The conclusion of a contract between the Buyer and the Seller may occur in two ways.
The Buyer has the right to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following regulations, before placing an order. These negotiations should be conducted in writing and sent to the address of the Seller (Cool Mama Sp. z o.o., Jaracza 3/38, 00-378 Warszawa).
If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and applicable legal provisions shall apply.
ONLINE STORE REGULATIONS WWW.COOLMAMA.PL
- Postal address – name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of town not divided into streets: name of the town and property number), postal code and town.
- Complaint address: Cool Mama Sp. z o. o., Jaracza 3/38, 00-378 Warsaw
- Delivery price list – located at https://coolmama.pl/en/delivery-and-payment/ list of available types of delivery and their costs.
- Contact details:
Cool Mama Sp. z o. o.
phone: +48 604 222 564
- Delivery – the type of transport service along with the carrier and cost listed in the delivery price list available at https://coolmama.pl/en/delivery-and-payment/
- Proof of purchase – an invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other relevant legal provisions.
- Product card – a single subpage of the store containing information about a single product.
- Customer– an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a contract with Seller‘s purchase directly related to its business or professional activity.
- Civil Code – Civil Code Act of April 23, 1964, as amended.
- Code of good practice – a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
- Consumer – an adult natural person with full legal capacity, making a purchase from the Seller that is not directly related to its business or professional activity.
- Cart– a list of products prepared from the store products based on the Buyer’s choices.
- Buyer – both Consumer and Customer.
- Place of delivery of the goods – postal address or collection point indicated in the order by the Buyer.
- The moment of delivery of the item– the moment when the Buyer or a third party indicated by him to collect the item takes possession of the item.
- ODR online platform– EU website operating on the basis of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online system resolution of consumer disputes and amendments to Regulation (EC) No. 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr
- Payment – method of payment for the subject of the contract and delivery listed at https://coolmama.pl/en/delivery-and-payment/
- Authorized entity – an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
- Consumer law – Consumer Rights Act of May 30, 2014.
- Product – the minimum and indivisible quantity of thing that may be the subject of an order, and which is specified in Seller’s store as a unit of measurement when determining its price (price/unit).
- Subject matter of the contract – products and delivery that are the subject of the contract.
- Subject of performance –subject of the contract.
- Collection point – place of delivery of items other than the postal address, listed in the list provided by the Seller in the store .
- UOKiK Register –register of authorized entities maintained by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of September 23, 2016 year, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
- Item – a movable item that may be or is the subject of a contract.
- Shop– website available at coolmama.pl, through which the Buyer can place order.
Cool Mama Sp. z o. o.
NIP: 5252951200, REGON: 524910647
registered and visible in the National Court Register under the KRS number 0001027639.
BANK ACCOUNT: 02 1050 1012 1000 0090 8225 8493
- System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using an end device appropriate for a given type of network, commonly referred to as the Internet.
- Deadline – number of hours or working days given on the product card.
- Contract– a contract concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of May 30, 2014 in the case of Consumers and sales contract within the meaning of Art. 535 of the Civil Code of April 23, 1964 in the case of Buyers.
- Defect – both a physical defect and a legal defect.
- Physical defect – inconsistency of the sold item with the contract, in particular if the item:
- it does not have the properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
- does not have properties about the existence of which the Seller has assured the Consumer,
- is not suitable for a purpose about which the Consumer notified the Seller when concluding the contract and the Seller did not notify reservations as to its intended use;
- was delivered to the consumer in an incomplete condition;
- in the event of incorrect installation and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
- it does not have the properties guaranteed by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity and the person who, by placing his name, trademark or other distinctive mark is presented as the manufacturer, unless the Seller did not know these assurances or, judging reasonably, could not have known them, or they could not have influenced the Consumer‘s decision to conclude contract, or when their content was corrected before concluding the contract.
- Legal defect – a situation when the sold item is the property of a third party or is encumbered with the rights of a third party, and if the limitation in the use or disposal of the item results from a decision or judgment competent authority.
- Order – declaration of will of the Buyer submitted via the store clearly specifying: type and quantity of products; type of delivery; type of payment; place of delivery of the goods, data of the Buyer and leading directly to concluding an agreement between the Buyer and the Seller.
§2 General Terms
- The Agreement is concluded in Polish, in accordance with Polish law and these regulations.
- The place of delivery of the goods must be in the territory of the Republic of Poland.
- The Seller is obliged and undertakes to provide services and deliver items free from defects.
- All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). The prices of products do not include the cost of delivery, which is specified in the delivery price list.
- All deadlines are calculated in accordance with Art. 111 of the Civil Code, i.e. a period specified in days ends on the expiry of the last day, and if the beginning of a period specified in days is a certain event, the day on which the event occurred is not taken into account when calculating the period.
- Confirmation, disclosure, recording and securing of all material provisions of the contract in order to gain access to this information in the future takes place in the form of:
- order confirmation by sending to the indicated e-mail address: order, pro forma invoice, information on the right to withdraw from the contract, these regulations in a pdf version, model withdrawal form from the contract in PDF version, links to independently download the regulations and the withdrawal form;
- attaching to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information about the law withdrawal from the contract, these regulations, sample withdrawal form.
- The Seller informs about known guarantees granted by third parties for the products available in the store.
- The Seller does not charge any fees for communicating with him using means of distance communication, and the Buyer will bear its costs in the amount specified in the contract concluded with a third party providing him with a specific service enabling distance communication.
- The Seller ensures that the Buyer using the system proper operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the coolmama.pl store, they must be used turn them all off.
- Buyer may choose to have his/her data remembered by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access their account. The login and password are a sequence of characters set by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The Buyer has the opportunity to view, correct, update data and delete the account in the store at any time.
- The Seller complies with the code of good practice.
- The buyer is obliged to:
- not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
- using the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not taking actions such as: sending or placing unsolicited commercial information in the store (spam),
- using the store in a way that is not inconvenient for other Buyers and the Seller,
- use all content posted in the store only for your own personal use,
- using the 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 regulations, as well as the general principles of netiquette.
§3 Conclusion of the contract and implementation
- Orders can be placed 24 hours a day.
- In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:a. adding a product to the cart;
b. selection of the type of delivery;
c. selection of payment type;
Available payment types:
–transfer ING Bank Śląski S.A., account number:02 1050 1012 1000 0090 8225 8493
–electronic payment system. The entity providing online payment services is PayU S.A.
– cash on delivery
d. choosing the place of handing over the items;
e. placing an order in the store by using the “ I order and pay” button.
- The conclusion of the contract with the Consumer takes place at the moment of placing the order.
- Consumer order paid for cash on delivery are processed immediately, and orders paid by transfer or via an electronic payment system after the Consumer‘s payment has been credited to the Seller‘s account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the benefit due to no fault of his own and informed the Seller about it.
- Conclusion of the contract with the Customer takes place upon acceptance of the order by the Seller, about which he informs the Customer within 48 hours of placing the order.
- Execution of the Customer’s cash on delivery order takes place immediately after concluding the agreement, and the order paid by transfer or via the electronic payment system after concluding the agreement and posting the Customer‘s payment on the Seller‘s account or obtaining positive payment authorization (for card payments and via electronic payments).
- Execution of the order by the Customer may depend on payment of all or part of the order value or obtaining a trade credit limit at least the value of the order or the Seller‘s consent to send the order cash on delivery (paid on delivery).
- The subject of the contract is shipped within the time specified on the product card, and for orders composed of many products in the longest term of those specified on the cards of the products. The period begins upon the execution of the order.
- The purchased subject of the contract, together with the sales document selected by the Buyer, is sent by the type of selected by the Buyer delivery to the place of delivery of the items indicated by the Buyer in the order, together with the attached attachments referred to in §2 point 6b.
§4 Right to withdraw from the contract
- Consumer is entitled pursuant to Art. 27 Consumer Law the right to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 Consumer Law
- The deadline for withdrawal from a distance contract is 14 days from the time of delivery of the goods, and to meet the deadline it is enough to send a statement before its expiry.
- A declaration of withdrawal from the contract may be submitted by the Consumer on the form, the template of which is attached as Annex No. 2 to Consumer Law, on the form available at https://coolmama.pl/en/exchanges-and-returns/ or in another form consistent with Consumer Law .
- The Seller will immediately confirm the Consumer‘s e-mail address (provided when concluding the contract and other if provided in submitted declaration) receipt of a declaration of withdrawal from the contract.
- In the event of withdrawal from the contract, the contract is considered null and void.
- The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
- The Consumer sends back 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 performance before the deadline to withdraw from the contract or has not been 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 responsible 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 establish the nature, characteristics and functioning of the item.
- The Seller will immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by theConsumer, return theConsumer all payments made by him, including the costs of delivering the Consumer items, and if the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, The Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
- The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to another method of payment, which does not involve any costs for him.
- The Seller may withhold the refund of the payment received from the Consumer until the item is received back or delivered by the Consumer proof of its return, whichever 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 to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or intended 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 due to health protection or hygiene reasons, if the package was opened after delivery;
- in which the subject of the provision is 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 provision of the service began with the express consent of the Consumer before the deadline for withdrawal from the contract and after informing him/her by the entrepreneur about the loss of the right to withdraw from the contract;
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract.
If there is a need to refund funds for a transaction made by the customer with a payment card, the seller will make the refund to the bank account assigned to the Ordering Party’s payment card.
14. The provisions contained in these §4 Regulations regarding the consumer shall apply in accordance with Art. 38a of the Act on Consumer Rights from January 1, 2021 and for contracts concluded from that date, also to the Buyer who is a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it does not have any character for this person professional, resulting in particular from the subject of her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
- 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 principles specified in Art. 556of the Civil Codeand subsequent ones for defects (warranty).
- In the case of a contract with a consumer, if a physical defect is detected within one year from the moment of delivery of the item, it is accepted that it existed at the moment the danger passed to the Consumer.
- The consumer, if the sold item has a defect, may:
- submit a declaration requesting a price reduction;
- submit a declaration of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect, he is not entitled to replace the item or remove the defect.
- Consumer may, instead of removing the defect proposed by the Seller, demand replacement of the item with a defect-free one or instead of replacing the item, request 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, while the value of the free item is taken into account when assessing the excessive costs from defects, the type and significance of the detected defect, and the inconvenience to which the Consumer would be exposed to by another method of satisfaction is taken into account.
- The consumer cannot withdraw from the contract if the defect is insignificant.
- Consumer, if the sold item has a defect, he may also:
- demand replacement of the item with a defect-free one;
- demand 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 the Consumer.
- The Seller may refuse to satisfy the Consumer‘s request if it is impossible to bring the defective item into compliance with the contract in the manner chosen by the buyer or compared to the second possible means of achieving compliance with the contract would require excessive costs.
- If a defective item has been installed, the Consumer may request the Seller to dismantle and reinstall it after replacing it with a defect-free 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 defective item at the expense of the Seller 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 to the Seller in the place in which the thing is located. In the event of failure to fulfill the obligation by the Seller, the Consumer is entitled to return the item 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 withdrawing from the contract.
- The Seller will respond to the provisions based on Art.5615of the Civil Code within fourteen days: declarations requesting a price reduction, requesting the replacement of the item with a defect-free one, 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 detected within two years from the date of delivery of the item to theConsumer, and if the subject of the sale is a used item within one year from the date of delivery of the item to the Consumer.
- A Consumer‘s claim for removal of a defect or replacement of a sold item with a defect-free one expires after one year from the date of detection of the defect, but not earlier than two years from the moment of delivery of the item to the Consumer, and if the subject of sale is a used item before the expiry of one year, from the moment of delivery of the item to the Consumer.
- If the shelf life of the item specified by the Seller or the manufacturer ends after two years from the moment of handing over the item to the Consumer, The Seller is liable under the warranty for physical defects of the item found before the expiry of this period.
- Within the deadlines specified in §5 points 15-17, the 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 has requested the replacement of the item with a defect-free one or the removal of the defect, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins when the deadline for replacing the item or removing the defect expires ineffectively.
- In the event of an investigation before a court or arbitration court of one of the warranty rights, the time limit for exercising other rights of the Consumer in this respect is 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 points 15-16 shall apply to the exercise of rights under the warranty for legal defects of the sold item, except that the period starts from the date on which 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 may demand compensation for the damage he suffered as a result of concluding the 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 collecting, transporting, storing and insuring the items, as well as reimbursement of expenses incurred to this extent, in which he did not benefit from them and did not receive their return 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 the Seller deceitfully concealed the defect.
- The Seller, if it is obliged to provide or provide a financial benefit to the Consumer, will perform them without undue delay, no later than the deadline provided for by law
- The administrator of personal databases provided by Consumers to the store is the Seller.
- The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Act on the provision of electronic services of July 18, 2002. The Buyerby providing his/her personal data to the Seller when placing an order, consents to their processing by the Seller in order to process the placed order. The Buyer has the opportunity to view, correct, update and delete their personal data at any time.
§7 Final Provisions
- None of the provisions of these regulations are intended to violate the rights of the Buyer. It cannot also be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the regulations.
- Registered Buyers will be notified about changes to the regulations and their scope electronically (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations enter into force. Changes will be introduced in order to adapt the regulations to the applicable legal status.
- The current version of the regulations is always available to the Buyer in the regulations tab (https://coolmama.pl/en/regulations/). During the execution of the order and throughout the period of after-sales care, the Buyer will be bound by the regulations accepted by him when placing the order. Except for the situation when the Consumer finds it less favorable than the current one and informs the Seller about choosing the current one as binding.
- In matters not regulated by these regulations, the relevant legal provisions in force shall apply. Disputes, if the Consumer expresses such will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-judicial or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity among those in the register of the Office of Competition and Consumer Protection. The Seller declares its intention and consent to out-of-court resolution of the consumer dispute.
Ultimately, the matter is resolved by the court with local and material jurisdiction.