TERMS AND CONDITIONS OF KOKOLU ONLINE SHOP effective from 01.08.2017
Whenever these Terms and Conditions refer to:
the Seller, meaning KOKOLU Tomasz Klimowicz with its registered office in Gdańsk – Poland, holding NIP (tax identification) number NIP 764-226-97-24 and REGON (National Business Registry) number 381382058, which for the purpose of contacts with Consumers uses the following e-mail address: firstname.lastname@example.org and the following telephone number: +48 531 850 230.
the Shop, meaning an online shop operated by the Seller at www.kokolu.pl,
the Goods, meaning the clothing offered by the Seller in the Shop,
the Buyer, meaning a natural person, a legal person or an organizational entity with legal personality under the Polish Civil Code,
the Consumer, meaning a Buyer being a natural person who performs a legal transaction not directly related to its business or professional activity.
The Terms and Conditions define the rules under which the Seller sells Goods to the Buyer through the Shop.
Submission and acceptance of orders
- The Buyer places an order by selecting one or more items of the Goods offered in the Shop.
- The order is considered as placed if the order form contains all the data necessary for the correct identification of the Buyer, including, in particular, the Buyer’s full name, delivery address, contact telephone number and e-mail address.
- Each order that has been placed correctly is assigned a unique code for identification of both – the order and the Buyer.
- If an order cannot be fulfilled within the time frame specified in the Terms and Conditions due to lack of the ordered Goods or of the insufficient quantity of the ordered Goods, the Seller shall notify the Buyer immediately of this fact by telephone or by electronic mail and shall propose a different time frame for the fulfilment of the order. The Buyer shall have the right not to accept the new time frame for the fulfilment of the order. In such case, neither party shall make any claims against each other for non-fulfilment of the order.
- If the ordered Goods are not available, the Seller shall notify the Buyer of this fact by telephone or by e-mail. In such case, neither party shall make any claims against each other for non-fulfilment of the order.
- The Buyer shall have the right to cancel an order that has been placed correctly within 3 hours from the time of placing the order, by sending a relevant order cancellation statement by e-mail to the Seller’s e-mail address email@example.com or by fax at
Fulfilment of orders
- Orders for the Goods shall be fulfilled within 2 (two) business days from the time the Seller provided the Buyer with an order confirmation.
- The above-mentioned time limit for the delivery shall not include the day on which the Seller provided the Buyer with the order confirmation.
- Orders accepted by the Seller for fulfilment in the first two business days of each calendar month shall be fulfilled within the time frame set out in paragraph 1, which shall start after aforementioned first two days.
- For reasons beyond the Seller’s control, the time frame for the fulfilment of orders, as specified in paragraph 1, may be extended. The Seller shall inform the Buyer of the reason for extending the time fram for the fulfilment of the order and specify an indicative new time frame.
- For reasons beyond the Seller’s control, the time frame for the fulfilment of orders, as specified in paragraph 1, may be extended. The Seller shall inform the Buyer of the reason for extending the time frame for the fulfilment of the order and specify an indicative new time frame.
Terms and conditions of delivery of orders
- The Seller shall deliver the ordered Goods in the manner indicated by the Buyer in the form.
- The Seller shall send the ordered Goods after receiving the payment of the selling price and shipment fee on the Seller’s bank account.
- If the Buyer marked the item “Courier” in the order form as the delivery method, the Goods ordered are delivered through a third party courier service provider and in this case the indicative time limit for the delivery will be 2 (two) business days from the date when the courier service provider received the order (in Poland).
- If the Buyer’s registered office or place of residence is located outside Poland, the Seller shall, upon order confirmation, notify the Buyer about the fees for the delivery of the ordered Goods, and shall provide the Buyer with a pro forma invoice on the basis of which the Buyer shall pay the price for the delivery. Upon receiving the amounts due, the Seller shall deliver ordered Goods to the Buyer in a manner indicated in the order, provided that the time frame for the delivery of the Goods, as provided for in paragraph 2, may be extended by no more than 7 days compared to the initial time limits.
- The time limits for delivery of the ordered Goods, as specified in paragraphs 2 – 3, are indicative. The Seller is not liable to the Buyer for any delay in the delivery of the ordered Goods if the delay occurred due to reasons attributed to the third party courier service provider.
The prices and fees for the delivery of ordered Goods
- The Seller declares that the selling price of individual Goods applied to the Buyer is the price shown in the Shop at the time of placing the order by the Buyer. These prices include value-added tax at the rate applicable at the time of the fulfilment of the order.
- In cases described in § 5(2)-(3) the delivery fees of ordered Goods shall be covered by the following parties:
- The Buyer in the amount of 15 PLN gross to the third party courier delivery service provider.
- The Seller if the total value of ordered goods exceeds 300 PLN gross.
- For shipments abroad, the fees shall be covered by the Buyer (postal collection order) at the applicable rate in accordance with the DPD price list.
The methods of payment of the price for the Goods or Services and fees for the delivery of ordered Goods
- The following methods of payment are used in the Shop:
- payments via online banking – the settlement of transactions by a credit card or e-transfer is carried out through PAYPAL;
- prepayments – a pro-forma invoice showing the Seller’s bank account number is sent to the e-mail address provided by the Buyer. The fulfilment of the order starts after the payment is made and posted by the Seller.
- The fees for the delivery of ordered Goods, as set out in § 6(2), shall be made by the Buyer at the time of placing the order for the Goods.
The place and manner of making complaints
- The Buyer shall make a complaint within 7 (seven) business days from the date on which the ordered Goods were delivered or were to be delivered:
- if the Goods delivered have defects – by e-mail on weekdays from 8 am to 4 pm at firstname.lastname@example.org lub or by post to the following address: ul. Jaśminowy Stok 93a, 80-177 Gdańsk
- if there is a delay in the fulfilment or delivery of the order – by e-mail on weekdays from 8 am to 4 pm at email@example.com
- if the invoices provided contain incorrect details – by e-mail on weekdays from 8 am to 4 pm at firstname.lastname@example.org
- The complaint should state the reason for its submission, the measures the Buyer expects the Seller to take and the bank account number to which the Seller will refund the price of the Goods if the complaint is accepted.
- The Seller shall consider only written complaints (sent by post or e-mail) within 14 days from the date of their submission by the Buyer. The template of the complaint form on which a complaint may be submitted is attached to these Terms and Conditions and may be found at www.kokolu.pl
- If the Seller accepts the complaint about the defects in the delivered Goods, the Buyer is required to return the defective Good to the Seller’s address. If this is the case, the Seller shall provide the Buyer with new non-defective Goods in accordance with the rules set out in these Terms and Conditions. If it is not possible to deliver non-defective Goods, the Seller shall refund to the Buyer the price paid by the Buyer.
Provisions applicable to Consumers
- Unless otherwise stipulated in these Terms and Conditions, the following provisions shall apply only to Buyers who are Consumers. For matters not regulated in these Terms and Conditions, the provisions of the Consumer Rights Act of 30 May 2014 (Dz. U. of 2014, item 827), hereinafter referred to as “the Act”, shall apply to agreements concluded between the Seller and the Consumer.
- Subject to paragraph 10, the Consumer shall have the right to withdraw from the contract within 14 days without stating any reason. The period of withdrawal from the contract shall begin:
- for contracts performed by the issue of Goods by the Seller, who is required to transfer the ownership of the Goods – from the time of taking the Goods in possession by the Consumer or a third party other than the carrier, as designated by the Consumer, and in the case of a contract which:
- covers many Goods which are delivered separately, in batches or in portions – from the time of taking possession of last Goods, of the last batch or portion,
- consists in the regular delivery of the Goods over a specified period of time – from the time of taking possession of first Goods;
- for other contracts – from the date of concluding the contract.
- The Consumer may withdraw from the contract by submitting a statement of withdrawal from the contract to the Seller. The statement may be submitted on the form of the template that is attached as Appendix No 1 to these Terms and Conditions and sent following its completion to the e-mail address email@example.com or to the postal address ul.Pułaskiego 13/17 a4, 80-520 Gdańsk, Poland. The time limit is considered as valid if the statement is sent before its expiry.
- The Seller is required to send immediately to the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the contract submitted in the manner referred to in paragraph 3.
- The Seller shall immediately, however not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, refund all payments made by the Consumer, including the costs of delivery of the Goods. The Seller shall refund payments using the same method of payment as used by the Consumer unless the Consumer has expressly consented to a different method of refund which does not involve any costs for the Consumer.
- If the Seller did not suggest that it would collect the item from the Consumer by itself, the Seller might postpone the refund of the payments received from the Consumer until the earlier of the receipt of the Goods or the provision, by the Consumer, of a proof of returning the Goods.
- If the Consumer selected a method of delivery of Goods other than the cheapest normal method of delivery offered by the Seller, the Seller is not required to refund additional costs incurred by the Consumer.
- Immediately, however not later than within 14 days from the date on which the Consumer withdrew from the contract, the Consumer is required to return the Goods to the Seller or to issue the Goods to a person authorized by the Seller to collect the Goods. The time limit is considered observed if the Goods are sent back before its expiry. The Consumer shall only bear the direct cost of returning the Goods.
- The Consumer shall be liable for the decrease in the value of the Goods as a result of their use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- If the Goods have physical or legal defects, the Consumer shall have the right to submit a complaint within 2 (two) years from the date of issue of the Goods, in accordance with the Polish civil law.
- The complaint form should include a description of the defect and should be accompanied by a document confirming the purchase of the Goods included in the complaing in the Shop (a copy of the invoice, receipt, a confirmation of the transfer from a bank account, etc.). The complaint may be sent by e-mail to the following address: firstname.lastname@example.org or to the postal address ul. Pułaskiego 13/17 a4, 80-520 Gdańsk, Poland, with a note „Complaint”.
- The Seller shall take a position to the Consumer’s complaint within 14 (fourteen) calendar days and notify the Consumer about further steps.
- If the complaint is accepted, the Seller shall replace the Goods complained about with Goods without defects or, if the replacement is not possible, the Seller shall refund the cash received for the Goods complained about, including the costs of returning the Goods complained about, within 14 days from the date of examining the complaint.
- After accepting the complaint, the Seller shall send the Goods without defects at its own expense to the address provided by the Consumer.
- The Consumer shall have the right to use the out-of-court method of investigating the complaint and to pursue claims before the Permanent Consumer Arbitration Court [Stały Polubowny Sąd Konsumencki] at the Provincial Inspector of Trade Inspection in Gdańsk [Wojewódzki Inspektor Inspekcji Handlowej w Gdańsku]. Information on how to access the above-mentioned procedure and dispute resolution procedures is available at the following address: www.uokik.gov.pl, in the section “Rozstrzyganie sporów konsumenckich” [Settlement of consumer disputes]. The Consumer may also submit his or her complaint via the EU ODR (Online Dispute Resolution) platform, available at http://ec.europa.eu/consumers/odr/
- Any disputes arising from contracts concluded under these Terms and Conditions between the Seller and the Buyers who are not Consumers shall be settled by common courts of law having jurisdiction over the registered office of the Seller.
- These Terms and Conditions are available in electronic version at the Shop’s website.
- By placing an order the buyer is obliged to read the contents of these Terms and Conditions. Sale agreement comes into effect, provided that the buyer declares that he/she accepts its contents.
Entry into force of the Terms and Conditions
These Terms and Conditions enter into force on 01.08.2017