I. General provisions
- The Full Spectrum online store, available at www.fullspectrum.pl, is run by COSMA S.A ul. Wołoska 22A, 02-675 Warszawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the NIP: 9522137211, REGON: 361597490, KRS: 0000559284, with capital in the amount of PLN 10 933 916,40.
- The condition for using the Store is the acceptance of all of the following terms of the Regulations. Acceptance is a declaration of will and creates a legal obligation between the Customer and the Seller.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
- Regulations are available at any time via the Store. The Regulations are posted in the Store in a printable form.
The terms used in the Regulations have the following meaning:
- Regulations – these Store regulations.
- Seller – COSMA S.A ul. Wołoska 22A, 02-675 Warszawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the NIP: 9522137211, REGON: 361597490, KRS: 0000559284, with capital in the amount of PLN 10 933 916,40.
- Store – an online store run by the Seller at the Internet address www.fullspectrum.pl.
- Product – a movable item available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
- Customer – any entity making purchases through the Store.
- Consumer – a natural person concluding a contract with the Seller for the sale of Products for his own use as part of the Store, the subject of which is not directly related to his business or professional activity.
- Entrepreneur – a natural person, legal person and an organizational unit that is not a legal person, the legal capacity of which is granted by a separate act, carrying out economic activity on its own behalf, concluding a contract for the sale of Products within the Store with the Seller. </ li>
- Distance contract – a contract concluded between the Store and the Customer as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until conclusion of the contract inclusive.
- Sales Agreement – Product sales agreement concluded between the Customer and the Seller via the Store.
- Registration form – a form available in the Store, enabling the creation of an Account.
- Account – the Customer’s account created in the Store, it contains data provided by the Customer and historical information about Orders placed by him in the Store.
- Order – Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
- Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment methods.
- Cart – an element of the Store’s software, in which the Products selected by the Customer for purchase and their price are visible, and it is also possible to determine and modify the Order data, in particular the quantity and type of products. </ li >
- Price – the gross price of the Product, placed next to the information about the Product, excluding the cost of delivery. The price is expressed in Polish zlotys and includes the tax on goods and services (VAT).
- Delivery costs – fees for the delivery of ordered Products to the delivery address provided by the Customer. Delivery costs are expressed in Polish zlotys and include the tax on goods and services (VAT). The price list of delivery costs can be found in the “Delivery costs” tab.
- Total Order Price – the sum of the Price and Shipping Costs indicated in the transaction summary.
III. TECHNICAL REQUIREMENTS
To use the Store, including viewing the Store’s assortment and placing orders for Products, you must:
broadband internet access,
an operating system (such as iOS, Microsoft Windows XP, 7 or Vista and above),
an active e-mail account (e-mail),
support for pop-ups enabled,
IV. CONTACTING THE STORE
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
Seller’s e-mail address: [email protected].
The customer may communicate by phone with the Seller between 10 am and 6 pm by calling the following telephone number of the Seller: +48 22 164 78 91.
V. GENERAL CONDITIONS
Commercial information – price lists, descriptions, advertisements and other information about the Products located on the Seller’s Store Website, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
By placing an Order in the Store, the Customer confirms that he has full legal capacity and to incur legally binding obligations.
The customer is obliged to enter data into the Order Form and the Registration Form in accordance with the actual facts, lawful and morally. The data provided may not infringe personal rights or property rights of third parties.
The seller is a tax payer on goods and services (VAT) and issues a sales document for each sale of a product – a receipt or invoice.
The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in the functioning of the Store caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.
The store’s assortment offers three categories of Products:
Information about the Products, such as a photo, detailed description and – if applicable – composition, are available on the Store’s websites in the descriptions of individual Products.
All goods offered in the Store The products are brand new, free from physical and legal defects, and have been lawfully marketed.
VII. STORE ACCOUNT
Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
Creating an Account in the Store is free.
To set up an Account, complete the Registration Form with the Customer’s details. The registration form contains clearly marked fields that are mandatory to complete. It is necessary to provide the following data: name, surname, e-mail address, billing address (country, street, zip code, city), telephone number.
After the Customer completes and sends the Registration Form to the e-mail address provided by him, the Seller will send the confirmation of the Account creation. At this point, the Account creation process will be completed.
Logging in to the Account is done by entering the login and password set in the Registration Form.
The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail.
VIII. PROCESS OF SUBMITTING THE ORDER
The Ordering Party places an Order using the Order Form and the Basket.
In order to place an Order, please:
select the Product that is the subject of the Order, and then click the “Add to Cart” button,
log in or use the option of placing an Order without registration,
if the option of placing an Order without registration has been selected – fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the form of delivery (method of delivery of the Product), enter the invoice data, if different from the recipient’s details ,>
Click the “Buy and pay” button – clicking this button entails the obligation to pay. In this way, the Customer accepts the selected Products in accordance with their description, quantity and Price and expresses the will to purchase them in accordance with the Regulations,
choose one of the available payment methods and, depending on the payment method, pay for the order within 1 business day. If the Total Order Price is not credited to the Seller’s bank account by the end of this period, the Order will be canceled.
IX. TERMS OF DELIVERY AND PAYMENT
The Customer may use the following methods of delivery of the ordered Product:
Inpost shipment (parcel locker),
Fedex courier service,
The Customer pays the Total Order Price by online payment via the PayU or Stripe payment system,
Detailed information on costs and delivery methods as well as acceptable payment methods can be found on the Store’s website.
X. ORDER COMPLETION
Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with Chapter VIII. Of the Regulations and then paying for it.
After the Total Order Price is credited to the bank account, the Seller shall prepare the Order for execution no later than within two working days. Confirmation of the acceptance of the Order for execution takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
If the Customer – regardless of the reason – fails to collect the parcel – the Seller has the right to withdraw from the contract on the day of returning the unclaimed parcel.
Products are delivered within the European Union.
Delivery of Products to the Customer is payable. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery costs” tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement. </ p> <! – / wp: paragraph -> <! – wp: paragraph ->
In the case of shipping outside Poland, shipping costs and delivery date are set individually.
XI. THE RIGHT TO WITHDRAW FROM THE SALES CONTRACT
The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The right to withdraw from the Sales Agreement does not apply to the following Products:
that go bad quickly or have a short shelf life,
in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery,
The right to withdraw from the Sales Agreement is not granted to the Customer who is not a Consumer.
The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Consumer or a person designated by him other than the carrier.
The consumer may withdraw from the Sales Agreement by submitting to the Seller a unilateral declaration of withdrawal from the Sales Agreement. In order to exercise the right to withdraw from the Sales Agreement, the Consumer may use the template form of the declaration of withdrawal from the Sales Agreement. A model withdrawal form is available on the Store’s website. The use of this formula is optional.
To meet the deadline for withdrawing from the Sales Agreement, it is enough for the Consumer to send a statement before that deadline.
The statement may be sent by traditional mail to the Seller’s address or electronically by sending the statement to the Seller’s e-mail address indicated in Chapter IV. Of the Regulations.>
If the Consumer sends the statement electronically, the Seller will immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Sales Agreement.
In the event of withdrawal from a Distance Agreement, the Sales Agreement shall be considered void.
The consumer should return the Product to the Seller’s address provided in these Regulations, without delay, but no later than 14 days from the date on which he submitted the declaration of withdrawal. To meet the 14-day deadline, it is enough to return the Product before its expiry.
The consumer bears the costs of returning the Product (e.g. packaging, security or shipping costs), as well as the costs of returning the Product, if due to its nature, the Product could not be returned by regular mail.
The seller does not accept parcels sent “cash on delivery”.
The return shipment should be properly secured against damage in transit.
The Seller will return to the Consumer immediately, but not later than within 14 days, the payments made by him, including the Product delivery costs, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller. The Seller may withhold the return until receipt of the return of the Products or proof of their return, whichever occurs first.
The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
The consumer is responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
In the event that, due to the nature of the Product, it cannot be sent back by regular mail, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
XII. COMPLAINT PROCESS
The Seller is obliged to provide the Customer with a Product free from defects. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. The seller is released from liability under the warranty if the customer knew about the defect at the time of concluding the contract.
The customer must submit his warranty claim to the Seller within one year from the date of noticing the defect. However, no later than within 2 years of the Product’s delivery. Complaints should be submitted in writing to the Seller’s address or by e-mail to the e-mail address indicated in Chapter IV. Of the Regulations.
The complaint should contain the details of the person submitting the complaint (name and surname, correspondence address, e-mail address, contact telephone number, optionally a photo of the damage to the product), the reason for the complaint and the content of the request. If possible, complaints about Products or delivery should also include the transaction number (it is visible in the confirmation of acceptance of the Order). An original or a copy of the proof of purchase (e.g. a receipt or invoice) may facilitate the submission of a complaint, but is not necessary for its submission.
If the item sold has a defect, the Customer may submit a statement requesting a price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or to remove the defect.
If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a defect-free item, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in a manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the customer would otherwise be exposed.
The reduced price should remain in proportion to the price resulting from the contract in which the value of the defective item is equal to the value of the item without a defect.
The customer cannot withdraw from the contract if the defect is irrelevant.
The Seller will respond to the Customer’s complaint immediately, no later than within 14 days. In the case of Consumer’s claims, the Seller’s failure to respond to the complaint within the specified period will result in the claim being recognized.
The Seller will notify the person submitting the complaint about the method of considering the complaint by a letter sent to the address provided in the complaint or by e-mail – depending on the method of submitting the complaint.
Goods sent as part of the complaint procedure should be sent to the Seller’s address.
The costs of shipping the Products as part of the complaint are borne by the Seller.
If the Product has been granted a warranty, information about it, as well as its content, will be included in the description of the Product in the Store.
The reimbursement of the payment in the event of a positive consideration of the complaint will take place immediately after the Consumer receives information on the method of settling the complaint. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction.
XIII. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS
In the event of a dispute with the Seller or any doubts as to his rights, the Consumer has the option of using extrajudicial means of dealing with complaints and redress.
Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
The consumer is entitled to apply to a permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (i.e. Journal of Laws of 2019, item 1668, as amended), with a request to settle a dispute arising from the Sales Agreement concluded with the Seller.
The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (i.e. Journal of Laws of 2019, item 1668, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers ).
XIV. PERSONAL DATA PROTECTION
XV. FINAL PROVISIONS
Agreements concluded with the Seller are concluded in Polish.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.
If any of the provisions of these Regulations is found to be illegal, invalid or otherwise unenforceable to the extent provided for by law, it is excluded in this regard. In the remaining scope, the Regulations shall remain in force.
All names of Products offered for sale by the Online Store are used for the purpose of identifying Products, they may be protected and reserved under the provisions of the Industrial Property Law.
The Seller reserves the right to unilaterally make changes to the content of the Regulations – while maintaining the principle that the Customer is bound by the Regulations accepted by him during the booking and the Seller allows customers to access the archival versions of the Regulations.
All photos posted on the website are protected on the basis of the Act of February 4, 1994 on Copyright and Related Rights – (i.e. Journal of Laws of 2019, item 1231, as amended) – have a creative and individual character. They cannot be copied without the consent of the Seller.
The consumer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.
Any disputes arising from the implementation of the Sales Agreement, in the absence of an amicable solution, will be considered by the competent common court specified in accordance with the provisions of the Act of November 17, 1964, Code of Civil Procedure.