Account terms and conditions
Account Terms and Conditions
in the online store colibra.eu
Provisions concerning the Privileged Entrepreneur apply to agreements concluded from January 1, 2021.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Loyalty Program
§ 6 Complaints
§ 7 Personal Data
§ 8 Reservations
- 1 DEFINITIONS
Consumer – consumer as defined in the Civil Code.
Account – a free function of the Store regulated by these Terms (service), allowing the Buyer to create an individual account in the Store.
Buyer - any entity purchasing in the Store.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – a natural person who concludes an agreement with the Seller directly related to their business activity, but not having a professional nature for them (definition applicable to agreements concluded from January 1, 2021).
Loyalty Program – a loyalty program run by the Seller, under which Buyers with an Account can earn and use Points under the rules specified in these Terms.
Points – points awarded to the Buyer under the rules specified in these Terms as part of the Loyalty Program, allowing the Buyer to order specified products from the Store with a discount.
Terms - these account terms and conditions.
Store – Colibra online store - earrings, necklaces, rings, pendants, bracelets, run by the Seller at https://colibra.eu
Seller – COLIBRA POLSKA Sp. z o.o. with its registered office at ul. ks. Biskupa Wincentego Tymienieckiego 25c/221, 90-350 Łódź, entered into the Register of Entrepreneurs of the National Court Register by the DISTRICT COURT FOR ŁÓDŹ-ŚRÓDMIEŚCIE IN ŁÓDŹ, XX COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS number 0000895650, NIP 5223201287, REGON number 38874477700000.
- 2 CONTACT WITH THE SELLER
- Postal address: ul. ks. Biskupa Wincentego Tymienieckiego 25c/221, 90-350 Łódź
- Email address: sklep@colibra.eu
- Phone: +48 22 798 97 45
- 3 TECHNICAL REQUIREMENTS
- For proper functioning and creating an Account, the following are required:
- an active email account
- a device with Internet access
- a web browser that supports JavaScript and cookies
- 4 ACCOUNT
- Creating an Account is completely voluntary and dependent on the Buyer's will.
- The Account provides the Buyer with additional options, such as viewing order history, checking order status, editing personal data, and participating in the Loyalty Program.
- To create an Account, the appropriate form must be completed in the Store.
- Upon creating an Account, an agreement for an indefinite period between the Buyer and the Seller is concluded for the maintenance of the Account, based on these Terms.
- The Buyer can resign from the Account at any time without incurring any costs.
- To resign from the Account, the Buyer must send their resignation to the Seller via email: sklep@colibra.eu, which will result in immediate deletion of the Account and termination of the Account agreement.
- 5 LOYALTY PROGRAM
- The Loyalty Program is intended for Buyers with an Account. Points can be earned and used by the Buyer using the Account.
- Upon creating an Account, the Buyer becomes a participant in the Loyalty Program.
- For every PLN 1 spent in the Store as part of a single order, the Buyer will receive the following number of Points: 1, subject to paragraphs 4-5.
- Points for the order will be granted to the Buyer only if the Seller concludes a sales agreement with the Buyer. Points will be awarded to the Buyer automatically, within the order fulfillment period.
- Only the money spent by the Buyer on products ordered in the Store, excluding the use of Points and additional costs related to the order, such as delivery costs, will be considered when calculating the number of Points for an order.
- If the Buyer subscribes to the Seller's newsletter for the first time, they will receive 200 Points. The Points for subscribing to the newsletter will be awarded automatically, no later than within 7 days after subscription.
- The Buyer may receive 5 Points for each review added via the Account about a product purchased in the Store. Points for adding a review will be awarded automatically, no later than within 7 days after the review is added. The Seller reserves the right not to accept a review that contains unlawful content or violates social norms.
- The Points earned by the Buyer will form a single pool.
- The current number of Points collected by the Buyer will be visible in the Account. The Seller may also inform the Buyer of changes to the number of collected Points by sending a message to the email address linked to the Account.
- The Buyer can reduce the price of a product covered by the Loyalty Program to PLN 1 by using Points.
- The number of Points required to reduce the price is indicated in the Store, next to the product.
- If the Buyer decides to use Points, the discount will be applied automatically, i.e., subtracted from the price of the ordered product.
- Points may be used by the Buyer when ordering products that are paid for without using Points, with a total price of at least PLN 25.
- The Seller has the right to cancel Points:
- awarded for orders for which the Seller has refunded the money paid by the Buyer (e.g., in the case of a valid withdrawal from the sales agreement by the Buyer);
- awarded despite unsuccessful payment of the order (this does not mean that Points cannot be earned again if the order is paid for correctly);
- awarded for repeated newsletter subscriptions;
- awarded for adding a review that the Seller finds contains unlawful content or violates social norms.
- Points earned in the Loyalty Program can only be used as specified in this paragraph.
- 6 COMPLAINTS
- Complaints regarding the functioning of the Account should be sent to sklep@colibra.eu.
- The Seller will review the complaint within 14 days.
ALTERNATIVE DISPUTE RESOLUTION METHODS - If the complaint procedure does not bring the expected result for the Consumer, the Consumer may use, among others:
- mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a mediation request should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
- assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted to have the case heard before the arbitration court. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
- free assistance from the municipal or district Consumer Ombudsman;
- the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
- 7 PERSONAL DATA
- The Seller is the controller of the personal data provided by the Buyer when using the Account. Detailed information on the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients, is provided in the Store's Privacy Policy – in line with the principle of transparency included in the General Data Protection Regulation (GDPR).
- The purpose of processing the Buyer's data is to maintain the Account. The legal basis for data processing in this case is the service agreement or actions taken at the Buyer's request prior to concluding such an agreement (Article 6(1)(b) GDPR), as well as the Seller's legitimate interest in processing data to establish, pursue, or defend any claims (Article 6(1)(f) GDPR).
- Providing data by the Buyer is voluntary, but necessary for maintaining the Account. Failure to provide data means that the Seller will not be able to provide the Account service.
- The Buyer's data will be processed until:
- The Account is deleted by the Buyer or the Seller at the Buyer's request
- The possibility of pursuing claims related to the Account by the Buyer or the Seller ceases;
- The Buyer's objection to the processing of their personal data is accepted – if the data processing was based on the Seller's legitimate interest
– depending on which occurs later and is applicable in a given case.
- The Buyer has the right to request:
- access to their personal data,
- rectification,
- deletion,
- restriction of processing,
- data portability to another controller
and also the right: - to object at any time to the processing of data for reasons related to the Buyer's particular situation – against the processing of their personal data based on Article 6(1)(f) GDPR (i.e., legitimate interests pursued by the controller).
- To exercise their rights, the Buyer should contact the Seller.
- If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.
- 8 RESERVATIONS
- It is prohibited for the Buyer to provide unlawful content.
- The agreement for maintaining the Account is concluded in Polish.
- In the event of important reasons, as mentioned in paragraph 4, the Seller has the right to amend these Terms.
- Important reasons mentioned in paragraph 3 are:
- the need to adapt the Store to legal provisions applicable to the Store's activities
- improving the security of the service provided
- changing the Account functionality requiring modification of these Terms.
- The Buyer will be informed of the planned change to these Terms at least 7 days before it takes effect via an email sent to the address associated with the Account.
- If the Buyer does not accept the planned change, they should inform the Seller by sending an appropriate message to the Seller's email address sklep@colibra.eu, resulting in the termination of the Account agreement upon the effective date of the planned change or earlier if requested by the Buyer.
- If the Buyer does not object to the planned change to these Terms, it will be considered accepted, which does not prevent the Buyer from terminating the agreement at a later time.
- In the event of a potential dispute with a Buyer who is not a Privileged Buyer, the competent court will be the court competent for the Seller's registered office.
