Store with the description of requests. Complaints can be filed in electronic form at email@example.com or in writing to the address of the Seller.
- If the product has a defect, you can make a statement to reduce the price or withdraw from the contract, unless the Store immediately and without excessive inconvenience for the complainant will replace the defective item to free from defects or remove the defect. This restriction shall not apply if the item has already been replaced or repaired by the Store, or the Store has not replaced the item with a defect-free item or has not removed the defect.
- If the Customer is a Consumer or an Entrepreneur With Consumer Rights, may instead of removing the defect proposed by the Store to replace the item with a defect-free one or instead of replacing the item to require removal of the defect, unless bringing the item to conformity with the contract in the chosen manner is impossible or would require excessive costs compared with the manner proposed by the Seller. When assessing the excess of costs, the value of the item free from defects, the type and importance of the defect found, as well as the inconvenience to which the buyer would be exposed by another way of satisfaction shall be taken into account.
- The reduced price shall be in such proportion to the price under the contract as the value of the thing with the defect remains to the value of the thing without the defect. You can not withdraw from the contract if the defect is insignificant.
- The Store immediately, but no later than 14 days from the date of receipt of the shipment of complaint goods, will take a position on the complaint and inform the customer about further proceedings. About the outcome of the complaint the Store will immediately notify the complainant in writing or by e-mail to the e-mail address specified in the complaint. If the Consumer or Entrepreneur on the rights of the consumer does not receive the position of the Store on the complaint within the indicated period, it is assumed that the Store acknowledged the complaint.
- Transport of advertised products under the warranty is at the expense of the Store by the shipping method indicated by the Store. The Store does not accept shipments sent COD. In some cases it is not necessary to send the Product complained of, and the Seller may be satisfied with the visual inspection of photographs provided by the Consumer or Entrepreneur on the rights of the consumer, about which he will inform him after receiving a complaint.
- In the event of a dispute between the Store and the Customer as to the legitimacy of refusal to take into account the complaint, the Customer who is the Consumer has the right to use out-of-court complaint and claim settlement methods. The Customer may use mediation or arbitration by providing the institution before which the proceedings will be held with an appropriate form - an application for mediation or an application for consideration of the matter before an arbitration tribunal. A list of sample institutions together with their contact details is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/odr the Consumer has access to resolve consumer disputes electronically via the EU online platform (ODR platform). Such right is not available or the Entrepreneur about the consumer's rights. In the case of foreign Customers, they should find out what ways they have of out-of-court settlement of consumer disputes in their country, and the Store will proceed with such a procedure if necessary.
§ 7 RESCISSION OF CONTRACT
- Customer who is a Consumer or Entrepreneur with Consumer Rights, may withdraw from the contract without giving any reason within 14 days from the date of delivery. He shall then make a statement of withdrawal and return the Goods to the Store. In order to make a declaration of withdrawal you can use the contract withdrawal form in the appendix to the Regulations. The deadline shall be deemed to have been met if the Consumer or Entrepreneur with consumer rights sends a statement of withdrawal in writing to the Seller's address or electronically to e-mail: firstname.lastname@example.org, no later than on the last day of the 14-day period. After receipt of a statement of withdrawal in electronic form at the above-mentioned e-mail or postal address, the Seller shall immediately confirm its receipt by sending information to the e-mail address of the withdrawing party. Statement of withdrawal from the contract submitted after the above-mentioned period shall have no legal effect.
- Goods should be returned in an unchanged and complete, without traces of use, unless the change was necessary within the limits of ordinary management, i.e. the Consumer or Entrepreneur With Consumer Rights should proceed with the goods, taking into account the need for its possible subsequent return. He shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to determine the nature, characteristics and functioning of the Goods. If the returned Goods are incomplete, or bear traces of use, beyond normal management of the thing, the Store reserves the right to refuse to accept the shipment or reduce the amount returned by the equivalent of the damaged goods, at the choice of the Store.
- The right of the Consumer or the Entrepreneur on the rights of the consumer to withdraw from the contract shall not be entitled if the subject of the Order, inter alia, is the thing:
- non-refabricated, manufactured to customer specification or used to meet his individual needs;
- which after delivery, due to its nature, are inseparable from other things.
- Returned goods should be sent back within 14 days of withdrawal from the contract together with a statement of withdrawal to the address of the Store's warehouse, i.e., 39/41 Listonoszy Street, 04-431 Warsaw. A Consumer or an Entrepreneur With Consumer Rights incur only direct costs of returning the Product to the Store (return costs).
- In the case of cancellation of the contract, all payments made by the Consumer or Entrepreneur with rights of the consumer, including delivery costs, will be transferred to the Consumer or Entrepreneur with rights of the consumer immediately, but no later than within 14 days from the date of receipt by the Store of the notice of withdrawal.
- Reimbursement of payments made by credit card or electronic transfer is made to a bank account from which the payment was made, unless the Customer clearly makes before the return of other instructions for reimbursement not generating additional costs for him (e.g. in the statement of withdrawal).
- Store may withhold the reimbursement of payments received from the Buyer until receipt of ordered goods back from the Buyer or delivery by the Buyer of proof of its return, depending on which event occurs first.
§ 8 PERSONAL DATA PROTECTION
§ 9 FINAL PROVISIONS
- For each product sold by the Store is issued a VAT invoice or other settlement document in accordance with applicable tax laws. VAT invoice is delivered electronically to the e-mail address provided by the Customer or in traditional form together with the delivery of goods. Acceptance of the Terms and Conditions also constitutes consent to send invoices in electronic form..
- The governing law is Polish law. Disputes arising between the Customer and the Seller will be resolved by the competent court for the registered office of the Seller, with the proviso that in relation to consumers, these disputes will be considered by the competent court in accordance with the provisions of civil procedure..
- Seller reserves the right to change the Terms and Conditions. The Seller will inform registered Customers about amendments to the Terms and Conditions by e-mail with the right to terminate the agreement within 14 days. Amendments to the Terms and Conditions become effective 14 days after the notice. Orders placed before the date of entry into force of changes to these Regulations are implemented on the basis of the provisions in force on the date of order.
Attachment no. 1
MODEL WITHDRAWAL FORM
Name, address, phone number
AURORA MICHAŁ OSTASZEWSKI
39/41 Listonoszy Street
04-431 Warsaw, Poland
I..................................... hereby withdraw from the sales agreement for the following products:
I confirm that I am returning the products in accordance with the Consumer Rights Act of 30.05.2014.
The agreement applies to order no. ...................................................
Date of receipt of goods…....................................................................
Bank account number (to which payment will be refunded):
Signature of the Consumer or Entrepreneur With Consumer Rights