TERMS AND CONDITIONS OF THE COWBOYKID.EU ONLINE STORE

1.GENERAL PROVISIONS

I.Definitions

The terms used in the Terms and Conditions mean:

    1. Online shop available at www.cowboykid.eu It is run by Cowboy Sp.z o.o.with its registered office in Warsaw at 81B/73A Street; 00-382 Warsaw; entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000940596; share capital of: PLN 5,000,000; NIP: 7011068092; REGON: 520968868 and e-mail address: bok@cowboykid.pl

    2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store (except for point 10 of the Terms and Conditions, which is addressed only to entrepreneurs).

    3. The controller of personal data processed in connection with the implementation of the provisions of these Regulations is Cowboy e-mail address: bok@cowboykid.pl, contact phone number: + (48) 606 496 531.Personal data are processed for purposes, in scope and on the basis of the principles indicated in the privacy policy published on the Website.The provision of personal data is voluntary.Every person whose personal data is processed by the Service Provider or Administrator has the right to review their content and the right to update and correct them.

    4. Definitions:

      1. WORK DAY – one day from Monday to Friday excluding public holidays.

      2. REGISTRATION FORM – form available in the Online Store to enable the creation of an Account.

      3. FORM OF THE CONTRACT – Electronic Service, interactive form available in the Online Store to enable placing an Order, in particular by adding Products to an electronic basket and defining the terms of the Sales Agreement, including delivery and payment methods.

      4. customer – (1) a natural person with full legal capacity and, in cases provided for by the rules applicable, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, whose law grants legal capacity; - which has concluded or intends to conclude a Sales Agreement with the Seller.

      5. code CYWILNY – act code cywilny with dated 23 April 1964 r.(Dz.U.1964 nr 16, poz.93 with zm.).

      6. account – Electronic Service, marked with an individual name (login) and password given by the Service Recipient a set of resources in the Service Provider's IT system, in which the data provided by the Service Provider and information about the orders submitted by it in the Online Store are collected.

      7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all the Service Providers to automatically receive from the Service Provider the cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.

      8. PRODUCT – available in the Online Store moving item subject to the Sales Agreement between the Client and the Seller.

      9. REGULATION – These are the Online Shop Regulations.

      10. INTERNET SHOP - Online shop of the Service Provider available at: www.cowboykid.eu

      11. Seller; Servicer – Cowboy Sp.z o.o.with its registered office in Warsaw at Solec 81B/73A Street; 00-382 Warsaw; entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000940596; share capital of: PLN 5,000,000; NIP: 7011068092; REGON: 520968868 and e-mail address: bok@cowboykid.pl

      12. SALE AGREEMENT – the sale agreement of the Product concluded or concluded between the Customer and the Seller via the Online Store.

      13. ELECTRONIC SERVICES – service provided by the Service Provider to the Service Provider via the Online Store.

      14. SERVICE – (1) a natural person with full legal capacity and, in cases provided for by the rules applicable, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, whose law grants legal capacity; - the user or intending to use the Electronic Service.

      15. CONSUMER RIGHTS ACT – the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended)

      16. PROCUREMENT - a declaration of will of the Customer made using the Order Form and aimed directly at concluding the Sales Agreement of the Product with the Seller.

  1. ELECTRONIC SERVICES IN INTERNET SHOP

    1. The Online Store offers the following Electronic Services: Account, Order Form and Newsletter.

      1. account – use of the Account is possible after two consecutive steps by the Client – (1) completing the Registration Form and (2) clicking the field „Register”.In the Registration Form, the Service Recipient must provide the following data: the Service Provider's name, e-mail address and password.

        1. Electronic Service Account is provided free of charge for time not specified.The customer has the option, at any time and without giving a reason, to delete the Account (the cancellation of the Account) by sending an appropriate request to the Service Provider, in particular by email to: bok@cowboykid.pl or in writing to: Solec 81B/73A; 00-382 Warsaw.

      2. Contract Form – use of the Order Form starts with the moment when the Customer adds the first Product to the electronic basket in the Online Store.The Order is submitted after the Client completes two consecutive steps – (1) After completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form field „Confirm purchase” – until then, it is possible to modify the data entered (to this end, please follow the messages and information available on the Online Shop website).In the Order Form, the Customer must provide the following data concerning the Client: name and name, address (street, house/house number, postal code, town, country), e-mail address, contact phone number and sales agreement data: Product/s, quantity of Product/s, place and way of delivery Product/s, method of payment.

        1. The Electronic Procurement Form Service is provided free of charge and is of a one-time nature and is terminated either when the Order is submitted through it or when the Order is previously discontinued through the Service Recipient.

      3. Newsletter – use of the Newsletter follows three consecutive steps by the Service Provider - (1) application in the tab „Newsletter” the e-mail address on the Online Store page to which the next editions of the Newsletter are to be sent, (2) click on the box „Send” and (3) confirm your desire to subscribe to the Newsletter by clicking on the confirmation link sent automatically to the given email address.You can also subscribe to the Newsletter by selecting the appropriate checkbox when you are setting up an Account – when the Service Account is created, the Client is written into the Newsletter.

        1. The Service Electronic Newsletter is provided free of charge for time not specified.The Service Provider has the possibility, at any time and without a reason, to unsubscribe from the Newsletter (resigning the Newsletter) by sending an appropriate request to the Service Provider, in particular by email to the address: bok@cowboykid.pl or in writing to: Solec 81B/73A; 00-382 Warsaw.

    2. The Client is obliged to use the Online Store in a manner that is lawful and fair, with due regard for respect for personal rights and copyright and intellectual property of the Service Provider and third parties.The Client is obliged to enter data that is consistent with the state of the Service Provider.the service provider is prohibited from providing illegal content.

  2. CONDITIONS FOR THE PROCEEDING OF THE SALE AGREEMENT

    1. Conclusion of the Sales Agreement between the Customer and the Seller is made after the Customer has previously submitted the Order using the Order Form in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.

    2. The price of the Product is shown on the website of the Online Shop in PLN (golden Polish).The price of the Product includes taxes.About the total price together with the taxes of the Product subject to the Order, as well as the cost of delivery (including transport charges, delivery and postal services) and other costs, and if not the amounts of these charges may be fixed – about the obligation to pay them, the Customer is informed on the websites of the Online Store during the submission of the Order, including when the Customer expressed his will to become bound by the Sales Agreement.

    3. Procedure for concluding the Sales Agreement at the Online Store using the Order Form

      1. Conclusion of the Sales Agreement between the Customer and the Seller follows the prior submission of the Order by the Customer in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.

      2. After the Order has been submitted, the Seller immediately confirms receipt of the Order and accepts the Order to be executed.The confirmation of receipt of the Order and its acceptance to be carried out is made by sending the Seller an appropriate e-mail to the information given during the submission of the Order.e-mail address of the Client, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of the conclusion of the Sales Contract.At the time of receiving the above e-mail, the Sales Agreement between the Client and the Seller is concluded.

      3. The recording, securing and making available to the Customer the content of the Sales Agreement is made available through (1) the present Terms and Conditions on the Online Store website and (2) the e-mail to the Customer referred to in section 3.3.3.2.Terms and Conditions.The content of the Sales Agreement is further established and secured in the IT system of the Online Store of the Seller.

  3. PERSONS AND TERMS OF PAYMENTS FOR THE PRODUCT

    1. The seller shall make the following payment methods under the Sales Agreement available to the Customer:

      1. Payment by bank transfer to the Seller.

        1. Bank: ING Bank Śląski S.A.

        2. Account number: 76 1050 1025 1000 0090 3088 0596

      2. Payment in cash for collection at delivery of the consignment, only when choosing the delivery method by courier.

      3. Pay by credit card or by wire transfer via the Transfer24 platform.

      4. When you're wearing a personal suit: card or cash.
    2. Payment deadline:

      1. If the Customer chooses to pay by bank transfer, payments by payment card, the Customer is obliged to make payments within 3 calendar days of the conclusion of the Sales Agreement.

      2. If the Customer chooses to pay in cash for collection at the time of delivery of the consignment, the Customer is obliged to make payment at the time of delivery of the consignment.

  4. COSTS, SOBS AND TERMINATION OF SUPPLY AND PRODUCT RESERVATION

    1. Delivery The product is available in the territory of the Republic of Poland.

    2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise.The cost of the Product delivery (including transport, delivery and postal services) is indicated to the Customer during the submission of the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

    3. The seller shall make available to the Customer the following methods of delivery or receipt of the Product:

      1. Courier delivery, courier delivery, download.

      2. Personal collection available in the warehouse Stefan Starzyński 70, 05-090 Bank Davids, on the days and during the opening hours specified on the website of the Online Shop, except that the prices of slides at personal reception are subject to an additional freight margin

    4. The order execution time is 1-3 working days from the time when the payment is booked on the store side, unless the description of the Product or during the time of placing the Order gives a shorter period.Please note that additional time is required for the goods on the courier side no longer than 3 days Workdays.Products with different delivery dates, the delivery date is the longest given term, which, however, may not exceed 5 Working Days.The beginning of the delivery date of the Product to the Customer shall be as follows:

      1. If the Customer chooses to pay by bank transfer or payment card - from the date of recognition of the Seller's bank account.

      2. If the Customer chooses to pay in cash for download – from the date of conclusion of the Sales Agreement.

    5. Time of Product readiness for Client reception – in case the Customer chooses personal receipt of the Product, the Product will be ready for the Client to receive up to 5 Working Days from the time of booking the payment, unless the description of the Product or during the submission of the Order provides a shorter time limit.The date of the reception is the longest specified date, but may not exceed 5 Working Days.The Customer will be informed about the Product's readiness to receive.The beginning of the Product's readiness period for the Client's reception is as follows:

      1. If the Customer chooses to pay by bank transfer or payment card - from the date of recognition of the Bank account or settlement account of the Seller.

      2. If the Customer chooses to pay in cash for download – from the date of conclusion of the Sales Agreement.

  5. PRODUCT COMPLAINTS

    1. Upon receipt of the consignment, it must be unpacked in the presence of a delivery service and if mechanical damage (cracking/drawing) of the product is detected during transport – to draw up a damage report signed by you and the delivery servicer.Only in this case do we recognise the complaint for defects caused during transport.

    2. The injury report may be written on the spot or within 7 days of receipt.

    3. The seller shall be exempted from liability under the warranty if the buyer knew of the defect at the time of the conclusion of the contract.

    4. If this is the first complaint of a defective thing, the seller is entitled to offer an exchange or repair instead of lowering the price or returning the money – immediate and without undue inconvenience to the consumer.It is up to the consumer to decide.The seller may refuse to comply with the request only if it proves impossible or would require excessive costs compared to the method proposed by the seller.the costs shall be taken into account for the value of the defective item, the nature and the meaning of the defect found, and account shall be taken of the inconvenience to which it would expose the buyer to another way of satisfying it.

    5. The seller shall be liable for the warranty if the defect is established within 2 years of the date of issue of the goods to the buyer.

    6. The consumer is required to notify the seller of the defect and to determine his request within a year of its detection (not least best to report it immediately after detection).Otherwise, a claim for a limitation is made.

    7. The seller has 14 days to respond to the complaint.If the consumer requested repair, exchange or price reduction (note – does not concern withdrawal from the contract), and the entrepreneur did not do so within that time limit, it should be assumed that the complaint was considered justified.However, this does not mean that he must restore the goods to the condition of the contract at that time.

    8. The seller is obliged – at your own expense – replace the defective thing with a fault free or remove the defect in a reasonable time without undue inconvenience to the Client.It is assumed that the term is up to 14 days.

    9. Complaint form, damage protocol and photos please send us to the email address: reklamacje@cowboykid.pl.Since receiving such an email, the seller has up to 14 days to contact the client (mail/telephone) and to give a decision on the complaint.
  6. RIGHT OF DISCONTINUING THE AGREEMENT

    1. A consumer who has concluded a distance contract (or outside the premises of a business) may, within 14 days, withdraw from it without giving a reason and return the goods on the basis referred to below.The period for withdrawal from the contract shall begin with the consumer's taking possession of the goods or the indications thereof.a third party other than the carrier or from the last possession of a party or part.

    2. It is sufficient to send a statement before the deadline.

    3. After the expiry of the period referred to in paragraph 1 above, the right of withdrawal shall expire.
    4. In order to withdraw, the Customer must inform the Seller by a unambiguous statement of the Derogation sent by post.The Customer may also fill in the form and send it by electronic means to: returns@cowboykid.pl.

    5. In the case of Withdrawal, the Online Store returns to the Customer all the fees received, including the costs of getting the items to the Customer.Soon, and in any case no later than 14 days after the day on which the Online Store was informed by the Customer of the decision to exercise the right of withdrawal.

    6. The online store may withhold payment reimbursement until the item is received or until proof of its return is provided, whichever event occurs first.

    7. The customer is asked to send back the item with a fiscal receipt (or VAT invoice) and to the address: Cowboykid Sp.z o.o., 2.technical Street; 05-500 Piaseczno, immediately, and in any case no later than 14 days from the day on which he informed the Online Store about The period is preserved if the Client sends the item/things back within 14 days.

    8. The customer is directly charged with returning the item (resigning/ forwarding/ packaging).In particular, the Customer is asked to use such a way of packaging returned items that allow the protection of the consignment in a manner corresponding to its type – For example, damage during transport.

    9. Importantly, the consumer is responsible for reducing the value of the goods resulting from the use of it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the product.This means that the verification of the characteristics of the product can take place as in a stationary store.

    10. If the consumer reduces the value of the goods by misused, the seller has the right to charge them additional costs.However, he will not be able to do so unless he informs the consumer of the possibility and time limit of withdrawal and the existence of a form by which it can be done.

    11. We're just saying we do not accept No packages sent to us for download.

    12. All accessories from the public playground department are prepared on specific order and are not subject to reimbursement.
  7. PROVISIONS ON THE ENTERTAINMENTS

    1. This Section of the Terms and Conditions and the provisions contained therein apply only to customers and Service Providers who are not consumers.

    2. The seller has the right to withdraw from the Sales Contract concluded with a customer who is not a consumer within 14 calendar days of its conclusion.The withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the customer who is not a consumer in relation to the To the Seller.

    3. For customers not consumers, the Seller has the right to limit the available payment methods, including the requirement to pre-pay in whole or in part, regardless of the method of payment chosen by the Customer and the fact that the Sales Agreement is concluded.

    4. When the Product Vendor issues the carrier to the Client, the benefits and burdens associated with the Product and the risk of accidental loss or damage of the Product will pass on to the Client.The seller in this case shall not be liable for loss, loss or damage of the Product resulting from from receipt to transport until delivery to the customer and for delay in transport of the consignment.

    5. If the Product is sent to the Customer via a carrier, the Customer is not obliged to examine the consignment in time and in a manner accepted for such shipments.If he finds that the Product has been lost or damaged during the transport, he must carry out any action.necessary to establish the carrier's liability.

    6. Under Article 558 § 1 Civil Code The liability of the Seller for the warranty of the Product to the non-consumer customer is excluded.

    7. For non-consumer recipients, the Service Provider may terminate the Electronic Service Agreement with immediate effect and without indicating the reasons by sending the Service Provider a corresponding statement.

    8. The liability of the Service Provider/Seller in relation to the Service Recipient/Customer not being a consumer, regardless of its legal basis, is limited - both within a single claim as well as for any claim in total - to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than PLN 1 thousand.The Service Provider/Seller shall be liable to the Client/Service Recipient/Customer who is not a consumer only for the typical damage foreseeable at the time of conclusion of the contract and shall not be liable for the loss of benefits to the Service Recipient/Customer not being a consumer.

    9. Any disputes between the Seller/Service Provider and the Client/Servicer other than the consumer shall be brought to the court competent for the seat of the Seller/Servicer.

  8. FINAL PROVISIONS

    1. Agreements concluded through the Online Store are concluded in Polish.

    2. The content of the Online Store website, including texts, graphics, photos, animated photos, films, illustrations and in some cases sounds and software, is owned by Cowboy Sp.z o.o.These contents are protected by copyright and other rights.only with the express consent of KBT Polska Sp.z o.o.

    3. Amendments to the Terms and Conditions:

      1. The Service Provider reserves the right to make changes to the Regulations for important reasons, namely: changes to the laws - in so far as these changes affect the implementation of the provisions of these Regulations.

      2. If contracts are concluded under these Terms and Conditions, they shall be continued (e.g.Electronic Service (EMI)).– Account) the amended rules bind the Client if the requirements of Articles 384 and 384[1] of the Civil Code are complied with, the Client has been correctly informed of the changes and has not given his contract within 14 calendar days of the notification.In case the amendment of the Terms and Conditions results the introduction of any new fees or increases in current Consumer Service shall have the right to withdraw from the contract.

      3. Where agreements of a different nature are concluded under these Rules than continuous contracts (e.g.The Sales Agreement) changes to the Terms and Conditions will not in any way affect the rights of acquired Consumer Service/Customers before the date of entry into force of the amendments to the Terms and Conditions, in particular changes to the Terms and Conditions will not affect already submitted or filed Contracts and concluded, executed or executed Contracts Sales.

    4. In matters not regulated by these Regulations, the provisions of Polish law apply to the general public, in particular: Civil Code; Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws No 144, item 1204, as amended); for Sale Contracts concluded until 24 December 2014 with Consumers - provisions of the Act on the Protection of Certain Consumer Rights and Liability for Dangerous Product Damage of 2 March 2000 (Journal of Laws No 22, item 271 as amended) and the Act on Special Conditions for Consumer Sales and amending the Civil Code of 2 March 2000 (Journal of Laws of the European Union, item 271) 27 July 2002 (Journal of Laws 2002 No 141, item.1176 as amended); for the Sales Contracts concluded since 25 December 2014 with Consumer Clients - provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014 No 827 as amended); and other relevant provisions of the universally applicable law.