Terms and conditions
General Provisions
1. The online store (hereinafter referred to as the “Online Store”) at the Internet domain www.cottongrass.co is run by Aleksandra Tyburska, conducting business activities as FHU Almar Aleksandra Tyburska, NIP 8761229401, REGON 870388460, headquarters in Mały Rudnik 62C, 86-300 Grudziądz, Poland (hereinafter referred to as the “Seller”).
2. The terms for buying goods via the Online Store are defined in the content of this document.
Orders
1. Orders can be placed through the website www.cottongrass.co
2. Products presented on the Online Store are ordered by customers via the link “Add to basket” visible next to each of the products. The selected commodities are disclosed in the “basket”.
3. Placing of an order is followed by filling out by the Customer the checkout form (hereinafter “Order Form”) available on the Online Store and sending it to the Seller.
4. Sending the Order Form is only possible after completing all the required form fields: name and surname of the customer, shipping address, e-mail, phone number, type of delivery,
5. Dispatching of the Order Form ia applied by selecting the link “Place order”.
6. Conclusion of the agreement between the Customer and the Seller takes place upon placing the order (sending the Order Form) by the Client. The customer receives an e-mail (at the address specified in the Order Form) with feedback on the transaction.
7. Products are shipped internationally according to the rates indicated on the Online Store applicable on the date of the order.
8. Prices in the Online Store are expressed in Polish złoty and include value added tax (gross price).
Payment
1. After sending the Order Form and receiving feedback about the terms of payment the customer will be redirected to the PayPal system. In the aforementioned service the customer makes his payment by transfer or by credit /debit card according to the options provided.
2. As the date of payment is understood the date of registering money on the Seller’s PayPal account.
3. The payment must be recorded on the Seller’s account no later than within 7 days from the date of the order.
4. In the event of failure to comply with the 7-day period for payment of the order is cancelled and will not bind the Seller.
5. Along with the ordered products the customer will receive a VAT invoice issued to the data specified in the Order Form.
Delivery time
1. Products ordered in the Online Store are delivered by post or other freight company.
2. Ordered products are shipped within two days of the payment accounted on the Sellers PayPal account.
3. The delivery time for the ordered products depends on the terms&conditions of the services provided by the post or any other freight company. The Seller does not bear any responsibility for the quality of the services provided by the post or other freight company.
Withdraws from the contract
1. In accordance with the provisions of Art. 27 of the Act of 30 May 2014 on the rights of the consumer, the customer, which has the status of a consumer (hereinafter referred to as “Consumer”) has the right to withdraw from the contract without giving any reason and at no cost, within 14 days of receiving the products by him or by a the third party designated by him. Withdraw from the contract is carried out through submission by the Consumer an appropriate written statement. The statement should be sent before the expiry of the 14-day deadline. An example declaration is attached as Appendix 1 hereto and is available at the Online Store.
2. The Consumer is obliged to send the returned products to the address of the Seller: FHU Almar Aleksandra Tyburska, Mały Rudnik 62C, 86-300 Grudziądz, Poland. The Consumer shall only bear the direct cost of returning the products.
3. The Consumer is liable for any diminished value of the products as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the products.
4. The Seller no later than within 14 days of receiving the statement of the consumer to withdraw from the contract will reimburse the Consumer all the payments made by him, including the costs of delivery of the products.
5. The Seller will reimburse the payment using the same method of payment, which was used by the Consumer, unless the Consumer has expressly agreed to a different way, which will not bind him to any costs.
6. The Seller may withhold the reimbursement of the payment received from the Consumer to the receipt of the returned products, or evidence of its return, depending on which event occurs first.
7. If the Consumer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer the extra costs incurred by him.
8. When a Consumer withdraws from a contract concluded at a distance or off-premises contracts, also expire its associated additional agreements entered into by the Consumer, if on their basis benefit they are met by the entrepreneur or a third party on the basis of an agreement with the entrepreneur. The Consumer does not bear the costs associated with the expiration of these contracts, except for the costs specified in Art. 33, Art. 34 paragraph. 2, and Art. 35 of the Act of 30 May 2014 on consumer rights. If an additional agreement was concluded with a third party, the Seller shall inform the person of the withdrawal by the Consumer from the contract.
Complaint
1. The Seller is liable to the Client for physical and legal defects of the products that existed at the time of transition of the danger to the Consumer or arose from the causes inherent in the products at the same time.
2. All products offered in the Online Store are free from physical and legal defects.
3. The basis for accepting the Consumer’s complaint is the proof of purchase of the product – an invoice or other legal evidence of the agreement between the Consumer and the Seller.
4. The complaint may be submitted on a complaint form, the example of which is attached as Appendix 2 and is available at the Online Store.
5. All complaints are investigated not later than 14 calendar days from the date of receiving the faulty product with the signed and filled form and a proof of purchase.
6. If the item sold has a flaw, the buyer may submit a statement to reduce price or terminate the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the product to one free from defects or removes the flaw. This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to exchange the product to one free from defects or remove the defect.
7. If the buyer is a Consumer, he may instead of the proposed by the Sellers remedy the defect, request the exchange of the product to one free from defects; or instead of the proposed exchange of a product request the removal of the defect, unless bringing the product into compliance with the agreement in a manner chosen by the buyer is impossible or would involve disproportionate costs compared the method proposed by the Seller. When assessing these costs taken into account are the value of the products free of defects, the nature and the importance of the defect, and also the inconvenience to which the buyer would be exposed if otherwise satisfied.
8. The reduced price should stay in such a proportion to the price resulting from the agreement in which the value of the defected product remains to the value of the flawless product.
9. The buyer may not terminate the contract if the defect is irrelevant.
10. The Seller is obliged to replace the defective product to one free of defects or to remove the defect within a reasonable time and without undue inconvenience to the buyer.
11. The Seller may refuse to compensate the request of the buyer, if bringing the product into compliance with the agreement in a manner chosen by the buyer is impossible or compared to the second possible way, to enforce compliance with the agreement, excessively costly. If the buyer is an entrepreneur, the Seller may refuse to exchange product free from defects or to remedy a defect also when the costs of compensation to such obligations exceed the price of the sold products.
12. The written complaint should include a description of the defects in the product, the date of discovery of the defect and define the requested method of the removal of defects.
13. The Seller shall be liable for the warranty if a physical defect is found before the expiry of two years from the date of delivery of products to the buyer.
14. Before making a claim against the Seller to the court, the Consumer may be assisted by the district (municipal) Consumer Ombudsman.
Privacy statement
1. Filling in the Order Form is equivalent to agree to process the personal data by the Seller in accordance with the Act of 29 August 1997 on the protection of personal data.
2. Personal data of the buyer will be processed only for the execution of his orders, including invoicing, accounting and logistical operations.
3. Personal data is accessed only by the data administrator (the seller).
4. Each customer has the right to insight the collected data, to correct it, to request the stop of its processing and deletions of the data.
Final Provisions
1. Placing an order in the Online Store means accepting the provisions of these terms and conditions.
2. The law applicable to sales contracts between the Seller and the Consumer is the Polish law.
3. In cases not covered in these Rules shall apply generally applicable provisions of Polish law, in particular the Act of 24 April 1964. Civil Code; Act on electronic services of 18 July 2002 .; Law on Consumer Rights dated 30 May 2014, .; and other relevant provisions of applicable law.
4. The competent court for any disputes arising from the sales contract is the court competent according to the general rules.
5. These terms and conditions come into force on the 27th January 2018