Regulations

THE TERMS AND CONDITIONS OF THE SHOP ''KOCYKOWO.PL''
§1.
These Terms and Conditions are an integral part of all sales agreements entered into by Shop with Consumers or Entrepreneurs via the website www.kocykowo.pl or through the contact of the Consumer or Entrepreneur with the Shop via other means of communication such as traditional correspondence, e-mail or telephone.
USED PHRASES
§2.
1. SHOP - Online shop ''Kocykowo.pl'' functioning at the Internet address www.kocykowo.pl, run by Pawel Cierpikowski in the framework of economic activity entered into the Central Register and Information on Economic Activity under the name P.P.H.U. „Gigant”, based in Konstantynow Lodzki (95-050) in C. K. Norwida Street 16. Details of the Store:
a. NIP: 727-116-68-45;
b. REGON: 472409717;
c. Account Number (PLN payments): PKO BP S. A. 60 1020 3437 0000 1002 0075 2857
    Account Number (EUR payments): SPARKASSE  DE18 1705 6060 0101 0190 50
2. CONSUMER - A natural person making a purchase at the Shop without having a direct connection with his / her economic or professional activity.
3. ENTREPRENEUR - A natural person, legal entity or an organizational unit which is not a legal entity, whose law grants legal capacity, making a purchase in the Shop in connection with economic or professional activity.
4. GOODS - Movable item available in the Shop, which is the subject of an Order submitted by a Consumer or Entrepreneur.
5. PERSONALIZED GOODS - A special kind of Goods manufactured by the Shop according to the specifications of the Personalized Goods given by the Consumer or Entrepreneur or having features specifically specified by the Consumer or the Entrepreneur at the stage of submitting the Order. The limits of the specifications or special characteristics if the Personalized Goods, binding the Customer or the Entrepreneur are determined by the Shop on the Personalized Goods Card indicated in the Shop each time.
6. ORDER - Sales contract concluded between the Shop and the Consumer or Entrepreneur through the Shop or the contact of the Consumer or Entrepreneur with the Shop via other means of communication such as traditional correspondence, e-mail or telephone. The contract is binding on the parties from the moment of confirmation of the acceptance of the Order by the Shop.
7. THE ORDER PROCESSING TIME - Estimated, approximate time between confirmation acceptance of the Order by the Shop and its dispatch to the Consumer or Entrepreneur. At this time, the Shop completes the subject of the Order and delivers it to the carrier who performs the delivery form chosen by the Consumer or Entrepreneur.
8. DELIVERY TIME - Estimated, approximate time from The Order Processing Time until delivery of the object of the Order to the Consumer or Entrepreneur by the carrier who performs the delivery form chosen by the Consumer or Entrepreneur.
9. WORK DAY - One calendar day, from Monday to Friday, excluding public holidays.
10. BANK TRANSFER - Payment made by a Consumer or Entrepreneur via a bank from a bank account of a Consumer or Entrepreneur or by post to a bank account of a Shop listed in §2, Article 1, letter c. in the Terms and Conditions.
11. ELECTRONIC PAYMENT - Payment made by the Consumer or Entrepreneur via online payment systems, including payment by card.
12. PAYMENT ON DELIVERY - Payment made by the Consumer or Entrepreneur during the delivery of the Order to the carrier who performs the delivery form chosen by the Consumer or Entrepreneur. Payment on delivery is not available when ordering outside the territory of the Republic of Poland.
ORDERS
§3.
1. Prices in the Shop are gross (including VAT) and do not include shipping costs.
2. Prices of Goods in the Shop on the Goods Card are binding on the Shop and on the Consumer or Entrepreneur at the time of placing the Order.
3. The Shop reserves the right to carry out promotional campaigns and, subject to paragraph 2, canceling them without informing the Consumer or Entrepreneur.
§4.
It is necessary to have an active email account to place an Order in the Shop.
§5.
1. Orders are accepted by the Shop 7 days a week, 24 hours a day.
2. The Consumer or Entrepreneur placing the Order in the Shop (as described in §1 of the Regulations) accepts these Shop Terms and Conditions available on the Shop website.
3. Effective placing of the Order through the Shop website requires correct and complete filling of the Order Form on the Shop website, including:
a. Type and quantity of ordered Goods;
b. Specification of Goods, if ordered Personalized Goods;
c. The form of payment for ordered Goods;
d. Delivery method and shipping address
4. By placing an Order differently than through the website of the Shop, the Consumer or Entrepreneur should clearly enter the data referred to in paragraph 3 points a-d and enter email account address. The order placed in the manner described in the preceding sentence can not be paid by electronic payment.
5. The Shop will send a confirmation of the acceptance of the Order referred to in paragraph 3-4 via e-mail to the Consumer or Entrepreneur. From the moment of confirming the acceptance of the Order by the Shop, the contract of sale of the Goods specified in the Order between the Shop and the Consumer or Entrepreneur is concluded.
6. The Shop has the right to ask the Consumer or Entrepreneur to request additional confirmation of the Order placed, among others, in the case specified in paragraph 4 or any doubts regarding to the content of the Order.
7. The shop has the right to suspend execution of the Order placed in case of doubt about the content of the Order or the lack of confirmation referred to in paragraph 6.
§6.
1. The Consumer or Entrepreneur by placing an Order through the Shop website may choose between three payment methods:
a. Payment on delivery (This option is not available when ordering outside the territory of the Republic of Poland);
b. Bank transfer;
c. Electronic payment;
2. Payment on delivery is not possible when ordering Personalized Goods.
§7.
1. When ''Payment on delivery'' is selected, the Order Processing Time is approximately 1 (one) to 3 (three) working days from the date of confirmation of the acceptance of the Order by the Shop.
2. When ''Bank transfer'' is selected, the Order Processing Time is approximately 1 (one) to 3 (three) working days from posting the payment for the Order in the bank account of the Shop.
3. When ''Electronic payment'' is selected, the Order Processing Time is approximately 1 (one) to 3 (three) working days from posting the payment for the Order in the account of the online payment system of the Shop.
4. The Order processing time described in paragraphs 1-3 may be extended due to circumstances in which the Shop is not affected or due to the size of the Order placed. In such a situation, the Shop will ask the Consumer or Entrepreneur to inform about the expected Order Processing Time and request for additional confirmation of the Order and Delivery Time by e-mail.
§8.
1. The Shop enables to place Goods and Personalized Goods in decorative gift boxes at an additional cost.
2. Kinds, designs and prices of gift packages are placed on the Shop website and offered while the Consumer or Entrepreneur makes an Order.
DELIVERY
§9.
1. The delivery costs of the Orders in Poland and abroad are given on the Shop website and include the type of delivery, estimated delivery time and countries to which the shipment can be made.
2. Where there is no indication of the possibility of sending Order to the destination indicated by the Consumer or Entrepreneur on the Shop's website, the Consumer or Entrepreneur can request the Shop to individually determine (by the Shop with a courier) the cost and Time of such delivery by e-mail sent to: kontakt@kocykowo.pl
3. The Shop is not responsible for exceeding  the Delivery Time by the courier or postal service.
4. Personal picking Orders at the Shop are free and available from 8:00 am to 3:00 pm on working days, by prior arrangement.
§10.
Consumer or Entrepreneur receiving the Order should check the condition of the shipment and report to the carrier the destruction or violation of the Goods. The damages protocol sent to the Shop along with the complaint will allow faster consideration.
§11.
1. An Order consisting of several Goods will be shipped in one consignments if permitted by the maximum weight and dimensions of a single consignments reserved by a courier or postal services.
2. The Consumer or Entrepreneur may agree with the Shop to send the Order in several consignments at the stage of placing the Order. In such a situation, the Shop will inform the Consumer or Entrepreneur about the cost of sending the Order in several consignments and call the Consumer or Entrepreneur to cover shipping costs prior to execution of the Order.
3. In order to improve Order execution, the Shop may send an Order in more than one consignment after prior notification of such possibility to the Consumer or Entrepreneur and after obtaining consent. In such a situation, the second sentence of paragraph 2 shall apply accordingly.
RETURNS AND COMPLAINTS
§12.
1. According to Art. 27 of the Consumer Rights Act of 30.05.2014, the Consumer who has entered into a distance agreement can withdraw from it without giving a reason and without incurring costs within 14 days, subject to art. 33, art. 34 of Act 2 and art. 35 of the aforementioned Act.
2. Withdrawal defined in Act 1 may be submitted in writing to the address „P.P.H.U. „Gigant”, C. K. Norwida Street 16, 95-050 Konstantynow Lodzki” or in the form of e-mail sent to kontakt@kocykowo.pl
3. The model for the declaration of withdrawal is located here.
4. The shop will confirm receipt of the Consumer's statement of withdrawal from the contract by electronic mail sent to the Consumer to the electronic address used to set up the Shop account or when submitting the Order in the manner referred to in §5 Act 4.
5. The 14 day period during which the Consumer can withdraw from the contract starts from the day of delivery of the Goods to the delivery address indicated by the Consumer when placing the Order
6. The consumer is obliged to return the Goods to the Shop immediately, not later than within 14 days of the date of the withdrawal notice to the delivery address indicated by the Consumer when placing the Order. The Consumer can return the Goods at the time specified in the first sentence by handing it to a person authorized by the Shop, upon receipt of the  prior written consent of the Shop indicating the person authorized to receive the Goods. The consent of the Store referred to in the second sentence can be expressed by e-mail. The Shop does not accept collect shipments sent back by the Consumer.
7. The consumer is responsible for reducing the value of the Goods as a result of using the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
8. The Shop will immediately return the payment for Goods made by the Consumer. However the Shop has not offered to collect the Goods from the Consumer, the Shop can suspend the return of payments received from the Consumer until the Goods have been returned or the Consumer returns to the Shop a proof of return, depending on which event occurs earlier.
9. Principles of repayment of receivables to the Consumer for the method of delivery of the ordered Goods in case of withdrawal from the distance contract concluded by the Consumer:
a. When the Consumer has withdrawn from the Order in whole, the Shop will immediately return (for the Consumer) the charge for the delivery of the ordered Goods along with the return of the payment referred to in Act 8, but with the reservation that refundable is only the fee for the cheapest possible delivery in the Shop;
b. When the Consumer has withdrawn from the Order in part and the payment for the delivery  of the ordered Goods was not dependent on the amount of Goods shipped in the consignment, the Shop will not refund the charges for delivery of the ordered Goods to the Consumer;
c. When the Consumer has withdrawn from the Order in part and the payment for the delivery  of the ordered Goods was dependent on the amount of Goods shipped in the consignment or when the Goods were shipped in several consignments, the Shop will return (for the Consumer) the appropriate part of the payment for the cheapest possible delivery in the Shop or the fee for the cheapest possible delivery in the Shop of one of several consignments, subject to paragraph b.
§13.
Right of withdrawal from a distance contract, based on art. 38 of the Consumer Rights Act of 30.05.2014, is not entitled to the Consumer in case of:
a. Personalized Good which is nonprefabricated, manufactured according to the Consumer's specifications or serving to meet its individual needs;
b. The Goods which are delivered in a sealed package which can not be returned for health or hygiene reasons after opening the package if the packaging has been opened after delivery;
c. The Goods, which upon delivery are inseparably linked to other items by their nature;
d. The Good which contains sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
e. Goods which are a journal, periodical or magazine, except for the conclusion of a subscriber contract.
§14.
1. Warranty liability covers defects in the Goods or incompatibility with the Order placed during the Order processing time.
2. A statement of exercise of the warranty rights can be submitted in writing to P.P.H.U. „Gigant”, C. K. Norwida Street 16, (95-050) Konstantynow Lodzki or in the form of an              e-mail sent to kontakt@kocykowo.pl and should contain:
a. Order numer;
b. Indication of the Goods;
c. Description of the defect of the Goods.
3. The Shop will confirm receipt of a statement made by the Consumer or Entrepreneur via e-mail sent to the Consumer to the electronic address used to set up the Shop account or when submitting the Order in the manner referred to in §5 Act 4.
4. The Consumer or Entrepreneur should return on their own expense the Goods to the Shop together with the proof of purchase enclosed and a copy of the claim for the use of warranty rights. The Consumer or Entrepreneur claims processing will begin no earlier than on the day the Goods are delivered to the Shop. The Shop does not accept any payment on delivery collected by the Consumer or Entrepreneur.
5. The Shop will immediately, within 14 days of receipt of the shipment with the advertised Goods, respond to the complaint and inform the Consumer or Entrepreneur about how to handle it. Especially:
a. If the complaint is considered, the Goods will be repaired or exchanged for another, full value copy;
b. If the complaint is considered, but not the possibility of repairing the Goods or exchanging it for another, full value copy, the Shop will return the equivalent of the price of the Goods to the Consumer or Entrepreneur;
c. If the complaint is not considered, the Goods will be returned to the Consumer or Entrepreneur to the address indicated at the stage of placing the Order or other address indicated by the Consumer or Entrepreneur.
6. Reimbursement rules for the Consumer or Entrepreneur for the delivery of the advertised Goods to the Shop selected by the Consumer or Entrepreneur:
a. If the complaint is considered due to a fault of the Shop resulting in a defect in the Goods or its incompatibility with the Order placed, the Shop will make to the Consumer or Entrepreneur a refund of the charges for delivery of the advertised Goods to the Shop with the reservation that the fee for the cheapest possible delivery in the Shop will be refunded and the Shop will cover the costs of delivering the advertised Goods back to the Consumer or Entrepreneur;
b. If the complaint is considered and a decision to return to the Consumer or Entrepreneur the equivalent of the price of the Goods (as the situation described in Act 5, point b), the Shop will make to the Consumer or Entrepreneur a refund of the charges for delivery of the advertised Goods to the Shop with the reservation that the fee for the cheapest possible delivery in the Shop will be refunded;
c. If the complaint is considered due to the occurrence of defects or incompatibilities of the Goods with the Order, which the Shop has not had and could not be influenced or about which the Shop did not know or could not know, the Shop will not make to the Consumer or Entrepreneur a refund of the charges for delivery of the advertised Goods to the Shop, but will cover the delivery costs of the advertised Goods, after repair or replacement to another full value copy, up to the cheapest possible delivery form in the Shop. In case of a situation described in the preceding sentence, if the Consumer or Entrepreneur requests to deliver the advertised Goods to him other than the cheapest available delivery form in the Shop, the Goods will be shipped to the Consumer or Entrepreneur for a charge in excess of the cheapest possible delivery form in the Shop.
d. If the complaint is not considered due to its unjustified, the Shop will not make to the Consumer or Entrepreneur a refund of the charges for delivery of the advertised Goods to the Shop and will charge the Consumer or Entrepreneur for the costs of returning Goods to the Consumer or Entrepreneur selected by the Consumer or Entrepreneur and offered by the Shop by sending the consignment to the Consumer or Entrepreneur payment on delivery. In the situation described in the preceding sentence, if the Consumer or Entrepreneur does not choose the way to return the delivered Goods to the Consumer or Entrepreneur, the Goods will be shipped to the Consumer or Entrepreneur the cheapest possible delivery form in the Shop.
FINAL PROVISIONS
§15.
The Shop sells Goods within the territory of the Republic of Poland and abroad.
§16.
1. The Shop reserves the right to change the Shop Terms and Conditions.
2. The Shop will inform registered Consumers and Entrepreneurs about the change of Shop Terms and Conditions via email. By the date of delivery to the Consumer or Entrepreneur of the email message referred to in the preceding sentence, in a manner permitting familiarization with its contents and the contents of its attachments, the Consumer or Entrepreneur is bound by the content of the new Terms and Conditions of the Shop.
§17.
1. The Shop is authorized to have personal data of the Consumer or Entrepreneur in the Order processing time, and also to deliver it to the courier providing courier or postal services for the delivery of the Order. The Consumer or Entrepreneur  submitting his personal data when placing the Order agrees to their processing by the Shop.
2. Personal data of the Consumer or Entrepreneur is protected in accordance with the Personal Data Protection Act of 29.08.1997, in a way that prevent access to them to third parties.
3. The Consumer or Entrepreneur has the right to review their personal data made available to the Shop at any time, as well as to correct, change or submit a statement of removal.
§18.
1. In matters not regulated in these Terms and Conditions, the relevant provisions of the law of the Republic of Poland apply exclusively.
2. In case of any of the provisions of the Terms and Conditions were or was to become invalid, this does not affect the validity of the entire Terms and Conditions, which is still in force. In the situation described in the preceding sentence, the relevant provisions of the law of the Republic of Poland are replaced by invalid provisions of the Terms and Conditions.
§19.
The court responsible for settling disputes between the Shop and the Consumer or Entrepreneur is the court locally responsible for the Shop.