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TERMS AND CONDITIONS

These Regulations define the general conditions, principles and method of using the online store available at en.cocoonmoda.pl (referred to as: "Store").



I. DEFINITIONS


1. Store also called online store or website - website available at en.cocoonmoda.pl, where the Buyer can place an order.
2. Seller / Administrator - the service provider sales through the online store under the terms set out in these Regulations. Ula Kulczyńska doing business under the name: COCOON Urszula Kulczyńska,with registered office at ul. Bohaterów Westerplatte 18A, 21-040 Świdnik, Poland, EU tax number NIP: PL7122869174, Polish Statistical Identification Number REGON: 060632578.
3. Customer / Buyer / Consumer – means a person using the Store, purchases the products in the Store. A natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
4. User - The Customer who created an Account in the Online Store.
5. Customer account – the User's individual information account in the Online Store, which collects data provided voluntarily by the User and information about his/her activities on the website. The account is maintained by the Administrator for the User under the login provided by the User.
6. Login – Customer ID in the online store - the e-mail address or other identifier provided by the User during Registration enabling his/her identification in the online store.
7. Password – a unique series of characters (numbers and/or special characters, lowercase/uppercase letters without Polish characters) selected by the Customer during Registration, with the possibility of modifying it in the Account settings, used to log in to the Online Store in order to confirm the Customer's identity.
8. Registration – the process of creating an Account in the Online Store by the User.
9. Order – the Buyer's declaration of will submitted via the store, clearly specifying: the type and quantity of products; type of delivery; payment method; place of delivery of the item, data of the Buyer and aimed directly at concluding a contract between the Buyer and the Seller.
10. Product – an item or a set of items for which an order can be placed in the Store that is the subject of the Agreement.
11. Product card – a single store subpage containing information about a single product.
12. Order completion date – the number of hours or working days given on the product card.
13. Basket / shopping cart – a list of products prepared from the products offered in the store based on the Buyer's choices.
14. Delivery – type of transport service along with the carrier and cost listed in the delivery price list available at: en.cocoonmoda.pl/s/delivery
15. Payment – the method of payment for the subject matter of the contract and delivery listed at: cocoonmoda.pl/s/payments
16. A proof of purchase – 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.
17. Agreement – means a contract of sale concluded by the Customer and the Seller via the online store. The rules resulting from the Terms and Conditions apply to contracts of sale.
18. Defect – both a physical and legal defect.
19. Phisical defect – inconsistency of the sold item with the contract, in particular if the item:

a.There are no properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
b.There are no properties of which the Seller assured the Consumer;
c.It is not suitable for the purpose about which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objections to its intended use.;
d.It was delivered to the Consumer in an incomplete condition;
e.It does not have the properties guaranteed by the manufacturer or his representative or by a person who places the item on the market within the scope of his business activity or by a person who, by placing his name, trademark or other distinguishing mark on the item sold, presents himself 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 the contract, or if their content was corrected before concluding the contract.

20. Legal defect – a situation when the sold product is the property of a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of the thing results from a decision or judgment of a competent authority.
21. System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
22. Newsletter – free electronic distribution service available on the en.cocoonmoda.pl website, provided by the Seller via e-mail.
23. 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.


II. GENERAL CONDITIONS


1. The subject of the Store's activity is the retail sale of clothes and accessories via the Internet.
2. The owner of the COCOON online store operating at en.cocoonmoda.pl is Ula Kulczyńska doing business under the name: COCOON Urszula Kulczyńska, with registered office at ul. Bohaterów Westerplatte 18A, 21-040 Świdnik, Poland, EU tax number NIP: PL7122869174, Polish Statistical Identification Number REGON: 060632578.
3. The Seller provides the following electronic services via the online store available at en.cocoonmoda.pl:

a. Enabling you to place an order via an appropriate form and thus conclude a sales contract.
b. Creating and maintaining a customer account in the online store.
c. Electronic subscription to the brand's newsletter.

4. In order to register and create a Customer Account, on the en.cocoonmoda.pl website, select the icon: "create an account", and then complete the registration form, providing data such as: name and surname, e-mail address, password.
5. After registration, the Administrator will send a message containing registration confirmation to the e-mail address provided in the registration form.
6. In the "log in" tab, the Customer can change his/her data and password.
7. The Customer may also purchase Products without Registration. In such a case, the Customer places an Order, indicating in the Cart the payment method for the order and other data necessary to complete the order, such as: name and surname, e-mail address, contact telephone number, residential address and delivery address.
8. The store operates in the European Union.
9. The Seller is obliged and undertakes to provide services and deliver items free from defects.
10. All deadlines are calculated in accordance with Art. 111 of the Polish 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 this event occurred is not taken into account when calculating the period.
11. The Seller informs about known guarantees granted by third parties for products available in the store.
12. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the contract concluded with a third party providing him with a specific service enabling distance communication.
13. The seller complies with the code of good practice.
14. The Buyer is obliged to use the store in a manner consistent with the provisions of the law in force in the European Union, the provisions of the regulations, as well as the general principles of netiquette.
15. Information about Products presented on the online store's websites does not constitute an offer within the meaning of the provisions of the Civil Code; constitute an invitation to conclude a sales contract.
16. Contact with the COCOON online store is possible 7 days a week via e-mail at: kontakt@cocoonmoda.pl.


III. CONTRACT OF SALE


1. To place an order in the Store, each Customer must read these Terms and Conditions and accept them.
2. Orders can be placed 24 hours a day, 7 days a week.
3. 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. Wybór rodzaju dostawy;
c. Selecting the payment type;
d. After going to the cart, placing an order in the store by using the "Order and then "Submit your order" button.

4. The contract with the Customer is concluded upon acceptance of the order by the Seller, of which he informs the Customer within 48 hours of placing the order.
5. The Buyer's order is processed immediately after the Consumer's payment is credited to the Seller's account.
6. The purchased subject of the contract is sent to the place indicated by the Buyer in the order.
7. The Seller reserves the right to delete unpaid Orders in which the Customers' personal data are incorrect or make it impossible to contact the Customer.
8. An order not paid within 3 business days from the moment of placing the order is canceled by the Seller and the contract is considered not concluded.
9. The Customer has the right to cancel the Order before making the payment. In this case, the Customer should immediately contact the Seller by e-mail.
10. A sales document in the form of an invoice is issued for each order.


IV. DELIVERY


1. The Seller delivers within the European Union.
2. Detailed delivery costs to European Union countries are provided at en.cocoonmoda.pl/s/delivery or directly when selecting a given country in the form when placing an order.
3. The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement without defects.
4. The Seller posts information on the Store's Website about the number of Business Days needed to complete the order and deliver it.
5. The subject of the contract is sent immediately after the end of the order processing time specified on the product card, and for orders composed of multiple products, within the longest deadline specified on the product card.
6. The product is sent to the address indicated in the order form or by e-mail. The Service Provider will immediately inform the Customer about an incorrectly completed order form, which prevents shipment or may delay it.
7. The ordered Goods are delivered to the Customer by an external carrier via a courier company to the address indicated in the order form.
8. On the day the Goods are sent to the Customer, information confirming that the shipment has been sent by the Seller is sent to the Customer's e-mail address.
9. The customer should examine the delivered shipment at the time and in the manner accepted for shipments of a given type. If the shipment is found to be missing or damaged, the Customer has the right to request the Supplier's employee to prepare an appropriate report.
10. The customer is charged with delivery (shipping) costs specified in the delivery price list available at: en.cocoonmoda.pl/s/delivery
11. The Customer purchases the Product and orders the delivery service according to the prices and delivery costs applicable at the time of placing the order.
12. The Administrator reserves the right to change prices and delivery costs, in particular in the event of changes to the price lists of services provided by entities performing deliveries. This provision does not apply to orders already being processed or for which confirmation of order acceptance has been sent to the Customer.


V. PAYMENTS / SALE / PRICES


1. All product prices in the Store are gross. They are quoted in Euros (EUR)
2. The customer can choose the following payment methods:

a. Electronic payment, including payment cards and credit cards, made in the secure Przelewy24 payment system (P24).
b. Mobile electronic payment like Apple Pay, Google Pay made in the secure Przelewy24 payment system (P24).
c. Electronic payment made in the secure PayPal payment system.


5. The Customer pays all costs associated with shipping the Product and customs.
6. The order’s processing begins after the Seller receives the payment for the Product.
7. If there is a need to return funds for a transaction made by the Customer, the funds will be returned in the same way that the Customer chose when completing the order.
8. The Store reserves the right to change the prices of Products in the Store, introduce new Products for sale, carry out and cancel promotional campaigns on the Store’s websites, or make changes in accordance with the Civil Code and other applicable laws. These changes will not violate the rights of persons who have already concluded contracts of sale of the Products offered in the Store before the changes.
9. The price of a given Product on the Store’s website binds the parties from the moment the order is placed and the Customer receives confirmation from the Seller that the order has been accepted, irrespective of any subsequent changes in the Store.
10. In the case of a sale or promotion, the crossed-out price (reference price) provided on the Store’s website is the lowest price of the product that was in force during the period of 30 days before the reduction.


VI. RIGHT TO WITHDRAW


1. The Customer may withdraw from the Contract within 14 (fourteen) calendar days (counting from the day following the delivery of the order), without giving any reason.
2. Withdrawal from the contract is possible only if the Product is in an unchanged condition and shows no signs of use.
3. The consumer may submit a declaration of withdrawal from the contract on the form, the template of which is available at: en.cocoonmoda.pl/s/returns or in another form consistent with Consumer Law.
4. 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.
5. Products must be returned by courier at the Customer’s expense to the following address:


COCOON
ul. Wspólna 2F/4
05-075 Warsaw
e-mail: kontakt@cocoonmoda.pl
phone: 880549839


6. The Seller accepts only Products sent back as courier shipments to the correct correspondence address.
7. The Seller does not accept COD shipments.
8. The Seller may refuse to accept the returned Product if it is damaged, if the return is made after the set time limit has expired, or the Product delivered to the Store is incomplete.
9. The Seller will immediately, no later than 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, refund all payments made by the Consumer, including the costs of delivering the goods, and if the Consumer has chosen a delivery method other than the cheapest standard 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.
10. Returns from within the European Union: The Customer will be refunded by the Seller the equivalent of the Product purchase price and the one-time cost of delivery to the Customer up to the cheapest shipping fee in the Seller’s offer (the shipping cost originally incurred when the purchase and delivery of the Product from the Store to the Customer was made)
11. The Seller will not refund the cost of returning the Product to the Seller.
12. The Seller does not cover the cost of returning the Product by cash on delivery (COD) shipping. If COD shipping is selected as a method of returning the Product, the Seller has the right to charge the Customer with all costs that will be incurred.
13. The Seller returns the payment to the customer's account indicated in the return form or using the same payment method used by the Consumer.
14. If the Customer withdraws from the Contract in the manner and within the time limit indicated above, the Contract is considered not executed.
15. The right of withdrawal from the Contract concluded by the Customer does not pertain to Contracts for a Product manufactured according to the Customer’s specifications or serving to satisfy the Customer’s individual needs.


VII. COMPLAINTS


1. The Seller is liable to the Customer under the warranty (Art. 556 of the Civil Code and subsequent ones) if a physical defect is found within two years from the date of delivery of the item to the Customer.
2. The Seller is not responsible for the compliance of the product with the Contract when the Customer, at the latest at the time of contract conclusion, was clearly informed that a specific feature of the Product deviates from the requirements of compliance with the Contract and accepted its lack.
3. The Customer may file a complaint under of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2020, item 287, as amended). As part of a complaint procedure, the Customer may request one of the following two actions:

a. Replacing the Product with a new one;
b. Repairing the Product by the Seller.

4. The 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. , and when assessing the excessive costs, the value of the defect-free item, the type and significance of the defect found, and the inconvenience to which the Consumer would be exposed to another method of satisfaction are taken into account.
5. The Customer submits a complaint by informing the Seller via e-mail kontakt@cocoonmoda.pl and using the complaint form
>>> DOWNLOAD THE COMPLAINT FORM. The form must be completed and signed by hand and attached in paper form to the shipment containing the complained Product.
6. The complained product must be delivered to the Seller along with a copy of the proof of purchase to the following address:


COCOON
05-075 Warszawa Wesoła
ul. Wspólna 2F/4
e-mail: kontakt@cocoonmoda.pl
phone: 880549839


7. The Customer receives information on how his/her complaint is decided within 14 days from the day the Seller receives the Product. Otherwise, it is deemed that the Consumer's statement or request is justified.
8. If the product complaint is accepted, the Seller will send the Product back to the Customer in an intact condition (repaired or new) immediately, within 30 business days from the moment the complaint is accepted. If this proves impossible, the Customer will be refunded by the Seller the equivalent of the purchase price of the Product and the one-time cost of product delivery up to the cheapest shipping fee offered by the Seller to the country to which the order was sent.
9. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible method of bringing it into compliance with the contract.
10. If the complaint is not accepted, the Product will be handed over or sent back to the Customer together with the opinion that the complaint is unjustified.
11. If the sold item has a defect, the Consumer may submit a declaration requesting a price reduction or submit a declaration of withdrawal from the contract unless the Seller immediately 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.
12. The Customer may not withdraw from the contract if the defect is irrelevant.
13. If the Customer finds out that the Product has been damaged during transport, the Customer must draw up a damage report in the presence of the delivering courier.
14. Complaints arising from a damage to the Product during transport are examined on the basis of a damage report drawn up by the Customer and the delivering courier.


VIII. NEWSLETTER


1. Using the Website, the Seller also provides free services provided electronically in the form of subscription to the brand's newsletter, the so-called Newsletter.
2. The Newsletter service provided by the Seller is provided via e-mail.
3. The Newsletter service enables all Users to automatically receive the Cocoon brand newsletter, containing information about products, promotions, news, trends, recommendations and special campaigns on the Website.
4. The User may subscribe to the Newsletter by providing his e-mail address on the Website in the place marked "Newsletter" and clicking the "Subscribe" box. The User can also subscribe to the Newsletter by checking the appropriate checkbox when placing an order on the Website - the moment the order is placed, the Customer is subscribed to the Newsletter.
5. The User may unsubscribe from receiving the Newsletter at any time and without giving a reason by sending an appropriate statement to the Seller via e-mail to the following address: kontakt@cocoonmoda.pl. The resignation takes effect immediately.


IX. PRIVACY POLICY


1. The administrator of the databases of personal data of the Store's Users is the Seller, Ula Kulczyńska doing business under the name: COCOON Urszula Kulczyńska,with registered office at ul. Bohaterów Westerplatte 18A, 21-040 Świdnik, Poland, EU tax number NIP: PL7122869174, Polish Statistical Identification Number REGON: 060632578.
2. The Seller undertakes to protect personal data in accordance with the Regulation (EU) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”)
3. By providing his personal data to the Seller when placing an order, the Buyer consents to their processing by the Seller in order to complete the order.
4. Customers have the right to access their personal data, correct it and request its deletion. In order to perform these activities, the Customer should contact the Administrator at the following e-mail address: kontakt@cocoonmoda.pl
5. Detailed rules for collecting, processing and storing personal data used to process orders by the store are described in the Privacy Policy, which can be found at: en.cocoonmoda.pl/s/privacy-policy


X. FINAL PROVISIONS


1. 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.
2. Registered Buyers will be notified electronically about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). Changes will be introduced in order to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the tab TERMS AND CONDITIONS. During the execution of the order and throughout the period of after-sales care, the Buyer shall apply the regulations accepted by him when placing the order. Except when the Consumer considers it less favorable than the current one and informs the Seller about choosing the current one as binding.
4. The name of the COCOON online store and all materials available in the Store at en.cocoonmoda.pl, i.e. photos, graphics, logos and texts, are protected by the Copyright and Related Rights Act of February 4, 1994 (Journal of Laws 1994, No. 24, item 83). Using and distributing them without the consent of the store owner is prohibited.
5. The Seller reserves the right to amend these Terms and Conditions at any time. Amendments to the Terms are effective from the moment they are published on the Store’s website. Amendments to the Terms do not apply to orders placed by the Customer and executed by the Seller. The provisions of the Terms in force at the time of placing the order shall apply to accepted orders. Amendments to the Terms do not affect the Customers’ acquired rights.
6. The Store’s administrator takes measures to ensure that the Store’s website works properly, to the extent that it results from current technical know-how, and undertakes to remove immediately any irregularities reported by Customers. The Store is not responsible for business disruptions caused by Internet failures.
7. The Customer and the Seller shall resolve all disputes by way of talks, the purpose of which will be to settle the disputed matter by agreement. If it is impossible to settle the matter amicably, a common court shall be competent and have jurisdiction to settle disputes between the Customer and the Seller.
8. In any matters not covered by these Terms and Conditions, the applicable provisions of Polish law shall apply, including the Act of April 23, 1964 – Civil Code, the Consumer Rights Act of May 30, 2014, the Competition and Consumer Protection Act of February 16, 2007.





5% DISCOUNT ON THE FIRST ORDER

These Regulations define the general conditions, principles of the promotion 5% discount on the first order on en.cocoonmoda.pl



1. The organizer of the "5% discount on the first order" promotion is the Seller, Ula Kulczyńska doing business under the name: COCOON Urszula Kulczyńska,with registered office at ul. Bohaterów Westerplatte 18A, 21-040 Świdnik, Poland, EU tax number NIP: PL7122869174, Polish Statistical Identification Number REGON: 060632578.


I. DEFINITIONS


1. 5% discount on the first order - promotion organized by the Organizer in accordance with these Regulations.
2. Newsletter – free electronic distribution service available on the cocoonmoda.pl website, provided by the Organizer via e-mail, which enables all Customers using it to automatically receive a subscription to the Cocoon brand newsletter, containing information about Products, promotions, news, trends, recommendations and special campaigns on the Website.
3. User – a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, which is granted legal capacity by law, which intends to participate or is participating in the Promotion.
4. Organizer, Seller, Administrator - the service provider sales through the online store under the terms set out in these Regulations. Ula Kulczyńska doing business under the name: COCOON Urszula Kulczyńska,with registered office at ul. Bohaterów Westerplatte 18A, 21-040 Świdnik, Poland, EU tax number NIP: PL7122869174, Polish Statistical Identification Number REGON: 060632578.
5. Product – an item or a set of items available on the Website, which may be the subject of an order and the subject of a Sales Agreement between the User and the Seller.
6. Store also called online store or website the Seller's online store available at: en.cocoonmoda.pl, where the Promotion is organized.
7. Sales agreement - Products sales agreement concluded between the Customer and the Seller on the Website.


II. CONDITIONS OF PARTICIPATION IN THE PROMOTION


1. The condition for participating in the Promotion is that the User signs up for the Newsletter during the Promotion period.
2. Any Website User may participate in the Promotion.
3. The User may subscribe to the Newsletter by providing own e-mail address on the Website in the place marked "Newsletter" and clicking the "Sign me up" box. The User can also subscribe to the Newsletter by checking the appropriate checkbox when placing an order on the Website - the moment the order is placed, the Customer is subscribed to the Newsletter.


III. CONDITIONS OF THE PROMOTION
1. The promotion is valid from December 15, 2016 until canceled by the Organizer.
2. The Promotion consists in receiving an individual one-time discount code worth 5% of the gross price by the Customer who meets the conditions for participation in the Promotion. The customer receives the discount code at the email address provided when signing up for the Newsletter.
3. The discount code entitles the Customer to receive a one-time discount on the Sales Agreement worth 5% of the gross price of the entire order.
4. The discount code is valid for 30 days from the date of its receipt by the User.
5. To receive the discount, enter the code on the shopping cart page when placing your order.
6. The discount code cannot be exchanged for cash, but only entitles the User to receive a one-time discount referred to in §3 point. 3. of these Regulations.
7. The promotion cannot be combined with other promotions on the Website.


IV. PERSONAL DATA


1. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Organizer. Personal data are processed for the purposes, within the scope and based on the principles indicated in this point of the Regulations.
2. Providing personal data is voluntary, although failure to provide personal data necessary to take advantage of the Promotion results in refusal to participate in it.
3. The purpose of collecting the User's personal data by the Administrator is:

a. Implementation of the Promotion.
b. E-mail marketing of the Administrator's own products or services (with the User's prior consent).

4. The basis for the processing of the User's personal data is the need to perform the contract to which the User is a party or to take action at his request before concluding it. In the case of data processing for the purpose of direct marketing of the Administrator's own products or services, the basis for such processing is the User's prior consent.
5. Each person has the right to control the processing of data concerning him or her contained in the Administrator's data set, and in particular the right to: request an update, temporary or permanent suspension of their processing or their deletion.
6. In the case of data processing for the purpose of direct marketing of the Administrator's own products or services, the data subject is also entitled to object to the processing of his or her data at any time and without giving a reason and to request the cessation of their processing.
7. In order to exercise the rights referred to above, you can send an appropriate message by e-mail to: kontakt@cocoonmoda.pl.


V. CANCELLATION CONDITIONS


1. The User may resign from participation in the Promotion and from subscribing to the Newsletter at any time and without giving a reason by sending an appropriate statement to the Organizer via e-mail to the following address: kontakt@cocoonmoda.pl. The resignation takes effect immediately.


VI. COMPLAINT PROCEDURE


1. Complaints related to the Promotion may be submitted by the User via e-mail to the following address: kontakt@cocoonmoda.pl.
2. It is recommended to provide as much information and circumstances as possible regarding the subject of the complaint in the description of the complaint, in particular the type and date of occurrence of the irregularity and contact details - this will facilitate and speed up the processing of the complaint by the Organizer.
3. The Organizer will respond to the complaint no later than within 14 days from the date of filing the complaint.


VII. FINAL PROVISIONS


1. In matters not regulated in these Regulations, the provisions of the Civil Code and other relevant provisions of law shall apply.