Cool Mama Warehouse address (for returns and exchanges):
Green Logistics Polska Sp. z o.o. – COOL MAMA
ul. Podleśna 30
From Terms and Conditions:
§4 Right to withdraw from the contract
- Pursuant to Article 27 of the Consumer Law, the consumer has the right to withdraw from a distance contract without giving any reason and without bearing the costs, except for the costs referred to in Article 33, Article 34 of the Consumer Law.
- The deadline for withdrawal from a distance contract is 14 days from the moment the item is handed over, and sending the declaration before the deadline is sufficient to meet the deadline.
- The Consumer may submit a declaration of withdrawal from the contract on the form, the template of which is attached as Annex No. 2 to the Consumer Law, on the form available at the top of the page, or in another form consistent with Consumer law.
- The Seller will immediately confirm the Consumer to the e-mail address (provided when concluding the contract and other if provided in the submitted declaration) receipt of a declaration of withdrawal from the contract.
- In case of withdrawal from the contract, the contract is considered null and void.
- Consumer is obliged to return the item to Seller immediately, but no later than 14 days from the date in which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
- The Consumer returns the items that are the subject of the contract from which he withdrew at his own expense.
- The Consumer does not bear the costs of providing digital content that is not recorded on a tangible medium if he or she has not consented to the provision of the service. before the deadline for withdrawal from the contract expires or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur did not provide confirmation in accordance with Art. 15 section 1 and art. 21 section 1. Consumer Law
- Consumer is liable for reducing the value of the item that is the subject of the contract and resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of things.
- Seller immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by The Consumer will refund all payments made by the Consumer, including the costs of delivering the goods to the Consumer, and if the Consumer has chosen a delivery method other than the cheapest the usual delivery method offered by the Seller, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of Consumer Law.
- The Seller refunds the payment using the same method of payment that Consumer used unless the Consumer has expressly agreed to another method of payment that does not involve any costs for him/her.
- The Seller may withhold the refund of the payment received from the Consumer until it receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
- Consumer pursuant to Article 38 of Consumer Law does not have the right to withdraw from the 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 for withdrawal from the contract expires;
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to meet his/her individual needs;
- in which the subject of the service is an item that deteriorates quickly or has 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 for health protection reasons or for hygiene reasons if the packaging has been opened after delivery;
- in which the subject of the service are things that, after delivery, due to their nature, are inseparably connected with other things;
- in which the subject of the service is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawal from the contract expires and after the entrepreneur informs him about the loss of the right to withdraw from the contract;
- for the delivery of daily newspapers, periodicals or magazines, with the exception of a subscription contract.
- Seller pursuant to Art. 558§1 of the Civil Code completely excludes liability towards Customers for physical and legal defects (warranty).
- The Seller is liable to the Consumer under the terms specified in Art. 556 of the Civil Code and subsequent ones for defects (warranty).
- In the case of a contract with a Consumer, if a physical defect was detected within one year from the moment of delivery of the item, it is assumed that it existed at the time of transfer of danger to the Consumer.
- Consumer if the sold item has a defect, may:
- submit a declaration requesting a price reduction;
- submit a declaration of withdrawal from the contract;
- Consumer may, instead of removing the defect proposed by the Seller, request replacement of the item with a defect-free one or instead of replacing the item, demand removal of the defect, 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, with when assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed to another method of satisfaction.
- Consumer cannot withdraw from the contract if defect is irrelevant.
- Consumer if the sold item has a defect, he may also:
- demand replacement of the item with a defect-free one;
- request removal of the defect.
- The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to Consumer.
- The Seller may refuse to satisfy the Consumer‘s request if bringing the defective item into compliance with the contract the method chosen by the buyer is impossible or would require excessive costs compared to the other possible method of achieving compliance with the contract.
- If the defective item has been installed, the Consumer may request the Seller to dismantle and reassembly after replacement with a defect-free one or removal of the defect, however, he is obliged to bear part of the related costs exceeding the price of the item sold or may demand that the Seller pay part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of failure to perform the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.
- The Consumer who exercises warranty rights is obliged to deliver the item at the expense of the Seller defective to the complaint address, and if due to the type of the item or the way it is installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available Seller in the place where the item is located. In the event of failure to fulfill the obligation by the Seller, the Consumer is entitled to return the items at the expense and risk of the Seller.
- The costs of replacement or repair are borne by the Seller, except for the situation described in point 10.
- The Seller is obliged to accept a defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawal from the contract.
- The Seller will respond to the provisions based on Art. 5615 of the Civil Code within fourteen days: declarations requesting a price reduction, requesting the replacement of the item with a defect-free item, requesting the removal of the defect. The Seller will respond within thirty days (Article 7a of Consumer Law) to any other Consumer‘s statement that does not apply to the one specified in the Code civil period of fourteen days.
- The Seller is liable under the warranty if a physical defect is found within two years from the date of issue things to the Consumer, and if the subject of sale is a used item before the expiry of one year from the date of delivery of the item to the Consumer.
- The Consumer‘s claim for removal of a defect or replacement of the sold item with a defect-free one expires after one year from the date of discovery defects, however, not earlier than within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, within one year from the date of delivery of the item Consumer.
- If the shelf life of the item specified by the Seller or the manufacturer ends after two years from the moment of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before the expiry of this period.
- On the dates specified in §5 point 15-17 Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the sold item, and if the Consumer requested the replacement of the item with a defect-free one or removal of the defect, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins upon the ineffective expiry of the deadline for replacing the item or removing the defect.
- In the event of an investigation before a court or arbitration court of one of the rights under the warranty, the deadline for exercising other rights to which the Consumer is entitled under this title shall be suspended until the final conclusion of the proceedings. It also applies accordingly to mediation proceedings, however, the deadline for exercising other warranty rights of the Consumer begins to run from the date of the court’s refusal to approve the settlement concluded before the mediator or ineffective termination of the mediation.
- §5 points15-16, applies to the exercise of rights under the warranty for legal defects of the sold item except that the period starts from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of an action brought by a third party – from the date on which the judgment issued in the dispute with the third party became final.
- If, due to a defect in the item, the Consumer has submitted a declaration of withdrawal from the contract or price reduction, he or she may demand compensation for the damage which suffered by concluding a contract without knowing about the existence of a defect, even if the damage resulted from circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collection, transport, storage and insurance of goods, reimbursement of expenses made to the extent that he did not benefit from them and did not receive their reimbursement from a third party, and reimbursement of the costs of the proceedings. This does not prejudice the provisions on the obligation to compensate damage on general principles.
- The expiry of any deadline for identifying a defect does not exclude the exercise of warranty rights if theSellerdeceitfully concealed the defect.
- The Seller, if it is obliged to provide or provide financial services to the Consumer, will perform them without undue delay, no later than the deadline provided for by law.